SOFTWARE LICENSE AGREEMENT

PRODUCTS and SERVICES: The items contained in this package and governed by this agreement include : Software, by which we mean the computer program recorded on the diskettes, CD, or download installation package; any update to it which we may later provide to you; any backup copies made; and any documentation and/or other printed or electronic documents or materials packaged with the software: and Services, by which we mean online data storage, the databases and the contents of those databases.
TERMS OF LICENSE: This license agreement is effective on the day that you accept this license agreement as part of the installation, and shall terminate if and when you breach any term of this agreement. No credit will be issued after thirty (30) days from the original installation date or after software has been registered, whichever comes first. All software distributed on a FREE basis will not receive a credit of any kind. All resellers must sell direct to the end-user and may not sell products to be resold by any company or person, unless specifically stated herein. All reseller sales agreements are non-refundable. Resellers are independent and in no way represent POS International. Any and all representations, warranties, implied or expressed by reseller or on behalf of POS International are void, AND IN NO EVENT shall POS International be liable for any loss, damages, or injury of any nature, whether direct or consequential in connections with or resulting from the licensing or use of the products. In some cases, payments for data storage is collected from customers in advance, it is the responsibility of POS International to keep the data service available to the customer during that time. Prepaid services are NON REFUNDABLE for any reason.
MANUFACTURER’S RIGHTS: Although you are being given the right to use these materials by this license, you acknowledge the validity and ownership of the trademark, tradenames and copyrights of POS International, Inc. as such exists under the laws of the United States.
YOUR RIGHTS: POS International, Inc. grants you the non-exclusive license to use this program in accordance with the terms contained herein. YOU MAY NOT lend, lease, rent, sublicense or otherwise cause to transfer the materials or your rights under this license. This license is valid for a single company. YOU MAY NOT translate, decompile, disassemble or convert these products into another programming language. These programs are valid for registration only in the United States of America, Canada, Puerto Rico and are not for export.
LIMITED WARRANTY AND LIABILITY: No dealer, distributor, company or person has been authorized to change or add to the terms of this agreement, and POS International, Inc. will not be bound by any representation to the contrary. POS International, Inc. LICENSE THIS PRODUCT TO YOU “AS IS" AND DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS PROGRAM WILL MEET YOUR REQUIREMENT, OR THAT THE OPERATIONS OF THE PRODUCTS WILL BE ERROR FREE. POS International, Inc. does warrant that the diskette, CD, or download installation package and printed materials if any, are not defective in workmanship or in material for a period of sixty (60) days from the effective date of this agreement. POS International, Inc. will replace any defective product returned during such limited warranty period. The warranties set forth in this section are exclusive and in lieu of all other warranties expressed or implied, by operation of Law or otherwise including without limitations, any implied warranty of fitness for a particular purpose of merchantability and in no event shall POS International, Inc. be liable for any loss, damage or injury of any nature, whether direct or consequential in connection with or resulting from the licensing or use of the products. Some states do not allow the exclusion of limitation of implied warranties or liability for incidental or consequential damage so the above exclusion and limitations may not apply to you.
INTERNET: In some cases this program uses the public internet for the transport of data. Data is stored at a secure data center. POS International does not control either the internet or the data center and therefore cannot be held responsible for failures based on internet connectivity or availability, or data center failures or availability. In no event shall POS International, Inc. be liable for any loss, damage or injury of any nature, whether direct or consequential in connection with or resulting from failures of the internet or the data center.
GOVERNING LAWS: This agreement shall be constituted under and governed by the laws of the State of Florida and the United States of America. Any legal action required by either party must be filed in the state of Florida, USA. Action filed in any other state or country will not be valid; and it is agreed that such action will be moved to the State of Florida.
SEVERABILITY: In the event that any one or more of the provisions or parts of any provisions contained in the agreement shall for any reason be held to be invalid, illegal, void or otherwise unenforceable in any respect by a court of competent jurisdiction, the same shall not invalidate or otherwise affect any other provision hereof, and this agreement shall be constituted as if such invalid, illegal, void or unenforceable provisions had never been contained herein.
SECURITY: The fact that this software is used with "Gift Cards" and understanding that these "Gift Cards" reference a real monetary value, a security algorithm is encoded in the card number, when purchased from an approved POS International, partner. This algorithm, because of security concerns, remains the property of POS International and will not be disclosed to any third party. NO GUARANTEE is offered that "Gift Cards" produced by a manufacturer other than a manufacturer APPROVED by POS International will be suitable or secure when used with this software. Temporary (cardstock) gift cards provided by POS, International, do not, by the very nature of the fact that the card numbers contain HRC (human readable characters), have any security built in.  These need to be carefully controlled by the customer for security and should be replaced by more secure, permanent cards at the earliest opportunity.