SmartCash RMS License Agreement

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SmartCash RMS License Agreement

SOFTWARE PRODUCT: SmartCash Retail Management System
Copyright (C) Magister Software SRL – All rights reserved
SmartCash is a registered trademark of Magister Software SRL

This License Agreement is a legal agreement between you as a User (individual or legal entity) and Magister Software SRL (hereinafter referred to as Magister Software) regarding the software product identified above, which includes: the programs themselves, the database, distribution and related online documentation, hereinafter referred to as PRODUCT. By installing, copying, transferring or any other action assimilated to the use of the PRODUCT, you agree to the terms of this License Agreement. If you do not agree to the terms of this License Agreement you have no right to install, copy, transfer or undertake any other action that may be construed as a use of the PRODUCT.

1. COMPONENTS AND EXTENSIONS OF THE PRODUCT

THE PRODUCT consists of a set of COMPONENTS and their EXTENSIONS.
PRODUCT COMPONENTS are stand-alone programs that run independently of each other but interact logically within the same software platform, ensuring specific functionalities. The specialization of certain COMPONENTS is increased through specialized applications (EXTENSIONS), which only work within the component for which they were made.

The software components of the PRODUCT are:

a. SmartCash Shop – Program for store management and operational management (BackOffice);
b. SmartCash POS – Program for sale through POS terminals with fiscal printer (FrontOffice);
c. SmartCash Kitchen Display – Application designed to manage through touchscreen screens the terms of production of portions in kitchens;
d. SmartCash POS Media Display – Application designed to display retail sales details via SmartCash POS to the end customer;
e. SmartCash Print Server – Application for remote printing on specialized equipment, from the level of SmartCash RMS applications;
f. SmartCash LiveSync – Service components that ensure the synchronization via Internet of SmartCash POS terminals with the store to which they belong;
g. SmartCash Mobility Server – Communication server with mobile wireless data collection terminals;
h. SmartCash Mobility for Android – Software for Android operating systems that allows mobile data operation using the SmartCash Mobility server;
i. SmartCash Check – Communication server with price verifiers;
j. SmartCash FastOrder – Module for automatic monitoring and generation of shortcuts (multiple daily commands);
k. SmartCash HQ – Program for the management and administration of department stores (Headoffice);
l. SmartCash NetBridge – Software for aggregating reported data from store networks equipped with SmartCash RMS;
m. SmartCash Lynx – Software for automating processes in SmartCash RMS stores or central exchanges;
n. SmartCash Everywhere Standard Server – Software that allows real-time data exchange within a network of SmartCash RMS stores;
o. SmartCash Everywhere REST Server – Software that represents the SmartCash RMS API interface with third party applications;
p. SmartCash Oxygen – Analysis and reporting application for store chains;
q. SmartCash Clocking – Application for timekeeping SmartCash RMS users;
r. SmartCash eCommerce Framework Service – How to interconnect and exchange data in real time between a network of stores and the SmartCash RMS eCommerce platform;
s. SmartCash Update Manager – Application for automatic updating of programs included in the SmartCash RMS platform;
t. SmartCash RMS Backup – Application for automatic backup of SmartCash RMS databases;
u. SmartCash Log Reader – Application for viewing the history of activities carried out by programs in the SmartCash RMS platform;
v. SmartCash Housekeeping – Utility for automatic maintenance of SmartCash RMS databases;

The extensions for the PRODUCT components are:
a. SmartCash Export Plug-In Central – Provides manual incremental reporting of a store’s transactions to the central store;
b. Plug-In SmartCash Universal Import – Ensures the import of information from external data sources;
c. Plug-In SmartCash Digital Scales – Provides programming of digital scales with labeling;
d. WizCount Plug-In – Provides reporting of store data to the WizCount application;
e. Saga Plug-In – Provides reporting of store data to the Saga application;
f. SmartCash Metro Gateway – Data exchange interface with the Metro Cash & Carry logistics platform;
g. SmartCash Fidelity extensions – Functionalities destined to customer loyalty, available within the SmartCash Shop and SmartCash HQ programs that can be activated in addition to the standard program version;
h. SmartCash Lyoness – How to interconnect SmartCash stores with the CashBack World loyalty system.
i. SmartCash Statistics – Utility for exporting commercial data to market research companies;

2. DEMONSTRATIVE USE

The PRODUCT can be used in demonstration mode for a limited period of time, established by mutual agreement with the MANUFACTURER, in order to evaluate the available functionalities. This period may not exceed a number of 30 (thirty) days of use.
After the expiration of the period of use in DEMO mode, it is mandatory to purchase the PRODUCT or, otherwise, to uninstall it. Uninstallation means the total destruction of programs, related databases, and related documentation on the terminal on which it was installed.

3. LICENSE RIGHTS

You have the right to use the PRODUCT on a single computer. To use the PRODUCT on multiple computers, a separate license must be purchased for each installation. The PRODUCT is not sold, but is Licensed.
In case of using the PRODUCT on a Terminal Server type device (Remote Desktop Connection, Cytrix Virtual Apps, etc.) for each different user a separate license must be purchased for the components of the PORDUS.
The license granted begins on the date on which you install, copy or use in any other way, for the first time, the PRODUCT and will continue only for the terminal on which you initially installed the PRODUCT or any of the components or extensions that make it up.
The license to use the PRODUCT may be permanent or rented, for recurring periods of time, established by mutual agreement with the User.

4. ACTIVATION

For unlimited use of the PRODUCT you must purchase activation keys for each component or extension that is part of the PRODUCT and that you choose to use. The activation key is uniquely generated, only for the terminal / user for whom you installed the PRODUCT. Activation is nominal. Activation can be done via Internet, Telephone or Fax, only directly from Magister Software. In order to obtain the activation key (s), you must prove the payment of the components or extensions of the PRODUCT for which you request the activation or to provide firm legal guarantees regarding their staggered or timely payment.

5. PROOF OF LEGAL PURCHASE

Proof of legal purchase of the product is the Invoice issued by Magister Software TOGETHER WITH the list of nominal activation certificates used to install the programs. It is forbidden to purchase licensing certificates through intermediaries, the only licensing authority being the manufacturer. After receiving the activation keys, they must be kept in a safe place, together with a copy of the invoice, constituting the proof of legal use that must be presented at a possible control.

6. USING THE NETWORK DATABASE

The database is an integral part of the PRODUCT and can be used in the network, through the SQL server used, exclusively through the components or extensions of the PRODUCT. Separate Licenses must be purchased for each of these. It is forbidden for the user to access the PRODUCT databases without the written consent of the manufacturer.

7. MOVING FROM ONE TERMINAL TO ANOTHER

Magister Software recognizes the user’s right to move the activated PRODUCT from one terminal to another, which is also owned by him. It is also allowed to update (upgrade) the physical components inside the terminal on which the PRODUCT has been installed. Following these operations, however, a new activation key must be purchased, corresponding to the new equipment on which the PRODUCT is installed.
Moving the PRODUCT from one terminal to another involves first uninstalling licenses from the old system using the ‘Uninstall License’ function with the generation of an uninstall confirmation code. When reinstalling it on the new terminal, in order to obtain a new activation code, it is necessary to communicate the uninstall code.

8. PRODUCT UPDATES (UPGRADES)

If the PRODUCT is labeled as an upgrade, in order to use the PRODUCT you must have a license to use a product identified by Magister Software as eligible for an upgrade. A PRODUCT labeled as an upgrade replaces or complements the product that is the basis for the eligibility for the upgrade. You may use the product resulting from the upgrade only in accordance with the terms specified in this License Agreement.

9. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

DECOMPILE
You may not modify, translate, decompile, disassemble or create derivative works from the PRODUCT or parts thereof, including constituent databases.

COPYING
You may not copy or multiply the PRODUCT or the related Documentation with the exceptions shown above.

RENTAL OR RESALE
You do not have the right to rent or resell the PRODUCT or the related Documentation.

PROPERTY NOTICES
You may not remove any notice of the PRODUCT property, labels or markings from the PRODUCT and the Related Documentation.

USING THE NAME SmartCash
You may not use SmartCash names or logos or trademarks in any form including, but not limited to, advertising and marketing and advertising materials of the User, except in the case of proprietary notices, as specified above. up.

SQL SERVER LICENSING INCLUDED
This Licensing Agreement does not extend to SQL Servers used by applications. These are subject to separate Licensing Agreements, with which you must agree in order to use the PRODUCT. This License Agreement is also presented to you during the installation process of the PRODUCT. By completing the installation of the PRODUCT, it is assumed that you also agree to the Licensing Agreements for the SQL Servers included in the installation kit.

10. TITLE

The title, copyright and intellectual property rights over the PRODUCT and related Documentation are owned by Magister Software. THE PRODUCT and the related Documentation are protected by the Romanian Copyright Law and by the international copyright treaties.

11. TERMINATION OF THE LICENSING AGREEMENT

The License Rights are in effect until the termination of the Licensing Agreement. The Licensing Agreement automatically terminates upon breach of one of the terms described in this Licensing Agreement. Upon termination, you have the obligation to destroy all copies of the PRODUCT and related Documentation.

12. WARRANTIES

DISTRIBUTION SUPPORT – CDROM
Magister Software warrants that the distribution media containing the PRODUCT is free from errors in the material or workmanship and will remain free of any errors for 30 (thirty) days from the date of purchase of the PRODUCT. Magister Software’s sole responsibility and the only remedy provided by Magister Software is to replace the defective media.

THE PRODUCT
The guarantee that the PRODUCT will work in accordance with the specifications entered in the related documentation will be limited to a period of 12 months (1 year) from the date of installation, determined as the date of generation of the first activation key of the PRODUCT. This warranty applies only to customers who hold the original license of the product. During the warranty period, Magister Software’s liability is limited to repairing the software problems of the product only if it is proved that these problems are errors or bugs in the manufacture. In no case does Magister Software guarantee that the software product has no errors and will work on the customer without interruptions or problems.
If any modification of the PRODUCT is made by the User during the warranty period or if the distribution medium (DVD-ROM) will be used abusively, improperly, will suffer an accident or if the User does not comply with one of the terms of this License Agreement, the warranty will terminate immediately.
No warranty will be given if the PRODUCT will be used in conjunction with hardware or software other than those specified in the Related Documentation.

PERIODIC TECHNICAL REVIEW
For the proper functioning of its programs, Magister Software requires the mandatory performance of specific technical overhaul activities on the databases, programs and / or equipment on which they are installed. The period of periodic technical revision is 6 months. List of technical operations to be performed during a mandatory technical overhaul available on the manufacturer’s website. Periodic reviews can be performed exclusively by staff authorized by Magister Software, whose list is available online at: https://www.magister.ro/partener-certificat-magister.
No warranty will be given if the PRODUCT is used beyond the limit of a periodic technical overhaul.

THIS IS A LIMITED WARRANTY AND IS THE ONLY WARRANTY GIVEN BY Magister Software. Magister Software MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THE RIGHTS OF ANY THIRD PARTY. DURATION OF WARRANTY GRANTED, INCLUDING BUT NOT LIMITED TO THE SALE, COMPATIBILITY OR NON-INFRINGEMENT OF THE RIGHTS OF A THIRD PARTY IS LIMITED TO THE PERIOD SPECIFIED ABOVE; CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS OF THE WARRANTY PERIOD SO THAT LIMITATIONS CANNOT BE APPLIED. NO AGENT OR EMPLOYEE OF Magister Software WILL HAVE THE RIGHT TO BRING EXTENSIONS OR ADDITIONS TO WARRANTIES.

13. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES OR DUE TO ANY JUDICIAL PRACTICE OR CONTRACT OR ANY OTHER WAY MAYOR INCLUDING BUT NOT LIMITED TO COMPUTER ERRORS OR MALFUNCTIONS, TROUBLESHOOTING, OR ANY OTHER DAMAGES AND COMMERCIAL LOSSES, OR FOR ANY DAMAGES EXCEEDING THE PURCHASE OF THE PURCHASE OF THE PRODUCT THE POSSIBILITY OF THE APPEARANCE OF SUCH DAMAGES OR FOR ANY CLAIM OF ANY OTHER THIRD PARTY.

14. MAINTENANCE

Magister Software undertakes to provide the User with updates of the PRODUCT for a fee. These updates will include corrections and modifications of the PRODUCT to increase its speed, efficiency and capacity, being available to any SmartCash RMS user with access to the update service.
Access to updates and new versions can be obtained by purchasing an Annual Subscription Subscription. Through it you can benefit from software maintenance on the product for periods of 12 months (1 year). The price will be set by Magister Software and will appear on its price list, being accessible to customers.
The price for the annual software subscription does not include technical support for equipment of any type purchased from Magister Software or one of its partners, technical and organizational assistance, training services or any other related services other than program updates. These services are the subject of specific contracts that may be concluded directly with Magister Software or one of its Partners.
Magister Software reserves the right to refuse to grant the annual subscription or to refuse the refund in case the User cannot benefit from the subscription purchased for the entire grant period.

15. INTEGRATION WITH THIRD PARTY SERVICES

PRODUCT Components or Extensions may be integrated with third party services in order to obtain additional functionalities. These services refer to but are not limited to: electronic payment services, online identification or security services, identification services for companies, payment services with cash substitutes, EDI data exchange services, etc.
For the provision of these services within the PRODUCT, Magister Software reserves the right to include additional costs (In App Purchases, ISV Fees or Subscription Fees) that will be communicated to the User through specific offers. Magister Software reserves the right to change these additional costs at any time, provided that the User is notified no later than 15 calendar days in advance.

16. MISCELLANEOUS

This Licensing Agreement is the full commitment that is concluded between the parties and will have the right of precedence over any previous commitments made between the parties. This Licensing Agreement may be amended only in writing by both parties.
ACCEPTANCE OF ANY PURCHASE ORDER BY THE USER IS EXPRESSLY CONDITIONED BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT AND NOT THE TERMS AND CONDITIONS OF THE PURCHASE ORDER. If any clause of this Licensing Agreement cannot be enforced for any reason, that clause will be reworded so that it can be applied. The rest of the clauses in the Licensing Agreement will remain in force.

Last update: November 10, 2021