End User License Agreement (Rev. 133EF48)
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State of California
Rev. 133EF48
END USER LICENSE AGREEMENT
This End-User License Agreement (this “EULA”) is a legal agreement between you (“Licensee”) and
Golden Business Computer Network (“Licensor”), the author of Golden Business POS System, including
all HTML files, XML files, Java files, graphics files, animation files, data files, technology, development
tools, scripts and programs, both in object code and source code (the “Software”), the deliverables
provided pursuant to this EULA, which may include associated media, printed materials, and “online” or
electronic documentation.
By installing, copying, or otherwise using the Software, Licensee agrees to be bound by the terms and
conditions set forth in this EULA. If Licensee does not agree to the terms and conditions set forth in this
EULA, then Licensee may not download, install, or use the Software.
1. Grant of License
A) Scope of License. Subject to the terms of this EULA, Licensor hereby grants to Licensee a non-
exclusive subscription-based license to possess and to use a copy of the Software in a monthly or
longer time period with a fee as described in the agreement.
B) Installation and Use. The licensee does not have to install the software, only use the software
provided by the licensor, which is installed on the system built by the licensor, and will be used for the
licensee’s business as described on the agreement.
2. Description of Rights and Limitations
A) Limitations. Licensee and third parties may not reverse engineer, decompile, or disassemble the
Software, except and only to the extent that such activity is expressly permitted by applicable law
notwithstanding the limitation.
B) Update and Maintenance. Licensor shall provide updates and maintenance on the Software on an
as needed basis.
C) Separation of Components. The Software is licensed as a single product. Its components may
not be separated for use on more than one computer.
3. Title to Software. Licensor represents and warrants that it has the legal right to enter into and perform
its obligations under this EULA, and that use by the Licensee of the Software, in accordance with the
terms of this EULA, will not infringe upon the intellectual property rights of any third parties.
4. Intellectual Property. All now known or hereafter known tangible and intangible rights, title, interest,
copyrights and moral rights in and to the Software, including but not limited to all images, photographs,
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animations, video, audio, music, text, data, computer code, algorithms, and information, are owned by
Licensor. The Software is protected by all applicable copyright laws and international treaties.
5. Support. Licensor will provide IT support with a monthly fee as described on the agreement, which is
available during normal business hours so long as the subscription license is active.
6. Duration. This EULA is subscription-based, which is active so long as the licensee pays the
subscription or until:
A) Automatically terminated or suspended if Licensee fails to comply with any of the terms and
conditions set forth in this EULA; or
B) Terminated or suspended by Licensor, with or without cause.
In the event this EULA is terminated, you must cease use of the Software and destroy all copies of the
Software.
7. Jurisdiction. This EULA shall be deemed to have been made in, and shall be construed pursuant to
the laws of the State of California, without regard to conflicts of laws provisions thereof. Any legal action
or proceeding relating to this EULA shall be brought exclusively in courts located in Sacramento, CA, and
each party consents to the jurisdiction thereof. The prevailing party in any action to enforce this EULA
shall be entitled to recover costs and expenses including, without limitation, attorneys’ fees. This EULA is
made within the exclusive jurisdiction of the United States, and its jurisdiction shall supersede any other
jurisdiction of either party’s election.
8. Non-Transferable. This EULA is not assignable or transferable by Licensee, and any attempt to do so
would be void.
9. Severability. No failure to exercise, and no delay in exercising, on the part of either party, any
privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial
exercise of any right or power hereunder preclude further exercise of any other right hereunder. If any
provision of this EULA shall be adjudged by any court of competent jurisdiction to be unenforceable or
invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this EULA
shall otherwise remain in full force and effect and enforceable.
10. WARRANTY DISCLAIMER. LICENSOR, AND AUTHOR OF THE SOFTWARE, HEREBY
EXPRESSLY DISCLAIM ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY
RELATED DOCUMENTATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
LICENSEE ACCEPTS ANY AND ALL RISK ARISING OUT OF USE OR PERFORMANCE OF THE
SOFTWARE.
11. LIMITATION OF LIABILITY. LICENSOR SHALL NOT BE LIABLE TO LICENSEE, OR ANY OTHER
PERSON OR ENTITY CLAIMING THROUGH LICENSEE ANY LOSS OF PROFITS, INCOME,
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SAVINGS, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, DIRECT OR
INDIRECT DAMAGE, WHETHER ARISING IN CONTRACT, TORT, WARRANTY, OR OTHERWISE.
THESE LIMITATIONS SHALL APPLY REGARDLESS OF THE ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY. UNDER NO CIRCUMSTANCES SHALL LICENSOR’S AGGREGATE LIABILITY TO
LICENSEE, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH LICENSEE, EXCEED THE
UNUSED SUBSCRIPTION TIME OF THE FINANCIAL AMOUNT ACTUALLY PAID BY LICENSEE TO
LICENSOR FOR THE SOFTWARE.
12. Entire Agreement. This EULA constitutes the entire agreement between Licensor and Licensee and
supersedes all prior understandings of Licensor and Licensee, including any prior representation,
statement, condition, or warranty with respect to the subject matter of this EULA.
For additional information regarding this EULA, please contact:
Golden Business Computer Network
PO BOX 246208
Sacramento, CA 95824
help@gbcn.us
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End User License Agreement (Rev. 133EF48)
GENERAL INSTRUCTIONS
WHAT IS AN END USER
LICENSE AGREEMENT?
An End User License Agreement is a contract
between two parties -- the licensor and the
licensee -- for the right to use proprietary
software. The licensor or vendor is often an
individual or software company who created
the software. The licensee is the user who
pays a fee to use, download, or install a copy
of the software.
An End User License Agreement is often known
by its abbreviated form EULA. An EULA
protects the licensor or copyright owner of the
software by prohibiting the licensee from re-
selling the software for their own personal gain
at your expense. A license essentially gives the
user “permission” or a limited right to use the
software.
WHEN IS IT NEEDED?
An End User License Agreement is
commonly used when an individual or
company gives creates proprietary software
and would like to make money by allowing
others to use the program in limited ways. If
the licensor is worried about their copyright,
an EULA prevents others from copying the
source code, selling the software as their
own, or transferring the software to a non-
paying user.
Without an End User License Agreement, a
software publisher is in many ways agreeing to
a free and open-source software license. In
these “copyleft” situations, all future versions of
the software must continue to be distributed for
free. Instead, if the individual or company who
created the software wants to earn money, an
EULA protects their their source code and
specially written program, mobile app, or
website from being copied or used without
permission.
MOST COMMON SITUATIONS
· websites mobile apps
· software applications
· computer programs
End User License Agreement (Rev. 133EF48)