Terms & Conditions

1. All goods and/or services sold by Techsigma, Inc ("TGS") to Buyer, and all purchase orders placed by Buyer for such goods and/or services are subject to these Terms and Conditions. Buyer agrees that the Terms and Conditions of any purchase order which are in any way inconsistent or in addition to the Terms and Conditions shall not be binding upon TGS and shall be inapplicable to this sale unless it is expressly agreed to in writing by an authorized officer of TGS.

2. Unless otherwise specified on the reverse hereof, payment is due as follows: 75% down and 25% upon delivery. Online orders are due 100% when purchasing through the website. Late payment shall constitute a default of this agreement and shall be subject to a late charge at a rate equal to one and one-half percent (1 ½ %) per month multiplied by the amount which is in arrears. If collection efforts are commenced to enforce Buyer's performance, Buyer shall reimburse TGS for all costs and expenses associated with said enforcement, including attorneys' fees.

3. In the event Buyer defaults on this agreement, ALL monies which are or shall become due to TGS arising out of any agreements or purchase orders existing between the Buyer and TGS shall be immediately due and owing irrespective of the payment terms recited on individual agreements or purchase orders. Buyer agrees to indemnify TGS against any claims by Buyer's customers or invitees, relating to or arising out of use of equipment sold by TGS.

4. All equipment and materials must be inspected by Buyer upon receipt. Any claim of shortage, damage, defect, or other deficiencies must be made by Buyer at delivery or, if not delivered, at pick-up, or are waived by Buyer. Buyer acknowledges that all decisions concerning credits for the return of materials and equipment are made at the sole discretion of TGS and that said return policies may be modified or revoked at any time without notice. Buyer shall incur a twenty-five percent (25%) restocking fee on all material or equipment returned by Buyer to TGS for reasons other than TGS's inability to cure a material defect, as provided herein. Buyer is responsible for all shipping charges incurred from said returns or refusal of shipment.

5. The RISK OF LOSS of any goods purchased hereunder shall pass to the Buyer upon delivery to Buyer at the designated and agreed location. If the Buyer is to pick up the goods at TGS's facility, the Risk of Loss passes to Buyer at pick-up or 24 hours after the Buyer is notified that the goods are ready, which ever is earlier.

6. As a condition precedent to any claim by Buyer to void a sale/purchase, Buyer agrees that TGS shall have a right to repair and/or cure any defect claimed by Buyer as material. TGS shall only cancel a sale and refund monies paid by Buyer in the event it is unable to effectuate a repair or replacement within thirty (30) days of having received written notice of the defect from the Buyer. If the Buyer fails or refuses to allow TGS this period in which to cure the defect and Buyer decides to cancel the transaction, Buyer shall incur the restocking fee referred to above.

7. Buyer's sole remedy for any claim arising out of any sale, order, or installation hereunder, shall be a refund of monies paid by Buyer to TGS for said materials and/or installation. Buyer expressly waives its right to claim consequential or incidental damages against TGS for claims arising out of or relating to any transaction hereunder.

8. With the exception of any manufacturer's warranties passed through by TGS to Buyer and any warranties expressly granted herein, TGS expressly disclaims all warranties, expressed and/or implied, including the implied warranties of merchantability and fitness for a particular purpose.

9. Buyer indemnifies and holds TGS, its officers, directors, and stockholders harmless from any and all actions, civil or criminal, claims, liabilities, and losses including TGS's attorneys' fees, arising out of the sale and/or use of materials and equipment purchased hereunder, unless said damages arise solely from TGS's negligence. Buyer assumes all responsibility and shall remit payment for any state or local sales tax found to be due on any transaction between TGS and Buyer for which TGS does not charge Buyer pursuant to Buyer's representation.

10. If Buyer is a corporation or other legal entity, the individual(s) whose signature appears or the reverse hereof, hereby personally guarantees Buyer's compliance with this Agreement, including payment of all charges and costs.

11. This Agreement shall be binding upon and inure to the benefit of TGS and Buyer and their respective successors and assigns. This Agreement shall be governed by the laws of the State of Florida . Jurisdiction and venue for any legal action arising out of or relating to this Agreement shall reside exclusively in a Court of competent jurisdiction in Miami Lakes.

12. The waiver or acquiescence by TGS of strict compliance with any term shall not constitute a waiver of any subsequent default or failure.

End User Agreement & Software License

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

This license applies to both the evaluation version of Inventek POS ver 2.0 as well as the regular version.

EVALUATION VERSION:

This is not free software. If you downloaded a demo version subject to the terms below, you are hereby licensed to use this software for evaluation purposes without charge

for a period of 30 days.

Disclaimer of Warranty

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED.

Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using the program.

1. GRANT OF LICENSE.

This EULA grants you the following rights:

Systems Software.
You may install and use one copy of the SOFTWARE PRODUCT on a single computer, including a workstation, terminal or other digital electronic device ("COMPUTER").
Storage/Network Use.
You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on your other COMPUTERS over an internal network; however, you must acquire and dedicate a license for each separate COMPUTER on or from which the SOFTWARE PRODUCT is installed, used, accessed, displayed or run. A license for the SOFTWARE PRODUCT may not be shared or used concurrently on different COMPUTERS.
License Pak.
If this package is a TGS License Pak, you may install and use additional copies of the computer software portion of the SOFTWARE PRODUCT up to the number of copies specified above as "Licensed Copies".

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

Limitations on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

Separation of Components.
The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.
Rental.
You may not rent, lease or lend the SOFTWARE PRODUCT.
Trademarks.
This EULA does not grant you any rights in connection with any trademarks or service marks of TGS.
Support Services.
TGS may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the TGS polices and programs described in the user manual, in "on line" documentation and/or other TGS-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to TGS as part of the Support Services, TGS may use such information for its business purposes, including for product support and development. TGS will not utilize such technical information in a form that personally identifies you.
Software Transfer.
The initial user of the SOFTWARE PRODUCT may make a one-time permanent transfer of this EULA and SOFTWARE PRODUCT only directly to an end user. This transfer must include all of the SOFTWARE PRODUCT. Such transfer may not be by way of consignment or any other indirect transfer. The transferee of such one-time transfer must agree to comply with the terms of this EULA, including the obligation not to further transfer this EULA and SOFTWARE PRODUCT.
Termination.
Without prejudice to any other rights, TGS may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

3. UPGRADES.

If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by TGS as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.

4. COPYRIGHT.

All title and intellectual property rights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by TGS or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by TGS.

5. DUAL-MEDIA SOFTWARE.

You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on another computer. You may not loan, rent, lease, lend or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT.

6. BACKUP COPY.

After installation of one copy of the SOFTWARE PRODUCT pursuant to this EULA, you may keep the original media on which the SOFTWARE PRODUCT was provided by TGS solely for backup or archival purposes. If the original media is required to use the SOFTWARE PRODUCT on the COMPUTER, you may make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes. Except as expressly provided in this EULA, you may not otherwise make copies of the SOFTWARE PRODUCT or the printed materials accompanying the SOFTWARE PRODUCT.

7. U.S. GOVERNMENT RESTRICTED RIGHTS.

The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software--Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Techsigma, Inc./ 18495 South Dixie Highway # 133 Miami , FL 33157

8. EXPORT RESTRICTIONS.

You agree that you will not export or re-export the SOFTWARE PRODUCT to any country, person, entity or end user subject to U.S. export restrictions. You specifically agree not to export or re-export the SOFTWARE PRODUCT: (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, which currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located, who intends to transmit or transport the products back to such country; (ii) to any end-user who you know or have reason to know will utilize the SOFTWARE PRODUCT or portion thereof in the design, development or production of nuclear, chemical or biological weapons; or (iii) to any end-user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government.

MISCELLANEOUS

If you acquired this product in the United States , this EULA is governed by the laws of the State of Florida .
If you acquired this product in Canada , this EULA is governed by the laws of the Province of Ontario, Canada. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of Ontario and further agrees to commence any litigation which may arise hereunder in the courts located in the Judicial District of York, Province of Ontario .
If this product was acquired outside the United States , then local law may apply.

Should you have any questions concerning this EULA, or if you desire to contact TGS for any reason, please contact TGS, or write:

Techsigma, Inc,
5881 NW 151 Street Suite 105
Miami Lakes, FL 33014

WARRANTY

WARRANTY.

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED.

NO OTHER WARRANTIES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TGS AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TGS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF TGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, TGS'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S.$5.00; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A TGS SUPPORT SERVICES AGREEMENT, TGS'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.