Terms & Conditions
Please read this agreement carefully. By copying, installing, or using all or any portion of the software you accept all the terms and conditions of this agreement, including, in particular the provisions on: transferability, liability, connectivity and privacy. You agree that this agreement is like any written negotiated agreement signed by you. This agreement is enforceable against you and any legal entity that obtained the software and on behalf of use.
TRUFFLE POS INC. Systems products are not sold; rather, copies are licensed all the way through the distribution channel to the end user. UNLESS YOU HAVE ANOTHER AGREEMENT DIRECTLY WITH TRUFFLE POS INC. THAT CONTROLS AND ALTERS YOUR USE OR DISTRIBUTION OF THE TRUFFLE POS INC. PRODUCTS, THE TERMS AND CONDITIONS OF THE APPLICABLE LICENSE AGREEMENTS BELOW APPLY. Please read the agreements applicable for the products you want to use. Some software is distributed together as a collection. Please be careful to read the agreement.
"TRUFFLE POS INC." means TRUFFLE POS INC. Software Inc. an Ontario Corporation, "Software" means the Software named above including any media, documentation, and fonts that relate to that Software. The term "Software" also includes any future updates to the Software ("Updates" that are not delivered to you under separate terms.
2. General Use
Except as described, otherwise herein, you may install and use the Software in accordance with the documentation only on permitted number of your compatible computer into which you enter a valid license number. Access to and use of any non-licensed software is entirely at your own risk. Software, or portions of the software, that are provided with a license number designated for evaluation
purposes or other similar designation and that include an expiration date may only be used on Computers for demonstration, evaluation, and training purposes only. Access to and use of any such evaluation software is entirely at your own risk.
You will not rent, lease, sell, sublease, assign or transfer your rights in the Software, or authorize any portion of the Software to be copied onto another individual or legal entity's computer except as may be expressly permitted in writing by TRUFFLE POS INC. Systems. You may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software.
4. Limitation of Liability.
In no event will TRUFFLE POS INC. or its suppliers be liable for any damages, whatsoever, whether direct, indirect, special, incidental, or consequential damages, whether arising under contract, tort (including negligence), strict liability, breach of warranty, misrepresentation, or otherwise, including without limitation, damages for loss of business profits, business interruption, loss of business information, or
other pecuniary loss, arising out of the use of or inability to use the Software, or arising out of this agreement, even if TRUFFLE POS INC. or its representatives has been advised of the possibility of such damages. This limitation will apply even in the event of a fundamental or material breach or a breach of the fundamental or material terms of this agreement.
5. Connectivity and Privacy.
The Software may include technology designed to prevent unauthorized use and copying this technology may cause your computer to connect to the Internet without notice on install, on launch, and on an intermittent or regular basis thereafter. Once connected, the Software will transmit information to TRUFFLE POS INC. via an Internet connection. TRUFFLE POS INC. may use the transmitted information, as well as other
information you or third parties may provide to us, to detect or prevent the use of TRUFFLE POS INC. Software that is fraudulent, not validly licensed, or not used in accordance with a valid license.
6. Intellectual Property Ownership.
TRUFFLE POS INC. and its suppliers own all intellectual property rights in the Software. The Software is licensed, not sold. You will not install, copy, or use the Software in any manner not expressly permitted above. All rights not expressly granted under this agreement are reserved by TRUFFLE POS INC..
By updating the Software, you hereby voluntarily terminate your right to use any previous version of the Software. TRUFFLE POS INC. may deliver Updates to you on different terms.
8. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta without regard to its conflict of laws rules.
9. General Provisions.
Your rights to use the Software terminate immediately if you do not comply with any term of this Agreement. If any provision of this agreement is found unenforceable, only that provision, interpreted as narrowly as possible, will be held unenforceable and the rest of this agreement will remain valid and enforceable according to its terms. Sections 1, 2, 3, 4, 6, 7, 8, and 9 shall survive the termination of this
Agreement. I’ve read the above TRUFFLE POS INC. License Agreement and agree to the terms.
This agreement is for a one (1) year term.
Unless provided in the written notice, a payment deposit of 50% will be required at the start of the project. The remaining balance along with any change requests will be due upon completion of the installation (net 30 days). Failure to pay invoices on time will incur a 2% interest per month.
12. Credit card Payments
A 3% surcharge will be added to all credit card transactions.