Disclaimer

ADVANCED RETAIL POS, ADVANCED RESTAURANT POS, BUSINESS INVENTORY MANAGER BASIC, BUSINESS INVENTORY MANAGER PRO, ALL-IN-ONE INVOICE SOFTWARE AND RELATED SOFTWARE COMPONENTS

This SMS Software Enterprises, Inc. Disclaimer Agreement is a legal agreement between you (either an individual or a single entity) and SMS Software Enterprises, Inc. for ALL their software products identified above, which include computer software, documentation and the associated printed materials ("Software Product" or "Software").

The software is subject to the terms and conditions detailed in the following license agreement.

NOTICE: SMS SOFTWARE ENTERPRISES, INC. LICENSES THE ENCLOSED SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. YOUR DOWNLOADING OF SMS SOFTWARE ENTERPRISES, INC. SOFTWARE IMPLIES THAT YOU AGREE TO THE TERMS AND LIMITATIONS OF THIS LICENSING AGREEMENT. PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THEN SMS SOFTWARE ENTERPRISES, INC. IS UNWILLING TO LICENSE THE SOFTWARE TO YOU, IN WHICH CASE YOU SHOULD, NOT DOWNLOAD THE SOFTWARE, NOT USE THE SOFTWARE AND REMOVE THE SOFTWARE FROM YOUR SYSTEM. BY DOWNLOADING THE RESPECTIVE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. LICENSE:

The software which accompanies this license (the "Software") is the property of SMS SOFTWARE ENTERPRISES, INC. or its licensors and is protected by copyright law. While SMS SOFTWARE ENTERPRISES, INC, continues to own the Software, you will have certain limited rights to use the Software after your acceptance of this license. Your rights and obligations with respect to the use of this Software are as follows:

You may:

i. use one copy of the Software on a single computer;
ii. make one copy of the Software for archival purposes, or copy the software onto the hard disk of your computer and retain the original for archival purposes;

You may not:

i. copy the documentation which accompanies the Software;
ii. sublicense, rent or lease any portion of the Software; or
iii. reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software.

Warranty Disclaimer:

SMS SOFTWARE ENTERPRISES, INC. MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THIS SOFTWARE FOR ANY PURPOSE. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. ACCORDINGLY, SMS SOFTWARE ENTERPRISES, INC. SHALL NOT BE LIABLE UNDER ANY THEORY OR ANY DAMAGES SUFFERED BY YOU OR ANY USER OF THE SOFTWARE.

Disclaimer of Damages:

REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SMS SOFTWARE ENTERPRISES, INC. BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF SMS SOFTWARE ENTERPRISES, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THIS DISCLAIMER IS FOUND TO BE UNENFORCEABLE, YOU STIPULATE TO LIQUIDATED DAMAGES IN THE AMOUNT YOU PAID TO PURCHASE THE SOFTWARE.

Compliance With Applicable Law: You agree to abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws. You acknowledge that the Software in source code form remains a confidential trade secret of SMS SOFTWARE ENTERPRISES, INC. and-or its suppliers and therefore you agree not to modify the Software or attempt to decipher, decompile, disassemble or reverse engineer the Software, except to the extent applicable laws specifically prohibit such restriction.

Termination: SMS SOFTWARE ENTERPRISES, INC. may terminate the right to use the Software on notice to you (which may be delivered electronically by the same means as this Software is distributed), and you may terminate this license at any time by destroying or erasing your copy of the Software. Upon the termination of this license, you must discontinue all use of the Software and remove the Software from your system. SMS SOFTWARE ENTERPRISES, INC. reserves the right at any time to cease the support of the Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software. General: This Agreement will be governed by the laws of the State of California. This Agreement may only be modified by written document which has been signed by both you and SMS SOFTWARE ENTERPRISES, INC.