Tamias logo
  • About
  • Retail
  • Restaurants
  • Partners
  • Contact us
  • Pricing
  • Achievements
Free Trial Sign up

Privacy Policy

  1. BACKGROUND

Last updated: December 2024

  1. This notice (Privacy Notice) tells you how we look after your personal data when you visit our website as a customer or business contact at www.tamias.com (Website). 
  2. This notice sets out what information we collect about you, what we use it for and whom we share it with. It also explains your rights under data protection laws and what to do if you have any concerns about your personal data.
  3. We may sometimes need to update this Privacy Notice, to reflect any changes to the way our goods and services are provided or to comply with new business practices or legal requirements. The most up to date version will always be displayed at here. 
  4. We do not knowingly collect or solicit personal information from children under 13. If we become aware that we have collected personal information from a child under 13, we will delete it immediately. 
  1. WHO WE ARE AND OTHER IMPORTANT INFORMATION

    1. We are TAMIAS GLOBAL LTD, including any of its subsidiaries, a company registered in United Kingdom under company registration number 14634508. Our registered office is at 112-114 Witton Street, Northwich, England, CW9 5NW (we, us or our).
    2. For all visitors to our Website and for users who purchase our goods and services through a third party organisation, we are the data controller of your information (which means we decide what personal data we collect and how it is used).
    3. We are registered with the Information Commissioner’s Office (ICO), the UK regulator for data protection matters, under number ZB734638.
    4. We also have affiliates, set out below, who may have access to your personal data as part of our group of companies. These affiliates are integrated into our operations and adhere to the same data protection policies and practices as ComAve:
      1. COMAVE GLOBAL S.À.R.L. incorporated and registered in Luxembourg with company number B268594 whose registered office is at 33 Rue du Puits Romain, 8070 Bertrange (ComAve); 
      2. LIBRA INCENTIX SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ incorporated and registered in Poland with company number 0001076589 whose registered office is at PIOTRKOWSKA 116 /52, 94-306 ŁÓDŹ, district ŁÓDŹ, commune ŁÓDŹ, province ŁÓDZKIE (LIX); 
      3. FINANCIAL STUDIO LTD incorporated and registered in United Kingdom with company number 14490076 whose registered office is at 112-114 Witton Street, Northwich, England, CW9 5NW (FS); and
      4. HUMAN RESOURCES STUDIO d.o.o. incorporated and registered in Croatia with company number 17891392571 whose registered office is at Avenija Dubrovnik 16, 10 000 Zagreb, Croatia (HR Studio).
  2. CONTACT DETAILS

    1. If you have any questions about this Privacy Notice or the way that we use information, please contact our Data Protection Officer using the following details:

Email: dpo@tamias.com

Address: The DPO Centre Ltd., 50 Liverpool Street, London, EC2M 7PY 

  1. THE INFORMATION WE COLLECT ABOUT YOU

    1. Personal data means any information which does (or could be used to) identify a living person. We have grouped together the types of personal data that we collect, and where we receive it from, below.
    2. Type of personal data:
  • Identity Data: your first and last name.

  • Contact Data: your email address, telephone numbers, home postal address. 

  • Transaction Information: POS invoice transaction details.

  1. HOW WE USE YOUR INFORMATION

    1. We are required to identify a legal justification (also known as a lawful basis) for collecting and using your personal data. There are six legal justifications which organisations can rely on. The most relevant of these to us are where we use your personal data to:
  • fulfil our contract with you;
  • comply with a legal obligation that we have;
  • pursue our legitimate interests (our justifiable business aims) but only if those interests are not outweighed by your other rights and freedoms (e.g. your right to privacy); and
  • do something for which you have given your consent.
    1. Below is set out the lawful basis we rely on when we use your personal data. If we intend to use your personal data for a new reason that is not listed below, we will update our Privacy Notice.
      1. Contract
  • To administrate or perform our contract with you, for example to process orders and set up accounts.
  • To process your payment information in connection with any contract we have with you, for example to process refunds when authorised.
  • To send you updates about the services you have bought (e.g. confirmation of order, arrival time).
    1. Legal Obligation
  • Where we send you information to comply with a legal obligation (e.g. where we send you information about your legal rights).
  • Where we retain information to enable us to bring or defend legal claims.
  • Where we are legally obliged to, for example to send records of tax and payments to HMRC in the UK.

 

  1. Legitimate Interests
  • Recording your preferences (e.g. marketing) to ensure that we comply with data protection laws
  • Where using your information is necessary to pursue our legitimate business interests to:
  1. improve and optimise our Website;
  2. to send you updates about products and services where requested or to process feedback provided by customers;
  3. enhance security and prevent fraud on our Website; and
  4. ensure the proper functioning of our Website; 


 Where we use your information for our legitimate interests, we have assessed whether such use is necessary and that such use will not infringe on your other rights and freedoms.

 

5.2.4 Consent

  • Where you have provided your consent to providing us with information or allowing us to use or share your information.
  • Where you have consented to receive marketing material from us.
    1. Where we need to collect your personal data (for example, in order to fulfil a contract we have with you), failure to provide us with your personal data may mean that we are not able to provide you with the services. Where we do not have sufficient information about you to fulfil an order, we may have to cancel the service ordered or contact you to ask for further details.
  1. WHO WE SHARE YOUR INFORMATION WITH

    1. We share (or may share) your personal data with:
  • Our supply chain: other organisations that help us provide our goods. We ensure these organisations only have access to the information required to provide the support we use them and have a contract with them that contains confidentiality and data protection obligations.
  • Regulatory authorities: Government authorities such as HM Revenue & Customs or the Police where legally required to do so.
  • Our professional advisers: such as our accountants or legal advisors where we require specialist advice to help us conduct our business.


 We may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of our business. Any Personal Data that you have provided will, where it is relevant to any part of our business that is being transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use that data only for the purposes for which it was originally collected by us.

If we were asked to provide personal data in response to a court order or legal request (e.g. from the police), we would seek legal advice before disclosing any information and carefully consider the impact on your rights when providing a response.

  1. WHERE YOUR INFORMATION IS LOCATED OR TRANSFERRED

    1. We store your personal data on our servers in Ireland. We have proper mechanisms in place to ensure that transfer to that country is in compliance with relevant data protection laws.
    2. Except as set out above, we will only transfer information outside of the UK or EEA where we have a valid legal mechanism in place to make sure that your personal data is guaranteed a level of protection, regardless of where in the world it is located. For further information please contact our Data Protection Officer using the details set out in this notice.
  2. HOW WE KEEP YOUR INFORMATION SAFE

    1. We have implemented appropriate security measures to prevent your personal data from being accidentally or illegally lost, used or accessed by those who do not have permission. These measures include:
  • access controls and user authentication (including multi-factor authentication);
  • internal IT and network security;
  • staff policies and training;
  • breach reporting processes;
  • business continuity and disaster recovery processes;
  1. HOW LONG WE KEEP YOUR INFORMATION

    1. Where we act as the controller, we will only retain your personal data for as long as necessary to fulfil the purposes we collected it for.
    2. To decide how long to keep personal data (also known as its retention period), we consider the volume, nature, and sensitivity of the personal data, the potential risk of harm to you if an incident were to happen, whether we require the personal data to achieve the purposes we have identified or whether we can achieve those purposes through other means (e.g. by using aggregated data instead), and any applicable legal requirements.
    3. We may keep Identity Data, Contact Data and certain other data (specifically, any exchanges between us by email or any other means) for up to seven years after the end of our contractual relationship with you.
    4. If you browse our Website, we keep personal data collected through our analytics tools for only as long as necessary to fulfil the purposes we collected it for.
    5. If you have asked for information from us or you have subscribed to our mailing list, we keep your details until you ask us to stop contacting you.
  2. YOUR LEGAL RIGHTS

    1. You have specific legal rights in relation to your personal data.
    2. We can decide not to take any action in relation to a request where we have been unable to confirm your identity (this is one of our security processes to make sure we keep information safe) or if we feel the request is unfounded or excessive. Usually there is no cost for exercising your data protection rights, but we may charge a fee where we decide to proceed with a request that we believe is unfounded or excessive. If this happens, we will always inform you in writing.
    3. We will respond to your legal rights request without undue delay, but within one month of us receiving your request or confirming your identity (whichever is later). We may extend this deadline by two months if your request is complex, or we have received multiple requests at once. If we need to extend the deadline, we will let you know and explain why we need the extension.
    4. We do not respond directly to requests which relate to personal data for which we act as the processor. In this situation, we forward your request to the relevant controller and await their instruction before we take any action.
    5. If you wish to make any of the right requests listed below, you can contact the Data Protection Officer at dpo@financial-studio.com.
    6. Your rights include:
  • Access: You have the right to access the personal information that we hold about you in many circumstances, by making a request. This is sometimes termed ‘Subject Access Request’.
  • Correction: You can ask us to correct your personal data if it is inaccurate or incomplete.
  • Erasure: You have the right to have personal data erased. This is also known as the ‘right to be forgotten’. The right is not absolute and only applies in certain circumstances. 
  • Restriction: You can ask us to restrict how we use your personal data and temporarily limit the way we use it. The right is not absolute and only applies in certain circumstances.
  • Objection: You have the right to object to our processing of some or all of the personal data that we hold about you. This is an absolute right when we use your data for direct marketing but may not apply in other circumstances where we have a compelling reason to do so, e.g., a legal obligation.  
  • Portability: You can ask us to send you or another organisation an electronic copy of your personal data.

Complaints: If you are unhappy with the way we collect and use your personal data, you can complain to the ICO or another relevant supervisory body, but we hope that we can respond to your concerns before it reaches that stage. Please contact us at dpo@financial-studio.com.

  1. WHEN WE SEND YOU MARKETING MESSAGES

    1. If you have consented to receiving marketing messages from us, you can opt out of these at any time. Just let us know at dpo@tamias.com. You can also do this by clicking the unsubscribe link from any of the marketing emails that we send to you. 
    2. We market our goods and services to prospective and existing business customers; this is known as Business-to-Business Marketing (B2B Marketing). We may send marketing communications to their staff via work contact details. If you are a member of staff and do not wish to receive B2B Marketing, please let us know at dpo@tamias.com]. 
    3. Opting out of marketing will not affect our processing of your personal data in relation to any order you have with us and where we are required to use your personal data to fulfil that order or provide you with certain information.
  2. PROFILING

Personal data will not be used for profiling or other automated decision-making.

  1. How to contact us  

If you would like to exercise one of your rights as set out above, or you have a question or a complaint about this policy, the way your personal information is processed, please contact us by one of the following means: 

By email: dpo@financial-studio.com 
 By post: The DPO Centre Ltd., 50 Liverpool Street, London, EC2M 7PY

  

This Policy was last updated in December 2024

 

Company
Home About Contact us Terms and Conditions Privacy Policy Payment terms and conditions
Solutions
For Retail For Restaurants
For Retail
Overview Features Integrations Pricing
For Restaurants
Overview Features Integrations Pricing

© 2026 Tamias. All rights reserved.

Facebook Twitter Instagram LinkedIn
auto_awesome

Start your new account

You are almost there, complete the form and start

Please correct the errors
Invalid account number or owner email
person
work
email
phone
local_offer
location_on
my_location
public
local_offer

END-USER LICENSE AGREEMENT

 

(Including Payment Terms)

 

This End-User License Agreement, by and between

  • . Smart Management IT Solutions (“Owner”)
  • . and the client (“User”)

 

COUNTRY OF INCORPORATION: corporation having its place of business at:

Oracle Tower, 17901 Von Karman Avenue,

Suite 600 Irvine, California 92614, USA.

Telephone: +1 949-556-8831

(Collectively, the “Parties” or individually a “Party”)

 

For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

 

Licensor and Licensee agree that the following provisions shall govern the licensing of the software package manufactured by Licensor entitled WALL POST SOFTWARE PROGRAM, as described in Exhibit A hereto (the “Product”).

 

Definition of Parties 

For the purposes of this Agreement, “Licensee” shall include only the Licensee entity listed above, excluding all subsidiaries and affiliates thereof.  For purposes of this Agreement, “Licensor” shall include all affiliates and subsidiaries of Licensor.

 

Terms and Conditions 

These terms and conditions shall apply to the Product, and any enhancements, modifications, and upgrades thereto.

 

License Grant

Subject to the terms and conditions herein, Licensor hereby grants to Licensee a nontransferable, nonexclusive, limited license to use the Product in machine-readable form.

Licensee shall not reverse engineer, decompile or disassemble the Product.

 

Licensee may make one (1) copy of the Product and any documentation that is provided along with the Product, whether in hardcopy or in electronic form, for archival and backup purposes only.  All copies must bear the copyright notice(s) of Licensor contained in or on the original Licensed Software.

 

Licensee acknowledges and agrees that title to the Product and all of the intellectual property embodied therein, including without limitation, all copies of the Product, remains in Licensor or in the third parties from whom Licensor has been granted a license.  Licensee acknowledges and agrees that it does not have and does not hereby acquire any title to or ownership of the Product including, without limitation, any copies of the Product.

 

Licensee acknowledges that certain components of the Product may be patented and protected under both domestic and international patent laws and that the Product is copyrighted and protected under both domestic and international copyright laws.  Licensee specifically agrees to respect and preserve Licensor’s patents and/or copyrights therein and agrees that as a matter of contract, the patent and/or copyright laws may be enforced to their fullest extent against Licensee.

 

Licensee shall not sublicense the Product or distribute copies thereof to third parties.  Licensor shall have the right to assign this Agreement, in whole or in part, and any or all of its rights, obligations and privileges hereunder.  Licensee shall not assign its rights or obligations under this Agreement without Licensor’s express prior written consent, such consent to be granted or withheld at Licensor’s sole discretion.  Any assignment of this Agreement by Licensee, in whole or in part, without the consent of Licensor, shall be null and void.

 

Term and Termination

Term.  The term of this agreement begins as of the Effective Date and shall continue, subject to payment of license fees.

 

Termination

This Agreement shall terminate immediately in the event of breach hereof by Licensee.

Licensor may terminate this Agreement upon thirty (30) days’ prior written notice to Licensee if Licensee fails to comply with any of the material terms and conditions of this Agreement and if such failure to comply is not cured within the thirty (30) day notice period.

 

Upon termination of this Agreement, Licensee shall immediately discontinue use of the Product.  In such event, the license and rights granted herein shall expire and be terminated and Licensee shall have no further rights or access to the Product, and Licensee shall promptly destroy or return to Licensor all copies in Licensee’s possession.

 

Licensor expressly reserves any rights it may have under applicable statutory or common law with respect to Trade Secrets that may be embodied in the Products sold or licensed to Licensee hereunder or which are otherwise made available to Licensee in performance of this Agreement.  For purposes of this Agreement, “Trade Secrets” shall include but not be limited to that which is deemed a trade secret under applicable statutory or common law, as well as any formula, pattern, compilation, program, device, method, technique, process, design, engineering detail, schematic, drawing and or other similar information pertaining to the Products.

 

“Proprietary Information” means that information which Licensor desires to protect against unrestricted disclosure or competitive use and which is designated as such in writing by Licensor or is disclosed orally and within thirty (30) days thereafter is reduced to tangible form pursuant to this license.  All Proprietary Information shall be marked and noted as such prior to disclosure.  Proprietary Information may include the property of third parties who have granted a license to Licensor.

 

In the performance of its obligations under this Agreement, Licensor may disclose to Licensee certain information which is identified as a Trade Secret, Proprietary Information, or otherwise confidential in a similar manner (“Confidential Information”).  Licensee agrees that it shall not disclose Confidential Information to any third party and that it shall limit internal disclosure of Confidential Information to those employees who have a need to know and who have been made aware of and have agreed in writing to be bound by the terms of this Agreement.

 

Licensee understands and agrees that the Product contains Trade Secrets and Proprietary Information of Licensor and as a result is considered a valuable commercial asset.  Licensee agrees that it shall not provide, disclose, license or otherwise make available the Product or any copies, modifications, alterations or enhancements, to any person or entity other than Licensor as provided herein.

 

Licensee shall take all action necessary to protect the Confidential Information from unauthorized use and disclosure to the same extent (but using no less than a reasonable degree of care) that it protects its own confidential information.

 

IN NO EVENT WILL Licensor BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR INDIRECT DAMAGES, ANY LOSS OF DATA, OR LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE PRODUCT (OR ANY HARDWARE FURNISHED WITH THE SOFTWARE), EVEN IF Licensor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.

 

Nondisclosure and Confidentiality Obligations

 

Limitations on Liability

 

Disclaimer of Warranty

LICENSOR MAKES NO WARRANTIES OR REPRESENTATION TO LICENSEE OR ANY THIRD PARTY CONCERNING THE OPERATION OR PERFORMANCE OF ANY PRODUCT OR THE VALIDITY OR ENFORCEABILITY OF ANY INTELLECTUAL PROPERTY RIGHTS.  UNLESS OTHERWISE MANDATED BY APPLICABLE LAW, LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.

 

Intellectual Property

No license, rights or interest in any trademark, trade name or service mark of Licensor or any third party from whom Licensor has acquired license rights is granted under this Agreement.

All title and intellectual property rights in and to the content which may be accessed through use of the Product is the property of the respective content owner and may be protected by applicable copyright and other intellectual property laws and treaties. This Agreement grants the Licensee no right to use such content.

Indemnification.

 

Licensee agree to defend Licensor, its subsidiaries, affiliates and/or their respective successors and assigns, officers, directors, employees, agents, licensors, representatives, advertisers, business and promotional partners, operational service providers, suppliers, resellers and contractors (the “Licensor Indemnified Parties”) against any and all claims, demands and/or actions, and indemnify and hold the Licensor Indemnified Parties harmless from and against any and all losses, damages, costs and expenses (including reasonable attorneys’ fees), resulting from any breach or violation of this Agreement, infringement, violation or noncompliance with any law or regulation, as well as any use, alteration, or export of the Product.  Licensor reserves the right to assume, at Licensor’s expense, the exclusive defense and control of any claims or actions and all negotiations for settlement or compromise, and Licensee agrees to fully cooperate upon request.

 

Licensor shall defend Licensee against any third party claim that the Product infringes any patent, trademark or copyright of such third party, or misappropriates a trade secret (but only to the extent that the misappropriation is not a result of Licensee’s actions) (“Infringement Claim”) and indemnify Licensee from the resulting costs and damages finally awarded against Licensee to such third party by a court of competent jurisdiction or agreed to in settlement. The foregoing obligations are applicable only if Licensee: (i) promptly notifies Licensor in writing of the Infringement Claim; (ii) allow Licensor sole control over the defense for the claim and any settlement negotiations; and (iii) reasonably cooperate in response to Licensor’s requests for assistance. Licensee may not settle or compromise any Infringement Claim without the prior written consent of Licensor.

 

If the alleged infringing Product becomes the subject of an Infringement Claim, Licensor will, at Licensor’s option and expense, do one of the following: (a) procure the rights necessary for Licensee to make continued use of the Product; (b) replace or modify the Product to make it non-infringing; or (c) terminate the license to the Product and discontinue the related support services, and, upon Licensee’s certified deletion of the Product, issue a pro rata refund of the prepaid fees for the remaining portion of the term (if applicable).

 

Licensor will have no obligation with respect to any claim based on: (a) a combination of the Product with non-Licensor Products; (b) use for a purpose or in a manner for which the Product was not designed; (c) use of any older version of the Product when use of a newer Product version would have avoided the infringement; (d) any modification to the Product made without Licensor’s express written approval. THIS INDEMNIFICATION SECTION STATES YOUR SOLE AND EXCLUSIVE REMEDY AND LICENSOR’S ENTIRE LIABILITY FOR ANY INFRINGEMENT CLAIMS OR ACTIONS.

All notices under this Agreement shall be in writing and shall be deemed to have been given upon actual receipt by the receiving Party.

 

The address of the Parties (until written notice of change shall have been given) shall be as follows:

E-mail of Owner: info@wallpostsoftware.com

Attention: Smart Management IT Solutions

 

All rights not expressly granted herein are reserved by Licensor.

 

Governing Law

This Agreement will be construed in accordance with and governed by the laws of California, without giving effect to the conflict of law principles.

 

All provisions of this Agreement relating to disclaimers of warranties, limitation of liability, remedies or damages, and Licensor’s rights with respect to Confidential Information, Proprietary Information and Trade Secrets shall survive any termination of this Agreement.

Failure of either Party to enforce any provision of this Agreement shall not be deemed a waiver of future enforcement of that or any other provision.  In the event that any portion of this Agreement shall be held by a court of competent jurisdiction to be unenforceable, the remaining portions of this Agreement shall remain in full force and effect.

 

The licenses, the Product and any other information provided by Licensor to Licensee and any licenses and rights granted hereunder, may not be sold, leased, rented, assigned, sublicensed or otherwise transferred, in whole or in part, by Licensee except as allowed in this Agreement.  All transfers or assignments in violation of this Agreement shall be deemed void ab initio.

 

Notices

General Provisions

 

Payments Terms & Conditions

 

If you do not agree to these terms and conditions, do not check the box or provide your credit card information.

 

By checking the box and providing your credit card billing information, you agree that your service subscription will automatically renew for successive renewal terms, and you expressly authorize and permit free parking to bill each service renewal fee to the credit card you have provided, until you cancel the automatic renewal of your services.

 

If you terminate a subscription in the middle of a billing cycle, you will not receive a refund for any period of time you did not use in that billing cycle, unless you are terminating the Agreement for our breach and have so notified us in writing, or unless a refund is required by law.

 

WallPost Software will send at least one email notice of upcoming auto-renewal prior to auto-renewing your service. This notice will be sent to the Billing Contact for your account and you agree it is your responsibility to ensure your contact details are valid at all times.

 

You may cancel your auto-renewal at any time by writing to us at the address above. If you discontinue or do not select automatic renewal and billing of your subscription, you must manually renew your subscription to prevent interruption of service.

 

Automatic renewal transactions will usually be processed on the day before your existing service expires, so if you want to cancel your automatic renewal, you should do so at least 48 hours prior to your service expiry date to ensure that the cancellation is possible. You will not be able to cancel an auto-renewal on the day it is due to be processed.

 

WallPost Software cannot be held responsible for loss of service provided from them, if the auto-renewal is cancelled or your credit card details are not up to date, preventing the auto-renewal from taking place.

 

WallPost Software will notify you of any failure to process an auto-renewal and you can then arrange for alternative payment.

 

You agree that you are responsible for payment of all fees related to any service that you have set to auto-renew. Once the service renewal has been processed it cannot be reversed nor any fees refunded.

 

We are not keeping or processing your credit card information on our server.

 

LICENSEE ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THIS AGREEMENT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.  LICENSEE FURTHER AGREES THAT THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN LICENSEE AND LICENSOR, AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

 

ACCEPTED AND AGREED

 

END-USER LICENSE AGREEMENT

 

(Including Payment Terms)

 

This End-User License Agreement, by and between

  • WallPost Software(“Owner”)
  • and the client (“User”)

 

COUNTRY OF INCORPORATION: corporation having its place of business at:

Oracle Tower, 17901 Von Karman Avenue,

Suite 600 Irvine, California 92614, USA.

Telephone: +1 949-556-8831

(Collectively, the “Parties” or individually a “Party”)

 

For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

 

Licensor and Licensee agree that the following provisions shall govern the licensing of the software package manufactured by Licensor entitled WALL POST SOFTWARE PROGRAM, as described in Exhibit A hereto (the “Product”).

 

Definition of Parties 

For the purposes of this Agreement, “Licensee” shall include only the Licensee entity listed above, excluding all subsidiaries and affiliates thereof.  For purposes of this Agreement, “Licensor” shall include all affiliates and subsidiaries of Licensor.

 

Terms and Conditions 

These terms and conditions shall apply to the Product, and any enhancements, modifications, and upgrades thereto.

 

License Grant

Subject to the terms and conditions herein, Licensor hereby grants to Licensee a nontransferable, nonexclusive, limited license to use the Product in machine-readable form.

Licensee shall not reverse engineer, decompile or disassemble the Product.

 

Licensee may make one (1) copy of the Product and any documentation that is provided along with the Product, whether in hardcopy or in electronic form, for archival and backup purposes only.  All copies must bear the copyright notice(s) of Licensor contained in or on the original Licensed Software.

 

Licensee acknowledges and agrees that title to the Product and all of the intellectual property embodied therein, including without limitation, all copies of the Product, remains in Licensor or in the third parties from whom Licensor has been granted a license.  Licensee acknowledges and agrees that it does not have and does not hereby acquire any title to or ownership of the Product including, without limitation, any copies of the Product.

 

Licensee acknowledges that certain components of the Product may be patented and protected under both domestic and international patent laws and that the Product is copyrighted and protected under both domestic and international copyright laws.  Licensee specifically agrees to respect and preserve Licensor’s patents and/or copyrights therein and agrees that as a matter of contract, the patent and/or copyright laws may be enforced to their fullest extent against Licensee.

 

Licensee shall not sublicense the Product or distribute copies thereof to third parties.  Licensor shall have the right to assign this Agreement, in whole or in part, and any or all of its rights, obligations and privileges hereunder.  Licensee shall not assign its rights or obligations under this Agreement without Licensor’s express prior written consent, such consent to be granted or withheld at Licensor’s sole discretion.  Any assignment of this Agreement by Licensee, in whole or in part, without the consent of Licensor, shall be null and void.

 

Term and Termination

Term.  The term of this agreement begins as of the Effective Date and shall continue, subject to payment of license fees.

 

Termination

This Agreement shall terminate immediately in the event of breach hereof by Licensee.

Licensor may terminate this Agreement upon thirty (30) days’ prior written notice to Licensee if Licensee fails to comply with any of the material terms and conditions of this Agreement and if such failure to comply is not cured within the thirty (30) day notice period.

 

Upon termination of this Agreement, Licensee shall immediately discontinue use of the Product.  In such event, the license and rights granted herein shall expire and be terminated and Licensee shall have no further rights or access to the Product, and Licensee shall promptly destroy or return to Licensor all copies in Licensee’s possession.

 

Licensor expressly reserves any rights it may have under applicable statutory or common law with respect to Trade Secrets that may be embodied in the Products sold or licensed to Licensee hereunder or which are otherwise made available to Licensee in performance of this Agreement.  For purposes of this Agreement, “Trade Secrets” shall include but not be limited to that which is deemed a trade secret under applicable statutory or common law, as well as any formula, pattern, compilation, program, device, method, technique, process, design, engineering detail, schematic, drawing and or other similar information pertaining to the Products.

 

“Proprietary Information” means that information which Licensor desires to protect against unrestricted disclosure or competitive use and which is designated as such in writing by Licensor or is disclosed orally and within thirty (30) days thereafter is reduced to tangible form pursuant to this license.  All Proprietary Information shall be marked and noted as such prior to disclosure.  Proprietary Information may include the property of third parties who have granted a license to Licensor.

 

In the performance of its obligations under this Agreement, Licensor may disclose to Licensee certain information which is identified as a Trade Secret, Proprietary Information, or otherwise confidential in a similar manner (“Confidential Information”).  Licensee agrees that it shall not disclose Confidential Information to any third party and that it shall limit internal disclosure of Confidential Information to those employees who have a need to know and who have been made aware of and have agreed in writing to be bound by the terms of this Agreement.

 

Licensee understands and agrees that the Product contains Trade Secrets and Proprietary Information of Licensor and as a result is considered a valuable commercial asset.  Licensee agrees that it shall not provide, disclose, license or otherwise make available the Product or any copies, modifications, alterations or enhancements, to any person or entity other than Licensor as provided herein.

 

Licensee shall take all action necessary to protect the Confidential Information from unauthorized use and disclosure to the same extent (but using no less than a reasonable degree of care) that it protects its own confidential information.

 

IN NO EVENT WILL Licensor BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR INDIRECT DAMAGES, ANY LOSS OF DATA, OR LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE PRODUCT (OR ANY HARDWARE FURNISHED WITH THE SOFTWARE), EVEN IF Licensor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.

 

Nondisclosure and Confidentiality Obligations

 

Limitations on Liability

 

Disclaimer of Warranty

LICENSOR MAKES NO WARRANTIES OR REPRESENTATION TO LICENSEE OR ANY THIRD PARTY CONCERNING THE OPERATION OR PERFORMANCE OF ANY PRODUCT OR THE VALIDITY OR ENFORCEABILITY OF ANY INTELLECTUAL PROPERTY RIGHTS.  UNLESS OTHERWISE MANDATED BY APPLICABLE LAW, LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.

 

Intellectual Property

No license, rights or interest in any trademark, trade name or service mark of Licensor or any third party from whom Licensor has acquired license rights is granted under this Agreement.

All title and intellectual property rights in and to the content which may be accessed through use of the Product is the property of the respective content owner and may be protected by applicable copyright and other intellectual property laws and treaties. This Agreement grants the Licensee no right to use such content.

Indemnification.

 

Licensee agree to defend Licensor, its subsidiaries, affiliates and/or their respective successors and assigns, officers, directors, employees, agents, licensors, representatives, advertisers, business and promotional partners, operational service providers, suppliers, resellers and contractors (the “Licensor Indemnified Parties”) against any and all claims, demands and/or actions, and indemnify and hold the Licensor Indemnified Parties harmless from and against any and all losses, damages, costs and expenses (including reasonable attorneys’ fees), resulting from any breach or violation of this Agreement, infringement, violation or noncompliance with any law or regulation, as well as any use, alteration, or export of the Product.  Licensor reserves the right to assume, at Licensor’s expense, the exclusive defense and control of any claims or actions and all negotiations for settlement or compromise, and Licensee agrees to fully cooperate upon request.

 

Licensor shall defend Licensee against any third party claim that the Product infringes any patent, trademark or copyright of such third party, or misappropriates a trade secret (but only to the extent that the misappropriation is not a result of Licensee’s actions) (“Infringement Claim”) and indemnify Licensee from the resulting costs and damages finally awarded against Licensee to such third party by a court of competent jurisdiction or agreed to in settlement. The foregoing obligations are applicable only if Licensee: (i) promptly notifies Licensor in writing of the Infringement Claim; (ii) allow Licensor sole control over the defense for the claim and any settlement negotiations; and (iii) reasonably cooperate in response to Licensor’s requests for assistance. Licensee may not settle or compromise any Infringement Claim without the prior written consent of Licensor.

 

If the alleged infringing Product becomes the subject of an Infringement Claim, Licensor will, at Licensor’s option and expense, do one of the following: (a) procure the rights necessary for Licensee to make continued use of the Product; (b) replace or modify the Product to make it non-infringing; or (c) terminate the license to the Product and discontinue the related support services, and, upon Licensee’s certified deletion of the Product, issue a pro rata refund of the prepaid fees for the remaining portion of the term (if applicable).

 

Licensor will have no obligation with respect to any claim based on: (a) a combination of the Product with non-Licensor Products; (b) use for a purpose or in a manner for which the Product was not designed; (c) use of any older version of the Product when use of a newer Product version would have avoided the infringement; (d) any modification to the Product made without Licensor’s express written approval. THIS INDEMNIFICATION SECTION STATES YOUR SOLE AND EXCLUSIVE REMEDY AND LICENSOR’S ENTIRE LIABILITY FOR ANY INFRINGEMENT CLAIMS OR ACTIONS.

All notices under this Agreement shall be in writing and shall be deemed to have been given upon actual receipt by the receiving Party.

 

The address of the Parties (until written notice of change shall have been given) shall be as follows:

E-mail of Owner: info@wallpostsoftware.com

Attention: WallPost Software

 

All rights not expressly granted herein are reserved by Licensor.

 

Governing Law

This Agreement will be construed in accordance with and governed by the laws of California, without giving effect to the conflict of law principles.

 

All provisions of this Agreement relating to disclaimers of warranties, limitation of liability, remedies or damages, and Licensor’s rights with respect to Confidential Information, Proprietary Information and Trade Secrets shall survive any termination of this Agreement.

Failure of either Party to enforce any provision of this Agreement shall not be deemed a waiver of future enforcement of that or any other provision.  In the event that any portion of this Agreement shall be held by a court of competent jurisdiction to be unenforceable, the remaining portions of this Agreement shall remain in full force and effect.

 

The licenses, the Product and any other information provided by Licensor to Licensee and any licenses and rights granted hereunder, may not be sold, leased, rented, assigned, sublicensed or otherwise transferred, in whole or in part, by Licensee except as allowed in this Agreement.  All transfers or assignments in violation of this Agreement shall be deemed void ab initio.

 

Notices

General Provisions

 

Payments Terms & Conditions

 

If you do not agree to these terms and conditions, do not check the box or provide your credit card information.

 

By checking the box and providing your credit card billing information, you agree that your service subscription will automatically renew for successive renewal terms, and you expressly authorize and permit free parking to bill each service renewal fee to the credit card you have provided, until you cancel the automatic renewal of your services.

 

If you terminate a subscription in the middle of a billing cycle, you will not receive a refund for any period of time you did not use in that billing cycle, unless you are terminating the Agreement for our breach and have so notified us in writing, or unless a refund is required by law.

 

WallPost Software will send at least one email notice of upcoming auto-renewal prior to auto-renewing your service. This notice will be sent to the Billing Contact for your account and you agree it is your responsibility to ensure your contact details are valid at all times.

 

You may cancel your auto-renewal at any time by writing to us at the address above. If you discontinue or do not select automatic renewal and billing of your subscription, you must manually renew your subscription to prevent interruption of service.

 

Automatic renewal transactions will usually be processed on the day before your existing service expires, so if you want to cancel your automatic renewal, you should do so at least 48 hours prior to your service expiry date to ensure that the cancellation is possible. You will not be able to cancel an auto-renewal on the day it is due to be processed.

 

WallPost Software cannot be held responsible for loss of service provided from them, if the auto-renewal is cancelled or your credit card details are not up to date, preventing the auto-renewal from taking place.

 

WallPost Software will notify you of any failure to process an auto-renewal and you can then arrange for alternative payment.

 

You agree that you are responsible for payment of all fees related to any service that you have set to auto-renew. Once the service renewal has been processed it cannot be reversed nor any fees refunded.

 

We are not keeping or processing your credit card information on our server.

 

LICENSEE ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THIS AGREEMENT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.  LICENSEE FURTHER AGREES THAT THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN LICENSEE AND LICENSOR, AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

 

ACCEPTED AND AGREED

 

mark_email_read

Verify your email address

Thank you for joining us! Just verify your email address and get access to your account.

We’ve sent you an email to verify your email address. If you didn’t receive the mail, Please check your spam folder.

If you do not verify your email address within 7 days, you will need to create new account. If you are experiencing a problem, Please contact our support team.

auto_awesome

Set Your Password

lock
lock
auto_awesome

Free Trial

You are almost there, complete the form and start

Please correct the errors
Invalid account number or owner email
person
work
email
phone
local_offer
public