BPA Restaurant Professional distribution permissions and end-user license agreement
A. "BSS" shall mean Business Software Solutions Inc., Layton, Utah 84041
B. "CUSTOMER" shall mean the original company or individual who purchased this software.
C. "COMPUTER" shall mean the single computer on which this program is used.
D. "LICENSE" shall mean this agreement and the rights and obligations created hereunder by the United States Copyright Law and Utah Law.
E. "PROGRAM" shall mean the software supplied in this package.
II. Transfer and Reproduction
THE CUSTOMER agrees to take all reasonable steps and to exercise due diligence to protect all documentation provided in this package by BSS from unauthorized reproduction, publication or distribution. The customer is given the right to transfer a copy of the PROGRAM diskettes to a third party for evaluation only. Evaluation shall be defined as use of the PROGRAM for a period not to exceed 10 days. If such a transfer is made, the CUSTOMER agrees to insure BSS that after the evaluation period the transferred BSS PROGRAM diskettes will be either purchased or destroyed.
BSS grants to the CUSTOMER the right to use this copy of the PROGRAM on a single computer or single network at a single location as long as the CUSTOMER complies with the terms of this LICENSE. This LICENSE allows the CUSTOMER to install the PROGRAM on a single computer regardless of where the computer was purchased. This LICENSE allows the CUSTOMER to use the program on additional computers in a single network under the following conditions:
A. The CUSTOMER can install the PROGRAM with no additional licensing fees on additional networked computer stations if those stations were purchased from BSS. “Computer station” refers to the computer and relevant peripherals for use with the PROGRAM (e.g. Touch Screen Monitors, Receipt Printers, Magnetic Card Readers, Barcode Scanners, etc.)
B. BSS requires the CUSTOMER to pay a terminal fee for each networked computer station which the CUSTOMER does not purchase from BSS and adds to the network for the purpose of running the PROGRAM.
When the PROGRAM is included with a system purchased from BSS, the CUSTOMER is required to pay the terminal fee for any additional computers the PROGRAM is installed on which are not purchased from BSS.
Transfer of this LICENSE is subject to a license transfer fee. BSS reserves the right to terminate this LICENSE if the CUSTOMER violates any provisions thereof and, in the event of such termination, the CUSTOMER agrees to return the PROGRAM and all documentation to BSS. The PROGRAM is the sole ownership of BSS. In the event the CUSTOMER uses the PROGRAM simultaneously on more than one computer or one network, the CUSTOMER agrees to request from BSS and to pay for licenses for additional user copies. A sealed copy of the PROGRAM is supplied with the documentation. By the act of opening the package within which the PROGRAM diskette(s) is (are) sealed, or installing the PROGRAM on a computer, the CUSTOMER subscribes to and agrees to the terms of this licensing agreement.
The CUSTOMER shall be required to pay all support fees arising from per incident support or monthly support and licensing in a timely manner to maintain their right to use the SOFTWARE. Periodically the SOFTWARE may require a licensing key to be entered which must be acquired from BSS. The CUSTOMER will not be granted a licensing key unless they are current on support fees.
IV. Limited Warranty
The PROGRAM is sold "AS IS" without a warranty as to performance, merchantability, or fitness for a particular purpose. BSS warrants the magnetic diskettes(s) on which the PROGRAM is recorded to be free from defects in materials and faulty workmanship under normal use for a period of ninety (30) days from the date of purchase. In addition, BSS warrants the software to be free of significant errors that make it unusable for ninety (30) days from the date of purchase. In the event such errors are found, BSS will attempt to correct them, or to help the CUSTOMER avoid them, with efforts BSS believes are suitable to the problem or, at BSS's option, authorize a refund of the license fee.
The CUSTOMER's sole and exclusive remedy in the event of a defect is expressly limited to the above provisions. BSS makes no other warranty, express or implied, to the CUSTOMER or any other entity or person. The CUSTOMER agrees that BSS will not be liable for loss of time, loss of data, loss of profits or revenue, loss of use of the software, or any other losses whatsoever. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations might not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. The CUSTOMER and BSS agree that the PROGRAM is not intended as "Consumer Goods" under state or federal laws.
BSS maintains a policy of on going updates and product improvement. Provided the CUSTOMER has previously returned the signed limited warranty registration card, BSS shall provide the CUSTOMER with either copies of updated material or notification of availability and price schedules where appropriate. The PROGRAM specifications and features are subject to change without notice.
This agreement shall represent the only agreement between the CUSTOMER and BSS and it may not be modified by the representations of anyone unless a written amendment has been signed by a corporate officer of Business Software Solutions Inc.
Any use, duplication or disclosure by the U.S. Government of the computer software and documentation in the package shall be subject to the restricted rights under DEARS 52.227-7013 applicable to commercial computer software.