"Host
Protocols For ATM6000 & SCRIP6100"
END-USER LICENSE AGREEMENT FOR LIPMAN USA SOFTWARE.
IMPORTANT-READ CAREFULLY:
This Lipman End-User License Agreement ("EULA") is a legal agreement
between you (either an individual or a single entity) and Lipman USA, Inc.
("Lipman") for the Lipman Software Product identified above, which
may include associated media, printed materials, and "online" or
electronic documentation ("Software Product"). By installing,
copying, or otherwise using the Software Product, you agree to be bound by
the terms of this EULA. If you do not agree to the terms of this EULA, do not
install, copy or use the Software Product and return the product to our attention
at the address set forth below for a full refund.
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.
1. GRANT OF LICENSE. This EULA grants you the following rights:
* Software License. Lipman grants you the non-exclusive right to make and
use, solely in connection with your use of Lipman terminals, a number of
copies of the Software Product equal to the number of Lipman terminals
validly purchased by you. You may also make copies of the Software Product
for backup and archival purposes.
* Distribution. Lipman grants you a non-exclusive, royalty-free right to
reproduce and distribute an unlimited number of copies of the Software
Product, solely for use in connection with Lipman terminals, provided that
you: (a) distribute the Software Product in object code form only as part of
a software product created by you for use with Lipman terminals, that adds
significant and primary value to the Software Product (the "Licensed
Product"); provided such Licensed Product complies with all applicable
laws, rules and regulations, including without limitation, all VISA,
MasterCard and other association rules and regulations; (b) do not use
Lipman's name, logo, or trademarks to market the Licensed Product; (c) will
not permit further distribution of the Software Product by your end-user
customers; (d) include a valid copyright notice on the Licensed Product
sufficient to protect Lipman's copyright in the Software Product; (e)
distribute and license the use of the Licensed Product to end users only
pursuant to your end user license agreement; (f) indemnify, hold harmless,
and defend Lipman from and against any claims or lawsuits, including
attorney's fees, that arise or result from the use or distribution of your
Licensed Product; (g) otherwise comply with the terms of this EVLA; and (h)
agree that Lipman reserves all rights not expressly granted. No license is
granted to you in the source code of the Software Product.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Not for Redistribution Software. If the Software Product is labeled "Not
for Redistribution" or "NFR," then, notwithstanding other
sections of this EULA, you may not resell, sublicense, or otherwise transfer
for value, the Software Product by itself or as part of a Licensed Product.
* Maintenance of Copyright Notices. You must not remove or alter any
copyright notices on all copies of the Software Product.
* Limitations on Reverse Engineering, Decompilation, and Disassembly. Neither
you nor your end-user customers may reverse engineer, decompile, disassemble
or otherwise attempt to discover the source code of the Software Product,
except and only to the extent that such activity is expressly permitted by
applicable law notwithstanding this limitation.
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 terminal.
* Performance or Benchmark Testing. You may not disclose the results of any
benchmark test of the Software Product to any third party without Lipman's
prior written approval.
* Support Services. Lipman may provide you with support services related to
the Software Product ("Support Services"), use of Support Services
is governed by the Lipman policies and programs described in the user manual,
in "online" documentation, and/or in other Lipman-provided
materials. Any supplemental software code provided to you as part of the
Support Services shall be considered part of the Software Product and subject
to the terms and conditions of this EULA. With respect to technical
information you provide to Lipman as part of the Support Services, Lipman may
use such information for its business purposes, including for product support
and development. Lipman will not utilize such technical information in a form
that personally identifies you.
* Software Transfer. You may permanently transfer all of your rights under
this EULA (i) only in conjunction with a permanent transfer of your validly
purchased Lipman terminals; (ii) provided you retain no copies; (iii) you
transfer all of the Software Product (including all component parts, the
media and printed materials, and any upgrades); and (iv) the recipient agrees
to the terms of this EULA. If the Software Product is an upgrade, any
transfer must include all prior versions of the Software Product.
* Termination. Your rights under this EULA terminate upon the termination of
your right to use the Lipman terminal being used in connection with the
Software Product. Without prejudice to any other rights, Lipman may terminate
this EULA if you fail to comply with the terms and conditions of this EULA.
In such 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 Lipman as being eligible for the
upgrade in order to use the Software Product. A Software Product labeled as
an upgrade replaces and/or supplements the product that formed the basis for
your eligibility for the upgrade. You may use the resulting upgraded product
only in accordance with the terms of this EULA. If the Software Product is an
upgrade of a component of a package of software programs that you licensed as
a single product, the Software Product may be used and transferred only as
part of that single product package and may not be separated for use on more
than one terminal.
4. COPYRIGHT.
All title, including but not limited to copyrights, in and to the Software
Product and any copies thereof are owned by Lipman or its suppliers. All
title and intellectual property rights in and to the content which may be
accessed through use of the Software Product is the property of the
respective content owner and may be protected by applicable copyright or
other intellectual property laws and treaties. This EULA grants you no rights
to use such content.
5. U.S. GOVERNMENT RESTRICTED RIGHTS.
The Software Product is provided with RESTRICTED RIGHTS. Use, duplication, or
disclosure by the Government is subject to restrictions as set forth in
subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software
Clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (ii) of the
Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as
applicable. Manufacturer is Lipman USA, Inc., 50 Gordon Drive, Syosset, New
York 11791.
6. EXPORT RESTRICTIONS.
You agree that you will not export or re-export the Software Product to any
country, person, entity or end user subject to U.S.A. export restrictions.
Restricted countries currently include, but are not necessarily limited to
Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria. You warrant and
represent that neither the U.S.A. Bureau of Export Administration nor any
other federal agency has suspended, revoked or denied your export privileges.
7. NO WARRANTIES.
Lipman expressly disclaims any warranty for the Software Product. THE
SOFTWARE PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE
SOFTWARE PRODUCT REMAINS WITH YOU.
8. LIMITATION OF LIABILITY.
In no event shall Lipman or its suppliers be liable for any damages
whatsoever (including, without limitation, damages for loss of business
profits, consequential or incidental damages, business interruption, loss of
business information, or any other pecuniary loss or expense) arising out of
the use of or inability to use the Software Product, even if Lipman has been
advised of the possibility of such damages. Because some states and
jurisdictions do not allow the exclusion or limitation of liability for
consequential or incidental damages, the above limitation may not apply to
you.
MISCELLANEOUS
This EULA is governed by the laws of the State of New York, excluding the
application of its conflict of laws rules. In the event of any dispute
arising from or relating to this EULA, the parties hereto irrevocably consent
to the personal jurisdiction of the courts located in New York, New York,
which shall be the exclusive venue for any such dispute. The United Nations'
Convention on International Sale of Goods does not apply. This EULA sets
forth the entire understanding and agreement between you and Lipman and may
be amended only in a writing signed by both parties.
Do you accept all the terms of the preceding License Agreement? If you choose
NO, you will not be able to access the software. To access the software, you
must accept the Agreement
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