PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THIS SOFTWARE. BY USING THIS SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE RETURN THE DATACAP SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND.
License. The software and documentation accompanying this License whether on disk, in read only memory, on any other media or in any other form (the “Datacap Software”) are licensed to you by Datacap Systems, Inc. (“Datacap”). Datacap retains title to the Datacap Software. The Datacap Software named NETePay™ 5 and any copies which this License authorizes you to make are subject to this License.
Permitted Uses and Restrictions. This License allows you to install and use the Datacap Software on one computer. You may make one copy only of the Datacap Software in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original. This License permits the use of the Datacap Software to process transactions from multiple workstations up to the exact number of workstations, lanes, clients or point of service terminals authorized at the time of purchase of the Datacap Software. Except as expressly permitted in this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute or create derivative works based upon the Datacap Software in whole or part or transmit the Datacap Software over a network. You may not transfer your rights under this license to a third party, regardless of whether they accept the terms of this License. Your rights under this License will terminate automatically without notice from Datacap if you fail to comply with any term(s) of this License. In the event that your license is terminated, you must destroy all copies of the software and return all original machine-readable media and printed materials to Datacap within 10 days of termination.
Disclaimer of Warranty on Datacap Software. You expressly acknowledge and agree that use of the Datacap Software is at your sole risk. The Datacap Software is provided “AS IS” and without warranty of any kind and Datacap EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. DATACAP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE DATACAP SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE DATACAP SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE DATACAP SOFTWARE WILL BE CORRECTED. FURTHERMORE, DATACAP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE DATACAP SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DATACAP OR AN DATACAP AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE DATACAP SOFTWARE PROVE DEFECTIVE, YOU (AND NOT DATACAP OR A DATACAP AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING DATACAP PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY DATACAP’S NEGLIGENCE.
Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL DATACAP BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Datacap’s total liability to you for all damages exceed the amount of fifty dollars ($50.00).
Export Law Assurances. You may not use or otherwise export or re-export the Datacap Software except as authorized by United States law and the laws of the jurisdiction in which the Datacap Software was obtained. In particular, but without limitation, the Datacap Software may not be exported or re-exported (i) into (or to a national or resident of) any U.S. embargoed country or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders. By using the Datacap Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
Controlling Law and Severability. This License shall be governed by the laws of the United States and the State of Pennsylvania. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Datacap Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Datacap.
Datacap Systems, Inc.
100 New Britain Boulevard
Chalfont, Pennsylvania 18914 USA