AAAPOS RetailManager Licence Agreement

AAAPOS Pty Ltd
Website: www.aaapos.com
© AAAPOS Pty Ltd 01/03/2022. All rights reserved.

Disclaimer

Information supplied by the member companies of the AAAPOS group (whether in user documentation and other literature, video or audio material,training courses, websites, advice given by staff, or provided by other means) is intended only to illustrate general principles, and may not be complete, accurate or free of error. As accounting standards, taxation requirements, legislation and the circumstances of individual businesses vary widely, this information cannot be considered authoritative and may not apply to your specific situation. You should obtain competent advice from a qualified accounting, taxation, information‐technology, or legal professional before acting on such information. To the extent permitted by law, member companies of the AAAPOS group are not liable for any special, consequential, direct or indirect damages arising from loss of function, profits or data resulting from your application of such information. In the event that any of the above limitations are found to be unenforceable, the AAAPOS member company’s liability is limited to the return of any fees or monies paid for the purchase of the product or service.

Trademarks

RetailManager™, RetailReady™, RetailHospitality™ RetailManager®, RetailManager Professional®, RetailManager Standard® and RetailHospitality® are trademarks or registered trademarks of AAAPOS Pty Ltd and their use is prohibited without prior consent. MYOB®, MYOB Accountants Office®, MYOB AccountEdge®, MYOB Accounting™, MYOB Accounting Plus™, MYOB AccountRight Standard®, MYOB AccountRight Plus®, MYOB AccountRight Premier® MYOB AccountRight Enterprise®, MYOB BusinessBasics™, BusinessBasics™, MYOB CashBasics™, MYOB FirstEdge®, FirstEdge®, MYOB Premier®, Premier®, MYOB Premier Enterprise®, Accountants Office®, AccountEdge®, Accounting Plus™, MYOB RetailBasics®, RetailManager Enterprise®, MYOB RetailEnterprise™ and RetailEnterprise™are trademarks or registered trademarks of MYOB Technology Pty Ltd and their use is prohibited without prior consent. Ceedata, Solution 6 MAS and Xlon are registered trademarks or trademarks of Solution 6 Holdings Limited, a member of the MYOB group. Avery [labels] and the triangle icon are trademarks of Avery Dennison Corporation. Avery [scales] and Avery Berkel are trademarks or registered trademarks of Weigh‐Tronix, Inc. Citizen is a registered trademark of CBM, Inc. Code 128, EAN 13, EAN.UCC‐13 and EAN.UCC‐128 are trademarks or registered trademarks of Uniform Code Council, Inc. or EAN International. DPS and Payment Express are trademarks of Direct Payment Solutions Limited. Epson is a registered trademark of Seiko Epson Corporation. Ingenico is a trademark of Ingenico SA. Lotus 1‐2‐3 and SurePos are registered trademarks of IBM Corporation. Magellan is a registered trademark of PSC Inc. MagIC and SchlumbergerSema are trademarks or registered trademarks of Schlumberger Limited. MasterCard® is a registered trademark of MasterCard International Incorporated. Adobe®, Acrobat®, Acrobat Reader®, Adobe Reader®, PDF™, and PostScript® are trademarks or registered trademarks of Adobe SystemsIncorporated. Microsoft, Access, Excel, Internet Explorer, Office, Outlook, Smart Tags, Windows and Word are registered trademarks or trademarks of Microsoft Corporation in the United States or other countries. National is a trademark of National Australia Bank Limited. Paradox is a trademark of Corel Corporation. PartnerTech is a trademark of PartnerTech USA, Inc. Posiflex is a registered trademark of Mustek Corp. Provenco and Syncro are registered trademarks of ProvencoGroup Limited. Quicken and QuickBooks are registered trademarks of Intuit Inc. St George is a trademark of St.George Bank Limited. Samsung is a registered trademark of Samsung Electronics. Seagate Crystal Reports is a registered trademark of Seagate Software, Inc. Soteke is a trademark of Soteke Pty Ltd. Star is a trademark of Star Micronics Co. TEC is a trademark of TEC Australia Pty. Ltd. Toledo is a trademark of Mettler‐Toledo International Inc. Tyro is a trademark of MoneySwitch Limited. Unistat is a trademark of Unistat Pty Limited. VISA® is a registered trademark of Visa International Service Association. Wedderburn is a trademark of W.W. Wedderburn Pty Ltd. Westpac is a registered trademark of Westpac Banking Corporation. Other products mentioned may be service marks, trademarks or registered trademarks of their respective owners.

IMPORTANT ‐ SOFTWARE LICENCE AGREEMENT, READ THIS AGREEMENT CAREFULLY.

This Software Licence Agreement defines the terms of sale and use of the AAAPOS RetailManager software and related User Guide and explanatory materials (‘the Product’) and is the Licence referred to on the packaging of the Product. HOWEVER, if the Licence Agreement contains anything of which you were not aware prior to purchasing the Product or do not agree to be bound by, DO NOT INSTALL THE SOFTWARE but return the Product to the reseller in its entirety and a full refund of the purchase price will be made. For the purpose of this agreement the Product shall include any modified versions and upgrades subsequently licensed to you. By installing and retaining the Product you are confirming that you have purchased the Product subject to this Licence and are bound by its provisions.

1 Scope of License

AAAPOS Pty Ltd (‘AAAPOS’) through its local publishers, and distribution agents, hereby grants to you, the original purchaser, a paid‐up, personal, non‐exclusive and non‐transferable Licence to use the Product subject to the terms and conditions of this Agreement.

a Single Computer Network You may use the Product on only one computer network that you own or operate at a single physical location and only then in respect of data files created by you or by another licensed user. You May transfer the Product from one computer to another that you own or operate on this network provided that you do not use or permit the usage of the Product on more than the licensed number of computers or computer terminals at a time, nor permit the usage of the Product on more than one network at any one time, nor permit the Product to be used in respect of data files not created by you or by another licensed user. In the event of an upgrade or product exchange the Licence hereby granted is automatically transferred to the new version or product. All rights in respect of the original product shall lapse and no further use of same shall be permitted.

b Copies You may not copy or duplicate the Product, except as necessary solely for archival purposes, Product error verification, or to replace defective storage media, provided you keep the original and the copies. You may not alter, decompile or disassemble the Product. You may not make copies of the related explanatory materials.

c Transfers You may not sell, sub‐license, lease, rent or lend the Product or otherwise transfer any of your rights under this Agreement. Subject to the prior written consent of AAAPOS and the agreement of the transferee to be bound by the terms of this Agreement, you may permanently transfer the Product if selling your current business to the new owners (together with any backup copies you have made). The new owners will also be required to have an active support package. However, you may not retain any copies of the Product.

d Term The License granted in this Agreement is effective until terminated. You may terminate it at any time by destroying the Product, together with all copies, or by returning them to AAAPOS. If you fail to comply with any term or condition of this Agreement, this Licence will terminate and, upon any such termination, you agree to immediately destroy the Product, together with all copies, or to return them to AAAPOS. Termination of this Licence shall be in addition to and not in lieu of any other remedies available to AAAPOS. Where you have entered into a Subscription Agreement with AAAPOS in respect of your use of the Product, the Licence granted in this Agreement will terminate if the Subscription Agreement terminates.

e Protection and Security You agree to use your best endeavours and to take all reasonable steps to safeguard the Product to ensure that no unauthorised person has access to the Product and that there is no unauthorised copying or distribution of the Product.

f Subscription Sale If purchased under a subscription sale, the right to use the software relies on you continuing to pay the monthly subscription fee.

2 Product Support

Where purchased under a Subscription Sale in respect of your use of the Product, your payment of the monthly subscription fee entitles you to ongoing support for the current version of the Product. The initial purchase price of an upgrade or an outright license may include a period of support notified to you by AAAPOS. On the expiration of this period, further support can be obtained at your expense. You can choose an annual or monthly support agreement which is automatically charged on a monthly (minimum term 12 months) or annual basis. 30 days notice is required if you wish to cancel your support services.

3A Limited Warranty and Disclaimer

AAAPOS warrant that the media on which the Product is provided are free from defects in materials and workmanship under normal use for a period of 90 days from the date of your original purchase. Except for the limited warranty described above, the Product is sold ‘as is’, and you are the entire risk as to its quality and performance. It is your responsibility to verify the results obtained from the use of the Product.

If during the 90‐day limited warranty period, you discover physical defects in the media on which the Product is supplied, AAAPOS will replace it at no charge to you, provided you return the item to be replaced with proof of purchase to AAAPOS. THIS IS YOUR SOLE REMEDY. IN NO EVENT WILL AAAPOS BE LIABLE TO ANY PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES, EVEN IF AAAPOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion or limitation of implied warranties or of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights and you may also have other rights that vary from state to state. In the event that any of the above limitations or exclusions referred to in this section 3A or section 3B are held to be unenforceable, AAAPOS’s total liability shall not exceed the amount of the Licence fee you paid.

3B Australian Consumer Law

If you purchase the Product in Australia, this Agreement does not exclude, restrict or modify:

a the application of any provision of the Australian Consumer Law (whether applied as a law of the Commonwealth or any state or territory of Australia) (‘ACL’);

b the exercise of any right or remedy conferred by the ACL; or

c the liability of AAAPOS for a failure to comply with any applicable consumer guarantees where to do so would:

i. contravene the ACL; or
ii. cause any part of these provisions to be void.

5 Entire Agreement

This Licence (and Subscription Agreement if applicable) constitutes the entire agreement between AAAPOS and you and any prior representations, statement or undertaking howsoever made are expressly cancelled. No amendment or modification to this Licence shall be valid unless it shall be in writing and signed by an authorised representative of AAAPOS