RestaurantPlus End-User License Agreement (EULA)

SINGLE SITE SOFTWARE LICENSE

IMPORTANT - READ CAREFULLY: this End-User License Agreement (EULA) is a legal agreement between the End-User (either an individual or a single entity) and RestaurantPlus, LLC (RestaurantPlus) for the software product identified above, which includes computer software and associated media, printed materials, and online or electronic documentation (SOFTWARE PRODUCT). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of the EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.

SOFTWARE PRODUCT LICENSE

Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is licensed, not sold.

A. GRANT OF LICENSE:
This EULA grants you the following rights:

RestaurantPlus Software: You may install and use the SOFTWARE PRODUCT or any prior version of the same product on one or more computers used to run your network within the same store location, based on the number of software licenses you have purchased. A license for the SOFTWARE PRODUCT may not be shared or used concurrently on different computers between multiple store locations

B. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS:

Limitations on Reverse Engineering, De-compilation and Disassembly: You may not reverse engineer, de-compile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

Separation of Components: The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.
Rental: You may not rent, lend or lease the SOFTWARE PRODUCT.
Support Services: Software support services related to the SOFTWARE PRODUCT must be purchased from RestaurantPlus or from a RestaurantPlus Reseller. Use of support services is governed by RestaurantPlus Software support policies and programs described in its User Manuals, on its web site and/or in other RestaurantPlus software procedure materials. Any supplemental software codes (Permanent Key Codes) provided to you as part of the support services shall be considered as part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to RestaurantPlus as part of the support services, RestaurantPlus may use such information for its business purposes, including for product support and development. RestaurantPlus will not utilize such technical information in a form that personally identifies you.

Software Transfer: You may not transfer the SOFTWARE PRODUCT and you may not assign this agreement without prior written approval by RestaurantPlus.

Termination: Without prejudice to any other rights, RestaurantPlus may terminate this EULA if you fail to comply with the terms and conditions of this EULA. End-user may terminate this EULA by giving RestaurantPlus 30-day written notice. In such an event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

Returns: These policies supersede policies appearing on all other RestaurantPlus, LLC and/or RestaurantPlus reseller literature. SOFTWARE PRODUCTS (including software licenses and permanent key codes) are non-refundable and non-returnable. If your software product is defective we will replace it.
Registration: RestaurantPlus SOFTWARE PRODUCTS must be registered with RestaurantPlus, LLC before software options can be accessed. Upon registering your unique Product ID No, you will receive "Software and License Activation Codes" to permanently activate the software. Please refer to RestaurantPlus Setup Manual for step-by-step instructions for installing activation codes.

C. COPYRIGHT: All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, documentation and "applets" incorporated into the SOFTWARE PRODUCT by RestaurantPlus), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned through RestaurantPlus, LLC and/or Microsoft Corporation and/or its suppliers. Access, Visual Basic and Windows are trademarks of Microsoft Corporation. RestaurantPlus is a trademark of RestaurantPlus, LLC. Copyright laws and international treaty provisions protect the SOFTWARE PRODUCT. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may install the SOFTWARE PRODUCT on a single computer provided that you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE PRODUCT without written permission from RestaurantPlus, LLC.

D. DISCLAIMER: THE MATERIALS (INCLUDING ALL SOFTWARE) AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. RestaurantPlus obligations with respect to its products and services are governed solely by the agreements under which they are provided. RestaurantPlus further does not warrant the accuracy and completeness of the materials, software or services. RestaurantPlus may make changes to the materials and services, or to the products and prices at any time without notice. The entire risk arising out of the use or performance of the product remains with the recipient. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.

E. LIMITATION OF LIABILITY: IN NO EVENT WILL RESTAURANTPLUS, ITS SUPPLIERS, OR OTHER THIRD PARTIES, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE THE SOFTWARE PRODUCT, OR THE RESULTS OF USE, OR DOCUMENTAION MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ITS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT RESTAURANTPLUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

F. LICENSEE AGREES: To indemnify RestaurantPlus and hold RestaurantPlus harmless against any and all liabilities, cost and expenses, including reasonable attorney's fees related to or arising from LICENSEE'S use of the SOFTWARE.

G. GOVERNING LAW: if you acquired this product in the United States, the laws of the State of Delaware govern this EULA. each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the State of Delaware and further agrees to commence any litigation that may arise hereunder in the courts located in the Judicial District of the County of New Castle, Delaware. Licensee agrees to pay for RestaurantPlus, LLC attorney fees, court costs and travel expenses arising from any litigation.

H. ACCEPTANCE: Installing and using the SOFTWARE PRODUCT will constitute an acceptance of this EULA.