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LICENSE AGREEMENT
This document is a legal agreement between you ("end user") and the author(s) of Acme Bar Code Detective Software herein referred to as "Acme Bar Code Detective" or “ABCD”. By downloading, purchasing and / or using this software you are agreeing to be bound by the terms of this agreement. If you do not agree to these terms in their entirety promptly remove the application from your computers, delete any downloads and return any other materials.
Certain third-party modules may be bundled with the Software and may be provided to you, subject to separate license terms; in no case shall they be covered under this Agreement.
GRANT OF LICENSE The author(s) of Acme Point of Sale grant the end user the right to installation of Acme Bar Code Detective (the "software") on a single computer.
ACTIVATION CODES / FEES Prior to purchase you are welcome to use the software for trial and testing purposes. Software used in this manner is still subject to the terms of this license and has several limitations built. Fees paid to anyone or any company (Acme, Total BusinessWare, your Dealer, Distributor, Solution Provider, etc.) for activation codes, hardware or any other products are non-refundable.
Activation periods are determined by purchase method. Subscribing to ABCD allows usage for a limited time period, after which the software sill cease to function.
COPYRIGHT The software is owned by its author and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the software like any other copyrighted material (e.g., a book or musical recording) except that you may make a copy of the software for backup or archival purposes. You may also copy the written materials accompanying the software.
The Software is licensed, not sold, and You agree that the Software, and all intellectual property and proprietary rights therein are owned by Total BusinessWare, Inc. -Total BusinessWare reserves title and all right and interests in and to the Software not expressly granted to You, including without limitation all patent rights, copyrights, trademarks, trade names, trade secrets and other intellectual property and proprietary rights. There are no implied licenses under this Agreement, and all rights not expressly granted are reserved by Acme.
DMCA POLICY
Disclaimer: This information is provided for educational purposes and may include third-party content. While we work to ensure that product information is correct, we cannot guarantee the validity of third-party content. Additionally, on occasion manufacturers may alter their ingredient lists and instructions, so the actual product packaging and materials may contain more and/or different information than shown here. We recommend that you do not solely rely on the information presented and, for additional information about a product, use the links to contact the maker or vendor of the product.
OTHER RESTRICTIONS You may not rent or lease the software. You may not transfer the software. You may not reverse engineer, de-compile, disassemble or create a derivative from the software. Total BusinessWare does not grant end user any expressed or implied licenses or rights to any enabling technologies or systems that may be necessary to use the Software.
NO WARRANTIES THE SOFTWARE IS PROVIDED AND LICENSED TO YOU “AS IS”. YOU ASSUME THE ENTIRE RISK AS TO IT’S USE. SHOULD THE SOFTWARE PROVE TO HAVE DEFECTS IN ANY WAY, YOU ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR OR CORRECTION ARISING FROM SAID DEFECTS. ACME DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING AND WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.™ WITHOUT LIMITING THE FOREGOING, ACME SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES THAT THE SOFTWARE, ACME’S EFFORTS, OR ANY SYSTEM WITH WHICH YOU WILL USE THE SOFTWARE WILL MEET YOUR REQUIREMENTS, FULFILL ANY PARTICULAR PURPOSES OR NEEDS, OR THAT THE OPERATION OF THE SOFTWARE OR WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME THE RESPONSIBILITY FOR THE SELECTION OF YOUR SOFTWARE, AND HARDWARE AND IT’S ABILITY TO ACHIEVE YOUR INTENDED RESULTS.
Some jurisdictions do not allow the disclaimer of implied warranties, so the above disclaimer may not apply to You, in which case the duration of any such implied warranties is limited to time period prior to your purchase of Activation Code(s) or thirty (30) days from the date the Software is first downloaded or used by You. In case of breach of such implied warranties, Total BusinessWare sole and exclusive obligation and liability and Your sole and exclusive remedy will be, at Total BusinessWare sole discretion, to (i) repair, correct, or work around any defect; (ii) provide a replacement copy of the Software; or (iii) terminate this Agreement. In no case will a refund of activation or any other fees occur.
LIMITATION OF LIABILITY Total BusinessWare SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OF ANY KIND (INCLUDING DAMAGES FOR INTERRUPTION OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS, LOST DATA, LOST PROFITS, OR THE LIKE) ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE (OR ANY INTELLECTUAL PROPERTY SUBSISTING THEREIN) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF ACME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
MAINTENANCE, UPDATES, COLLECTED DATA We may update the Software at any time, but are under no obligation to do so. To the extent that we supply any updates to You, such updates will be deemed to be subject to the terms of this Agreement unless Total BusinessWare indicates otherwise. Total BusinessWare reserves the right to charge fees for any future versions of, or updates to, this Software. Usage information including product codes and responses are collected by the program.
REVOCATION End user agrees that this software and license will remain the sole property of Total BusinessWare at all times. Total BusinessWare reserves the right to revoke this license at any time and at its sole discretion. Upon revocation, the end user agrees to surrender all software and printed materials immediately retaining no copies of such.
The laws of the State of Minnesota govern this Agreement.
Total BusinessWare, Inc www.TotalBusinessWare.com ABCD License Agreement.rtf -Last Updated 21 December 2017
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