END USER LICENSE AGREEMENT FOR INSIGHT RETAIL SOFTWARE
IMPORTANT-READ CAREFULLY: Be sure to carefully read and understand all of the rights and
restrictions described in this Insight Retail Software End-User License Agreement ("EULA"). You
will be asked to review and either accept or not accept the terms of the EULA. This software will
not install on your computer unless or until you accept the terms of this EULA.
Your click of the "yes" button, or entering the software, is a symbol of your signature that you
accept the terms of the EULA. For your reference, you may refer to the copy of this EULA that can
be found in the Help for this SOFTWARE. You may also receive a copy of this EULA by contacting
Insight Retail Software, Inc. or write: Insight Retail Software, Inc. Sales Information 3 Buckingham
Court, Clifton Park, NY 12065
This EULA is a legal agreement between you (either an individual or a single entity) and Insight
Retail Software, Inc. for the Insight Software accompanying this EULA, which includes the
accompanying computer software, associated media, printed materials and "online" or electronic
documentation ("SOFTWARE"). By installing the SOFTWARE, you agree to be bound by the terms
of this EULA. If you do not agree to the terms of this EULA, you may not install or use the
SOFTWARE.
Once the software is installed or entered thereby accepting this agreement, NO REFUNDS of any
monies paid to Insight Retail Software Inc. for the software or related services will be granted.
SOFTWARE PRODUCT LICENSE
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other
intellectual property laws and treaties. The SOFTWARE is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following rights:
* Software. You may install, use, access, display, run, or otherwise interact with ("RUN") one
copy of the SOFTWARE, on a single computer, workstation, terminal, handheld PC, pager, "smart
phone," or other digital electronic device ("COMPUTER").
* Storage/Network Use. You may also store or install a copy of the SOFTWARE on a storage
device, such as a network server, used only to RUN the SOFTWARE on your other COMPUTERS
over an internal network; however, you must acquire and dedicate a license for each separate
COMPUTER on which the SOFTWARE is RUN from the storage device. A license for the
SOFTWARE may not be shared or used concurrently on different COMPUTERS.
* Reservation of Rights. All rights not expressly granted are reserved by Insight Retail Software,
Inc.
* Accessing Services Using the SOFTWARE. Your use of any service accessible using the
SOFTWARE is not covered by this EULA and may be governed by separate terms of use,
conditions or notices.
2. RESTRICTIONS.
* You must maintain all copyright notices on all copies of the SOFTWARE.
* Limitations of Reverse Engineering, Decompilation and Disassembly. You may not reverse
engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such
activity is permitted by applicable law notwithstanding this limitation.
* Rental. You may not rent or lease or lend the SOFTWARE.
* Software Transfer. You may permanently transfer all of your rights under this EULA one time,
provided you retain no copies, you transfer all of the SOFTWARE (including all component parts,
the media and printed materials, any upgrades, this EULA and, if applicable, the Certificate of
Authenticity), you do not receive any payment or other compensation for transferring the
SOFTWARE and the recipient agrees to the terms of this EULA. If the SOFTWARE portion is an
upgrade, any transfer must include all prior versions of the SOFTWARE.
* Support Services. Insight Retail Software, Inc. may provide you with support services related to
the SOFTWARE ("Support Services"), in its discretion. Use of Support Services, if any, is governed
by the Insight Retail Software, Inc. policies and programs described in Insight Retail
Software-provided materials. Any supplemental software code provided to you as a part of Support
Services shall be considered part of the SOFTWARE and subject to the terms of this EULA. With
respect to technical information you provide to Insight Retail Software, Inc. as part of the Support
Services, Insight Retail Software, Inc. may use such information for its business purposes, including
for product support and development. Insight Retail Software, Inc. will not utilize such technical
information in a form that personally identifies you except to the extent necessary to provide you with
support.
* Replacement, Modification and Upgrade of the Software. Insight Retail Software, Inc. reserves
the right to replace, modify or upgrade the SOFTWARE at any time by offering you a replacement or
modified version of the SOFTWARE or such upgrade and to charge for such replacement,
modification or upgrade. Any such replacement or modified software code or upgrade to the
SOFTWARE offered to you by Insight Retail Software, Inc. shall be considered part of the
SOFTWARE and subject to the terms of this EULA (unless this EULA is superceded by a further
EULA accompanying such replacement or modified version of or upgrade to the SOFTWARE).
In the event that Insight Retail Software, Inc. offers a replacement or modified version of or any
upgrade to the SOFTWARE, (a) your continued use of the SOFTWARE is conditioned on your
acceptance of such replacement or modified version of or upgrade to the SOFTWARE and any
accompanying superceding EULA and (b) in the case of the replacement or modified SOFTWARE,
your use of all prior versions of the SOFTWARE is terminated.
3. TERMINATION. Without prejudice to any other rights, Insight Retail Software, Inc. may
terminate this EULA if you fail to comply with the terms and conditions of this EULA. Insight Retail
Software, Inc. may terminate this EULA by offering you a superceding EULA for the SOFTWARE or
any replacement or modified version of or upgrade to the SOFTWARE and conditioning your
continued use of the SOFTWARE or such replacement, modified or upgraded version on your
acceptance of such superceding EULA. In addition, Insight Retail Software, Inc. may terminate this
EULA by notifying you that your continued use of the SOFTWARE is prohibited. In the event that
Insight Retail Software, Inc. terminates this EULA, you must immediately stop using the SOFTWARE
and destroy all copies of the SOFTWARE and all of its component parts.
4. COPYRIGHT. All title and copyrights in and to the SOFTWARE (including but not limited
to any images, photographs, animations, video, audio, music, text and "applets," incorporated into
the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are
owned by Insight Retail Software, Inc. or its suppliers. All title and intellectual property rights in and
to the content which may be accessed through use of the SOFTWARE is the property of the
respective content owner and may be protected by applicable copyright or other intellectual property
laws and treaties. This EULA grants you no rights to use such content. If this SOFTWARE
contains documentation, which is provided only in electronic form, you may print one copy of such
electronic documentation. You may not copy the printed materials accompanying the SOFTWARE.
5. U.S. GOVERNMENT RESTRICTED RIGHTS. All SOFTWARE provided to the U.S.
Government pursuant to solicitations issued on or after December 1, 1995 is provided with the
commercial rights and restrictions described elsewhere herein. All SOFTWARE provided to the U.S.
Government pursuant to solicitations issued prior to December 1, 1995 is provided with
RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR
252.227-7013 (OCT 1988), as applicable.
6. EXPORT RESTRICTIONS. You agree that you will not export or re-export the
SOFTWARE, any part thereof, or any process or service that is the direct product of the
SOFTWARE (the foregoing collectively referred to as the "Restricted Components"), to any country,
person or entity subject to U.S. export restrictions. You specifically agree not to export or re-export
any of the Restricted Components (i) to any country to which the U.S. has embargoed or restricted
the export of goods or services, which currently include, but are not necessarily limited to Cuba, Iran,
Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located,
who intends to transmit or transport the Restricted Components back to such country;
(ii) to any person or entity who you know or have reason to know will utilize the Restricted
Components in the design, development or production of nuclear, chemical or biological weapons;
or (iii) to any person or entity who has been prohibited from participating in U.S. export transactions
by any federal agency of the U.S. government. You warrant and represent that neither the U.S.
Commerce Department, Bureau of Export Administration nor any other U.S. federal agency has
suspended, revoked or denied your export privileges.
7. DISCLAIMER OF WARRANTIES. INSIGHT RETAIL SOFTWARE, INC.AND ITS
SUPPLIERS PROVIDE THE SOFTWARE "AS IS" AND WITH ALL FAULTS, AND HEREBY
DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK
OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. ALSO,
THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF
NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF
THE SOFTWARE IS WITH YOU.
8. EXCLUSION OF ALL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL INSIGHT RETAIL SOFTWARE, INC. OR ITS
SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT,
SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR
LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR
LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF
REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY PECUNIARY OR OTHER LOSS
WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY
TO USE THE SOFTWARE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF INSIGHT RETAIL SOFTWARE, INC.OR ANY SUPPLIER
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF
DAMAGES SHALL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL
PURPOSE.
9. LIMITATION AND RELEASE OF LIABILITY. Insight Retail Software, Inc. has included in
this EULA terms that disclaim all warranties and liability for the SOFTWARE. To the full extent
allowed by law, YOU HEREBY RELEASE INSIGHT RETAIL SOFTWARE, INC. AND ITS
SUPPLIERS FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO ALL CLAIMS
CONCERNING THE SOFTWARE OR ITS USE. If you do not wish to accept the SOFTWARE
under the terms of this EULA, do not install the SOFTWARE. No refund will be made for any
reason.
10. GOVERNING LAW. If you acquired the SOFTWARE in the United States of America,
the laws of the State of New York, U.S.A will apply to this contract. If you acquired this
SOFTWARE outside of the United States of America, then local law may apply.
11. QUESTIONS. Should you have any questions, or if you desire to contact Insight Retail
Software, Inc. for any reason, please contact the Insight Retail Software, Inc. Corporate Office, or
write: Insight Retail Software, Inc. 3 Buckingham Court, Clifton Park, NY 12065