IMPORTANT: BY USING THE ARC PRODUCT SOFTWARE (AS DEFINED BELOW), DISTRIBITUTED AND LICENSED BY AUTHENTIC RESTAURANT CONCEPTS INC. (“ARC”), YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING TERMS:
ARC PRODUCT SOFTWARE LICENSE AGREEMENT
Single Use License
PLEASE READ THIS ARC PRODUCT SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE ARC PRODUCT SOFTWARE. BY USING THE ARC PRODUCT SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE ARC PRODUCT SOFTWARE.
Date of Last Update: March 10, 2017 (“Revised Date”)
You may not rent, lease, lend, sell, redistribute, or sublicense the ARC Product Software. You may however, make a one-time permanent transfer of all of your license rights to the ARC Product Software to another party in connection with the transfer of ownership of your business, provided that the party receiving the ARC Product Software License reads and agrees to accept the terms and conditions of this License.
This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from ARC if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the ARC Product Software.
Sections 4, 5, 6, 7, 8, 9, 11 and 12 of this License shall survive any such termination.
7.1 You may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization.
7.2 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE ARC PRODUCT SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE ARC PRODUCT SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
7.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ARC PRODUCT SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ARC AND ARC’S LICENSORS (COLLECTIVELY REFERRED TO AS “ARC” FOR THE PURPOSES OF SECTIONS 7 AND 8 HEREOF) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE ARC PRODUCT SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
7.4 ARC DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE ARC PRODUCT SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE ARC PRODUCT SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE ARC PRODUCT SOFTWARE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE ARC PRODUCT SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT THE ARC PRODUCT SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES.
7.5 YOU FURTHER ACKNOWLEDGE THAT THE ARC PRODUCT SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE USE, FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE ARC PRODUCT SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
7.6 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ARC OR AN ARC AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE ARC PRODUCT SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL ARC, ITS AFFILIATES, AGENTS OR PRINCIPALS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA (INCLUDING WITHOUT LIMITATION COURSE INSTRUCTIONS, ASSIGNMENTS AND MATERIALS), BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE ARC PRODUCT SOFTWARE AND SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE ARC PRODUCT SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF ARC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
In no event shall ARC’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one hundred and fifty U.S. dollars (U.S. $150.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
The ARC Product Software may contain functionalities that allows it to accept digital certificates either issued from ARC or from third parties. YOU ARE SOLELY RESPONSIBLE FOR DECIDING WHETHER OR NOT TO RELY ON A CERTIFICATE WHETHER ISSUED BY ARC OR A THIRD PARTY. YOUR USE OF DIGITAL CERTIFICATES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARC MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ACCURACY, SECURITY, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO DIGITAL CERTIFICATES.
You may not use or otherwise export or re-export the ARC Product Software except as authorized by United States law and the laws of the jurisdiction(s) in which the ARC Product Software was obtained. In particular, but without limitation, the ARC Product Software may not be exported or re-exported: (a) into any U.S. embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or any other restricted party lists. By using the ARC Product Software you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the ARC Product Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
This License will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
This License constitutes the entire agreement between you and ARC relating to the ARC Product Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by an authorized representative of ARC.
Portions of the ARC Product Software may utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the ARC Product Software, and your use of such material is governed by their respective terms.
You agree that any dispute between you and ARC arising out of or relating to this License, the ARC Product Software, the Services or any other ARC products, devices or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
Informal Dispute Resolution: We want to address your concerns without the need of a formal legal case. Before filing a claim against ARC, you agree to try to resolve the Dispute informally by contacting firstname.lastname@example.org. We will try to resolve the Dispute informally by contacting you. If a dispute is not resolved within 30 days after submission, you or ARC may bring a formal proceeding.
We Both Agree To Arbitrate: You and ARC agree to resolve any Disputes through final and binding arbitration, except as set forth under Opt-out of Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting email@example.com within 30 days of first accepting these Terms and stating that you (include your first and last name) decline this arbitration agreement.
Arbitration Procedures: The American Arbitration Association (“AAA”) will administer the arbitration under its Commercial Arbitration Rules. The arbitration will be held in Santa Barbara County, California, or any other location we agree to.
Arbitration Fees: The AAA rules will govern payment of all arbitration fees.
Exceptions to Agreement to Arbitrate: Either you or ARC may assert claims, if they qualify, in small claims court in Santa Barbara County, California. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of this License, the ARC Product Software, the Services or any other ARC products, devices or services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions: You may only resolve Disputes with ARC on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement and this License.
Judicial Forum for Disputes: In the event that the agreement to arbitrate is found not to apply to you or any Dispute, you and ARC agree that any judicial proceeding will be brought in the federal or state courts of Santa Barbara County, California. Both you and ARC consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim, Dispute or cause of action arising out of or related to your purchase and use of the License, the ARC Product Software, the Services or ARC devices or services must be filed within one (1) year after such claim, Dispute or cause of action arose, or else that claim, Dispute or cause of action will be barred forever.