DataTrak Business Solutions, Co.
DataTrakPOS Version 5 End User License Agreement Addendum
This agreement is by and between DataTrak Business Solutions, Co. (Company) and
you, the end user or resellers inclusively and collectively referred to as (User).
This agreement is an extension (addendum) to the End User License Agreement (EULA)
that you agreed to when you installed the DataTrakPOS software system. This
agreement covers both DataTrakPOS software as well as private labeled version of
DataTrakPOS sold under different or various names. This addendum does not
replace, but instead, adds to the existing EULA.
SOFT UPGRADES
You agree that DataTrakPOS produces what are known as "Soft Upgrades". Soft
upgrades are based on existing software code where the version number has been incremented
in some way forward from where it was previously. In a soft upgrade, the major
version number is changed along with any minor build numbers such as this upgrade
from major version 4 to major version 5.
GUARANTEE OF FEATURES OR CHANGES
You agree that company will post what is believes to be accurate information concerning
proposed changes, feature additions, etc to the company product from time to time.
However, you agree that Company is not obligated and makes no assurances, warranties
or guarantees concerning specific features or changes to the software at any time
other than what company posts on its website in the form of a "road map".
This means that Company is not obligated to include, develop or otherwise change
the software in anyway for any upgrade version not already posted in our road map.
When you purchase an upgrade to the next major version cycle, you are entitled to
any changes, feature additions, upgrades and bug fixes released during that major
version's life cycle.
MAJOR VERSION LIFE CYCLE
You agree that company is not obgligated to extend the time period between major
version upgrade for any period of time. Company will make an effort to extend
the life cycle of a major version upgrade (included version 5) to include substantial
functionality and feature upgrades. However, company may, at it's sole discretion,
increase the major version at any time up until version 6. Starting with version
6, version life cycles will be for a minimum of one year duration.
MAJOR VERSION UPGRADES PRICING
You agree that company makes no warranties as to price points or fixed pricing of
major version upgrades. During a major version life cycle, you are entitled
to any upgrades, feature additions, enhancements and/or bug fixes added to the software
during the time that you have either A) paid for a major upgrade version or B) have
been given a complementary upgrade to the next version. You hereby acknowledge
that company has no obligation to continue to provide to you any upgrades, feature
additions, enhancements or bug fixes not included in the current major version that
you have either paid for or have been given complimentary access to. You are
entitled to these feature upgrades, enhancements and bug fixes only for the duration
of the major version that you have either paid for or have been given complimentary
accesss to.
NO OBLIGATION TO UPGRADE
Before a major upgrade is released and made available, company will post notice
to it's website or other appropriate media indicating it's intention to release
a major upgrade. This notice will include any new or additional terms as well
as the price for access to the next major upgrade via download or other means.
You are not obgligated to upgrade for any reason and because there is a charge for
upgrading past version 5, you should carefully consider the advantages of upgrading
before doing so. If you choose not to upgrade, you may still use your current
version of the software and you will still be entitled to any maintenance updates
that may be released for your current version according to your original End User
License Agreement (EULA). |
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