Copyright of POSsimplicity 2022
This site may contain other proprietary notices and copyright information, the terms of which must also be observed and followed.
Information on this web site is provided "as is" without any warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. any interpretation of the contents, rights and obligations of the contents of this disclaimer and/or POSsimplicity web site shall be interpretated in accordance with the laws of Ontario.
No License: Nothing on any POSsimplicity Web Site shall be construed as conferring any license under any of POSsimplicity or any third party's intellectual property rights, whether by estoppels, implication, or otherwise. All intellectual property, including without limitation, trademarks, patents, trade secrets and copyrights, is the property of POSsimplicity or such third party and any unauthorized use thereof is strictly prohibited.
Authorized use: Any person is hereby authorized to view the information available on this web site for informational purposes only. No part of the information on this site may be used, redistributed, copied or reproduced, without the prior written consent of POSsimplicity.
Possible Errors: Information on this web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. POSsimplicity reserves the right to make improvements and/or changes in the products, programs and/or specifications described in this information at any time without notice.
Non-Confidential, Unrestricted Information: POSsimplicity required that no unsolicited confidential or proprietary information be sent to POSsimplicity through its web site. NO information or materials sent to POSsimplicity, through its web site will be deemed confidential. By forwarding any information or material through this web site, you are granting POSsimplicity an unrestricted license and permission to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that the POSsimplicity is free to use any ideas, concepts, know-how or techniques that you send us for any purpose whatsoever.
Trademarks: POSsimplicity and the names of the POSsimplicity products referenced herein are either trademarks and/or service marks or registered trademarks and/or service marks of POSsimplicity. Other product and company names mentioned herein may be trademarks and/or service marks of their respective owners. The names of some companies, products, people, characters and/or data mentioned herein are fictitious and are in no way intended to represent any real individual, company, product or event, unless otherwise noted.
Unavailable products: Information POSsimplicity publishes on the World Wide Web may contain references or cross references to POSsimplicity products, programs and services that are not announced or available in your country/state/province. Such references do not imply that POSsimplicity intends to announce such products, programs or services in your country/state/province. Please consult your local POSsimplicity business contact for information regarding the products, programs and services which may be available to you.
Linked Web Sites: Linked web sites are not under the control of POSsimplicity and POSsimplicity makes no representations whatsoever about any other web site (or information found within) which you may access through this web site. POSsimplicity provides links to you only as a convenience and the inclusion of any link does not imply endorsements or acceptance by POSsimplicity of any liability whatsoever for the contents or the use of such web site. When you access a non- POSsimplicity web site, please understand that it is independent from POSsimplicity, and that POSsimplicity has no control over the contents on that web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
In no event will POSsimplicity be liable to any party for any direct, indirect, special or other consequential damages with any use of this website, or on any other hyperlinked website, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages. the entire risk arising out of the use of any information found herein remains with the recipient.
Notice Specific to Documents Available on this Web site: Permission to use documents (such as white papers, press releases, datasheets and FAQs) from this server ("Server") is granted, provided that (1) the below copyright notice appears on all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from this Server is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents whatsoever are made. Use for any other purpose is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible by law.
Documents specified above do not include the design or layout of the POSsimplicity web site or any other POSsimplicity owned, operated, licensed or controlled site. Elements of POSsimplicity web sites are protected by trade dress and/or other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any POSsimplicity web site may be copied or retransmitted unless expressly permitted by POSsimplicity.
All intellectual property, including without limitation, trademarks and copyrights are the property of their respective owners and any unauthorized use thereof is strictly prohibited. Use of any software for any purpose not explicitly stated and authorized in the web site is expressly forbidden without the prior written permission of POSsimplicity. Any rights not expressly granted herein are reserved.
BY CLICKING ACCEPT BELOW OR OPERATING POSsimplicity SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE PROVISIONS OF THIS LEGAL AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE EXIT FROM THIS APPLICATION.
This POSsimplicity®, hereinafter referred to as “the Company”, End-User License Agreement hereinafter referred to as the “Agreement”, sets forth the terms and conditions under which you are granted a limited license to use:
Collectively the Software, Documentation and Updates are referred to as the “Licensed
The Company grants to you a nonexclusive, non-transferable license to use the Licensed Materials upon the following terms and conditions:
2. Proprietary Rights.
All title, ownership and copyrights to the Licensed Materials and any copies that you are permitted to make, and all intellectual and industrial rights therein (including without limitation, copyrights, trademarks, patents, industrial designs, trade names and trade secrets), are owned by the Company and its licensors, and the structure, organization, and code of the Software and any Updates thereto are the valuable trade secrets of the Company. The Licensed Materials are also protected by the copyright laws of various countries, international copyright treaties as well as other intellectual property laws and treaties. You may not copy the Licensed Materials, except as set forth in the ‘Use of the Licensed Materials’ section above. Trademarks can only be used to identify printed output produced by the Software and such use does not give you any rights of ownership in that trademark. Except as stated above, this Agreement does not grant you any intellectual or industrial property rights in the Licensed Materials.
You may not rent, lease, sublease, lend, disclose, host or otherwise share the Licensed Materials in any manner. You may not assign or transfer this Agreement or the Licensed Materials to any third party without prior written consent from the Company.
4. Software Updates.
At all times the use of any Update shall be governed by the provisions of this Agreement.
5. Software Maintenance Plan (SMP).
(The Mandatory Software Maintenance Plan MUST be purchased annually unless you are purchasing the Software under a Rental Model).
A CURRENT SOFTWARE MAINTENANCE PLAN IS MANDITORY FOR MANY FEATURES OF THE SOFTWARE TO FUNCTION. THESE FEATURE INCLUDE, BUT ARE NOT LIMITED TO, CREDIT CARD PROCESSING, ONLINE ORDER PROCESSING AND GIFT CARD PROCESSING.
The Company will provide the following Software Maintenance Services for the Software:
6. NO WARRANTY.
The Software is provided “as is” without a warranty of any kind, either expressed or implied including but not limited to warranty and merchantability fitness for a particular purpose. No distributor, dealer or any person are authorized to expand or alter this warranty or any other provisions of this Agreement. POSsimplicity does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free or free from malicious code.
7. DISCLAIMER OF WARRANTIES.
Except for the limited warranty mentioned in the agreement, the Company, and its dealers, licensors and distributors make no representation, warranties or conditions, expressed, implied, statutory and expressly disclaim to the fullest extent permitted by applicable law all other representations, warranties and conditions, either expressed or implied, as to any and all other matters, including but not limited to non-infringement of third party rights, merchantability, merchantable quality or fitness for any particular purpose and the Company, and its suppliers do not and cannot warrant the performance or results you may obtain by using the License Materials.
You assume full responsibility for the selection of the Licensed Materials to achieve your intended results, for the selection and purchase of any equipment necessary to use the Licensed Materials and for the installation, use and results obtained from the Licensed Materials. You are responsible for taking precautionary measures to prevent the loss or destruction of your data and databases such as, for example, making regular backups and verifying the results obtained from using the Licensed Materials, and the Company, and its suppliers, shall have no liability whatsoever for any such loss or destruction. Some states, provinces or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the fullest extent permissible, any implied warranties determined to exist are limited to thirty (30) days.
8. Limitation of Liability.
(a) For any breach or default by the Company on any of the provisions of this agreement, or with respect to any claim arising from or related to this agreement or the licensed materials, the Company’s entire liability for the customer’s direct, provable damages shall in no event exceed the amount paid for the licensed materials that are subject of the claim, and in the aggregate with respect to all claims under or related to this agreement, the amount paid for the licensed materials.
(b) To the fullest extent permitted by applicable law, in no event will the Company or its suppliers, licensors and distributors be liable for any consequential, indirect, incidental, punitive, or special damages whatsoever, including without limitation, any lost profits, lost savings, lost business, lost data or any other loss suffered or incurred by you or any third party arising from or in connection with the use of the licensed materials or the Company’s termination or this agreement in accordance with the terms hereof, even if a representative of POSsimplicity, or any of its suppliers, licensors or distributors has been advised of the possibility of such damages, or for any claim by any third party. The Company or its suppliers will not have any liability for any untrue statement or representation made by their agents or anyone else upon which you relied upon entering into this agreement.
(c) The limitations, exclusions and disclaimers in this agreement shall apply irrespective of the nature of the cause of action, demand or claim, including but not limited to breach of contract, negligence, tort, strict liability or any other legal theory and shall survive a fundamental breach or breaches or the failure of the essential purpose of this agreement or any remedy herein.
(d) The aforesaid limitation liability shall not be construed as limited to defects in the Licensed Materials, but shall also apply to all defects/mistakes in: (1) preset data programmed by the Company; and (2) defects in Documentation. Under no circumstances shall the Company be liable for any damages resulting from failure of the Software to comply with specifications of any local governmental authority. You shall be responsible for determining the applicability of any local laws or regulations in any specific country with respect to use of the Software and shall also inform the Company prior to your acceptance of this Agreement of any such laws or regulations. Any additional costs associated with compliance with such laws or regulations shall be borne by you.
Without limiting any rights or remedies available to it at law or in equity, upon providing you with written notice the Company may terminate this Agreement in the event of your breach of this Agreement, including, but not limited to, your failure to pay Annual Software Maintenance Fees, and in such instances when, in the Company’s sole judgment, a cure can be effected, your failure to cure such breach within ten (10) days of written notice thereof. Upon termination you shall cease all use of the Licensed Materials, and return or permanently destroy all copies of the Licensed Materials. Upon the Company’s request, you shall certify in writing that the Licensed Materials and all copies thereof have been returned or permanently destroyed.
10. Governing Law.
This Agreement shall be construed and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein and treated in all respects as an Ontario contract. You hereby agree to submit to the exclusive jurisdiction and venue of the courts of the Province of Ontario for the purposes of adjudicating any dispute or action arising out of or in connection with this Agreement. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
11. Export Restrictions.
You agree that you will not export or re-export the Software except as authorized by Canadian law and the laws of the jurisdiction in which the Software was obtained.
12. Compliance with Licenses.
You agree that upon request of the Company or the Company's representative, you will within thirty (30) days fully document and provide an officer’s certificate that your use of any and all Licensed Materials at the time of the request is in conformity with your valid licenses from the Company.
13. Applicability of License.
The terms and conditions of this Agreement shall apply to all Licensed Materials ordered by and delivered to you or your representatives as well as all Updates or subsequent license purchases unless superseded by a license agreement bearing a later date. If you are purchasing licenses for multiple site locations, the terms and conditions of this Agreement shall apply to the installation locations identified in your sales agreement.
14. Installation by Agent or other Third Party.
If you are downloading or installing the Software on behalf of another person or entity, you hereby represent and warrant that you have the authority to bind the party or entity for which you are performing the download or installation to the terms and conditions of this Agreement. If you do not have such authority, you may not download or install the Software.
15. General Provisions.
This Agreement shall automatically terminate upon failure by you to comply with its terms, in which event you must destroy all copies of the Licensed Materials. This Agreement may only be modified by way of a written document duly signed by an authorized officer of the Company. If any provision of this Agreement is deemed invalid or unenforceable by any court having competent jurisdiction, that particular provision will be deemed modified to the extent necessary to make the provision valid and enforceable, and the remaining provisions will remain in full force and effect. This Agreement shall be binding upon, and shall ensure to the benefit of, the parties hereto and their agents, successors and permitted assigns.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. YOU ALSO AGREE THAT THE THIS AGREEMENT AND THE LIMITED WARRANTY ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDE ALL PROPOSALS OR PRIOR AGREEMENTS ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THE LICENSE OR THE LIMITED WARRANTY.