End User License Agreement

End-User License Agreement for BizWizard Order Manager ("Software")

Agreement Dated: February 12, 2018

AGREEMENT. After reading this agreement carefully, if you ("Customer") do not agree to all of the terms of this agreement, you may not use or install this software. Unless you have a different license agreement signed by NetSoft Studio that covers this copy of the Software. Your use of this Software indicates your acceptance of this license agreement and warranty. All updates to the software that you install shall be considered part of the software and subject to the terms of this agreement. Changes to this agreement may accompany updates to the software, in which case by installing such update customer accepts the terms of the new agreement as changed. This Agreement is not otherwise subject to addition, amendment, modification, or exception unless in writing signed by an officer of both the customer and NetSoft Studio.

This software is owned by NetSoft Studio and is protected by national copyright laws and international copyright treaties.

1. GRANT OF LICENSE AND PROHIBITIONS. This software is licensed to you or your company. You are not obtaining title or ownership to the software or any copyrights. You may not sublicense, rent, lease, convey, modify, translate, convert to another programming language, decompile, or disassemble the software for any purpose. The license may not be transferred to another under any circumstances. Permission must be obtained in writing signed by an officer of NetSoft Studio before mirroring or redistributing the evaluation copies of the software.
2. USE AND EVALUATION PERIOD. You may use one or more copies of this software on one or more client computer(s) or on multiple computers in a network environment. A copy of this software is considered in use when loaded into temporary memory (i.e., RAM) and/or installed on a permanent storage device (i.e., hard disk, CD-ROM, etc.). The evaluation period is defined as the time period for which temporary license expiration has been provided. By default a temporary license in evaluation mode is provided with no expiration date. During this evaluation period, the software will operate with limitations in place such as limitations on how many orders, customers, suppliers, and associates may be created within the software. These limitations are removed when the software is licensed.
3. MULTI-COMPUTER LICENSES. Each database used must be licensed for use in production environment. You may install the programs that link to that database on as many computers in your network as needed up to 50 Computers. Each computer may link to a single licensed database, or may link to multiple licensed databases, so long as each database has been licensed unless operating in evaluation mode as defined in paragraph 2.
4. LIMITED WARRANTY. THE SOFTWARE IS PROVIDED AS IS AND NETSOFT STUDIO, LLC. DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5. ANTI-TRUST COLLABORATION. YOU REPRESENT AND WARRANT THAT YOUR PRICES AND SUPPLIER CHOICES AND/OR CUSTOMER CHOICES ARE ESTABLISHED UNILATERALLY, THAT YOU OR YOUR COMPANY HAS NOT COLLABORATED OR COMMUNICATED WITH OTHER COMPETITIVE BUSINESSES WITH RESPECT TO YOUR PRICES AND CHOICE OF SUPPLIERS AND/OR CUSTOMER CHOICES, AND THAT NEITHER NETSOFT STUDIO, LLC., ITS PARTNERS, AFFILIATES, OFFICERS, EMPLOYEES NOR ANYONE INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE OR COMPONENTS OF THIS SOFTWARE IS AT ALL INVOLVED IN YOUR PRICING DECISIONS, CHOICE OF SUPPLIER DECISIONS OR CHOICE OF CUSTOMER DECISIONS.
6.0 PCI-DSS COMPLIANCE. NETSOFT STUDIO HAS MADE EVERY EFFORT TO ENSURE BIZWIZARD ORDER MANAGER IS PCI-DSS COMPLIANT BY ENCRYPTING WITH STRONG ENCRYPTION THE DATABASE CONTENT AND PASSWORD PROTECTING THE DATABASE CONTENTS INCLUDING AS WELL AS MEETING STRICT STANDARDS TO ENSURE CREDIT CARD HOLDER DATA IS SAFE AND SECURE. HOWEVER IT IS UP TO THE USER(S) OF THIS SOFTWARE TO ENSURE THEY MEET ALL PCI-DSS GUIDELINES BY ENSURING THEIR NETWORK IS SECURE, PASSWORDS FOR USER ACCOUNTS WITHIN BIZWIZARD ORDER MANAGER ARE SECURE AND ARE NOT SHARED, AS WELL AS ENSURING DEFAULT PASSWORDS FOR BIZWIZARD ORDER MANAGER HAVE BEEN CHANGED, ENSURING EMPLOYEES HAVE ACCESS TO CREDIT CARD HOLDER DATA ON AN AS NEEDED BASIS AS WELL AS ALL OTHER PCI-DSS COMPLIANCE REQUIREMENTS. BIZWIZARD DOES NOT RECORD, NOR STORE THE MAGNETIC STRIPE DATA FROM CREDIT CARDS ANYWHERE IN THE BIZWIZARD ORDER MANAGER DATABASE WITH EXCEPTION TO THE CREDIT CARD NUMBER, NAME ON CARD AND EXPIRATION DATE WHICH IS VISIBLE ON THE FRONT OF THE CREDIT CARD. SECURITY SETTINGS ON AN ASSOCIATE BY ASSOCIATE BASIS HAVE BEEN PROVIDED TO ALLOW YOUR COMPANY TO IDENTIFY WHICH ASSOCIATES HAVE AURTHORITY TO VIEW CREDIT CARD HOLDER DATA. IN ADDITION THE CARD SECURITY CODE (KNOWN AS THE CVV2 CODE) FOUND ON BACK OR FRONT OF THE CREDIT CARD IS NOT STORED BY BIZWIZARD ORDER MANAGER SOFTWARE AUTOMATICALLY. BIZWIZARD ORDER MANAGER ENSURES ALL COMMUNICATIONS ACROSS THE INTERNET TO SHOPKART SERVERS ARE ACCESSED THROUGH ENCRYPTED CHANNELS ONLY. EACH VERSION OF BIZWIZARD ORDER MANAGER RELEASED HAS ALL SECURITY PATCHES AND UPDATES APPLIED. IT IS UP TO YOU TO ENSURE YOU KEEP UP WITH THE SECURITY PATCHES AND UPDATES FROM MICROSOFT UPDATE AND OTHER UPDATES FROM OTHER SOFTWARE VENDORS AS WELL AS ANTI-VIRUS, ANTI-SPYWARE AND FIREWALL UPDATES. E-MAILS ORIGINATING FROM BIZWIZARD ORDER MANAGER MAY OR MAY NOT BE ENCRYPTED DEPENDING UPON YOUR ISP SERVERS SETTINGS AND CAPABILITIES. NETSOFT STUDIO IS NOT LIABLE FOR ANY COMMUNICATION OF ORDER INFORMATION, INVOICE, CUSTOMER INFORMATION, CONTACT INFORMATION, SUPPLIERS INFORMATION PURCHASE ORDERS, TRANSACTION HISTORIES, IN-STORE CREDITS, STATEMENTS AND ANY OTHER FORM OF E-MAIL COMMUNICATION SENT FROM ORDER MANAGER TO ANY RECIPIENT. IT IS A VIOLATION OF PCI-DSS TO SEND CREDIT CARD HOLDER DATA THROUGH E-MAIL IN ITS RAW FORM. BIZWIZARD ORDER MANAGER ONLY COMMUNICATES CARD HOLDER PAYMENT INFORMATION ON PRE-DEFINED E-MAILS AND PRINTOUTS AFTER MASKING A MINIMUM OF 8 CHARACTERS OF THE CREDIT CARD NUMBER.

7. LIMITATION ON DAMAGES. NEITHER NETSOFT STUDIO, ITS PARTNERS, AFFILIATES, OFFICERS, EMPLOYEES NOR ANYONE INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE OR COMPONENTS OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE, INSTALLATION OF OR UN-INSTALLATION OF SUCH SOFTWARE EVEN IF NETSOFT STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. IN NO EVENT SHALL NETSOFT STUDIOï¿½S LIABILITY FOR ANY DAMAGES EXCEED THE DOLLAR AMOUNT PAID FOR THE MONTH IN WHICH THE CAUSE OF DAMAGES OCCURRED, REGARDLESS OF THE FORM OF CLAIM. THE PERSON OR COMPANY USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND HEREBY AGREES TO DEFEND NETSOFT STUDIO AT PERSON OR COMPANYï¿½S OWN COSTS AGAINST ALL CLAIMS. YOU AGREE TO HOLD NETSOFT STUDIO HARMLESS OF ALL CLAIMS AT YOUR COST WHETHER IN CONTRACT OR TORT FROM ANY AND ALL LIABILITY RELATED TO PCI-DSS COMPLIANCE VIOLATIONS.
8. INSTALLATION - This is notification that software and software components will be installed as part of the installation process when you install this software. If you do not want any of these components installed, then cancel the installation process. If you proceed with the installation process you are agreeing that this installation may make changes to your computer's hard drive, registry configurations, and/or other changes as necessary for this software to run or as necessary to manage the components installed and registered. As part of this installation, older version of software components may be upgraded to accommodate the needs of this software package. All limitations on damages defined in section 7 of this agreement remain in force. This software specifically will install the Microsoftï¿½ Access 2010 Runtime modules which may or may not conflict with older or newer versions of Microsoft Access or Microsoft Access Runtime. In addition, other third party components may be installed as is necessary to complete all the functionality of the software.
9. DURATION. This software and database is licensed based upon a time period. You are leasing the software for a time period in which the software license is paid. Each Renewal of the license results in a new time period paid for use of the software and database. The Software is never sold or owned by a particular party and no tangible property has or is exchanged between NetSoft Studio and the customer unless a Non-Expiring License has been agreed to by NetSoft Studio and is paid for in which case tangible property has been transferred and may be subject to sales tax.
10. TAXES AND DUTIES. You agree and understand that if there are any sales and use taxes in your state or province that must be paid as a result of you using this software that it is your responsibility to pay these taxes or fees. In some states, NetSoft Studio is required to collect sales tax, which will be collected as part of the service fees assessed. For states that Netsoft Studio is not required to collected taxes, you agree that you will take necessary actions to ensure you have reported and paid any sales and use tax fees. You also agree that should there be any import/export duty taxes or other governmental imposed taxes due to the use of this software that it is your responsibility to report and pay these taxes.
11. PAYMENT. Payment of the Software license for a time period or renewal of payment is renewal of the license agreement for the duration of the new licensing period. Pricing is based upon the current published rates. A rate sheet may always be requested. If you have chosen one of our monthly payment options with a contract period licensing, you agree to permit your credit card to be assessed each month during your licensing period according to the contract period licensing. Should you default on your payment plan option, you understand that any discounts provided as part of your monthly payment or contract period are forfeited and you will be assessed retroactively back to the beginning of the contract period all discount fees and will be assessed late payment fees for each month past due or $30.00 as well as finance charges of 1.5% per month.
12. REFUNDS. The BizWizard Order Manager Softwareï¿½s license is non-refundable for any reason. NetSoft Studio provides you with the ability to fully test the software solution in your environment with minor imposed limitations absolutely free. For this reason, licensing should only occur after you have fully evaluated the software and are ready to make use of it. 13. TERMINATION. This agreement terminates on the date of the first occurrence of either of the following events: (1) The expiration of the software license; or (2) One party materially breaches any terms of this agreement or any terms of any other agreement between customer and NetSoft Studio, that are either uncorrectable or that the breaching party fails to correct within one (1) month after written notification by the other party. Section 4, Section 5 and Section 7 of this agreement will survive the termination of this agreement.
14. TECHNICAL SUPPORT. This software comes with free technical support available via telephone for 30 days starting with the first date the software license was issued. In addition, free technical support is always available for the duration of the paid software lease via e-mail or online chat if the chat service is available and being offered on the date and time support is needed. After 30 days, technical support via telephone is available at the rate of $50.00/Incident and the support incident must be paid in full prior to receiving telephone technical support. If we have a credit card agreement on file for automatic charging of your credit card to pay for services rendered by NetSoft Studio, then any support incident fees may be assessed to your credit card automatically. Should the support issue be a result of a software bug, the support fee will be refunded or waived. This refund may occur after the original charge has been made and after the technical support agent has determined the problem is related to a software bug. A software bug is defined as a documented feature that is not performing according to the specifications it has been documented to perform.
15. ACCESS TO EXTERNAL DATA SOURCESYou agree that BizWizard Order Manager will request data from NetSoft Studios web site for obtaining validation of licensing, license codes and communications from NetSoft Studio to your company via internet electronic communications. BizWizard Order Manager does not transmit any of your customer information to our online network.
16. SOFTWARE TRAINING This software does not include live training via a NetSoft Studio Sales, Support, or Engineer or any other Personnel of NetSoft Studio. Training is available onsite and/or via webinar with telephony voice connection at an additional price exclusive of the subscription price for the software itself.
17. GOVERNING LAW. The laws of the State of Nevada shall govern this agreement. Any action or proceeding brought by either party against the other arising out of or related to this agreement shall be brought only in a state or federal court of competent jurisdiction located in Washoe County, Nevada The parties hereby waive their right to a trial by Jury.
18. U.S. GOVERNMENT RESTRICTED RIGHTS. This Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (a) of the Rights in Commercial Computer Software clause at DFARS 227.7202-3 or subparagraphs (c)(1) and (2) of the Commercial Computer Software -- Restricted Rights clause at 48 CFR 52.227-19, as applicable. Manufacturer is:
NetSoft Studio 300 Serenity Way Harrisburg, PA 17112 United States of America Phone: 775-996-1343
19. CONSENT TO USE OF DATA. You agree that NetSoft Studio, and its affiliates may collect and use technical information you provide as part of support services related to the product. You agree and acknowledge that this software will automatically provide technical information about your computerï¿½s hard drive, memory, system date, system time, and other components including usage data about how our software products are used including data statistics to NetSoft Studio. This information is used to protect NetSoft Studio right to ownership of this software against software piracy as well as better understanding of how customers use our software products. In addition, this software may utilize the internet to e-mail NetSoft Studio statistical and demographic information including by not limited to your company name, address, city, state, zip code and phone number when you install and use this software. You agree that this information may be supplied to NetSoft Studio and NetSoft Studio agrees that this information shall be used only for statistical analysis and information to know whom or what companies are utilizing this software package.
20. PRIVACY OF DATA. In some instances, NetSoft Studio may have access to data and information contained inside the BizWizard Order Manager Database or on your computer and networks. These instances include but are not limited to: Technical support help to assist you with database corruptions, remote technical support sessions whereby NetSoft Studio has access to your computer and network. In each of these occasions, you will provide permission for NetSoft Studio to access this information on an as needed basis to fulfill our customer service to your company. As a result of NetSoft Studio has instituted the following privacy policy to ensure your company of how we use the data we may have access to:As it relates to our web site and data submitted on our web site, in the course of serving its customers, NetSoft Studio acquires stores and transmits customer communications and information that customers may regard as private or sensitive. Some of this information - such as the customer's name, address, telephone number, and credit card data - is provided to NetSoft Studio by its customers in order to establish service. Other information - such as the customer's account status, choice of services, and customer logs - is created and maintained by NetSoft Studio in the normal course of providing service. NetSoft Studio also uses cookies on its website, which are small pieces of information that a web site can store in a designated file on a user's computer for various reasons. For example, NetSoft Studio uses cookies on the landing pages of products sold online which record the customer information that is required on the order form. This information is then forwarded to an internal sales tracking database within NetSoft Studio. In addition, NetSoft Studio may store customers' electronic mail and other communications as a necessary incident to the transmission and delivery of those communications. NetSoft Studio protects the confidentiality of its customers' information, account information and personal communications, information stored inside database, and on computers and networks within our office, our affiliateï¿½s offices and your office. To secure the information collected online, prevent unauthorized access, maintain data accuracy and ensure only appropriate use of information that is collected from customers, NetSoft Studio has implemented appropriate physical, electronic, and managerial procedures. Further, NetSoft Studio requires that employees keep customer information confidential. NetSoft Studio cautions its customers and website visitors that no medium of communication, including the Internet, is entirely secure. Accordingly, NetSoft Studio cannot be responsible for loss, corruption or unauthorized acquisition and use of personal information provided to our website or via any other network connection whether internet, in person or external, or for any damages resulting from such loss, corruption, unauthorized acquisition or unauthorized use.NetSoft Studio may share customer information with selected partners, for example, to provide customers with information about products which might be of interest to the customer or to enable the customer to take advantage of special partner programs. NetSoft Studio may also use customer information to provide its customers with system information or information about new or upgraded products. NetSoft Studio may also share customer information with partners in the normal course or providing services for which customer has requested or to obtain licensing for software and server solutions on behalf of the customer. Such Partners are also required by NetSoft Studio to maintain the same privacy policies as NetSoft Studio. In the case of a business transaction, including but not limited to, a merger or sale of a portion of NetSoft Studio's assets, customer information will likely be part of the assets transferred. In this event, NetSoft Studio will attempt to notify impacted customers that their information has been transferred.NetSoft Studio will not otherwise disclose its customers' personal and account information, database information, company information, or any other information entrusted to NetSoft Studio unless NetSoft Studio has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of NetSoft Studio, NetSoft Studio's customers, or others, or where NetSoft Studio has a good faith belief that the law requires such disclosure.NetSoft Studio also will not, except for reasons stated below, disclose to third parties the contents of any electronic mail or other electronic communications that NetSoft Studio stores or transmits for its customers. The circumstances under which NetSoft Studio will disclose such electronic customer communications are when:1.it is necessary in order to provide service to the customer; 2.it is necessary to protect the legitimate interests of NetSoft Studio and its customers; 3.it is required to cooperate with interception orders, warrants, or other legal process that NetSoft Studio determines in its sole discretion to be valid and enforceable; 4.it is necessary to provide to a law enforcement agency when the contents are inadvertently obtained by NetSoft Studio and appear to pertain to the commission of a crime. NetSoft Studio disclaims any intention to censor, edit or engage in ongoing review or surveillance of communications stored on or transmitted through its facilities by customers or others. NetSoft Studio will, however, review, delete or block access to communications that may harm NetSoft Studio, its customers or third parties. As it relates to providing technical support, NetSoft Studio may need to gain access to your BizWizard Order Manager Database in order to repair or correct corruptions on an as needed basis. If such an situation arises such that we need to gain access to your BizWizard Order Manager database to correct any issues with the database, you will know and authorize it on a case by case basis unless you have contracted our managed network services under which our staff will be able to gain access to this information and manage such databases for you to ensure optimum performance.In all cases, NetSoft Studio treats such data and information as highly confidential and it is never intentionally released to the public or any third party without your knowledge and consent. In addition, only those employees at NetSoft Studio that have a NEED TO ACCESS such information in normal course of business to provide technical support are granted access to such information, and only for the duration of time needed to complete the support request. Whereas all remote communication connections are encrypted and secured with 128-bit encryption, due to the nature of electronic communications, data transfers, and the internet we make no warranty or guarantee that such information cannot be compromised. It is our intention to always protect such data with the highest level of encryption and tools available to us. Even the BizWizard Order Manager Database itself as it sits on your network is encrypted by default, so even if a computer housing such data in your place of business is stolen, the data cannot be accessed without extreme hacking attempts, however we make no warranty or guarantee that such information cannot be compromised.
21. PuTTY LICENSE - PuTTY is copyright 1997-2025 Simon Tatham.Portions copyright Robert de Bath, Joris van Rantwijk, Delian Delchev, Andreas Schultz, Jeroen Massar, Wez Furlong, Nicolas Barry, Justin Bradford, Ben Harris, Malcolm Smith, Ahmad Khalifa, Markus Kuhn, Colin Watson, Christopher Staite, Lorenz Diener, Christian Brabandt, Jeff Smith, Pavel Kryukov, Maxim Kuznetsov, Svyatoslav Kuzmich, Nico Williams, Viktor Dukhovni, Josh Dersch, Lars Brinkhoff, and CORE SDI S.A.Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.