SmartCash RMS License Agreement
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. SOFTWARE COMPONENTS OF THE PRODUCT
1.1 The product called SmartCash Retail Management System or SmartCash RMS, consists of a set of software APPLICATIONS, their EXTENSIONS and SERVICES running in the background.
1.2. PRODUCT components are stand-alone programs that run independently of each other but interact logically within the same software platform, providing unitary functionality together.
1.3. The functionality of certain APPLICATIONS is increased by means of EXTENSIONS (specialized software plug-in modules), which only work within the software component for which they were made.
1.4. For the implementation of process automation or communications between PRODUCT components or for integration with other third party applications, software SERVICES running in the background (Windows Service) are used, without having its own user operating interface.
1.5. PRODUCT SOFTWARE APPLICATIONS ARE:
a. SmartCash HQ – Application for store management and management (Headoffice);
b. SmartCash Shop – Application for store management and operational management (BackOffice);
c. SmartCash POS – Application for selling through POS terminals with fiscal printer (FrontOffice);
d. SmartCash Mobility Client for Android – Application for Android operating systems that allows mobile data operation using the SmartCash Mobility server;
e. SmartCash Kitchen Display – Application designed to manage by touchscreen the terms of production of portions in kitchens;
f. SmartCash POS Media Display – Application designed to display retail details via SmartCash POS to the end customer;
g. SmartCash Clocking – Application for timekeeping SmartCash RMS users;
h. SmartCash Oxygen – Analysis and reporting application for store chains;
i. SmartCash Log Reader – Application for viewing the history of activities carried out by programs in the SmartCash RMS platform;
1.6. EXTENSIONS for PRODUCT applications are:
a. SmartCash FastOrder – Module for monitoring and automatic generation of shortcuts (multiple daily commands);
b. Plug-In SmartCash Export Central – Provides manual incremental reporting of a store’s transactions to the central store;
c. SmartCash Universal Import Plug-In – Ensures the import of information from external data sources;
d. SmartCash Digital Scales Plug-In – Provides programming of digital scales with labeling;
e. WizCount Plug-In – Provides in-store data reporting to the WizCount application;
f. Plug-In Saga – Provides reporting of store data to the Saga application;
g. SmartCash Metro Gateway – Data exchange interface with Metro Cash & Carry logistics platform;
h. SmartCash Fidelity Extensions – Customer loyalty functionalities, available within the SmartCash Shop and SmartCash HQ programs that can be activated in addition to the standard program version;
1.7. THE SERVICES running in the background included in the PRODUCT are:
a. SmartCash Mobility Server – Communication server with mobile wireless data collection terminals;
b. SmartCash LiveSync – Service components that ensure the synchronization via the Internet of SmartCash POS terminals with the store to which they belong;
c. SmartCash Print Server – Service for network printing on specialized equipment, from the level of SmartCash RMS applications;
d. SmartCash Check – Communication server with price verifiers;
e. SmartCash NetBridge – Automatic service for aggregating reported data from store networks equipped with SmartCash RMS;
f. SmartCash Lynx – Service for automating processes in SmartCash RMS stores or exchanges;
g. SmartCash Everywhere Standard Server – A software server that allows real-time data exchange within a network of SmartCash RMS stores;
h. SmartCash Everywhere REST Server – Software server that represents the SmartCash RMS API interface with third party applications;
i. SmartCash eCommerce Framework Service – Real-time data interconnection and exchange service between a network of stores and the SmartCash eCommerce Framework web platform;
j. SmartCash Update Manager – Background service for automatic updating of programs included in the SmartCash RMS platform;
k. SmartCash RMS Backup – Automatic backup service for SmartCash RMS databases;
l. SmartCash Housekeeping – Service for the automatic maintenance of SmartCash RMS databases;
m. SmartCash Lyoness – Service for interconnecting SmartCash stores with the CashBack World loyalty system.
n. SmartCash Statistics – Service for exporting commercial data to market research companies;
2. PRODUCT VERSION
2.1. The PRODUCT version is permanently displayed in the header of the SmartCash Shop or SmartCash HQ applications used. THE PRODUCT VERSION is represented by a suite of numbers organized in 4 groups (eg 126.96.36.199).
2.2. The first group of numbers represents the MAJOR VERSION OF THE PRODUCT (ex. 18). THE MAJOR VERSION does not change in an annual software development cycle.
2.3. The second group of numbers represents the MINOR VERSION OF THE PRODUCT (ex. 0). This incremental counter may change during an annual development cycle, marking important software changes.
2.4. The third group represents the calendar month in which the respective version of the PRODUCT was developed (ex 11 = November) within the current annual development cycle.
2.5. The last group of numbers represents an increasing numerical counter meant to identify the physical process of compiling the programs (build number, ex.123).
3.1. The software is licensed, not sold. Under this agreement, Magister grants you the right to install and run one or more instances of the software components included in the PRODUCT as long as you comply with all the terms of this agreement.
3.2. You have the right to use the licensed software components included in the PRODUCT under the terms set forth for each license type in this Agreement.
3.3. The license granted begins on the date on which you install, copy or otherwise use, for the first time, software components included in the PRODUCT and will continue only for the terminal on which you have installed any of the components of the PRODUCT.
4. TYPES OF LICENSES AND LICENSE RIGHTS
4.1. PERMANENT APPLICATION LICENSE (LPA) – Permanent license that allows the use of a single instance of the licensed program (APPLICATION or EXTENSION) in a single Windows work session at a time. The LPA license provides the right to permanently use the program included in the PRODUCT VERSION available on the license date.
4.2. PERMANENT DEVICE LICENSE (LPD) – Permanent license that allows the use of a single instance of the pre-installed program on a digital device provided by Magister. The LPD license ensures the right to permanently use the program included in the PRODUCT VERSION available at the time of licensing.
4.3. PERMANENT SERVICE LICENSE (LPS) – A permanent license that allows the use of a single instance of a service running in the background within the PRODUCT. The LPS license provides the right to use the service included in the PRODUCT VERSION available on the license date.
4.4. RENTED APPLICATION LICENSE (LIA) – The license that allows the use for a limited period of time of a single instance of the licensed program (application or extension) in a single Windows work session at a time. The right of use is limited in time to the duration for which the rent is paid. The LIA license includes the right to use the latest VERSION OF THE PRODUCT. The LIA leased license also includes software maintenance, giving the user access to the latest version of the program through an update.
4.5. RENTED SERVICE LICENSE (LIS) – The license that allows the use for a limited period of time of a single instance of a service running in the background within the PRODUCT. The right of use is limited in time to the duration for which the rent is paid. The LIA license includes the right to use the program included in the latest VERSION OF THE PRODUCT. The LIA leased license also includes software maintenance, giving the user access to the latest version of the program through an update.
4.6. EVALUATION LICENSE (LE) – The license that allows the use for a limited time of a single instance of the licensed program (application, extension, or service) in a single Windows work session at a time or on a device for evaluation. available features. This period may not exceed 30 (thirty) days of use. After the expiration of the evaluation period, 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.
5. ELECTRONIC ACTIVATION OF LICENSES
5.1. In order to work, all licensed software components must be activated. Activation of licenses is done exclusively electronically, online, via the Internet using the Magister activation server.
5.2. In order to obtain the activation permission for permanent licenses, you must prove the payment of the licenses for all the components of the PRODUCT for which you request the activation or to provide firm legal guarantees regarding their staggered or timely payment.
5.3. In the case of fully paid LPA and LPS permanent licenses, Magister will activate the license for an unlimited duration of use as soon as the license has been paid.
5.4. In the case of permanent LPA and LPS licenses with staggered payment, Magister will allow the activation and therefore the use of the licensed software components only for a period of time equal to the duration until the next established payment term, in relation to the current date. After making a staggered payment, activation will be extended until the next deadline. Upon payment of the last installment, the license will be permanently activated, so it can be used indefinitely.
5.5 In the case of LIA or LIS leased licenses, Magister will activate the licenses used for successive periods equal to the rental period, only after the user has paid the rent for the following period.
5.6. The due date in the context of this article is defined as the date on which the amounts due were actually credited to Magister’s bank account.
5.7. Magister does not assume any responsibility for the losses suffered by the User as a result of the blocking of the program due to the expiration of the activation term in the conditions in which the due payment was not made within the term established with the User.
6. MOVING, REALOCATION, ACTIVATION, DEACTIVATION OF LICENSES AND ELECTRONIC VALIDATION OF THE LEGAL USE OF THE PRODUCT
6.1. Magister acknowledges the user’s right to move, freely relocate, activate or deactivate the licensees for the software components of the PRODUCT from one physical terminal to another owned by him, exclusively under the conditions stipulated in this article.
6.2. Moving user licenses from one terminal to another involves first deactivating the online electronic licenses on the old system. Only after a license has been issued on one terminal can it be re-allocated for use on another. This process is done electronically, via the Internet, and can be performed at any time and unlimited.
6.3. In order to validate the compliance with the licensing conditions included in this agreement, the user undertakes to ensure the internet access of all terminals using SmartCash RMS software licenses to the Magister validation server. On this occasion, when used, the licensed software components will automatically validate their right of use online.
6.4. If the licenses could not be validated online for more than 30 calendar days, the respective programs will be blocked until the internet connection is restored.
6.5. Magister assumes no responsibility for any loss suffered by the User as a result of blocking the program due to exceeding the maximum period of electronic validation of licenses used via the Internet.
7. PROOF OF LEGAL PURCHASE
7.1. Proof of legal purchase of the PRODUCT is the Invoice issued by Magister. It is forbidden to purchase licenses through intermediaries, without the prior written consent of Magister.
8. USING THE NETWORK DATABASE
8.1. The database is an integral part of the PRODUCT and can be used on the network, through the SQL server used, exclusively through the components or extensions of the PRODUCT. It is forbidden for the user to directly access the PRODUCT databases without the prior written consent of the manufacturer.
9. SOFTWARE MAINTENANCE
9.1. Software maintenance involves the User’s access to PRODUCT updates with new versions, which contain legislative updates, bring functional improvements or make program corrections. Maintenance is available as an annual subscription (subscription) and is available for both MINOR VERSIONS and MAJOR PRODUCT VERSIONS.
9.2. For all types of permanent licenses, software maintenance is mandatory, its cost being highlighted separately on the purchase invoice for each software license. The guarantee of the software product is ensured exclusively in the conditions of the existence of an annual software maintenance subscription.
10. SMARTCASH RMS SOFTWARE MAINTENANCE CONDITIONS
10.1. Permanent licenses for SmartCash RMS programs can only be purchased with an annual subscription for software maintenance. The value of this annual subscription is calculated as a percentage of the total list price contracted at the date of purchase (without discount) of all licenses. The subscription for the first year must be paid together with the corresponding licenses. The expiration date of the initial annual subscription is calculated as the contract date + 365 days. This date becomes the anniversary renewal date (expiration date) each year.
10.2. In case of renewal of the annual subscription before the expiration date, the price for the access to the maintenance of the programs is the standard one, equal to the percentage established from the total value of the licenses at the price with which they were contracted each. Magister grants a grace period of 15 calendar days from the expiration date of the annual subscription, within which customers can still benefit from the standard access fee for software maintenance.
10.3. If the annual subscription has expired and the grace period of 15 days mentioned in point 10.2 has been exceeded, for the entire duration of the first 365 days elapsing from the expiration date, reactivation of the annual subscription and therefore access to the latest version of programs is possible at a price equal to the current full list price of active licenses to which a 70% discount applies.
10.4. If the annual subscription has expired and a period equal to 365 days has elapsed from the expiration date, for the entire duration of the remaining 365 days starting from that date, the reactivation of the annual subscription and therefore access to the latest version of programs is possible at a price equal to the current list price of active licenses to which a 30% discount applies.
10.5. If the annual subscription has expired and a period equal to 730 days has elapsed from the expiration date, reactivation of the annual subscription and therefore access to the latest version of the program is possible at a price equal to the current list price of active licenses at which does not apply to any discount.
10.6. In the case of the purchase of additional SmartCash RMS licenses, within an annual subscription period, only the corresponding value of the software maintenance will be paid with the licenses for a period equal to the number of days remaining until the next anniversary date of the subscription.
10.7. Annual maintenance shall be paid exclusively for active program licenses, that is, those licenses that are actually associated with a hardware terminal, activated and electronically validated in accordance with Article 6 of this Agreement.
10.8. The verification of active licenses for the entire duration of a subscription interval is performed only once a year, on the anniversary date of the subscription, any differences, plus or minus being regularized from the invoice of the next subscription interval.
10.9. For all situations, the activation or deactivation date of a license is the 1st (first) date of the month following the interruption / activation action.
10.10. If the annual maintenance is not renewed, Magister reserves the right not to pay the differences recorded minus the use of licenses for the past period.
10.11. The annual software maintenance does not include technical support for any type of equipment purchased from Magister 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 the Magister or with one of its Partners.
10.12. Software maintenance for the next annual interval, including the regularizations provided in art. 10.8 is invoiced by the Magister in LEI at the exchange rate BNR LEU / EURO (€) valid on the date of invoicing, 15 calendar days before the current anniversary date, the payment term being also 15 calendar days.
10.13. If the User no longer wishes to renew the software maintenance for the next annual period, he must send his request in writing to Magister at least 30 calendar days before the anniversary date. In this case, the User automatically assumes the costs of subsequent renewal in accordance with Articles 10.3, 10.4 and 10.5 of this Agreement. It also expresses its agreement to waive any regularization related to the periods of non-use of the licenses held in accordance with art.10.7 of this agreement.
11. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
You may not modify, translate, decompile, disassemble, or create derivative works from the PRODUCT or parts thereof, including constituent databases.
You may not copy or multiply the PRODUCT or the related Documentation with the exceptions shown above.
11.3. RENTAL OR RESALE
You do not have the right to rent or resell the PRODUCT or the related Documentation.
11.4. PROPERTY NOTICES
You may not remove any notice of PRODUCT property, labels or markings from the PRODUCT and the Related Documentation.
11.5. USING THE NAME SmartCash
You may not use the SmartCash logo or trademarks in any form, including but not limited to, advertising and marketing and advertising materials of the User, except in the case of notices of ownership, as specified above. up.
12. SQL SERVER LICENSING INCLUDED
12.1. 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.
13.1. The title, copyright and intellectual property rights to the product and the related online Documentation belong to Magister. The PRODUCT and the related Documentation are protected by the Romanian Copyright Law and by the international copyright treaties.
14. TERMINATION OF THE LICENSING AGREEMENT
14.1. The license rights are in force 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.
15.1. Magister 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’s sole responsibility and Magister’s sole remedy is to replace the defective media.
15.2. The guarantee that the PRODUCT will work in accordance with the specifications entered in the online user manual, available at https://help.smartcash.ro is limited to a period of 365 days (1 year) from the date of installation, determined as the date of generation the first electronic activation of the PRODUCT. This warranty applies only to customers who license the product and have paid an annual subscription for software maintenance related to the corresponding licenses.
15.3. During the warranty period, Magister’s liability is limited to fixing software problems with the product only if it is proven that these problems are errors or bugs in the manufacture. In no case will Magister guarantee that the software product has no errors and will work on the customer without interruptions or problems.
15.4. If any modification of the PRODUCT is made by the User during the warranty period or if the distribution medium is used abusively, improperly, he will suffer an accident or if the User does not comply with any of the terms of this License Agreement, the warranty will terminate immediately.
15.5. No warranty is given if the PRODUCT is used in conjunction with hardware or software other than those specified in the online user manual.
15.6. THIS IS A LIMITED WARRANTY AND IS THE ONLY WARRANTY GIVEN BY THE MAGISTER. Magister 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 A THIRD PARTY. THE DURATION OF THE 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; SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF THE WARRANTY PERIOD SO THAT THE LIMITATIONS CANNOT BE APPLIED. NO AGENT OR EMPLOYEE OF THE MAGISTER WILL HAVE THE RIGHT TO BRING EXTENSIONS OR ADDITIONS TO THE WARRANTIES.
16. PERIODIC TECHNICAL REVIEW
16.1. For the proper functioning of its programs, Magister recommends performing specific technical overhaul activities on the databases, programs and / or equipment on which they are installed. The period of periodic technical overhaul 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, whose list is available online at: https://www.magister.ro/partener-certificat-magister.
17. LIMITATIONS OF LIABILITY
17.1. UNDER NO CIRCUMSTANCES OR DUE TO ANY JUDICIAL PRACTICE OR CONTRACT OR ANY OTHER WAY MAYOR, ITS SUPPLIERS OR DISTRIBUTORS SHALL NOT BE LIABLE TO ANY IMPLEMENTER, OR ANY PURPOSE, OR ANYTHING AGAINST ANY OTHER PURPOSE. BUT NOT LIMITED TO COMPUTER ERRORS OR MALFUNCTIONS, TROUBLESHOOTING, OR ANY OTHER DAMAGES AND COMMERCIAL LOSSES, OR FOR ANY DAMAGES EXCEEDING THE PURCHASE AND VALUE OF THE PURCHASE OF THE PRODUCT FOR SUCH DAMAGES OR FOR ANY CLAIM OF ANY OTHER THIRD PARTY.
18. INTEGRATION WITH THIRD SERVICES
18.1. PRODUCT Components or Extensions may be integrated with third party services in order to obtain additional functionality. 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.
18.2. For the provision of these services within the PRODUCT, Magister 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 reserves the right to modify these additional costs at any time, provided that the User is notified no later than 15 calendar days in advance.
19.1. This Licensing Agreement is the full commitment that is entered into between the parties and will take 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 in this License Agreement cannot be enforced for any reason, that clause will be reworded so that it can be applied. The rest of the terms of the Licensing Agreement will remain in full force and effect.
19.2. This Licensing Agreement enters into force on 01.01.2022 and is valid for all types of PRODUCT licenses sold after this date. This agreement is also valid for all licenses updated through existing annual software subscription programs, to a PRODUCT VERSION newer than version 188.8.131.52.
Date of last update: December 31, 2021