POS Pizza v7 END-USER LICENSE AGREEMENT FOR POS PIZZA SOFTWARE IMPORTANT-READ CAREFULLY: This End-User License Agreement ('EULA') is a legal agreement between you (either an individual or a single entity) and Summit Computer Networks, Inc. (A Delaware Corporation). By installing, copying, downloading, accessing or otherwise using this SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, The Manufacturer is unwilling to license the SOFTWARE PRODUCT to you. In such event, you may not use or copy the SOFTWARE PRODUCT. SOFTWARE PRODUCT LICENSE The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. The term 'COMPUTER' as used herein shall mean the HARDWARE, if the HARDWARE is a single computer system, or shall mean the computer system with which the HARDWARE operates, if the HARDWARE is a computer system component. 1. GRANT OF LICENSE. This EULA grants you the following rights: (a) Software Installation and Use. You may only install and use one copy of the SOFTWARE PRODUCT on the COMPUTER. (b) Storage/Network Use. The SOFTWARE PRODUCT may be installed on a network system provided that it has been licensed in that manor and is the [CS] version of the software. All other versions are restricted to a single NON-NETWORKED computer. (c) Backup Copy. You may make as many backup copies as are needed provided that they are exclusively for your use. Backup copies may not be distributed to other individuals or used on other COMPUTERs. (d) Other Copies. You may NOT make copies of this software for any other purpose. 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. (a) Limitations on Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. (b) Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer. (c) Rental. You may not rent, lease or lend the SOFTWARE PRODUCT. (d) Software Product Transfer. You may permanently transfer all of your rights under this EULA only as part of a permanent sale, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA and, you are the original purchaser of the SOFTWARE PRODUCT, and the recipient agrees to the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade, any transfer must also include all prior versions of the SOFTWARE PRODUCT. Transfers of Licesne can only be done ONE time and only by the ORIGINAL PURCHASER. (e) Termination. Without prejudice to any other rights, Summit Computer Networks, Inc. may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such an event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts. 3. UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by Manufacturer as being eligible for the upgrade in order to use the SOFTWARE PRODUCT ('Eligible Product'). 4. COPYRIGHT. All title and intellectual property rights in and to the SOFTWARE PRODUCT, the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by Summit Computer Networks, Inc. 5. DUAL-MEDIA SOFTWARE PRODUCT. You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for the COMPUTER. You may not use or install the other medium on another computer. You may not loan, rent, lease, lend or otherwise transfer the other medium to another user, except as part of the permanent transfer or Other Copies sections (as provided above) of the SOFTWARE PRODUCT. 6. PRODUCT SUPPORT. Product support for the SOFTWARE PRODUCT is provided by Summit Computer Networks, Inc. for aditional charges. 7. EXPORT RESTRICTIONS. You agree that you will not export or re-export the SOFTWARE PRODUCT to any country, person, or entity subject to U.S. export restrictions. You specifically agree not to export or re-export the SOFTWARE PRODUCT: (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, which as of March 1998 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 products back to such country; (ii) to any person or entity who you know or have reason to know will utilize the SOFTWARE PRODUCT or portion thereof 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. If SOFTWARE PRODUCT is labeled 'North America Only Version' above, on the Product Identification Card, or on the SOFTWARE PRODUCT packaging or other written materials, then the following applies: The SOFTWARE PRODUCT is intended for distribution only in the United States, its territories and possessions (including Puerto Rico, Guam, and U.S. Virgin Islands) and Canada. Export of the SOFTWARE PRODUCT from the United States is regulated under 'EI controls' of the Export Administration Regulations (EAR, 15 CFR 730-744) of the U.S. Commerce Department, Bureau of Export Administration (BXA). A license is required to export the SOFTWARE PRODUCT outside the United States or Canada. You agree that you will not directly or indirectly, export or re-export the SOFTWARE PRODUCT (or portions thereof) to any country, other than Canada, or to any person or entity subject to U.S. export restrictions without first obtaining a Commerce Department export license. You warrant and represent that neither the BXA nor any other U.S. federal agency has suspended, revoked or denied your export privileges. APPENDIX (Warranties) WARRANTY AND SPECIAL PROVISIONS FOR THE UNITED STATES OF AMERICA LIMITED WARRANTY. Manufacturer warrants that (a) the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt. Any implied warranties on the SOFTWARE are limited to ninety (90) days. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. CUSTOMER REMEDIES. Manufacturer's and its suppliers' entire liability and your exclusive remedy shall be, at Manufacturer's option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE that does not meet this Limited Warranty and which is returned to Manufacturer with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, Manufacturer and its suppliers disclaim all other warranties, either express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to the SOFTWARE, the accompanying written materials, and any accompanying hardware. This limited warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall Manufacturer or its suppliers be liable for any damages whatsoever (including without limitation, special, incidental, consequential, or indirect damages for personal injury, loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if Manufacturer has been advised of the possibility of such damages. In any case, Manufacturer's and its suppliers' entire liability under any provision of this agreement shall be limited to the amount actually paid by you for the SOFTWARE. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.