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1.
SOFTWARE LICENSE
A. License Grant
In consideration of payment of the license fee, Blue Sky POS grants to
you the nonexclusive right to use the software. You can install one
copy of the software on a computer that is owned, operated or
controlled by you. You are bound to this Agreement during your entire
possession time span of this Software, in its original or altered
state. Blue Sky POS reserves the rights to suspend, revoke or
terminate your license to use the software if these terms are
violated.
B. Copyright
The Software is owned by Blue Sky POS and is protected by United
States copyright laws and international treaty provisions. Therefore,
You must treat the Software like any other copyrighted material. You
may not copy the Software for DISTRIBUTION or RESELL in any way. You
may not copy any written materials accompanying the Software or
available from this web page and affiliated web pages without express
written authorization from Blue Sky POS. All copies of the Software,
in its original or altered state, MUST be in the possession of the
company, organization or person entered into the license form.
2. DISCLAIMERS, LIABILITY & WARRANTY INFORMATION
UNLESS EXPRESSLY PROVIDED OTHERWISE IN A SEPARATE AGREEMENT BETWEEN
YOU AND BLUE SKY POS, ALL INFORMATION AND SOFTWARE ON AND FROM THIS
SITE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. BLUE SKY POS ASSUMES NO RESPONSIBILITY FOR ERRORS OR
OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS AT,
REFERENCED BY, AVAILABLE FROM OR LINKED TO THIS SITE. YOU ASSUME THE
ENTIRE RISK FOR THE RESULTS AND PERFORMANCE OF THE SOFTWARE.
ANY REFERENCES TO CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN NO EVENT SHALL BLUE SKY POS OR ANYONE ELSE INVOLVED IN THE
CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE OR ANY ACCOMPANYING
WRITTEN MATERIALS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING
WITHOUT LIMITATION ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF
USE, LOSS OF DATA, LOSS OF OTHER MATERIALS, LOSS OF PROFITS, BUSINESS
OR OTHER WORK INTERRUPTION, OR ANY OTHER PECUNIARY LOSSES, WHETHER OR
NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND BASED ON ANY THEORY
OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR
INABILITY TO USE INFORMATION, SOFTWARE OR OTHER MATERIALS OBTAINED
FROM USING THIS SOFTWARE OR FROM THE PERFORMANCE OR LACK OF
PERFORMANCE OF THIS SOFTWARE.
BLUE SKY POS SOFTWARE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW OF THE
SOFTWARE AT BLUE SKY POS's SOLE DISCRETION. BLUE SKY POS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE SOFTWARE AND ANY OTHER PRODUCT(S)
OR PROGRAM(S) DESCRIBED OR AVAILABLE ON OUR SITE AT ANY TIME. BLUE SKY
POS HAS NO OBLIGATION TO NOTIFY YOU OF ANY CHANGES OF THE SOFTWARE OR
ANY OTHER PRODUCTS OR PROGRAMS.
3. REMEDIES
In no event shall Blue Sky POS's total liability to you for all
damages, losses, and causes of action arising from or connected in
anyway with this Agreement (including without limitation liability in
contract, tort or under any other legal theory) ever exceed the
INITIAL amount paid by You for the Software. INITIAL amount is defined
as the first payment to purchase the software and DOES NOT include
other fees incurred there after. This shall constitute Your sole and
exclusive remedy.
4. TERMINATION
This Agreement is effective IMMEDIATELY upon Your Software download,
Software use or License request. Unless sooner terminated by Blue Sky
POS, any license granted by this Agreement terminates in accordance
with the method and timeframes specified in Section 1-A of this
Agreement. Without prejudice to any other rights, Blue Sky POS may
suspend, revoke, or terminate this Agreement if You fail to comply
with any of its provisions.
5. FEES
A. Fees
Blue Sky POS reserves the right to change our prices at any time. Your
acceptance of this Agreement indicates consent to the published
prices. By accepting this Agreement, You consent to pay all fees and
costs that You incur. Failure to pay timely and in full constitutes a
material breach of this Agreement.
B. Payment
Blue Sky POS requires a credit card transaction, wire transfer, or a
mailed check prior to obtaining the software.
C. Refunds
Blue Sky POS does not issue refunds for sales made by Blue Sky POS or
its Resellers.
6. GOVERNING LAW
This License Agreement shall be construed, interpreted and governed by
the laws of the State of Nevada. The exclusive forum for any disputes
arising out of or relating to this License Agreement shall be an
appropriate federal or state court sitting in Las Vegas, Nevada, USA.
This License Agreement shall constitute the entire Agreement between
the parties hereto. Blue Sky POS has the right to modify this
agreement with each new release of the Software. You have the right to
waiver the modifications and opt to abide by the previous Agreement
and chooses not to accept the new Software release and the modified
License Agreement. If a court of competent jurisdiction finds any part
of this License Agreement invalid or unenforceable, the remainder of
this License Agreement shall be interpreted so as to reasonably affect
the intention of the parties. |
