PLEASE READ THIS EULA CAREFULLY BEFORE USING ANY YUZE SOFTWARE. BY USING ANY YUZE SOFTWARE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MUST NOT USE THE SOFTWARE.
- Application of this EULA
- This EULA incorporates and supplements the YUZE Terms & Conditions (General Terms and Conditions of Trading with YUZE) (“Agreement”) as updated from time to time. In the event of conflict between the terms of this EULA and the YUZE Terms & Conditions, the YUZE Terms & Conditions will prevail.
- General Use
- The Software, Systems, interfaces, content, fonts, documentation and any data that is provided by YUZE to the Customer under its Software licence (as may be updated or replaced by Software updates or System restore software provided by YUZE whether in read only memory, on any other media or in any other form) are licensed to the Customer (for the number of licences purchased only) on a non-exclusive, revocable, non-transferable basis for the Customer to make reasonable use of the YUZE System under the terms of this Agreement and not for any other purpose.
- YUZE retains ownership of the Software and reserves all rights not expressly granted to the Customer
- YUZE, at its discretion, may make available future updates to the Software for the Customer’s Epos System.
- The Customer shall carry out regular back-ups to removable media stored separately from the supported items and carry out other normal system housekeeping routines (disc defragging etc). YUZE shall not be liable for any loss or damage sustained or incurred by the Customer or any third party through loss or corruption of data resulting from any maintenance activity by YUZE required or performed under this Agreement. YUZE will use reasonable endeavours rectify any such loss of data or programs, but reserves the right to charge for such services.
- The Customer remains solely responsible for implementing adequate and industry standard virus protection measures to all parts of the YUZE System.
- Any additional software which is downloaded by the Customer, which is not already pre-installed on the System, is solely done at the Customer’s risk.
- The Customer is responsible for keeping the Software up-to-date and must accept automatic updates to the Software at all times. The Customer is responsible for keeping the operating system up-to-date with available patches and upgrades at all times.
- From time to time YUZE will deprecate older operating system versions, supporting Software or Hardware minimum specifications. YUZE will use reasonable endeavours to give 60 days’ notice in such circumstances and after this period the Customer must move away from any such deprecated Hardware, Software and/or operating systems at the Customer’s expense.
- Permitted Software licence uses and restrictions
- Each Software licence allows the Customer to use the Software on the specific point of sale terminals requested by the Customer at the point of purchase.
- Each licence does not allow the Software to exist on more than one point of sale terminal, and the Customer must not make the Software available over a network where it could be used by multiple devices or multiple computers at the same time, unless otherwise agreed in writing by YUZE.
- This EULA does not grant the Customer any rights to use YUZE proprietary interfaces or any other Intellectual Property Rights in the design, development, manufacture, licensing or distribution of third party devices and accessories for use with the YUZE System. Except as and only to the extent expressly permitted in this EULA or by applicable law, the Customer must not copy, decompile, reverse engineer, disassemble, and attempt to derive the source code of, decrypt, modify, or create derivative works of the Software (or any updates), the YUZE Systems, or any part thereof. Any attempt to do so is a violation of the rights of YUZE. If the Customer breaches this restriction, it may be subject to prosecution and damages.
- The Customer may not rent, lease, lend, charge, redistribute or sub-license the YUZE Software or Software updates.
- Termination
- This EULA is effective until terminated in accordance with the Agreement. The Customer’s rights under this EULA will terminate automatically without notice from YUZE if the Customer fails to comply with any term(s) of this EULA. Upon the termination of this EULA the Customer’s Software will be restricted