GÅVA SYSTEMS (A 3 CROWN CORP, LLC company) SOFTWARE LICENSE AGREEMENT (EULA AND TERMS OF SERVICE)
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING, COPYING OR DISTRIBUTING ALL OR ANY PORTION OF THE GÅVA SYSTEMS SOFTWARE ("SOFTWARE") YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USE; TRANSFERABILITY; WARRANTY; AND LIABILITY. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE.
Gåva Systems (3 CROWN CORP, LLC) and its suppliers own all intellectual property in the Software. Gåva Systems (3 CROWN CORP, LLC) permits you to Use the Software only in accordance with the terms of this Agreement. Use of some third party materials included in the Software may be subject to other terms and conditions typically found in a separate license agreement.
Definitions. "Software" means (a) all of the contents of the files (provided either by electronic download, on physical media or any other method of distribution), disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to (i) Gåva Systems or third party computer information or software; (ii) related explanatory written materials or files ("Documentation"); (iii) fonts (iv) images and/or icons; and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by Gåva Systems (collectively, "Updates"). "Use" or "Using" means to access, install, download, copy, or otherwise benefit from using the functionality of the Software in accordance with the Documentation. "Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g., volume license) granted by Gåva Systems (3 Crown Corp, LLC). "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions. User refers to the end user of the product and/or purchaser. "Gåva Systems" is a division of 3 Crown Corp, LLC.
WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT AT ANY TIME. ANY CHANGES WILL BE EFFECTIVE UPON POSTING OF THE REVISIONS ON THE SITE OR WITHIN THE SOFTWARE REFLECTING THE NEW EFFECTIVE DATE. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE POSTING OF THE CHANGES ONLINE WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. YOU SHOULD FREQUENTLY REVIEW THE AGREEMENT (INCLUDING THE EFFECTIVE DATE) AND APPLICABLE POLICIES FROM TIME TO TIME TO UNDERSTAND THE TERMS THAT APPLY TO YOUR USE OF THE SERVICE AND/OR USE OF THE SITE.
If we make any material changes to this Agreement that, in our sole judgment, would have an adverse effect on your use of the Service, we will either post a notice on the Site that this Agreement has changed and the effective date of such change, provide you a notice describing such changes and their effective date, in the manner described in subsection 1.B. below, or send you the revised Agreement. In the event of any potential conflict between this Agreement and the terms of any offer for the Service, this Agreement will govern.
Notices to you will be deemed given when deposited in the mail or when sent by email. Notices may be included in statements or other communications to you. We may also provide notice to you by telephone, which will be deemed given when a message is left with you, someone answering the telephone at your residence or on an answering machine or voice mail system at your phone number on record with us. Your notices to us will be deemed given when we receive them at the telephone number or, in writing at the address, set forth above at “CONTACT INFORMATION.”
If you obtained the Software from Gåva Systems (3 CROWN CORP, LLC) or one of its authorized licensees or resellers, and subject to your compliance with the terms of this agreement (this "Agreement"), including any restrictions stated below, Gåva Systems grants to you a non-exclusive license to Use the Software for the purposes described in the Documentation as follows.
You may install and Use a copy of the Software on your compatible Computer, up to the Permitted Number of computers. The Software may not be shared, installed or used concurrently on different computers. You may only use the Gåva Software and data service on the stations and within the stores specified during your ordering/demo process. No other use is permitted. Any violation of the general use term will lead to termination of service and data stored on service without warning.
A “Store License” is defined as a single site location (single address) with just one (1) associated business name. A “Station License” is defined as software for installation on one (1) single computer or system at one (1) single site location with only one (1) associated business name. The Gåva “Data Service” is defined as the annual service provided to a single “Store License” for processing of transactions.
You may make one backup copy of the Software, provided your backup copy is not installed or used on any Computer. You may not transfer the rights to a backup copy unless you transfer all rights in the Software. Transfers must be authorized by Gåva Systems (3 CROWN CORP, LLC).
The Software will only be used on the machine for which it is registered under the correct and valid store license. No other installations are permitted.
You may not modify, adapt, translate or create derivative works based upon the Software. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software.
Without prejudice to any other rights, Gåva Systems (3 CROWN CORP, LLC) may cancel this EULA if you do not abide by the terms and conditions of this EULA, in which case you must destroy all copies of the Product and all of its component parts.
Violations of any part of this agreement will lead to termination of service and deletion of data without warning.
Your data service is billed annually and able to be renewed at any time. A renewal notice is typically sent 60 days prior to your yearly anniversary date. Should you opt not to renew your service it will automatically terminate and the data stored on our secure server can be deleted without further warning. Gåva Systems does not provide a refund for unused data service.
Gåva Systems (3 CROWN CORP, LLC) reserves the right to NOT extend renewal of service to any client in our sole discretion
You acknowledge that the Product is of U.S. origin. You agree to comply with all applicable international and national laws that apply to the Product, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.
All UPDATES shall be considered part of the Product and subject to the terms and conditions of this EULA. Additional license terms may accompany UPDATES (as defined in the first paragraph of this EULA). By installing, copying, or otherwise using any UPDATE, you agree to be bound by the terms accompanying each such UPDATE. If you do not agree to the additional license terms accompanying such UPDATES, do not install, copy, or otherwise use such UPDATES.
Gåva Systems (3 CROWN CORP, LLC) is in no way responsible for your connection to our online data service. From time to time the service might be taken down for regular or routine maintenance. All efforts will be made to provide warnings and notices of such situations. However, some outages might be beyond our control and as such Gåva Systems (3 CROWN CORP, LLC) takes no responsibilities for downtimes. User should have backup procedures in place should such an incident occur.
All data added to the system is the responsibility of the User. The User should run reports and do exports on a regular basis to insure the integrity of all data. Gåva Systems (3 CROWN CORP, LLC) is not responsible for the loss or damage of any data stored on our data service.
User further understands that the data service is billed annually per store site. The fee, which is subject to change without notice, must be paid within ten (10) days of expiration to avoid service disconnection and deletion of data stored on our servers.
Users are fully responsible for User Accounts and Passwords and deactivating such accounts in a timely fashion to avoid unnecessary access or theft. Gåva Systems (3 CROWN CORP, LLC) is in no way responsible for any unauthorized activities from former or present store personal or the like.
Any breach of our systems that is determined to be the fault of an end user (authorized or not) will be the full responsibility of the client including monetary damages.
This agreement does not permit the Software to be transferred unless authorized by Gåva Systems (3 CROWN CORP, LLC).
Gåva Systems (3 CROWN CORP, LLC) provides support for software and hardware purchased directly from Gåva Systems (3 CROWN CORP, LLC).
Gåva Systems (3 CROWN CORP, LLC) does not support or provide warranties for any third party software or hardware, including but not limited to operating systems, card readers, printers, computers, network equipment and broadband services – please contact your supplier or manufacturer for assistance .
While we provide on-going support for our products – Gåva Systems (3 CROWN CORP, LLC) reserves the right to limit support at its sole discretion with or without notice.
All users agree to uphold and abide by any and all Local, State, Federal or International laws including, but not limited to selling, processing or handling gift, loyalty or membership programs. You take full responsibility for all regulatory compliance including, but not limited to reporting, collection, refunds or abandoned property.
You further agree to hold Gåva Systems (3 CROWN CORP, LLC) harmless should you be found in violation of any laws or regulations. The user is fully responsible for being aware of any changes to regulatory compliance and requirements set forth by any governing body.
The Limited Warranty referenced below is the only express warranty made to you and is provided in lieu of any other express warranties (if any) created by any documentation or packaging. Except for the Limited Warranty and to the maximum extent permitted by applicable law, Gåva Systems (3 CROWN CORP, LLC) and its suppliers provide the Product and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, either express, implied, or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Product, and the provision of or failure to provide support services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GÅVA SYSTEMS (3 CROWN CORP, LLC) OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF GÅVA SYSTEMS (3 CROWN CORP, LLC) OR ANY SUPPLIER, AND EVEN IF GÅVA SYSTEMS (3 CROWN CORP, LLC) OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Gåva Systems and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing (except for any remedy of repair or replacement elected by Gåva Systems with respect to any breach of the Limited Warranty) shall be limited to the greater of the amount actually paid by you (prorated based on renewal date) for the Products data service for the current year of service or U.S.$5.00. The foregoing limitations, exclusions, and disclaimers (as stated in the Limited Warranty) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. Should a legal situation arise that requires adjudication Gåva Systems (3 CROWN CORP, LLC) has the express right to choose the venue and whether the matter will be brought to binding arbitration or to a civil hearing. Should the verdict be found in favor of Gåva Systems (3 CROWN CORP, LLC) the User/Plaintiff will be responsible for any and all legal fees assessed upon Gåva Systems included, but not limited to court cost, attorney’s fees and travel expenses.
This EULA (including any addendum or amendment to this EULA which is included with the Product) are the entire agreement between you and Gåva Systems (3 CROWN CORP, LLC) relating to the Product and the Support Services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Product or any other subject matter covered by this EULA. To the extent the terms of any Gåva Systems(3 CROWN CORP, LLC) policies or programs for Support Services conflict with the terms of this EULA, the terms of this EULA shall control.
The Product is protected by copyright and other intellectual property laws and treaties. Gåva Systems (3 CROWN CORP, LLC) or its suppliers own the title, copyright, and other intellectual property rights in the Product. The Product is licensed, not sold.