Yellow Dog Software License Agreement
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING AND USING THE SOFTWARE.
BY CLICKING ON THE "ACCEPT" BUTTON, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE.
OWNERSHIP OF SOFTWARE
You acknowledge and agree that all of the computer programs and associated documentation (collectively, the "Software") are owned exclusively by Yellow Dog Software. You agree that the price paid by you for the Software is a license fee granting you only the rights set forth in this License Agreement.
Yellow Dog Software grants to you, and you accept, a limited, non-exclusive and revocable license to use the Software, in machine-readable, object code form only. You agree to use the Software only as authorized in this License Agreement. This License Agreement does not convey to you any ownership rights or any other interest in the Software.
SCOPE OF LICENSE
This Software is licensed per Point of Sale Revenue Center and can be installed on an unlimited number of computers. A valid license must be purchased for each Point of Sale Revenue Center which the Software will be interfaced.
You may not copy or make any changes or modifications to the Software, and you may not translate, decompile, disassemble, or otherwise reverse engineer the computer program(s). You may not lend, rent, lease or sublicense the Software or any copy to others for any purpose. You agree to use all reasonable efforts to protect the Software from unauthorized use, modification, reproduction, distribution or publication. You are not permitted to make any uses or copies of the Software that are not specifically authorized by the terms of this License Agreement, and Yellow Dog Software reserves all rights that are not expressly granted to you. Your adherence to this License Agreement will allow Yellow Dog Software to continue developing innovative and useful products and providing a high level of customer service and support.
This license will become effective on the date you acquire the Software and will remain in force until terminated. You may terminate the license at any time by removing the Software from your computer and destroying the original Software and all copies. This license will automatically terminate if you breach any of the terms or conditions set out in this License Agreement. You agree to remove the Software from your computer, and either to destroy the original Software and all copies of the Software or to return the Software to Yellow Dog Software, upon termination of this license for any reason.
You may make one copy of this Software solely for backup or archival purposes.
Yellow Dog Software warrants the physical program media to be free from, defects for a period of 90 days from the date of your purchase. If you notify Yellow Dog Software of defects during the warranty period, Yellow Dog Software will replace the defective program media or, at its option, refund the purchase price. Your remedy for breach of this warranty shall be limited to replacement or refund and shall not encompass any other damages. No dealer, distributor, agent or employee of Yellow Dog Software is authorized to make any modification or addition to the warranty and remedies stated above.
Yellow Dog Software specifically disclaims all other warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Yellow Dog Software does not provide any warranty as to the operation of the software or its fitness for any particular application, use or purpose.
LIMITATIONS OF LIABILITY AND REMEDIES
In no event shall Yellow Dog Software or its licensors be liable for any loss of profit or any other commercial damage, including but not limited to special, incidental, consequential, punitive or other damages, even if Yellow Dog Software or its licensors are advised, in advance, of the possibility of such damages. In no event shall the liability of Yellow Dog Software or its licensors exceed the purchase price paid for the Software.
OTHER TERMS AND CONDITIONS
You agree that aspects of the licensed materials, including the specific design and structure of individual programs, constitute trade secrets and/or copyrighted material of Yellow Dog Software. Customer agrees not to disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of Yellow Dog Software. Customer agrees to implement reasonable security measures to protect such trade secrets and copyrighted material. Title to Software and documentation shall remain solely with Yellow Dog Software.
You agree to install this software ONLY on a computer that you own or on a computer which you have been given explicit permission to install. You agree to NOT install this software on any computer you do not own or on any computer you have not been given explicit permission to install.
You acknowledge that Yellow Dog Software periodically sends diagnostic information via the internet to the Yellow Dog Software email system.
This information transfer is done to register the Software and to collect system specific information for supporting you and to send you information regarding the product. Yellow Dog Software acknowledges that the information collected to support you is confidential and will not be distributed to any third party.
This License shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, United States of America, as if performed wholly within the state and without giving effect to the principles of conflict of law. If any portion hereof is found to be void or unenforceable, the remaining provisions of this License shall remain in full force and effect. This License constitutes the entire License between the parties with respect to the use of the Software.