Electronic Creations, Inc. License Agreement
THE ENCLOSED SOFTWARE, AND LICENSE FOR USE OF SOFTWARE, IS RESTRICTED TO ONLY ONE USER. THIS USER IS THE PERSON OR COMPANY THAT PURCHASED THE SOFTWARE FOR ONE SELLING STATION PER SITE ONLY.
ELECTRONIC CREATIONS, INC LICENSES THE ENCLOSED SOFTWARE TO YOU ONLY UPON THE CONDITIONS THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DISCONTINUE ANY AND ALL USE of this software AND UNINSTALL THIS PROGRAM FROM YOUR COMPUTER.
LICENSE AND WARRANTY:
The software which accompanies this license is the property of Electronic Creations Inc. (ECI) or its licensors and is protected by copyright law. While ECI continues to be the sole owner of this software, you will have certain rights to use the software after your acceptance of this license. Except as may be modified by a license addendum which accompanies this license, your rights and obligations with respect to the use of this software are as follows:
- Use only one copy or one version of the various versions of the software contained on the enclosed media, or in the download, on a single computer or selling station, or if only one version is contained on the enclosed media use one copy of such version on a single computer or selling station.
- Use software on a network provided that you have a licensed copy of the software for each computer or selling station that can access software on that network.
- Upon written notice to ECI, and written acceptance, transfer the software. Transfer of the software will allow ownership of this software to pass to another person or business provided that the original owner does not retain any copies of the software on or off an active computer, selling station, or continue business use of any kind or nature. The transferee (new owner) must agree to the terms of this agreement in writing and supply copy of same to ECI and pay the transfer fee, should one be assessed.
- Use the software on a single home computer or selling station if the primary user completes the product registration, which is accompanied with the software. This home use only allows for the creation of data to be used by one business location unless a written agreement allows other uses or applications.
You may not:
Copy the software or documentation that accompanies said software, sublease, rent or lease, or loan any portion of this software, reverse engineer, duplicate, disassemble, modify, translate, or make any attempts to discover the source code of this software or create derivative works from the software or use a previous version or copy the software after you have received a replacement set or upgraded version as a replacement of the prior version. You also may not copy, decode, modify, translate, or make any attempts to discover the source code of any start up codes of this software or create derivative.
ECI warranties that the media on which the software or hardware is distributed will be for period of sixty (60) days from the date of delivery of the software to the end-user. As the end-user, your sole remedy in the event of a breach of this warranty will be that ECI will, at its own option, replace defective media returned to its offices within the warranty period, or repair, replace, or rebate funds paid based on length of time or use within the 60 day warranty period. ECI does not warranty that the software will meet your requirements, or the operation of the software will be uninterrupted, or that the software will be error-free. The above warranty is exclusive and in lieu of all other warranties, whether expressed or implied, including the implied warranties of merchantability, fitness for particular purpose and non-infringement. This warranty gives the end-user and/or purchaser specific legal rights that may not be transferred to any person or business entity no matter its form or function. After 30 days, a credit or refund of “Any software” will be made on a short rate basis, 12 month minimum usage x life time of 2.5 rounded software years. Example: 2 months usage: Software cost was $ 999.00 divided by 2.5 years = $ 400.00 (1 year minimum). Your refund would be $ 599.00 Refunded hardware will have a 15% restocking fee deducted from the original price sold. Hardware cost was $ 999.00 divided by 15% restocking fee. Your refund would be $ 850.00. A credit may be given at the discretion of ECI and www.Ticketingsystems.com in lieu of a refund.
Disagreements and Legal Actions
The purchaser agrees that in the event of any disagreements or legal actions that may result from the direct or indirect use of this product will be pursued in the following jurisdiction only:
All legal actions must be filed in the county of San Diego in California, USA. California law will be used for adjudication and any and all matters related to this product. The purchaser waives any and all rights to bring suit or a cause of action in any and all venues except in San Diego County Superior Court. The parties also agree that the nonmoving party shall have the option of mediation, or arbitration prior to any legal action.
The prevailing party in any legal action shall be entitled to attorney’s fees and costs that may relate directly or indirectly to any cause of action brought by any party to this agreement. It is clearly understood by the parties that the following steps must be taken before legal action of any kind can take place.
The parties agree that all issues and disputes must be submitted to arbitration or mediation in San Diego County California and that in the event of a claim of inconvenient forum a Telephonic appearance will be allowed for any party to this disagreement.
ECI reserves the right to cause any party claiming damages or legal action to post a bond in an amount that would be sufficient to cover any and all cost that may be related to the dispute process that would be forfeited in the event that the plaintiff fails to make their case in arbitration or mediation or civil action.
Disclaimer of Damages
Regardless of whether any remedy set forth herein fails of its essential purpose, in no event will ECI be liable to you for any consequential, indirect or similar damages including any loss of profits, or loss of data arising from the use or inability to use the software even if ECI has been advised of the possibility of such damages.
In no case shall ECI liability exceed the purchase price of the software. Disclaimers and limitations set forth above will apply regardless of whether you accept the software.
The laws of the state of California will govern any and all disagreements. This agreement may only be modified by a license modification made in writing and approved by the software company ECI. Any and all changes to this agreement must be in writing. There are no other warranties expressed or implied. Should you have any desire to contact ECI for any reason, please write to ECI.
Copyright Notice - All rights reserved.
Any technical documentation that is made available by ECI is the copyrighted work of ECI., which owns all rights and title to same.
Any and all technical documentation or software that is provided may be delivered to you in “As- Is” condition and the software company ECI makes no warranty as to its accuracy or use. Any use of the technical documentation or the information contained therein is used at the complete sole risk of the end user. Documentation may include technical or other inaccuracies, or other typographical errors. ECI reserves the right to make changes without prior notice to any software or publication. No part of this publication or computer program may be copied without the express written permission of ECI.
Consideration of this product
Other software programs and hardware have many variables that can cause this product to fail, not work properly or not meet your personal needs. Our mission is to help you work through any problems that you may encounter in the daily use of this software. If you should have any problems please let us know. We want to correct them and keep your system up and running at top speed. Please see program and hardware requirements prior to use.
To under promise and to over perform. The most important person in this world is the customer. We are committed to working with you to make your business profitable and help you grow. Your success is our success. We would like to thank you for your business and we promise we will work hard to keep your business every day. Thank you for your purchase with Electronic Creations Inc.
Our reputation and your continuing operations with little or no down time are extremely important to us. We want to make sure that the products you are using are the best they can be. We try to provide you with the newest technologies to keep you up and running – things such as self healing software are incorporated in our products. In order for us to know what is happening in the field, you agree that the software you use can send important operational messages to us such as errors, expiration dates, versions and other items that we deem important to help you run your business and that will also keep our software running in top shape. This will be totally automatic and be sent through the Internet, via email, FTP or other means to our website or locations. NOTE: this is NOT to be confused with spyware. Information shared with us will not be used in any way without your express written consent.