End User License Agreement
END USER LICENSE AGREEMENT (EULA)
dBar POS App is a wholly owned product of Barco Solutions Inc. (an app development company).
This EULA defines the legal use of dBar POS App with all the updates, revisions and substitutions made to You. This EULA forms a binding agreement between You and dBar POS App. All rights not expressly granted to You are reserved by Barco Solutions Inc.
PLEASE READ THIS EULA CAREFULLY, BY INDICATING YOUR ACCEPTANCE AND USING THE dBAR POS APP, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THAT YOU UNDERSTAND ITS CONTENT AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THIS EULA, YOU SHOULD NOT ACCESS OR USE dBAR POS APP. YOU HEREBY AGREE TO THE USE OF ELECTRONIC COMMUNICATIONS IN ORDER TO ENTER INTO THIS AGREEMENT, TO CREATE OTHER RECORDS AND TO THE ELECTRONIC DELIVERY OF NOTICES AND POLICIES BETWEEN YOU AND dBAR POS APP WITH RESPECT TO THIS AGREEMENT.
Capitalized terms used herein shall have the same meanings ascribed thereto below:
- a) "Agreement" means this EULA
- b) "Parties" means the User(s) and dBar POS App
- c) "Party" means either the User or dBar POS App
- d) "dBar POS", "We" and "Software" means dBar POS, an app with business solutions.
- e) "Customer", "End User(s)", "You" and "Your" means the user(s) of dBar POS App
2. License Grants and Restrictions
dBar POS App, its features, trade names, designs and documentation are protected by copyright, intellectual property laws, proprietary rights and other laws of the United States. You therefore agree to abide by all applicable proprietary rights, laws and copyright notices or restrictions contained in this Agreement. The Software is licensed to You for use only in accordance with the terms and conditions of the Agreement, and cannot be sold in any sense whatsoever. dBar POS and its suppliers shall retain title and all ownership rights to the Software and this Agreement shall not be construed in any manner as transferring any rights of ownership of the Software or to any feature or information contained therein, except the limited rights to use as specifically stated herein. End Users must keep the Software, including documentation free and clear of all claims, liens, and encumbrances and ensure that no third party claims created by You will interfere with the ownership interest of dBar POS App.
3. Your rights
- a) use dBar POS App and any of its updates that are provided by the Party, in its sole discretion.
- b) You may use any new versions made available by dBar POS. We bear no responsibility to inform You of the availability of the updates.
YOU MAY NOT
- a) use dBar POS in any manner that breaches this Agreement or the laws of the United States. More precisely, You may not or attempt to:
- b) authorize or support other's attempt(s) to modify, adapt, translate, rent or sub-license the Software or cause any derivative work with dBar POS App.
- c) assign, loan, resell, rebrand, transfer or distribute the Software.
- d) decompile, reverse engineer or disassemble the Software, except only to the extent that such activity is expressly permitted by applicable laws notwithstanding this limitation.
- e) incorporate, integrate or otherwise include dBar POS App or any portion thereof into any other software programs, products or computer chip manufactured by or for You.
In case of violations to these provisions, We are entitled to immediately terminate this Agreement and pass on to You the cost of any necessary remedy.
4. Description of services
dBar POS is available to You, subject to Your compliance with the terms and conditions of this Agreement. dBar POS offers a platform of services, with advanced tools and features which appear highly efficient in the world of business. The Party offers services, which include, but are not limited to; commission, tracking, payment platforms, phone tracking and text marketing with customers.
End Users are able to control their business operations with a number of products and services, thus allowing them to handle a list of features, which include, but is not limited to the management of expenses and payments, emails, verification of audits, calculation of tax and other innovative tools.
5. Customer Obligations
The Customer agrees to purchase the Software and services more particularly described in the Signup Page. The Customer acknowledges and accepts that Customer must:
- a) provide for their own access to the internet and make the payment as required.
- b) provide all equipment necessary to make such connection to the World Wide Web.
6. Fees and Payment
- (a) Customer shall pay the fees and charges as set forth in the applicable Sign Up Page, which shall include the costs of third party services or products, including increases thereto (collectively, the "Fees"). Fees shall be invoiced together with any applicable sales.
- (b) Customer is responsible for any taxes, duties, fees or surcharges that are imposed or authorized by regulatory and governmental entities, including but not limited to sales, use, gross receipts taxes and surcharges.
- (c) If Customer's service is disconnected due to non-payment or late payment by Customer, Customer shall be responsible for all costs incurred.
- (d) If plan prices change, existing accounts will retain the original Fees and the payment price the Customer signed up on. However, in case of any new accounts, which may apply to the same Customer, he/she shall pay for the new price accordingly.
All software plans are backed by a specific period of time as established by dBar POS App and is guaranteed for the same period of time after initial sign-up. After the same period, refund window will be passed; monthly, quarterly and yearly plans are not refundable. If cancellation is requested, Your payment information will be removed from the file and there will be no further charges. You will be able to use dBar POS for the time left on Your paid plan.
8. Disclaimer of warranties
You expressly agree that the use of the services is at Your own risk. We disclaim all warranties of any kind, whether express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular use or purpose and non- infringement.
dBar POS shall not be held liable to You for claims, liabilities of any kind arising out of or in any way related to the use of this Software by You or by third parties, whether such claims and liabilities are based on any legal or equitable theory. Moreover, We are not liable to You for any direct, indirect, incidental or consequential damages loss of business, telecommunication failures, the loss of data, miscalculations, viruses, spyware, loss of profits and expense and any tax position arising out of Your use or inability to use dBar POS, including reasonable attorney fees caused by the Customer's employees, agents, vendors or partners, whether such claims are brought under any theory of law or equity.
10. Limitation of liability
You agree that in no event will dBar POS App be liable for any loss, cost or damage incurred as a result of your receipt of or participation in third parties services. The entire cumulative liability of dBar POS by Barco Solutions Inc and its suppliers for any reason arising from or relating to this Agreement shall be limited to the amount paid by You for the use of the Software and services, unless otherwise separately agreed by dBar POS App.
11. Termination of Agreement
dBar POS App may terminate this Agreement and without notice if:
- a) dBar POS believes that You have violated or acted inconsistently with the spirit of this Agreement.
- b) You have materially breached a non-payment obligation or the applicable Sign Up Page and have failed to cure such breach following its receipt of notice of such breach.
You agree that We will not be liable to You for any termination of this Agreement or of Your access to dBar POS App. 4
- a) Taxes: Any United States (whether federal, state, or local) or foreign sales, use, taxes, assessments, or other governmental fees or charges arising from any payments made, or to be made, by the End User to dBar POS related to, or arising out of, this Agreement are the responsibility of, and shall be paid by, the You.
- b) Independent Contractor: The relationship between the Customer and dBar POS is that of an independent relationship. Neither Party is an agent, employee, or employer of, or partner or joint venture with, the other Party. At no time shall either Party make, or be entitled to make, any commitments or representations, or incur any charges, expenses, or obligations, for or in the name of the other Party.
- c) Equitable Remedies: The Customer acknowledges that any breach or threatened breach by the Customer of any provisions contained in this Agreement will result in irreparable and continuing harm to dBar POS for which We would not have adequate remedy at law. Therefore Customer accepts that in the event of any such breach or threatened breach, in addition to any other remedy at law or in equity, We shall be entitled to an injunctive relief or other equitable remedies to restrain the Customer from violating the provisions of this Agreement and the Customer hereby consents to the granting of such injunctive relief or other equitable remedy by any court of competent jurisdiction.
13. Governing law
This Agreement shall be governed by and construed in accordance with the laws of Philadelphia that is in the State of Pennsylvania, United States, without reference to the conflicts of law?s provisions thereof. This Agreement shall be deemed to be performed and delivered within the United States of America. Any action, suit or other legal proceeding arising under, or relating to, any provision of the Agreement may be commenced in any court of the State of Pennsylvania (or, if appropriate, a federal court located within the State of Pennsylvania), and the End User consents to the jurisdiction of such a court.