By using our website you agree to these terms and conditions. If you do not agree with these terms and conditions you may only use the website to send us feedback on why you do not agree with the terms and conditions.
1. SOFTWARE. The capitalized term "Software" used below refers to Serving Alcohol Inc. Online Training Software presentations, any updates to the software, any supplemental materials provided to you by ServingAlcohol.com, the user manual, any associated software components, any related media and printed materials, and any "online" or electronic documentation.
2. RESTRICTIONS. You may not reduce the Software to human readable form, reverse engineer, de-compile, or disassemble the Software. You may not rent, lease, or lend the Software. You may not use the Software to perform any unauthorized transfer of information, such as copying or transferring a file in violation of a copyright, or for any illegal purpose. You may not remove any copyright, trademark, reservation of rights, or any other proprietary language displayed on, in, or with the Software.
3. SUPPORT SERVICES. Serving Alcohol Inc. may provide you with support services related to the Software. Support services are provided by online documentation, forums and other Serving Alcohol Inc. materials. Serving Alcohol Inc. may use any information you provide as part of obtaining support services for its business purposes, including product support and development.
4. TERMINATION. This license terminates if you fail to comply with its terms and conditions. If your license terminates, you must destroy all copies of the Software and any access information such as username and password. The termination of this license does not limit Serving Alcohol Inc. other rights it may have by law.
5. COPYRIGHT. You acknowledge that you have only the limited; non-exclusive right to use the Software as expressly stated in this license and that Serving Alcohol Inc. retains title and all other rights. The Software is protected by United States copyright law and international treaty provisions as well as other applicable laws.
6. NO WARRANTIES. To the maximum extent permitted by applicable law, the Software is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or no infringement. The Software is provided with all faults and the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
7. LIMITATION OF LIABILITY. To the extent permitted by applicable law, Serving Alcohol Inc. is not liable to you for any consequential, special, incidental, or indirect damages of any kind arising out of the delivery, performance, or use of the Software, or inability to use the Software, even if Serving Alcohol Inc. has been advised of the possibility of such damages. Serving Alcohol Inc. liability for any claim related to your purchase or use of the training Software, whether in contract, tort, or any other theory of liability will not exceed the greater of U.S. $1.00 or license fee paid by you to Serving Alcohol Inc.
8. INDEMNIFICATION. You agree to indemnify and hold harmless Serving Alcohol Inc. or Cat 5 Software, Inc. and all of its training partners against any loss, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims based on your act or omission or alleged act or omission that constitutes a violation of this License.
9. U.S. GOVERNMENT RESTRICTED RIGHTS. The Software is provided with the commercial rights and descriptions described in this license, and is otherwise provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause of DFARS 252.227- 7013 or subparagraphs (c)(i) and (2) of the Commercial Computer Software- Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Serving Alcohol Inc. and its partners.
10. MISCELLANEOUS. If you acquired the Software in the United States, this license is governed by the laws of the state of Florida. If you acquired the Software outside of the United States, then local laws may apply. This License is not governed by the United Nations Convention of Contracts for the International Sale of Goods. This License constitutes the complete and exclusive agreement between us, notwithstanding any provision in any purchase order or other written document, except for the portion of our invoice that states the number of separate license fees covered by our invoice as described in Section 2, above. This License may only be modified by a written document signed by both of us. If any provision of this License is held to be unenforceable, the remainder of the License shall not be affected, and the unenforceable provision shall be reformed to the extent necessary to make the provision enforceable.
11. CONTACT INFORMATION. Should you have any questions concerning this license, or if you desire to contact Serving Alcohol Inc. for any reason, please contact us by clicking here.