Consignment Software License

Best Consignment Shop Software and accompanying documentation ('software') are protected by the copyright laws and treaties of the United States (U.S.) and other countries. In addition, possession and use of the software are subject to the terms of this software license ('license'). By exercising your rights to make and use copies of the software, you agree to be bound by the terms of this license. The software is licensed to you, not sold.

License. Subject to the terms and conditions of this license, Best Consignment Shop Software grants to you a non-exclusive, non-transferable right to use the software on a single computer. You may not redistribute this software. Use of any software programs accompanied by a separate license agreement shall be governed by that separate license agreement.

License Restrictions. Best Consignment Shop Software reserves all rights not expressly granted to you. Without limiting the generality of the foregoing, you may not: (1) reverse engineer, decompile, or disassemble the software except and only to the extent it is expressly permitted by applicable law; or, (2) rent, timeshare or lease the software unless expressly authorized by Best Consignment Shop Software in writing.

Ownership. No title to or ownership of the software or the media on which the software is contained is transferred to you. Best Consignment Shop Software, or the licensor through which Best Consignment Shop Software obtained the rights to distribute the software, owns and retains all title and ownership of all intellectual property rights in the software, including any adaptations or copies of the software. Only the license is purchased by you.

General Terms

This license becomes effective on the date you legally acquire the software and will remain in force until terminated. This license shall automatically terminate if you breach any of its terms. You may terminate this license at any time by destroying the original and all copies of the software. Upon termination of this license, you must destroy the original and all copies of the software or return them to Best Consignment Shop Software.

Transfer. This license may not be transferred or assigned without the prior written approval of Best Consignment Shop Software.

Governing Law. This license shall be governed and construed in accordance with the laws of the state of Tennessee, U.S., without regard to laws governing conflict of laws and will be treated as though executed in the state of Tennessee. Any action relating to this license shall be prosecuted in the courts of competent jurisdiction of the state of Tennessee.

Large Account Customers. If you received the software under a master license agreement, corporate license agreement, or other Best Consignment Shop Software large account agreement, then the limited warranty and the license rights and restrictions in this license apply to your use of the software. In the case of any conflict between the terms of this license and those of your large account agreement, this license shall prevail.

Support. Best Consignment Shop Software has no obligation to provide support for the software. For more information on Best Consignment Shop Software's current support offerings, see our web site.

Entire License. This license, the limited warranty, and the upgrade/additive license agreement (if applicable) sets forth the entire understanding and agreement between you and Best Consignment Shop Software and may be amended only in a writing signed by both parties. No vendor, distributor, dealer, retailer, sales person or other person is authorized to modify this license or to make any representation or promise that is different from, or in addition to, the representations or promises of this license.

Waiver. No waiver of any right under this license shall be effective unless in writing, signed by a duly authorized representative of the party to be bound. No waiver of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right arising under this license.

Severability. If any provision in this license is invalid or unenforceable, that provision shall be construed, limited, modified or, if necessary, severed, to the extent necessary, to eliminate its invalidity or unenforceability, and the other provisions of this license shall remain unaffected.

Export. Regardless of any disclosure made by you to Best Consignment Shop Software of an ultimate destination of the software, you will not export or transfer, whether directly or indirectly, the software, or any portion thereof, or any system containing such software or portion thereof, to anyone outside the U.S. or Canada (including further export if you took delivery of the software outside the U.S.) without first complying strictly and fully with all export/import controls that may be imposed on the software by the U.S. Government or any country or organization of nations within whose jurisdiction you operate or do business. It is your responsibility to comply with all such controls and requirements as they may be amended from time to time.

U.S. Government restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions in far § 52.227-14 (June 1987) alternate iii (June 1987), far § 52.227-19 (June 1987), or dfars § 252.227-7013 (b)(3) (Nov 1995), or applicable successor clauses. Contractor/ manufacturer is Net Money Business.

Other. The application of the United Nations Convention of Contracts for the international sale of goods is expressly excluded.

Limited Warranty

Software. Except as provided in this limited warranty, Best Consignment Shop Software warrants that if the software fails to conform substantially to the documentation accompanying the software and if you report the nonconformity to Best Consignment Shop Software in writing within 30 days from the date you purchased the license to the software, Best Consignment Shop Software will at its sole discretion either resolve the nonconformity or upon return of the original and all copies of the software refund any license fees paid by you.

The software is not designed, manufactured or intended for use or resale with on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation, communication, or control systems, direct life support machines, weapons systems, or other uses in which failure of the software could lead directly to death, personal injury, or severe physical or environmental damage.

The software is only compatible with certain computers and operating systems. The software is not warranted for non-compatible systems. Call Best Consignment Shop Software or your dealer for information about compatibility.

Disclaimer. Except as otherwise restricted by law, Best Consignment Shop Software disclaims and excludes any and all implied warranties including any warranties of merchantability, title, non-infringement, or fitness for a particular purpose. Best Consignment Shop Software makes no warranty, representation or promise not expressly set forth in this limited warranty. Best Consignment Shop Software does not warrant that the software will satisfy your requirements, that they are without defect or error, or that the operation of the software will be uninterrupted. Some jurisdictions do not allow certain disclaimers and limitation of warranties, so certain of these may not apply to you.

Non-Best Consignment Shop Software Products. Best Consignment Shop Software does not warrant non-Best Consignment Shop Software products. Any such products are provided on an 'as is' basis. Any warranty service for non-Best Consignment Shop Software products is provided by the product manufacturer in accordance with any applicable manufacturer's warranty.

Limitation of Liability. Except as otherwise restricted by law, Best Consignment Shop Software's aggregate liability arising from or relating to your use of the software or any services provided by Best Consignment Shop Software and/or its agents is limited to the total of all payments made by or for you for the software. Neither Best Consignment Shop Software nor any of its licensors, employees, contractors, or agents shall in any case be liable for any special, incidental, consequential, indirect or punitive damages even if advised of the possibility of those damages. Neither Best Consignment Shop Software nor any of its licensors, employees, contractors, or agents is responsible for lost profits or revenue, loss of use of software, loss of data, costs of re-creating lost data, or the cost of any substitute equipment or program. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so portions of the above limitation or exclusion may not apply to you.

Best Consignment Shop Software Site: bestconsignmentshopsoftware.com
Email bcss@mm.st ~ 888-427-5779