Copyright (c) 2007 Jonathan Ryan Grice
*** END USER LICENSE AGREEMENT ***
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
By receiving, opening the file package, and/or using Inventory Mobile (“Software”) containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by Jonathan Ryan Grice your use of Inventory Mobile indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Jonathan Ryan Grice grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Inventory Mobile in accordance with this Agreement and any other written agreement with Jonathan Ryan Grice. Jonathan Ryan Grice does not transfer the title of Inventory Mobile to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Jonathan Ryan Grice and the purchasers or users of Inventory Mobile.
If you do not agree to be bound by this agreement, remove Inventory Mobile from your computer now and, if applicable, unsubscribe via the Clover App Market.
Inventory Mobile and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of Inventory Mobile contact Jonathan Ryan Grice.
3. USER AGREEMENT
Your license to use Inventory Mobile is limited to one license per merchant. You shall not allow others to use, copy or evaluate copies of Inventory Mobile.
3.2 Use Restrictions
You shall use Inventory Mobile in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Inventory Mobile together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of Inventory Mobile may be used by one single merchant account by authorized employees. Use of Inventory Mobile means that you have loaded, installed, or run Inventory Mobile on a computer or similar device. If you install Inventory Mobile for use with multiple merchants each and every individual merchant account must be licensed separately.
You may make one copy of Inventory Mobile for backup purposes, providing you only have one copy installed on one device being used by one merchant. Other merchants may not use your copy of Inventory Mobile. The assignment, sublicense, networking, sale, or distribution of copies of Inventory Mobile are strictly forbidden without the prior written consent of Jonathan Ryan Grice. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Inventory Mobile. If any merchant other than yourself uses Inventory Mobile registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Inventory Mobile. Nor can you create any derivative works or other works that are based upon or derived from Inventory Mobile in whole or in part.
Jonathan Ryan Grice’s name, logo and graphics file that represents Inventory Mobile shall not be used in any way to promote products developed with Inventory Mobile. Jonathan Ryan Grice retains sole and exclusive ownership of all right, title and interest in and to Inventory Mobile and all Intellectual Property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of Inventory Mobile, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Jonathan Ryan Grice.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend Jonathan Ryan Grice, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Jonathan Ryan Grice’s Software.
In no event (including, without limitation, in the event of negligence) will Jonathan Ryan Grice, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Inventory Mobile or the use or inability to use Inventory Mobile or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Jonathan Ryan Grice’s entire liability, without exception, is limited to the customers’ reimbursement of the subscription price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Jonathan Ryan Grice) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Jonathan Ryan Grice.
Except as expressly stated in writing, Jonathan Ryan Grice makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This Agreement shall be governed by the law of the United States applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of United States therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Inventory Mobile and destroy all copies of Inventory Mobile supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY Inventory Mobile AS WELL.
5. CONSENT OF USE OF DATA
You agree that Jonathan Ryan Grice may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Inventory Mobile.Jonathan Ryan Grice may also use this information to provide notices to you which may be of use or interest to you.