End-User License Agreement (EULA)
These terms can help you understand your relationship with Invii as a user.
- This End-User License Agreement ("EULA") is a legal agreement between you and Invii Corporation.
- This EULA agreement governs your acquisition and usage of software created, owned, and distributed by Invii Corporation, including, but not limited to, restaurant management tools and applications, customer ordering tools and applications, and any associated media, printed materials, and "online" or electronic documentation (the "Software").
- Please read this EULA agreement carefully before accessing, acquiring, completing any download, installation, purchase, or setup process. It provides a license to use the Software and contains warranty information and liability disclaimers.
- If you register for a free trial of the Software, this EULA agreement will also govern that trial. By accepting this agreement, or by downloading, installing, purchasing, accessing, or using the Software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
- If you are entering into this EULA agreement on behalf of a company, corporation, proprietorship, or other legal entity, you represent that you have the authority to bind such entity and its affiliates to the terms and conditions of this EULA agreement. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not access, download, install, purchase, acquire, or otherwise use the Software. In such case, you must not accept this EULA agreement and may not access, download, install, purchase, acquire, or otherwise use the Software.
- This EULA agreement shall apply only to the Software supplied by Invii Corporation herewith regardless of whether other software is referred to or described herein. The terms also apply to any Invii Corporation updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
License Grant
- Invii Corporation hereby grants you a personal, non-transferable, non-exclusive, non-sublicensable, and revocable license to use the Software on your devices in accordance with the terms of this EULA agreement.
- You are permitted to access, download, install, purchase, acquire, or otherwise use the Software on a device/devices (for example, a PC, laptop, mobile device, tablet device, or display screen) under your control. You are responsible for ensuring your device or devices meet the minimum requirements of the Software.
- You are not permitted to:
- Edit, alter, modify, adapt, translate, or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble, breach, change, or reverse engineer the Software or attempt to do any such things.
- Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose not permitted by Invii Corporation.
- Rent, lease, sub-license, or otherwise transfer the Software for any reason.
- Allow any third party to use the Software on behalf of or for the benefit of any third party.
- Use the Software in any way which breaches any applicable local, national or international law.
- Use the Software for any purpose that Invii Corporation considers is a breach of this EULA agreement.
- The rights and obligations of this EULA agreement are personal rights granded to you and you only. You may not transfer or assign any of the rights or obligations granted under this EULA agreement to any other party or legal entity. You may not make available the Software for use by one or more third parties.
- Failure to comply with any of the terms of this EULA agreement will be considered a material breach of this EULA agreement and may result in the suspension or termination of your rights to use the Software, as well as legal action, if applicable.
License Fee
- The purchase price determined by type of subscription, billed monthly, will constitute the entire license fee and is the full consideration for this EULA agreement. The purchase price does not include any applicable taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. The purchase price is displayed on Invii Corporation's website and is subject to change at any time.
Intellectual Property and Ownership
- Invii Corporation shall at all times retain ownership of the Software as accessed, downloaded, installed, purchased, acquired, or otherwise used by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications, updates, or upgrades made thereto) are and shall remain the property of Invii Corporation.
- Invii Corporation reserves the right to grant licenses to use the Software to third parties.
- Title, copyright, intellectual property rights and distribution rights of the Software remain exclusively with Invii Corporation. Intellectual property rights include the look and feel of the Software. This EULA agreement constitutes a license for use only and grants you no rights to intellectual property or ownership rights in the Software.
- You acknowledge that the Software is the property of Invii Corporation and that you shall not acquire any rights to the Software other than to use it in accordance with the terms of this EULA agreement.
Termination
- This EULA agreement is effective from the date you first access, download, install, purchase, acquire, or otherwise use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Invii Corporation.
- It will also terminate immediately if you fail to comply with any term of this EULA agreement.
- Upon termination, the licenses granted by this EULA agreement will immediately cease and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
Governing Law
- Both Invii Corporation and you submit to the jurisdiction of the courts of the State of North Carolina for the enforcement of this EULA agreement or any arbitration award or decision arising from this EULA agreement. This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by, enforced, and construed in accordance with the laws of the State of North Carolina
No Warranties
- Invii Corporation expressly disclaims 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 or merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising out of use or performance of the Software remains with you.
Limitation of Liability
- The Software is provided by Invii Corporation and accepted by you "as is". In no event shall Invii Corporation be liable for any special, consequential, incidental, or indirect damages whatsoever (including, but not limited to, damages for loss of business profits, business interruption, loss of business production, or any other pecuniary loss) arising out of the use, misuse, or inability to use the Software.
- Invii Corporation does not warrant that use of the Software will be uninterrupted or error-free. You accept that software in general is prone to bugs and flaws within an acceptable level as determined in the industry. In the case of interruptions, bugs, or flaws resulting your misuse or inability to use the Software, you may assume the entire cost of all necessary servicing, repair, or correction.
Force Majeure
- Invii Corporation will be free of liability to you in the case that Invii Corporation is prevented from executing its obligations under this EULA agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other foreseen or uncontrollable event where Invii Corporation has taken appropriate action to mitigate such an event.
- Invii Corporation does not warrant that use of the Software will be uninterrupted or error-free. You accept that software in general is prone to bugs and flaws within an acceptable level as determined in the industry. In the case of interruptions, bugs, or flaws resulting your misuse or inability to use the Software, you may assume the entire cost of all necessary servicing, repair, or correction.