GÅVA SYSTEMS SOFTWARE LICENSE AGREEMENT

NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING, COPYING OR DISTRIBUTING ALL OR ANY PORTION OF THE GÅVA SYSTEMS SOFTWARE ("SOFTWARE") YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USE; TRANSFERABILITY; WARRANTY; AND LIABILITY. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE.
Gåva Systems and its suppliers own all intellectual property in the Software. Gåva Systems permits you to Use the Software only in accordance with the terms of this Agreement. Use of some third party materials included in the Software may be subject to other terms and conditions typically found in a separate license agreement.
Definitions. "Software" means (a) all of the contents of the files (provided either by electronic download, on physical media or any other method of distribution), disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to (i) Gåva Systems or third party computer information or software; (ii) related explanatory written materials or files ("Documentation");  (iii) fonts (iv) images and/or icons; and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by Gåva Systems (collectively, "Updates"). "Use" or "Using" means to access, install, download, copy, or otherwise benefit from using the functionality of the Software in accordance with the Documentation. "Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g., volume license) granted by Gåva Systems. "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions. User refers to the end user of the product and/or purchaser.  "Gåva Systems" is a division of 3 Crown Corp, LLC.

1. Software License. If you obtained the Software from Gåva Systems or one of its authorized licensees, and subject to your compliance with the terms of this agreement (this "Agreement"), including the any restrictions stated below, Gåva Systems grants to you a non-exclusive license to Use the Software for the purposes described in the Documentation as follows.

1. General Use. You may install and Use a copy of the Software on your compatible Computer, up to the Permitted Number of computers. The Software may not be shared, installed or used concurrently on different computers. You may only use the Gåva Software on the stations and within the stores specified during your ordering/demo process.  No other use is permitted.
1. Distribution.
1. Backup Copy. You may make one backup copy of the Software, provided your backup copy is not installed or used on any Computer. You may not transfer the rights to a backup copy unless you transfer all rights in the Software. Transfers must be authorized by Gåva Systems
2. The Software will only be used on the machine for which it is registered under the correct and valid store license. No other installations are permitted.
2. No Modification
1. You may not modify, adapt, translate or create derivative works based upon the Software. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software.
3. Termination
1. Without prejudice to any other rights, Gåva Systems may cancel this EULA if you do not abide by the terms and conditions of this EULA, in which case you must destroy all copies of the Product and all of its component parts.
4. Export Restrictions
1. You acknowledge that the Product is of U.S. origin. You agree to comply with all applicable international and national laws that apply to the Product, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.
5. Update Terms
1. All UPDATES shall be considered part of the Product and subject to the terms and conditions of this EULA. Additional license terms may accompany UPDATES (as defined in the first paragraph of this EULA). By installing, copying, or otherwise using any UPDATE, you agree to be bound by the terms accompanying each such UPDATE. If you do not agree to the additional license terms accompanying such UPDATES, do not install, copy, or otherwise use such UPDATES.
6. Internet Connectivity
1. Gåva Systems is in no way responsible for your connection to our online data service.  From time to time the service might be taken down for regular or routine maintenance.  All efforts will be made to provide warnings and notices of such situations.  However, some outages might be beyond our control and as such Gåva Systems takes no responsibilities for downtimes. User should have backup procedures in place should such an incident occur.
7. Data and Data Service
1. All data added to the system is the responsibility of the User. The User should run reports and do exports on a regular basis to insure the integrity of all data. Gåva Systems is not responsible for the loss or damage of any data stored on our data service.
2. User further understands that the data service is billed as a monthly flat rate fee that in most cases is paid for a year in advance per store site.  The fee, which is subject to change without notice, must be paid within ten (10) days of expiration to avoid service disconnection and deletion of data stored on servers.
3. Users are fully responsible for User Accounts and Passwords and deactivating such accounts in a timely fashion to avoid unnecessary access or theft.  Gåva Systems is in no way responsible for any unauthorized activities from former or present store personal or the like.
8. Transferability
1. This agreement does not permit the Software to be transfered
9. Warranties
1. The Limited Warranty referenced below is the only express warranty made to you and is provided in lieu of any other express warranties (if any) created by any documentation or packaging. Except for the Limited Warranty and to the maximum extent permitted by applicable law, Gåva Systems and its suppliers provide the Product and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, either express, implied, or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Product, and the provision of or failure to provide support services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT.
2. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GÅVA SYSTEMS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF GÅVA SYSTEMS OR ANY SUPPLIER, AND EVEN IF GÅVA SYSTEMS OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Gåva Systems and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing (except for any remedy of repair or replacement elected by Gåva System with respect to any breach of the Limited Warranty) shall be limited to the greater of the amount actually paid by you for the Product or U.S.$5.00. The foregoing limitations, exclusions, and disclaimers (as stated in the Limited Warranty) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. Should a legal situation arise that requires adjudication Gåva Systems has the express right to choose the venue and whether the matter will be brought to binding arbitration or to a civil hearing. Should the verdict be found in favor of Gåva Systems the User/Plaintiff will be responsible for any and all legal fees assessed upon Gåva Systems included, but not limited to court cost, attorney’s fees and travel expenses.
4. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the Product) are the entire agreement between you and Gåva Systems relating to the Product and the Support Services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Product or any other subject matter covered by this EULA. To the extent the terms of any Gåva Systems policies or programs for Support Services conflict with the terms of this EULA, the terms of this EULA shall control.
5. The Product is protected by copyright and other intellectual property laws and treaties. Gåva Systems or its suppliers own the title, copyright, and other intellectual property rights in the Product. The Product is licensed, not sold.