Xtensions e-Salon Manager(TM) License Agreement
1. ATTENTION! Important: Carefully read the following terms and conditions. By installing this Software, you (the "Licensee") are consenting to the terms of this agreement and accepting that they will be legally binding on you and any end user who may obtain this Software through you or your company. If you do not agree with the terms of this agreement, or do not wish them to be binding on you and your company, do not install the Software and promptly return the package and its contents together with proof of payment for a refund.
Throughout this document, "Software" refers to items written by Alphatask Ltd. (the "Licenser"), including, but not limited to, Xtensions e-Salon Manager support software, Xtensions e-Salon Manager documentation, and/or all other files included in the Xtensions e-Salon Manager total software package.
2. LICENSE. In consideration of payment of a license fee as part of the purchase price of this product, you may:
* use the Software on any single computer;
* use the Software on a network, provided that each computer accessing the Software through the network has a licensed Software copy or an authorised network multi-user license;
* use the Software on a second computer when the primary shop computer is not being used; and/or
* copy the Software for archival purposes only, provided the copy contains all the original Software’s proprietary notices.
Rights not expressly granted by this section are reserved to Alphatask Ltd.
3. RESTRICTIONS ON USE. You may not:
* permit other individuals to use the Software except under the terms listed above;
* permit concurrent multi-computer use of the Software except with a multi-user license;
* modify, translate, reverse engineer, de-compile, disassemble (except to the extent applicable laws specifically prohibit such restriction) or create derivative works based on the Software;
* copy the Software other than as specified above;
* rent, lease, grant a security interest in or otherwise transfer rights to the Software; nor
* remove any proprietary notices or labels on the Software or its output.
4. OWNERSHIP. Title, ownership rights, and intellectual property rights in the Software shall remain in Alphatask Ltd. The Software is protected by copyright laws and treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and may be protected by law. This license gives you no rights to such content. The Licensee owns the disk on which the Software is recorded, while Alphatask Ltd. retains ownership of the Software program and all copies of the Software.
5. TERM. The license is effective until terminated. You may terminate the license at any time by destroying the Software and all copies and documentation. The license will terminate automatically if you fail to comply with the limitations described in this agreement. For example, if any modifications are made to the Software by the user or the media is subjected to accident, abuse or improper use, the terms of this agreement are violated and this license shall be terminated immediately. Upon termination, you agree to destroy the Software and all copies and documentation.
6. LIMITED WARRANTY. Alphatask Ltd. warrants the original disks or CDs on which the Software is furnished to be free from defects for 30 days from date of delivery. This limited warranty does not apply to downloaded Software and is the only warranty made by Alphatask Ltd. This time limitation may not apply in some jurisdictions.
No dealer, agent or employee of Alphatask Ltd. is authorised to make any modifications, extensions or additions to this warranty. This warranty shall not apply to hardware or Software other than the unmodified version of hardware and Software as described in the documentation. If any modifications are made to the Software by the user, or the media is subjected to accident, abuse or improper use, the terms of this agreement are violated and this warranty shall be terminated immediately.
If the software does not perform substantially in accordance with the Xtensions e-Salon Manager(TM) documentation, the entire liability of Alphatask Ltd. and your exclusive remedy shall be limited to either, at the Licenser’s option, replacement of the Software or refund of the amount you paid for the Software.
7. DISCLAIMER. THE FOREGOING LIMITED WARRANTY STATES THE SOLE AND EXCLUSIVE REMEDIES FOR THE LICENSER’S OR ITS SUPPLIERS’ BREACH OF WARRANTY. ALPHATASK LTD. AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, THE LICENSER AND ITS SUPPLIERS MAKE NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO ANY OTHER MATTERS, INCLUDING NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR MERCHANTABILITY, FITNESS OR SATISFACTORY QUALITY FOR ANY PARTICULAR PURPOSE. THE TERMS OF THIS SECTION SURVIVE THE TERMINATION OF THIS AGREEMENT IRRESPECTIVE OF THE CAUSE OF THE TERMINATION, BUT DO NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THE AGREEMENT.
8. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE SHALL ALPHATASK LTD. OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL ALPHATASK LTD. BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT ALPHATASK LTD. RECEIVED FROM YOU FOR A LICENSE TO USE THE SOFTWARE, EVEN IF ALPHATASK LTD. SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. ALPHATASK LTD. AND ALL OTHER PARTIES INVOLVED IN THE DEVELOPMENT OF THE SOFTWARE ARE NOT RESPONSIBLE FOR ANY ERRORS, AND/OR FINANCIAL LOSSES, AND/OR PROBLEMS, AND/OR LOSS OF CLIENTS, AND/OR LOSS OF INFORMATION AND/OR DIFFICULTIES THE USERS OF THE SOFTWARE MAY EXPERIENCE AS A RESULT OF ITS USE. ALL CALCULATIONS THE SOFTWARE PERFORMS (INCLUDING, BUT NOT LIMITED TO CALCULATIONS RELATING TO TICKET/SALES INFORMATION, AND/OR TAXES, AND/OR PAYROLL, AND/OR CLIENTS, AND/OR TOTALS, AND/OR SERVICES, AND/OR PRODUCTS, AND/OR MAILINGS, AND/OR COUPONS, AND/OR ORDERS, AND/OR PICTURES, AND/OR GIFT CERTIFICATES, AND/OR REPORTS, AND/OR TAX FILINGS INCLUDING, BUT NOT LIMITED TO, W2 AND 1099 FILINGS) ARE FOR REFERENCE ONLY. ALL CALCULATIONS SHOULD BE PERFORMED AND VERIFIED BY MEANS INDEPENDENT OF THE SOFTWARE.
The Licensee assumes full responsibility for the selection and suitability of the Software, for its installation and use, and for the results obtained from the Software program. IMPORTANT: THE LICENSEE ALSO ASSUMES FULL RESPONSIBILITY FOR MAKING "BACKUP" COPIES OF ALL CLIENT DATABASE FILES DEVELOPED WITH THE AID OF THE SOFTWARE. ALPHATASK LTD STRONGLY ADVISES LICENSEES TO BACK UP THEIR DATABASE FILES PERIODICALLY AS APPROPRIATE AND NOT LESS FREQUENTLY THAN ONCE A DAY. The Licenser is not responsible for any loss of database files of a Licensee.
9. PRODUCT SUPPORT. Although Alphatask Ltd. intends to provide advisory support to customers following purchase of the Xtensions e-Salon Manager(TM) license and disk, the Licenser is not obligated to provide such support and customers and/or any other users of the Software are not guaranteed such support. The support policies and practices of Alphatask Ltd. are subject to change without notice or obligation. The Licensee is solely responsible for applying to its activities any customer support information provided by the Licenser and for any consequences thereof.
10. GOVERNING LAW. This license agreement, including its Limited Warranty provisions, shall be governed by British laws. All disputes arising under this agreement shall be resolved in the applicable courts of Britain . The parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defences otherwise available.
11. INTEGRATION. This agreement constitutes the entire understanding of the parties and is intended as the final expression of their agreement.