1.1 We agree to provide our services and/or license our software to you on the following terms and conditions. These constitute a contract between us and you and must be read together with our proposal to you or any other documents explicitly agreed to be part of this contract. Any other terms and conditions contained in any other document are excluded unless their inclusion is expressly agreed in writing.
1.2 In these terms and conditions:
1.2.1 “we” and “us” means CHHJ Franchising LLC
1.2.2 the “Services” means the services that you have received from us; and
1.2.3 the “Software” means the software that you have been provided by us.
1.2.4 “you” or “your” means the person or entity, entering into this contract with us for the provision of services and/or software.
SOFTWARE LICENSE TERMS
(The following terms shall apply to all licenses of software by us to you).
2.1 We grant you a non-exclusive, non-transferable license to use the Software subject to these terms and conditions, and limited to the time agreed between us.
2.2 We license you to use the Software for your internal business purposes only.
2.3 We have the right to grant you this license. We are not transferring any rights of ownership, copyright or other intellectual property in the Software to you.
3.1 We will not be liable to you or to any third party for any lost revenues or profits, loss of date or any direct, indirect or consequential damages relating to the Software in any way, or for inability to use the Software for any reason. USE OF THE SOFTWARE
4.1 You agree that:
(a) you and your staff will keep the Software confidential;
(b) you will not copy the Software or allow anyone else to copy it;
(c) you will not make the Software available to anyone else.
(d) you will not modify the Software or (except the extent permitted by law) disassemble, decompile or reverse engineer it.
4.2 You also agree that if we suffer any loss, damage, fine or expenses as a result of unauthorized access to or any use or misuse of the Software because of your breach of any provision of this Agreement, you will indemnify us.
You agree that you will:
5.1 ensure that your employees co-operate fully with us in relation to the provision of the Services; and
5.2 promptly give us such information and documents as we may reasonably request for the proper and efficient provision of the Services