This Agreement (Known as "TERMS OF SERVICE" or "TOS") is a binding legal agreement between you (either an individual or a single entity) (Known as "You" or "Customer" or "Licensee") and Ash Capital Ltd. - 1810 E Sahara Ave STE 214 Las Vegas, NV 89104 (Known as "Developer" or "Company") for the authorized use of Company's Property as specifically listed in Section[1] (known as "Company's Property" or "Property")
Company reserves the right to update these TERMS OF SERVICE at any time. These Terms will be available for the Customer to read at all times. Customer understands that any use of the property constitutes full agreement of these terms.
SECTION 1 - Defined Property. Unless otherwise specified, "Property" or "Service" is collectively known as The FirmPOS Software Product OR FirmPOS Anywhere Product, any and all domain names, email addresses, email messages, web pages, codebase, data, content, information, graphics, logos, text, files, folders and user interface that are associated with these Internet domains: firmpos.net and firmpos.com OR their corresponding IP addresses (Known as "Domains").
Domains are the sole property of Company at all times, including any and all subdomains.
The Property is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Product is always licensed, not sold.
Property is exclusively owned by Company at all times. Property is being offered for conditional usage under the specified terms of this agreement by the Company for the transmission of content provided solely for informational purposes.
SECTION 2 - Termination Of Service. You may choose to stop using the licensed Property at any time. Company reserves the right to terminate the Software Product License (including but not limited to access to service and terminating servers that run Property) without prejudice at any time if Licensee fails to pay licensing fees or demonstrates action towards company deemed threatening or menacing. Customer's obligation to pay accrued charges and fees shall survive any Termination of Service.
SECTION 3 - Disclaimer. Property is available "as is". Company assumes no liability for damages, direct or consequential, which may result from the use of this Property, even if Company has been advised of the possibility of such damages.
You agree to irrevocably and unconditionally release, acquit and forever discharge Company and any person, organization or business affiliated with Company from any and all claims, liabilities, promises, actions, damages and the like, past, present or future, known or unknown. You further agree that you and all persons, organizations and businesses affiliated with you or representing you will not bring any legal action or file any lawsuit against Company, any person, organization or business affiliated with Company for any reason.
You agree to fully indemnify, hold harmless and defend Company and its directors, officers, employees, agents, stockholders and affiliates from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to reasonable attorneys fees and costs), whether or not involving a third party claim, which arise out of or relate to any act or omission.
SECTION 4 - Acknowledgement. By using the Property, you acknowledge that you have read this agreement, understand it and agree to be bound by its terms and conditions. You also agree that this agreement is the complete and exclusive statement of the agreement between you and Company and supersedes all, agreements, contracts, proposals or prior endorsements, oral or written, and any other communications between you and Company or any representative of Company at any time.
This Agreement shall be governed by the laws of the State of Arizona, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the State Courts in Maricopa County Arizona or the Federal Courts in Phoenix Arizona to resolve any disputes arising under this Agreement.
In each case this Agreement shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods.
Should any term of this Agreement be declared void or unenforceable by any court of competent jurisdiction such declaration shall have no effect on the remaining terms hereof.
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