eZee Burrp POS Restaurant Software 6.1.101

EULA - End User License Agreement

1. Agreement. This Software License Agreement ("Agreement") is a legal agreement between you (the undersigned end user licensee) and eZee Technosys Pvt. Ltd.. By clicking the "I Agree" button, by using eZee Technosys Pvt. Ltd., as applicable, you agree to be bound by the terms and conditions of this Agreement. As used herein, "Software" means eZee Technosys Pvt. Ltd. Software and related modules that you obtain from time to time.

This license is available only to persons who intend to use eZee Technosys Pvt. Ltd. as an end user and for such person's own internal business purposes. If you enter into this Agreement on behalf of your employer, you hereby represent and warrant to eZee Technosys Pvt. Ltd. that you have the authority to bind your employer and any reference to "you" herein will also include your employer.

2. Evaluation License. eZee Technosys Pvt. Ltd. grants to you a personal, non-transferable, non-exclusive license, without right to sublicense, to use the evaluation copy of eZee Technosys Pvt. Ltd. in machine-readable form only and only for purposes of evaluating the use of eZee Technosys Pvt. Ltd. software in your, or your employer's, internal business. If you decide to purchase a regular license to eZee Technosys Pvt. Ltd. software, you must pay the license fee to eZee Technosys Pvt. Ltd.. Thereupon eZee Technosys Pvt. Ltd. will send you a key. Without the key, the software will stop working in 45 days, at the end of the evaluation period. The evaluation license is granted for one user only and only for use on the specific machine designated by you to eZee Technosys Pvt. Ltd..

3. Security Code. You understand that only eZee Technosys Pvt. Ltd. can provide security codes to you for the Software and that the security codes are dependent upon and limited to the licensed configurations from time to time. You further understand that eZee Technosys Pvt. Ltd. has no obligation to provide any security code for the Software to you, unless (i) eZee Technosys Pvt. Ltd. has received this Software License Agreement completed and signed by you, (ii) eZee Technosys Pvt. Ltd. has been paid for the Software, and (iii) the Software can be provided to you without violating applicable Indian export laws and regulations or any other laws or regulations.

4. Regular License. Upon your payment of the license fee for the Software, eZee Technosys Pvt. Ltd. hereby grants to you (the undersigned) a personal, non-transferable, non-exclusive, perpetual license (except as set forth in Section 9 hereof), without right to sublicense, to use the Software in machine-readable form only and only in your internal business and for your own business purposes at the site set forth in Exhibit A and for the number of users and on the local area network(s) set forth in Exhibit A. You can order additional user and network licenses for the Software from time to time, which licenses will also be governed by the terms and conditions of this Agreement. The license fees for the Software do not include sales tax or other applicable taxes, duties or governmental charges (which may be separately set forth on the applicable invoice), all of which shall be paid by you.

5. Limitations. You may NOT copy, reproduce, modify, rent, lease, distribute, sell or transfer any Software. You agree not to make any Software available to any person except only to those of your employees whose job performance requires access to such Software for the permitted purpose. Except for the limited use license granted herein, all ownership of and rights in and to the Software, and all copies thereof, including without limitation all copyright, patent rights, trade secret rights, trademark rights and other intellectual property rights in and to the Software, are owned and retained by eZee Technosys Pvt. Ltd.. You understand that the Software is copyrighted and protected by Indian copyright law and international treaties. You agree not to remove or alter any copyright or other proprietary rights notices of eZee Technosys Pvt. Ltd. in or on the Software.

You agree not to reverse-assemble, reverse-compile, or otherwise reverse-engineer The Software, in whole or in part, or permit others to do so, except only to the extent required by applicable law.

6. No Warranties. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. eZee Technosys Pvt. Ltd. SPECIFICALLY EXCLUDES AND DISCLAIMS ANY IMPLIED WARRANTY OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ABSENCE OF HIDDEN DEFECTS, ANY WARRANTY OF NON-INFRINGEMENT, AND ANY WARRANTY THAT MAY ARISE BY REASON OF USAGE OF TRADE, CUSTOM OR COURSE OF DEALING.

7. No Liability. IN NO EVENT SHALL eZee Technosys Pvt. Ltd. OR ANY OF ITS DISTRIBUTORS BE LIABLE FOR ANY CLAIMS AGAINST YOU BY ANY THIRD PARTY RELATING TO ANY SOFTWARE OR YOUR USE OF ANY SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY CLAIM OF INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS.

IN NO EVENT SHALL eZee Technosys Pvt. Ltd. OR ANY OF ITS DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR LOSS OF OTHER SOFTWARE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF eZee Technosys Pvt. Ltd. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. IN ADDITION, IN NO EVENT SHALL eZee Technosys Pvt. Ltd. OR ANY OF ITS DISTRIBUTORS BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.

8. Support. Support for the Software is available from eZee Technosys Pvt. Ltd. or its distributors under a separate maintenance and support agreement upon payment of applicable annual maintenance and support fees.
9. Termination. eZee Technosys Pvt. Ltd. may terminate this Agreement immediately upon written notice to you if (i) you breach any material term of this Agreement and fail to cure such breach within forty five (45) days following written notice to you, (ii) you violate any intellectual property right of eZee Technosys Pvt. Ltd. in any Software. Upon termination of this Agreement, for whatever reason, you will immediately return to eZee Technosys Pvt. Ltd., or at eZee Technosys Pvt. Ltd.' request destroy, all copies of the Software in you possession or under you control, and you (if you are an entity, signed by one of your officers) shall certify to eZee Technosys Pvt. Ltd. in writing that you have done so.

10. Applicable Law. This Agreement shall be deemed entered into in the State of Gujarat, India, and the laws of the State of Gujarat, India, excluding conflict of law rules and principles, shall exclusively govern this Agreement, its interpretation and enforcement and the relations between the parties. The application of the Indian Convention on Contracts for the International Sale of Goods is expressly excluded.

11. Miscellaneous. If any provision hereof is held invalid or unenforceable it shall be reformed only to the extent necessary to make it enforceable. This Agreement (including Exhibit A) sets forth the entire agreement between the parties relating to the subject matter hereof and may be amended only by a writing executed by both parties. The terms of this Agreement will govern and supersede all pre-printed terms and conditions of purchase order or other business forms of either party.

12. Verification. You understand that eZee Technosys Pvt. Ltd. may verify the information provided by you and may contact you. eZee Technosys Pvt. Ltd. has no obligation to provide any security code for the Software to you, unless, among other things, eZee Technosys Pvt. Ltd. is satisfied, in its discretion, that you are a bona fide end user customer, and that the information provided by you to eZee Technosys Pvt. Ltd. is accurate.

13. PUBLICITY. You grant eZee Technosys Pvt. Ltd the right to include your company's name or property name as a customer on eZee Technosys' various websites and other advertising and promotional materials. In case your company name or property name is included and you want it to be de-listed, you need to give a written request. In 30 days eZee Technosys will remove your company's name from the websites and will cease to include the name in eZee's other advertising and promotional materials.