END USER LICENSE AGREEMENT
This copy of The Lobby Mart Tenant APP (“the Software Product”) and accompanying
documentation is licensed and not sold. This Software Product is protected by copyright laws and
treaties, as well as laws and treaties related to other forms of intellectual property. SNZ
Franchising International, LLC or its subsidiaries, affiliates, and suppliers (collectively “The Lobby
Mart Tenant APP”) own intellectual property rights in the Software Product. The Licensee’s (“you”
or “your”) license to download, use, copy, or change the Software Product is subject to these
rights and to all the terms and conditions of this End User License Agreement (“Agreement”).
Acceptance
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT
BY SELECTING THE “ACCEPT” OPTION AND DOWNLOADING THE SOFTWARE
PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT.
YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU
WILL BE ALLOWED TO DOWNLOAD THE SOFTWARE PRODUCT. IF YOU DO NOT
AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT
“DECLINE” AND YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE
PRODUCT.
License Grant
This Agreement entitles you to install and use one copy of the Software Product. In addition, you
may make one archival copy of the Software Product. The archival copy must be on a storage
medium other than a hard drive, and may only be used for the reinstallation of the Software
Product. This Agreement does not permit the installation or use of multiple copies of the Software
Product, or the installation of the Software Product on more than one computer at any given time,
on a system that allows shared used of applications, on a multi–user network, or on any
configuration or system of computers that allows multiple users. Multiple copy use or installation is
only allowed if you obtain an appropriate licensing agreement for each user and each copy of the
Software Product.
Restrictions on Transfer
Without first obtaining the express written consent of The Lobby Mart Tenant APP, you may not
assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease,
sublicense, or otherwise transfer your rights to the Software Product.
This is a RocketLawyer.com document. Page 1 of 3Restrictions on Use
You may not use, copy, or install the Software Product on any system with more than one
computer, or permit the use, copying, or installation of the Software Product by more than one
user or on more than one computer. If you hold multiple, validly licensed copies, you may not use,
copy, or install the Software Product on any system with more than the number of computers
permitted by license, or permit the use, copying, or installation by more users, or on more
computers than the number permitted by license.
You may not decompile, “reverse–engineer”, disassemble, or otherwise attempt to derive the
source code for the Software Product.
You may not use the database portion of the Software Product in connection with any software
other than the Software Product.
Restrictions on Alteration
You may not modify the Software Product or create any derivative work of the Software Product
or its accompanying documentation. Derivative works include but are not limited to translations.
You may not alter any files or libraries in any portion of the Software Product. You may not
reproduce the database portion or create any tables or reports relating to the database portion.
Restrictions on Copying
You may not copy any part of the Software Product except to the extent that licensed use
inherently demands the creation of a temporary copy stored in computer memory and not
permanently affixed on storage medium. You may make one archival copy which must be stored
on a medium other than a computer hard drive.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY THE LOBBY MART
TENANT APP, THE LOBBY MART TENANT APP MAKES NO OTHER WARRANTIES,
EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN
THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE
PRODUCT.
The Lobby Mart Tenant APP makes no warranty that the Software Product will meet your
requirements or operate under your specific conditions of use. The Lobby Mart Tenant APP
makes no warranty that operation of the Software Product will be secure, error free, or free from
interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT
SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND
UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY
FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO
MEET YOUR REQUIREMENTS. THE LOBBY MART TENANT APP WILL NOT, UNDER
ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA
ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
This is a RocketLawyer.com document. Page 2 of 3UNDER NO CIRCUMSTANCES SHALL THE LOBBY MART TENANT APP, ITS
DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY
OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL,
PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST
REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS
AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR
USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF
CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF THE LOBBY
MART TENANT APP OR ANY OTHER PARTY, EVEN IF THE LOBBY MART TENANT
APP IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO
THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS THE LOBBY MART
TENANT APP’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS
DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the
correction or replacement of the Software Product. Selection of whether to correct or replace
shall be solely at the discretion of The Lobby Mart Tenant APP. The Lobby Mart Tenant APP
reserves the right to substitute a functionally equivalent copy of the Software Product as a
replacement. If The Lobby Mart Tenant APP is unable to provide a replacement or substitute
Software Product or corrections to the Software Product, your sole alternate remedy shall be a
refund of the purchase price for the Software Product exclusive of any costs for shipping and
handling.
Any claim must be made within the applicable warranty period. All warranties cover only defects
arising under normal use and do not include malfunctions or failure resulting from misuse, abuse,
neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or
humidity, improper installation, or damage determined by The Lobby Mart Tenant APP to have
been caused by you. All limited warranties on the Software Product are granted only to you and
are non–transferable. You agree to indemnify and hold The Lobby Mart Tenant APP harmless
from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement
and/or acts or omissions.
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of Florida, without regard to Florida’s conflict or choice
of law provisions.
Severability
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of
this Agreement shall remain in full force and effect. To the extent any express or implied restrictions
are not permitted by applicable laws, these express or implied restrictions shall remain in force and
effect to the maximum extent permitted by such applicable laws.
This is a RocketLawyer.com document. Page 3 of 3