License Agreement

License Agreement

TERMS FOR USE OF UNIQUE SALON SOFTWARE:

LICENSE  AGREEMENT AND SERVICES.

IMPORTANT READ CAREFULLY;

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND UBS, INC./UNIQUE SALON SOFTWARE.   BEFORE OPENING AND  CONTINUING  WITH THE INSTALLATION OF THE PROGRAM, YOU MUST READ, ACKNOWLEDGE AND ACCEPT THE TERMS AND CONDITIONS OF THE SOFTWARE LICENSE AGREEMENT WHICH FOLLOWS. IF YOU DO NOT AGREE OR  ACCEPT THE TERMS AND CONDITIONS OF THE SOFTWARE LICENSE,  YOU MAY  RETURN THE  UNOPEN MEDIA PACKAGE AND ALL  ACCOMPANYING ITEMS (INCLUDING WRITTEN MATERIALS AND BINDERS OR OTHER  CONTAINERS), TO THE PLACE YOU OBTAINED THEM FOR A FULL REFUND; ABSOLUTELY NO REFUNDS ALLOWED ON OPENED SOFTWARE PACKAGE.  

1. GRANT OF LICENSE. UNIQUE BUSINESS SYSTEMS, INC. ("Unique"), grants to you, the end user, a personal,  nonexclusive license to use a single copy of this software program, including any updates, additional modules, or additional software provided by Unique in connection therewith (the "Software"), solely for your Business use, and solely in  accordance  with the terms and conditions of  this license agreement.  You may install this Software into a single computer, solely as necessary to use the Software in accordance with this license agreement.  

2.   INSTALLATION AND USE.  Unique Salon Software is licensed to you in one of four potential configurations:  (1) Single User License (2) Multiple User License (3) Upgrade License (4) Evaluation License and (5) Subscription License. You may install and use (in the manner provided) only those configuration(s) for which you have obtained a license. Licenses for Unique salon Software are individual named user licenses. No license may be shared, in any capacity, by the end user.   

(1) Single User License.  You may install and use a single copy of the Software on a single computer.  You may access the Software from a hard disk, over a network, or by any other method; strictly in accordance with the terms hereof.  You may use each licensed copy of the Software only on a single computer. 

(2) Multiple User License.   You may have as many workstations in use on a network as are specifically authorized in the Software documentation.  Unique grants you a nonexclusive license to use one copy of the Software on a single computer and up to the total number of, licenses you are acquiring to run the software on the network. You may access the Software from a hard disk, over a network, or by any other method; strictly in accordance with the terms hereof. 

(3) Upgrade License.  You may use one copy of the Software on a single computer, provided that you have a valid license to use and are upgrading an earlier version of the Software.  

(4) Evaluation License.  You may use one copy of the Software on a single computer, for a period as specified on the Software; however, not to exceed the time limit specified. You are acquiring only the limited right to use a single copy of the Software for evaluation purposes. You are not acquiring any rights to the Software itself. 

(5) Subscription License. You may use one copy of  the Software on a single computer, for a period as specified on the Software; however, not to exceed the time limit specified. You are acquiring only the limited rights  to use a single copy of the Software on a single computer for the time period that you have paid for during the subscription period only. During the subscription period you're entitled to  usage of the software, updates, standard E-mail/Fax support  and standard phone support free of cost. Please call Unique concerning its "standard" technical  support policies. You also agree to have Unique draft your credit card on file from which the initial down payment has been made.(i.e Visa/Mastercard/Discover/Amex). or from your checking account for the monthly or quarterly subscription due. You also agree to give Unique a 30day advance written notice by certified mail if you decide  to cancel your subscription. You also agree that there will be no subscription refunds. You also agree to the standard and technical support policies setup by Unique.  You also agree to purchase additional support namely  PRIORITY or AFTER HOURS support if you require a quicker or after hours response for phone support.

3. COPYRIGHT AND COPIES.  The Software (including any copy thereof), is owned by Unique or its suppliers and is protected by United States copyright and patent laws and international treaty provisions.  The Software copy is licensed, not sold to you, and you are not an owner of any copy thereof.  You may either (a) make one copy of the Software solely for backup or archival purposes, or (b) transfer the Software to a single hard disk provided you keep the original solely  for backup or archival purposes.  You may not  otherwise copy the Software except as expressly authorized by applicable law, and you may not copy the written materials accompanying the Software. Unique hereby reserves all rights not explicitly granted in this software license agreement. 

5. OTHER RESTRICTIONS.  You may not rent or lease the Software, but you may transfer your license for the Software and accompanying written materials on a permanent basis provided you retain no copies and the recipient agrees to the terms of this Agreement. If the Software is an update, any transfer must include  the update and all prior versions.  You may not modify or translate the Software.  You may not reverse engineer, decompiled or disassemble this Software. 

6. DUAL MEDIA.  If the Software package contains more than one CD-ROM copies, then you may use only one of the media appropriate for your computer system.  You may not use the other media on another computer or loan, rent, lease, or transfer them to another except as part of the permanent transfer (as provided above), of all Software and written materials.  Notwithstanding the form of media you elect to use, you may use only one version of the Software, but not both. 

7. LIMITED WARRANTY AND REMEDY.  Unique warrants the physical media (e.g. diskette(s) or CD-ROM), and the physical documentation, to be free of  defects in materials and workmanship for a period of  30 days  from the original purchase date.  If Unique receives notification within this warranty period of any such defects and such notification is determined to be correct, Unique will, at its sole option and discretion, repair or replace the media or documentation.  This limited warranty is void if the damage or defect has resulted from accident, abuse or misapplication.   

8. NO OTHER WARRANTIES.  THE LIMITED WARRANTY ABOVE IS EXCLUSIVE AND IN LIEU OF ALL OTHER CONDITIONS AND WARRANTIES FOR THE SOFTWARE AND DOCUMENTATION.  UNIQUE AND ITS SUPPLIERS MAKE NO OTHER CONDITIONS OR WARRANTIES, EXPRESS, IMPLIED,  STATUTORY OR OTHERWISE, AND EXPRESSLY DISCLAIM ALL OTHER CONDITIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT FOR THE SOFTWARE AND DOCUMENTATION, TO THE  FULLEST EXTENT PERMITTED BY APPLICABLE  LAW.   

9. LIMITED LIABILITY.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY SHALL UNIQUE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY COSTS OF SUBSTITUTE PRODUCTS, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE  OR  INDIRECT DAMAGES  

OF ANY KIND ARISING OUT OF THE LICENSE OF, USE OF, OR INABILITY TO USE ANY UNIQUE  SOFTWARE OR DOCUMENTATION, EVEN IF UNIQUE HAS BEEN ADVISED OF THE POSSIBILITY IF SUCH DAMAGES. THIS MEANS THAT UNIQUE IS NOT RESPONSIBLE NOR LIABLE FOR ANY COSTS INCLUDING BUT NOT LIMITED TO THOSE INCURRED AS A RESULT OF LOSS OF PROFITS OR REVENUE, LOSS OF USE OF THE COMPUTER PROGRAM, LOSS OF DATA, COST OF ANY SUBSTITUTE PROGRAM, CLAIMS BY ANY OTHER PARTY OR FOR OTHER  SIMILAR COSTS. 

10. TERM.  This license is effective until terminated.  You may terminate it at any time by destroying the Software together with all copies, modifications and  merged portions in any form.  It will also terminate automatically upon your failure to comply with any term or condition of this Agreement. In the event of such termination, you agree to promptly destroy the Software together with all copies, modifications and merged portions in any form. You further agree that there shall be absolutely no cash or credit card refunds if the software seal package is broken or opened.  

11. MISCELLANEOUS. This is the entire Agreement between you and Unique, supersedes any prior agreement, whether written or oral, relating to the subject matter of this Agreement.  The parties disclaim the application of the United Nations Convention on the International Sale of Goods.  This Agreement is governed by the laws of the State of Texas, U.S.A., without reference to conflict of laws principles.  All disputes arising out of this Agreement shall be litigated or otherwise resolved exclusively in the state of Texas, Tarrant County.  Unique is not responsible for any costs including but not limited to those incurred as a result of loss of profits or revenue, loss of use of the computer program, loss of data, cost of any substitute program, claims by any other party or for other similar costs.  If any provision of this Agreement is ruled invalid, such invalidity shall not affect the validity of the remaining portions of this Agreement. 

If you to transfer your license to use this software you must Send us a copy of a letter indicating such and the name address of the transferred party. Mail to: UBS, INC. 1201-121 Arbrook Blvd #989, Arlington, TX 76015 U.S.A