Version 1 · Last updated «DATE»
IMPORTANT — READ CAREFULLY. This End-User License Agreement (“Agreement”) is a legal agreement between you (the store or individual licensing the software, “You”) and «COMPANY LEGAL NAME» (“Licensor”, “we”, “us”). By installing or using Estura POS (“the Software”), You agree to be bound by this Agreement. If You do not agree, do not install or use the Software.
1. License grant
Subject to Your compliance with this Agreement and payment of any applicable fees, we grant You a limited, non-exclusive, non-transferable, revocable license to install and use the Software on the number of point-of-sale terminals/stores permitted by Your purchased license, solely to operate Your own retail business.
2. Restrictions
You may not:
- (a) copy, distribute, resell, sublicense, rent, or lease the Software;
- (b) reverse engineer, decompile, or disassemble it, except to the extent that applicable law expressly permits;
- (c) remove or alter any proprietary notices;
- (d) use the Software beyond the scope of Your license (e.g. on more terminals/stores than licensed); or
- (e) circumvent any licensing or activation mechanism.
3. Ownership
The Software is licensed, not sold. We and our licensors retain all right, title, and interest in and to the Software, including all intellectual property rights.
4. Your data
The Software stores Your business data locally on Your computer(s). You are responsible for Your data, for maintaining backups, and for complying with all laws applicable to the data You collect (including customer and employee information). See the Privacy Policy for how the Software handles data.
5. Term and termination
This Agreement applies for as long as You use the Software. A subscription license ends when its term expires unless renewed. We may terminate this Agreement if You materially breach it. On termination You must stop using the Software. Your data remains Yours and stays on Your computer; You may export it.
6. Disclaimer of warranties
THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY TAX CALCULATION, PRICE, PAYMENT RECORD, REPORT, OR OTHER OUTPUT IS ACCURATE OR FIT FOR ANY PARTICULAR PURPOSE. YOU ARE RESPONSIBLE FOR VERIFYING TAX RATES, PRICES, PAYMENTS, AND LEGAL/REGULATORY COMPLIANCE FOR YOUR BUSINESS.
7. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SOFTWARE — INCLUDING TAX MISCALCULATION, PAYMENT ERRORS, HARDWARE ISSUES, OR DATA LOSS — EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE SOFTWARE IN THE «12» MONTHS BEFORE THE CLAIM.
8. Not professional advice
The Software and its outputs are not tax, accounting, legal, or financial advice. Consult a qualified professional for such matters.
9. Governing law
This Agreement is governed by the laws of «PROVINCE/STATE», «COUNTRY», without regard to conflict-of-laws rules. The parties submit to the courts located there.
10. Entire agreement
This Agreement is the entire agreement between You and us regarding the Software and supersedes prior agreements. If any provision is unenforceable, the rest remains in effect.
Contact: hello@estura.ca · «REGISTERED MAILING ADDRESS»