Software EULA

By purchasing and using our software you agree to the following...

Please read this End User License Agreement (“EULA”) before You purchase and use the Software.

By purchasing and using the Software, You agree, without reservation, to be bound by the terms of this EULA. If You do not agree with the terms of this EULA, please do not purchase and use the Software.

If You accept the terms and conditions in this EULA on behalf of a company or other legal entity, You warrant that You have full legal authority to accept the terms and conditions in this EULA on behalf of such company or other legal entity, and to legally bind such company or other legal entity.

You may not accept this EULA if You are not of legal age to form a binding contract with Bar Cop.

Definitions

In this EULA the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise:

“Documentation” the detailed information about the Software, its features and the system requirements as made available on the website of Bar Cop, as amended from time to time;

“Full version” the license for the Software for the term specified on the webpage of the store where You purchase the license, or in any applicable agreement concerning the purchase of the license to Use the Software;

“Open Source Software” any software that requires as a condition of use, copying, modification and/or distribution of such software that such software or other software incorporated into, derived from or distributed with such software (a) be disclosed or distributed in source code form, and (b) be licensed for the purpose of making and/or distributing derivative works, and (c) be redistributable at no charge;

“Software” any software application and/or all of the contents of the files and/or other media, including software setup files, licensed to You by Bar Cop, including any Updates;

“Updates” any modified versions and updates of, and additions to the Software (excluding upgrades of the Software);

“Use” the access, download, install, copy or get benefit from using the Software in accordance with the documentation.

“You” you, the final and ultimate user of the Software or the authorized representative of a company or other legal entity that will be the final and ultimate user of the Software, and the company or other legal entity that will be the final and ultimate user of the Software, if applicable.

General

This EULA applies to any licenses granted to You by Bar Cop for the use of the Software.

By purchasing the Software and/or downloading and using the Software, You enter into this EULA with Bar Cop.

This EULA may be modified from time to time. Bar Cop will notify you of such modifications on its website or otherwise, e.g. by using the email address used for the provision of the activation key. Any modifications to this EULA shall only apply upon acceptance by You.

License

Bar Cop grants You a non-exclusive, non-transferable, limited, revocable license to Use the Software in accordance with this EULA. Bar Cop reserves all rights not expressly granted to You.

Bar Cop is and remains the owner of any intellectual property rights with respect to the Software. You shall not acquire any ownership to the Software as result of Your purchase or Your Use of the Software.

Permitted use and restrictions

In order to be able to use the Software, Your computer shall meet the system requirements that can be found on: https://www.barcop.com

You may Use the Software at one establishment only (a specific licensed establishment), unless You have purchased more than one license. In the event You have purchased more than one license, the number of establishments You may Use the Software at shall not exceed the number of the licenses purchased. If You exceed the limit, Bar Cop may terminate this agreement.

You shall Use the software in accordance with applicable laws and shall not:

rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit the software;

reassign the license or software without prior written approval of Bar Cop;

use the software for any unlawful or illegal activity, or to facilitate an unlawful or illegal activity;

delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the Software; or copy (except as otherwise provided in this EULA), adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Software or any parts thereof, except to the extent permitted by applicable law.

Bar Cop may modify the Software at any time at its sole discretion and without notice to You, for example to comply with applicable law or a court order, to avoid a third party infringement claim or to provide Updates and upgrades.

Certain components of the Software are Open Source Software and licensed under the terms of the applicable license(s) of the Open Source Software.

Maintenance and support

You will be entitled to receive email support for a one year (365 days) from the date of purchase of Bar Cop PRO. In order to receive support after the initial one year period, You will need to purchase a new support plan.

Any maintenance and support provided by Bar Cop, will be provided in an adequate way on an “as is” basis without any warranty, as soon as reasonably practicable, subject to availability of personnel.

Use of data

Bar Cop and its subsidiaries may periodically collect and use technical and related data concerning the Software You have licensed, including about the version number of the Software You have installed and about the system You have installed the Software on. Bar Cop will use such data to facilitate maintenance and support with respect to the Software, to improve its products and to provide further services or technologies to You.

Bar Cop may process personal data with respect to You, if and to the extent necessary to provide maintenance and support to You with respect to the Software and to comply with its obligations under this EULA. To the extent Bar Cop will process personal data, it will comply with its obligations under applicable data protection law. Please see our privacy policy on https://www.barcop.com for more details on the processing of Your personal data that Bar Cop has collected and received through its website.

Disclaimer

You Use the Software at Your own risk and the entire risk as to satisfactory quality, performance and accuracy is with You.

The Software and accompanying documentation are provided on an “as is” and “as available” basis without warranty - express or implied- of any kind, and Bar Cop specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by Bar Cop, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and You may not rely upon such information or advice.

Liability limitation

The liability of Bar Cop and any third party that has been involved in the creation, production, or delivery of the Software for all damages arising out of or in any way relating to the Software and/or this EULA shall in no event exceed the total amount of $99.

Bar Cop and any third party that has been involved in the creation, production, or delivery of the Software are under no circumstances liable for consequential or indirect damages (including damage for loss of profit, business interruption, loss of data, and the like arising out of the use or inability to use the Software).

The limitations of liability shall not apply in the event that: (i) any negligence on the part of Bar Cop leads to death or physical injury or (ii) damages arise from the intent, willful misconduct or gross negligence of Bar Cop or the management of Bar Cop.

Termination

This EULA will continue to be in force until the expiry or termination of use.

Bar Cop is entitled to terminate the license term with immediate effect and without prior notice in the event You fail to comply with the terms in this EULA, or in the event Bar Cop is required to do so by law or an order of an applicable court.

Upon termination of the license, You shall cease all use of the Software and shall destroy all copies thereof.

You acknowledge that the provisions of this EULA, which by their nature are intended to survive termination, will remain in effect after termination of this EULA.

Governing law and disputes

This EULA shall be governed by and construed in accordance with the laws of the United States of America, excluding its conflicts of law rules.

Any dispute between Bar Cop and You shall exclusively be submitted to the competent court in Houston, Texas USA.