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Dog Daycare, Dog Boarding, and Dog Grooming - PAWS » Digital Products



The following aggreement applies to the purchase of digital products:

 

SOFTWARE LICENSE AGREEMENT

 

This Software License Agreement ("Agreement") is made and effective the date of purchase by and between Paws LLC ("Developer") and  purchaser ("Licensee"). Developer has developed and licenses to users its software program marketed under the name Paws LLC. (the "Software").

Licensee desires to utilize a copy of the Software.

NOW, THEREFORE, in consideration of the mutual promises set forth herein, Developer and Licensee agree as follows:


1.  License.

Developer hereby grants to Licensee a perpetual, non-exclusive, limited license to use the Software for the named business on licensee’s Invoice only, as set forth in this Agreement.


2.  Restrictions.

Licensee shall not license or sublicense the Software, or transfer or convey the Software or any right in the Software to anyone else without the prior written consent of Developer. Licensee may make one copy of the Software for backup or archival purposes.  Licensee shall only use the software to develop a single franchise for the named business on licensee’s invoice only. All information or items developed by licensee and submitted to Developer shall be considered useable by Developer to improve and extend the Software for Developer’s use.


3.  Fee.

In consideration for the grant of the license and the use of the Software, Licensee agrees to pay Developer the Software Fee. The warranty does not allow for a refund for the purchase of the software.


4.  Warranty of Title.

Developer hereby represents and warrants to Licensee that Developer is the owner of the Software or otherwise has the right to grant to Licensee the rights set forth in this Agreement.  In the event of any breach or threatened breach of the foregoing representation and warranty, Licensee's sole remedy shall be to require Developer or to either:  i ) procure, at Developer's expense, the right to use the Software, ii) replace the Software or any part thereof that is in breach and replace it with Software of comparable functionality that does not cause any breach. Payment of the license fee shall be made prior to delivery of the Software and is non-refundable.


5.  Warranty of Functionality.

A.  For a period of Thirty (30) days following delivery of the Software to Licensee (the "Warranty Period"), Developer warrants that the Software shall perform in all material respects according to the Developer's specifications concerning the Software when used with the appropriate computer equipment. Licensee's sole remedy shall be that Developer shall correct the Software so that it operates according to the warranty.  The warranty does not allow for a refund for the purchase of the software.   This warranty shall not apply to the Software if modified by anyone or if used improperly or on an operating environment not approved by Developer.

B.  In the event of any defect in the media upon which the Software is provided arising within thirty (30) days of the date of delivery of the Software, upon return to Developer of the Software upon the original media, Developer shall provide Licensee a new copy of the Software. The warranty does not allow for a refund for the purchase of the software.

 

6.  Software Maintenance.

A.  Standard maintenance.  During the Warranty Period, Developer shall provide to Licensee any new, corrected or enhanced version of the Software as created by Developer.  Such enhancement shall include all modifications to the Software which increase the speed, efficiency or ease of use of the Software, or add additional capabilities or functionality to the Software, but shall not include any substantially new or rewritten version of the Software.

 

B.  Optional maintenance.  After expiration of the Warranty Period, Licensee may continue to receive maintenance support for successive twelve (12) month periods.  The charge for such optional maintenance support shall be Developer's regular list price for maintenance and support for the Software as published from time to time by Developer.  Licensor shall notify Developer in writing if it desires to receive optional maintenance.  If Licensee fails to take optional maintenance and later elects to receive it, Developer reserves the right to charge Licensee its maintenance fees for the period of the lapse in maintenance.  Developer may elect to discontinue maintenance at any time upon notice to Licensee, and refund of any then unearned maintenance fees. The warranty does not allow for a refund for the purchase of the software.

 

7.  Payment.

Payment of the license fee shall be made prior to delivery of the Software and is non-refundable. Purchaser hereby agrees to make full payment on any products purchased on a time payment basis whether a credit card used is able to be charged or not. If on a time payment basis then ongoing payments are the responsibility of purchaser and purchaser's company regardless of the amount of credit available on the credit card. The warranty does not allow for a refund for the purchase of the software. If Paws LLC, the copyright owner, brings a civil action against you non payment or illegal distribution of the software, the owner can seek to stop you from using its software immediately and can also request monetary damages. The copyright owner may then choose between actual damages, which includes the amount it has lost because of your infringement as well as any profits attributable to the infringement, and statutory damages, which can be as much as $150,000 for each program copied. In addition, the government can criminally prosecute you for copyright infringement. If convicted, you can be fined up to $250,000, or sentenced to jail for up to five years, or both.

 

 8.  Taxes.

In addition to all other amounts due hereunder, Licensee shall also pay to Developer, or reimburse Developer as appropriate, all amounts due for property tax on the Software and for sales, use, excise taxes or other taxes which are measured directly by payments made by Licensee to Developer.  In no event shall Licensee be obligated to pay any tax paid on the income of Developer or paid for Developer's privilege of doing business.

 

9.  Warranty Disclaimer.

DEVELOPER'S WARRANTIES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The warranty does not allow for a refund for the purchase of the software.

 

10.  Limitation of Liability.

Developer shall not be responsible for, and shall not pay, any amount of incidental, consequential or other indirect damages, whether based on lost revenue or otherwise, regardless of whether Developer was advised of the possibility of such losses in advance.  In no event shall Developer's liability hereunder exceed the amount of license fees paid by Licensee, regardless of whether Licensee's claim is based on contract, tort, strict liability, product liability or otherwise.

 

11.  Notice.

Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by personal delivery or by certified mail, postage prepaid, or recognized overnight delivery services. 

 If to Developer: Paws LLC, 3681 Tamiami Trail, Port Charlotte, Florida, 33952

If to Licensee:  At Licensee's business and/or home address

 

12.  Governing Law.

This Agreement shall be construed and enforced in accordance with the laws of the state of  Florida, United  States of  America and that any dispute shall have venue in Maricopa County, Arizona under the laws of the State of Arizona, United States of America.

 

13.  No Assignment.

Neither this Agreement nor any interest in this Agreement may be assigned by Licensee without the prior express written approval of Developer.

 

 

14.  Final Agreement.

This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof.  This Agreement may be modified only by a further writing that is duly executed by both parties.

 

15.  Severability.

If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.

 

16.  Headings.

Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.

17. Use At Own Risk

The data on this website is for informational purposes only, and does not constitute professional advice or even purport to amount to an opinion. Since every legal issue is different, suitable legal counsel should be consulted to advise on and resolve specific matters. The documents on this website are made available as guides only and you use them at your risk. This means that you accept that www.pawsdogdaycare.com and  its webmasters, owners, assigns, employees or volunteers will not be liable in any respect concerning wording of the documents, or their interpretation, or any disputes which may arise from their use.

IN WITNESS WHEREOF, Developer and Licensee have agreed to Software License Agreement on the day and year purchased and do agree to the terms and conditions of this license and licensee by purchasing the software license agrees that the warranty does not allow for a refund for the purchase of the software

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