End-User License Agreement

Company: PROFILE SYSTEMS DESIGN GROUP, INC. (PSDG) Software: TransActPOS This product is licensed under US and International Copyright and other Intellectual Property laws. Specific copyright notices are listed in the product About box. IMPORTANT-READ CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND PROFILE SYSTEMS DESIGN GROUP, INC. FOR THE SOFTWARE PRODUCT IDENTIFIED ABOVE, WHICH INCLUDES COMPUTER SOFTWARE AND RELATED DOCUMENTATION. BY CLICKING ON THE "ACCEPT" BUTTON BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, PSDG IS UNWILLING TO GRANT YOU THIS LICENSE AND YOU SHOULD CLICK ON THE "NO" BUTTON, IN WHICH CASE: (1) IF YOU RECEIVED THIS SOFTWARE ON CD-ROM, WITHIN THIRTY (30) DAYS OF PURCHASE, YOU MAY RETURN THE UNUSED SOFTWARE PRODUCT TO THE LOCATION WHERE YOU OBTAINED IT FOR A REFUND, WHICH MAY BE SUBJECT TO A RESTOCKING FEE; OR (2) IF YOU RECEIVED THIS SOFTWARE VIA DOWNLOAD FROM AN INTERNET WEB SITE, THEN YOU MUST DELETE ALL OF THE DOWNLOADED FILES AND YOU MAY OBTAIN A REFUND IN ACCORDANCE WITH THE REFUND POLICY OF SUCH INTERNET WEB SITE.

SCOPE OF LICENSE THIS LICENSE GRANTS YOU THE FOLLOWING RIGHTS: You may: Use the Software on a single computer (and store the Software on a disk drive accessible only by that computer) or on a single networked group of computers which share a common disk drive on which the Software is stored, provided that: The Software is stored only on that shared disk drive and is not also stored on a disk drive independent of the disk drive shared by the networked computers, and The Software is operated only on currently supported Microsoft Windows operating systems which licensee fees were paid; Make one (1) copy of the Software solely for backup purposes, provided that You reproduce all proprietary notices on the copy; Regardless of where the Software is installed, You may not permit the use of or access to the Software via: Distributing the Software, portions or derivative products thereof, including source or object code; Using more than the number of copies of Software licensed and paid for; Renting, leasing, lending, transferring or sub-licensing the Product except as allowed below; or Removing any proprietary notices, labels or marks. This license is not a sale. Title, ownership, proprietary and intellectual property rights to the Product, portions and derivative products, accompanying materials and any copies made by You remain the property of PSDG.

TRANSFER You may transfer the Product to a third party only if such party agrees in writing to these terms and conditions, and only after the prior written consent of PSDG, to be granted at PSDG’s sole discretion. You may be charged a license transfer fee by PSDG. Upon transfer, the license granted to You automatically terminates and You shall transfer or destroy all copies of the Product, including portions, derivative products, and compilations thereof. Transfer of the Product to third parties shall not extend any warranties granted herein.

TERMINATION Unauthorized use, copying or transfer of the Software, or portions or derivative products, or the accompanying materials, or failure to comply with the above restrictions will result in automatic termination of this license and will make available to PSDG other legal remedies. Upon termination of this license, You will destroy or return to PSDG the Product and all portions, copies and derivative products thereof. LIMITED WARRANTY AND DISCLAIMER EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN, THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS" AND PSDG MAKES NO OTHER WARRANTY, REPRESENTATION, OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. PSDG WARRANTS THAT THE PRODUCT WILL OPERATE IN SUBSTANTIAL CONFORMITY WITH THE DOCUMENTATION PROVIDED BY PSDG FOR A PERIOD OF NINETY (90) DAYS AFTER THE DATE OF DELIVERY OF THE PRODUCT TO YOU. PSDG DISCLAIMS ALL OTHER WARRANTIES, EITHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ABOVE WARRANTY DOES NOT APPLY TO, AND PSDG DISCLAIMS ANY AND ALL WARRANTIES RELATED TO AND LIABILITY ARISING OUT OF, ANY THIRD PARTY SOFTWARE WHICH MAY BE BUNDLED OR INCLUDED WITH THE PRODUCT AND/OR INTEGRATED INTO THE PRODUCT. PSDG MAKES NO WARRANTY THAT THE SOFTWARE IS ERROR FREE, THAT ALL ERRORS IN THE SOFTWARE WILL BE CORRECTED, THAT THE SOFTWARE WILL OPERATE IN CONJUNCTION WITH ANY OTHER PROGRAMS OR THAT THE SOFTWARE'S FUNCTIONALITY WILL MEET YOUR REQUIREMENTS.

The duration of any implied warranties is limited to the period stated above. However, some jurisdictions do not allow limitations on how long an implied warranty lasts so the above limitation may not apply to You. PSDG’s entire liability and the exclusive remedy available to You is: Subject to adequate proof of license and registration, Limited to the repair or replacement of the defective Product, or The refund of the license fees paid and termination of this Agreement if PSDG is reasonably unable to repair or replace the Product Notwithstanding the foregoing, PSDG’s warranty obligations as set forth herein are expressly contingent upon You: Notifying PSDG of a warranty claim within thirty (30) days after having actual or constructive knowledge of the same if your product does not have a current Maintenance Plan in place; Providing sufficient detail of the facts associated with a warranty claim in writing so as to allow PSDG to reasonably reproduce any alleged defects and errors in the Product, or demonstrate to PSDG such defect or error; Providing PSDG with sufficient information in order to verify that any error or defect is solely attributable to the Product; and Agreeing that any corrections to the Product may be performed by PSDG at your location, and You bearing the costs associated with any travel incurred by PSDG. This warranty gives You specific legal rights, however, You may also have other rights that vary from jurisdiction to jurisdiction. PSDG reserves the right, without notice, to supersede versions of Products with newer versions, which may add, modify, or eliminate functionality of earlier versions. Such newer versions may be provided by PSDG as warranty replacements.

LIMITATION OF LIABILITY IN NO EVENT SHALL PSDG BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOST PROFITS, LOST GOODWILL, COST OF COVER OR OTHER SPECIAL OR INDIRECT DAMAGES ARISING FROM THE USE OF THE PRODUCT, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT OR TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND INDEPENDENT OF ANY FAILURE OF ESSENTIAL PURPOSE OF THE LIMITED WARRANTY AND REMEDIES PROVIDED HEREIN. THIS DISCLAIMER SHALL APPLY WHETHER OR NOT PSDG HAS BEEN APPRISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PSDG'S AGGREGATE LIABILITY FOR DAMAGES IN CONNECTION WITH THIS AGREEMENT EXCEED THE PAYMENTS PREVIOUSLY MADE TO PSDG BY YOU FOR THE PRODUCT. The parties acknowledge that the limitations set forth in this Agreement are integral to the amount of fees levied in connection with this Agreement and that, were PSDG to assume any further liability other than as set forth herein, such fees would be set substantially higher. Some jurisdictions do not allow limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you.

GENERAL Any Authorized PSDG Reseller is not affiliated with PSDG in any capacity other than as a distributor of PSDG's products and has no authority to bind PSDG or modify any license or warranty. PSDG makes no representations, warranty, endorsement or guarantee with respect to the skills or qualifications of any PSDG Authorized Reseller. You are encouraged to independently investigate the skills and qualifications of any PSDG Authorized Reseller with whom You associate.

DISPUTE RESOLUTION No action concerning, related to, or arising out of this Agreement or any breach of or default under this Agreement, may be commenced more than one (1) year after the occurrence of any such breach or default. This Agreement shall be governed in all respects by the law of Kentucky without regard to its conflicts of laws rules. Notwithstanding the foregoing: any claim challenging the validity of either of the parties' confidential information, proprietary technology, intellectual property or any dispute arising out of or relating to this Agreement shall be determined by a court located in Hopkins County if in State court and in Jefferson County if in Federal court, to whose jurisdiction the parties hereby consent; and either party may seek injunctive or other equitable relief in any court of competent jurisdiction. In any court action, the prevailing party shall be entitled to reasonable attorneys' fees and costs. If any provision of this Agreement is held to be unenforceable, the remainder of this Agreement shall continue in full force and effect.

LICENSE GRANT Subject to the terms and conditions of this Agreement, Profile Systems Design Group, Inc., a Kentucky corporation whose address is 47 West North Street, Madisonville, KY 42431 ("PSDG") hereby grants to you a personal, non-exclusive, non-transferable license (a "License") to use the software product identified above (the "Software") and the accompanying printed materials (the "Documentation") on the terms set forth below. PSDG reserves all rights to the Software and Documentation not expressly granted to you. This Agreement is the entire agreement between You and PSDG and supersedes any other communications with respect to the Product and this subject matter.

Profile Systems Design Group, Inc. Copyright 2012-2021