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License Agreement
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.
Throughout this document, "Software" refers to items written by CMJ Designs, Inc. (the "Licensor"), including, but not limited to, Salon Iris® support software, Salon Iris® documentation, and/or all other files included in the Salon Iris® total software package.
1. CONSENT FOR INTERNET-BASED SERVICES. CMJ Designs, Inc. may offer Internet-based services that may be used in conjunction with the Software. CMJ Designs, Inc. may change or cancel these services at any time. If you use the on-line process to activate the Software, or if you use an Internet-based service offered by CMJ Designs, Inc., the software automatically contacts a CMJ Designs server over the Internet, and transmits certain information about your computer without separate notice to you. CMJ Designs, Inc. does not obtain personally identifiable information from your computer other than any personal information you specifically enter as part of your usage of the Internet-based service and the Software’s serial number. By using this Software, you consent to the transmission of this information.
2. LICENSE. In consideration of payment of a license fee as part of the purchase price of this product and while in compliance with the terms and conditions of this license agreement, Licensor grants to Licensee a non-exclusive and non-transferable license to use the Software for Licensee’s internal business purposes with the specific rights to:
·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 authorized 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 CMJ Designs, Inc.
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;
·make error corrections to or otherwise modify or adapt the Software or create derivative works based upon the Software, or permit third parties to do the same;
·copy the Software other than as specified above;
·assign the license rights granted above to any other person or entity except with the prior written consent of Licensor and in accordance with Licensor’s requirements as provided in the Licensor’s Transfer of Ownership form.;
·rent, lease, sublicense, 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 CMJ Designs, Inc. 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 CMJ Designs Inc. 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. CMJ Designs, Inc. 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 CMJ Designs, Inc. This time limitation may not apply in some jurisdictions.
No dealer, agent or employee of CMJ Designs, Inc. is authorized 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 Salon Iris® documentation, the entire liability of CMJ Designs, Inc. and your exclusive remedy shall be limited to either, at the Licensor’s option, replacement of the Software or refund of the amount you paid for the Software. If the Software was purchased in conjunction with hardware from CMJ Designs, Inc., any such hardware is sold with the manufacturer's limited warranty. The warranty period and service varies by manufacturer and product. The return policy applicable to hardware purchased from CMJ Designs, Inc. is available on the following website: <http://www.saloniris.com/support/policies.htm> . CMJ Designs, Inc. warrants that the Software is compatible only when used on hardware and hardware support items (including cables, connectors, interfaces, and adaptors) purchased from CMJ Designs Inc. or that meets the specifications provided by CMJ Designs, Inc. on its website, using the manufacturer's drivers or direct (serial) connection while Windows is operating in the following default regional setting: "English (US)".
7. DISCLAIMER. THE FOREGOING LIMITED WARRANTY STATES THE SOLE AND EXCLUSIVE REMEDIES FOR THE LICENSOR’S OR ITS SUPPLIERS’ BREACH OF WARRANTY. CMJ DESIGNS, INC. 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 LICENSOR 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 CMJ DESIGNS, INC. 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 CMJ DESIGNS, INC. BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT CMJ DESIGNS, INC. RECEIVED FROM YOU FOR A LICENSE TO USE THE SOFTWARE, EVEN IF CMJ DESIGNS, INC. SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. CMJ DESIGNS, INC. 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. CMJ DESIGNS, INC. STRONGLY ADVISES LICENSEES TO BACK UP THEIR DATABASE FILES PERIODICALLY AS APPROPRIATE AND NOT LESS FREQUENTLY THAN ONCE A DAY. The Licensor is not responsible for any loss of database files of a Licensee.
9. PRODUCT SUPPORT. Although CMJ Designs, Inc. intends to provide advisory support to customers following purchase of the Salon Iris® license and disk, the Licensor is not obligated to provide such support and customers and/or any other users of the Software are not guaranteed such support. Any sales and support offered by CMJ Designs will be provided in the English language. The support policies and practices of CMJ Designs, Inc. 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 Licensor and for any consequences thereof.
a) Language and Regional Settings Support. For proper functionality, the Windows Operating System setting must be set to "English (US)" default regional setting only. Although CMJ Designs, Inc has tested the Software in many other settings, it is not able to provide full support unless the Windows Operating System has been configured to the setting noted above.
b) HARDWARE SUPPORT. Compatibility with hardware is warranted only with hardware sold by CMJ Designs, Inc. or that meets the hardware specifications listed on the CMJ Designs, Inc. website using the manufacturer's drivers or direct (serial) connection while Windows is operating in the regional setting described in the "Language and Regional Settings Support" section listed above. Current hardware and hardware support items available from CMJ Designs, Inc. are listed on the hardware page of the CMJ Designs, website at www.saloniris.com <http://www.saloniris.com>. For any other hardware or hardware support items CMJ Designs, Inc. will endeavor to provide basic setup information; however, compatibility of the Software with that hardware is not covered by the Software Limited Warranty.
In the event that Licensor provides technical support including training or troubleshooting through its help desk or by means of a remote access program such as “Log Me In” or other facility, Licensor does not warrant that such support will resolve Licensee’s problem or be error free. If Licensee allows Licensor to remotely access Licensee’s system to provide such technical support, Licensee agrees to release, indemnify and hold Licensor harmless from any and all liability or damage to Licensee’s computer, system or software, including any loss of or changes to Licensee’s files or data regardless of the cause. Licensee shall be solely responsible for the accuracy and correctness of any changes to files or data made by Licensor at Licensee’s request.
10. GOVERNING LAW. This license agreement, including its Limited Warranty provisions, shall be governed by the laws of the State of Michigan. All disputes arising under this agreement shall be resolved in the applicable state or federal courts of Michigan. The parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available.
11. Export Controls. You may not export or re-export the Software to any country prohibited by the United States Export Administration Act, or by other similar restrictions or regulations.
12. INTEGRATION. This agreement constitutes the entire understanding of the parties and is intended as the final expression of their agreement.
Rev. 10.30.07
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