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SERVICES AND PRODUCTS > SOFTWARE > ANDROID > POS PLUS - SOFTWARE ANDROID
ANDROID POS PLUS EULA
End User License Agreement - (“EULA”)
This End User License Agreement “EULA” is a legal contract between you (hereinafter the LICENSEE) and RCTI (hereinafter the LICENSOR).
The download, installation and / or use that the LICENSEE performs of POS+ is subject and conditioned to everything described below.
1. Service Provision of POS+.
The POS + application allows you to manage your business in Android by adding, modifying, disabling and / or removing within the app users, images, sales items (products), customers, suppliers or the various generated reports. POS + may be executed from an Android device of the LICENSEE in its entirety, having purchased the license of the application and until it expires. The functionality of the program may be modified at any time by the LICENSOR and / or its use, implies that LICENSEE agrees that the LICENSOR will add, modify or delete functionalities in the software updates.
2. Authorized users; Authorized Use.
POS+ application may be used by the LICENSEE in the Android devices subject to the acquired license. POS+ cannot be used/ published/ installed by third parties without authorization of the LICENSOR (licenses or explicit permissions). The LICENSEE shall not transfer or delegate to third parties the ownership of its POS+ license.
3. Limited license for the use of POS+
By this agreement, the LICENSOR grants a limited and non-exclusive version of the POS+ software to LICENSEE to download, install and use the trial version. This will be limited in many functionalities because it serves as a sample of the operation of the program.
Without being under obligation, might be that at any time the LICENSOR provides the LICENSEE modifications, patches or settings in the software POS+ (collectively, hereafter, UPDATES). The updated software POS+ shall be subject in accordance to the terms of this Agreement too.
If the LICENSEE has a version installed of POS+ on your device, and the LICENSOR decides to make updates available for the LICENSEE, in this case it is possible to download remotely and automatically in your device. With the first download and installation of POS+ in your device, the LICENSEE consents and authorizes the LICENSOR to provide remotely and automatically these UPDATES for the time than you consider convenient, without requiring any further notification or requirement requesting approval once again. To provide new UPDATES may be that in the view of the LICENSOR, to show the LICENSEE another time this Agreement for review (so that could be modified or revised for the LICENSOR) at its discretion and accepted the terms another time, before being allowed download and install any such UPDATES. Only if the LICENSEE decides not to click the acceptance button, the LICENSEE may not continue to use POS+ and also may not use the new features added to POS+ by UPDATES.
The use that you realize of POS+ is subject to the following additionally restrictions and terms: the LICENSEE is not allowed (i) to decompile, reverse engineer or disassemble POS+ and the files integrated, or otherwise, attempts to derive the source code; (ii) manipulation or interference in the features/functions, the results or in the operations of POS+ while the same are using or installing; (iii) sell, rent, transmit, resell or distribute POS+ to third parties without express consent of the LICENSOR; (iv) duplicate, reproduce, copy (except with the purpose of make reasonable security copies), modify or otherwise create derivative works based on POS+, or (v) the exportation or re-exportation of POS+, direct or indirectly, any country from unauthorized media.
5. Intellectual Property Rights.
The LICENSEE accepts that no clause or mention included in this agreement means or may mean that the LICENSEE owns POS+ or any part thereof and that only the LICENSEE has been granted permission to use it. The LICENSEE accepts and is aware that, in connection with this agreement, the LICENSOR is the owner of all rights, titles and interests in relation to and over POS+, and in relation to and on any work or intellectual property (including, In particular but not limited to, "copyrights", patents, trademarks and any other proprietary rights) included in or applicable to POS+ and excluding third party applications used. If LICENSEE sends or otherwise shares with LICENSOR your ideas, comments or suggestions regarding POS+, the LICENSEE is aware and accepts that the LICENSOR can use these ideas, comments or suggestions either way, for any purpose, without the need of any compensation, remuneration (which the LICENSEE expressly disclaims), approval or consent. The LICENSEE consent to give the LICENSOR all rights of use, tittles, and interests regarding to ideas, comments or suggestions.
6. Disclaimer of warranty.
The LICENSOR EXCLUDES ALL LIABILITY that results from the download, installation, use or uninstallation of the LICENSEE or their use of services of POS+.
POS+ is provided without warranty of any kind, as the LICENSEE before of the license purchase, can check the functionality of the application on your device and therefore having testing the software, accept the requirements and application’s behavior. The LICENSOR excluded any expressed warranty, implied or statutory, including, but not limited to implied warranty of satisfactory quality, merchantability and/or fitness for a particular purpose, and non-infringement of rights.
Given all previously stated should be emphasized that the LICENSOR include with the licensed software obtained/acquired through purchase, devices (export and import of data) in order to preserve the information, that means the collected information by installing this software about your business, and the information generated by the start of use of POS+. Therefore in any case of incorrect use, device failure, system software updates or other possible causes or error sources that cause loss of data the LICENSOR is not responsible in any case, such the failure to keep the LICENSEE your relevant security copies, than to safeguard data (execute the devices of export and import “backups”) is the responsibility of the LICENSEE; that is because the software POS+ the data integrity that you the LICENSEE provide the program is only end exclusively in your default device in the software installation in local mode, that means the LICENSOR does not receive, acquire and doesn’t have access to this information. The information that POS+ send to the LICENSOR is only available at the moment of the license purchase, in order to manage and identify the LICENSOR purchase and checking the licenses and devices by the LICENSOR.
7. Limit of Liability.
THE LICENSEE IS AWARE OF AND VOLUNTARILY ACCEPTS THAT THE DOWNLOAD, INSTALLATION AND/OR USE OF POS+ IS UNDER YOUR OWN RISK AND EXCLUSIVE RESPONSIBILITY. NOTWHITSTANDING THE ABOVE, IN NO EVENT SHALL THE “LICENSOR” BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL SUCH AS EXEMPLARY AND PUNITIVE DAMAGES; WHETER RESULTING FROM THE DOWNLOAD, INSTALLATION, USE, MISUSE OR UNISTALLATION THAT THE LICENSEE MAKES OR NOT OF POS+
8. Exclusion in regard to third-party applications.
BY THIS AGREEMENT THE LICENSEE IS AWARE AND ACCEPT THAT ANY APPLICATION OF THIRD-PARTY THAT COULD BE INTEGRATED IN POS+ HAS BEEN PROVIDED BY A THIRD PROVIDER AND NOT BY THE LICENSOR. THE LICENSEE IS AWARE AND ACCEPT THAT DOWNLOAD, INSTALLATION AND USE OF ANY SUCH THIRD-PARTY APPLICATIONS. THE LICENSOR EXPRESLY EXCLUDES ALL LIABILITY IN CONNECTION WITH THESE THIRD-PARTY APPLICATIONS OR THEIR RESPECTIVE USE.
BY DOWNLODING, INSTALLING, USING OR UNINSTALLING POS+, THE LICENSSE AGREES, AT ITS OWN COST AND EXPENSE, TO COMPENSATE, DEFEND AND INDEMNIFY THE LICENSOR, YOUR PARENT COMPANIES, SUBSIDIARIES AND BRANCHES, ITS BUSSINES PARTNER, THIRD PARTY PROVIDERS, AND YOUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, DISTRIBUTORS AND AGENTS (HEREINAFTER, “INDEMNIFIED PARTIES”), AGAINST ANY LOSS OR DAMAGE, PERSONAL INJURY, ACTION, CLAIMS, DEMANDS, AND EXPENSES, INCLUDING FEES AND COSTS, ALL OF THEM OF ANY KIND AND NATURE, DERIVED FROM, IN RELATION WITH OR RESULTING OF ANY CLAIMS AGAINST ANY OF THESE INDEMNIFIED PARTIES OR ALL TOGETHER, AS A RESULT OF OR IN RELATION TO: (I) ANY BREACH OF THIS AGREEMENT BY THE LICENSEE; OR (II) THE DOWNLOAD, INSTALLATION, USE OR UNISTALLATION THAT THE LICENSEE PERFORMS OF POS+, INCLUDING, IN PARTICULAR BUT WITHOUT LIMITATION, ANY CLAIMS OF PERSONAL INJURY (INCLUDING DEATH), REPUTATIONAL DAMAGE, INFRINGEMENT OF PRIVACY OR PERSONAL PROPERTY DAMAGE, INTANGIBLES OR DATA (INCLUDING, WITHOUT LIMITATION, LOSS OF PROPERTY OR LOSS OF USE OF PERSONAL PROPERTY, REAL PROPERTY, INTANGIBLES, OR DATA).
View at, https://www.rcti.es/web/services.php?q=58
11. Use of third party applications.
View at, https://www.rcti.es/web/services.php?q=59
The Courts and Tribunals of the city of Barcelona, province of Barcelona, Spain, shall have jurisdiction in disputes relating to this Agreement. The law applicable to this Agreement is the Spanish Legislation, safeguarding in any case the mandatory rules of law of the place in which Courts shall know about the dispute, as well as the General Law on Consumer Protection.
If any part or clause of this Agreement is or will be declared null and void, the remaining clauses shall retain the validity.
Any modification that the LICENSEE made in this Agreement will be available in https://www.rcti.es/index.php?service=es.rcti.posplus§ion=eula. The use that the LICENSEE performs of POS + will always be subject to the terms and conditions of the current agreement in each moment.
Barcelona, January 14, 2017.
RCTI - SPAIN