END-USER LICENSE AGREEMENT FOR PointOS Professional.
IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE
AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM:
PointOS Professional End-User License Agreement (“EULA”) is a legal agreement between
you (either an individual or a single entity) and ShakenSoft, LLC for the ShakenSoft, LLC
software product(s) identified above which may include associated software components,
media, printed materials, and “online” or electronic documentation (“SOFTWARE
PRODUCT”). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you
agree to be bound by the terms of this EULA. This license agreement represents the entire
agreement concerning the program between you and ShakenSoft, LLC (referred to as
“licenser”), and it supersedes any prior proposal, representation, or understanding between
the parties. If you do not agree to the terms of this EULA, do not install or use the
The SOFTWARE PRODUCT is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT
is licensed, not sold.
1. GRANT OF LICENSE.
The SOFTWARE PRODUCT is licensed as follows:
(a) Installation and Use.
ShakenSoft, LLC grants you the right to install and use copies of the SOFTWARE PRODUCT
on your computer running a validly licensed copy of the operating system for which the
SOFTWARE PRODUCT was designed [e.g., Windows 95, Windows NT, Windows 2003,
Windows XP, Windows Vista, Windows 7, Windows 8].
(b) Backup Copies.
You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup
and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of the SOFTWARE
You may not distribute registered copies of the SOFTWARE PRODUCT to third parties.
Evaluation versions available for download from ShakenSoft, LLC or PointOS’s websites may
be freely distributed.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT,
except and only to the extent that such activity is expressly permitted by applicable law
notwithstanding this limitation.
You may not rent, lease, or lend the SOFTWARE PRODUCT.
(e) Support Services.
ShakenSoft, LLC may provide you with support services related to the SOFTWARE
PRODUCT (“Support Services”). Any supplemental software code provided to you as part of
the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to
the terms and conditions of this EULA. ShakenSoft, LLC may at times send error and other
non-sensitive information back to themselves from the software. This information is for
ShakenSoft’s use only and will not be distributed, in any way, or used for any marketing
purposes. Any attempt to directly edit the database, change the source code, or alter the
product in any way may result in a loss of support service, regardless of service contracts in
place. Additionally, attempting any unauthorized changes to the product, database, or source
code, for any purpose or reason, may lead to, but is not limited to, loss of service contract
without reimbursement and civil and/or criminal prosecution.
ShakenSoft, LLC offers support to all customers. Level 1 phone support is available 24
hours/day 7 days a week. However, ShakenSoft, LLC does not guarantee
that Level 1 support will be available at all times. Reasons for support downtime may include,
but are not limited to weather, maintenance, or other technical issues out of ShakenSoft,
LLC’s control. Any issues requiring escalation, may be resolved by Level 2 or higher.
Escalated issues will be resolved as quickly as possible when a development engineer is
available. Depending on the issue, ShakenSoft, LLC does not guarantee any specific time
period for resolution. ShakenSoft, LLC reserves the right to deny any/all support to any
customer who is deemed abusive, uncooperative, or for any other reason at ShakenSoft,
ShakenSoft, LLC will provide support on a pay subscription basis. Additionally, support may
be denied or terminated to any customer at anytime. Termination of support service may
include but is not limited to abusive behavior to support staff, hacking or attempting to
change the PointOS code or database, the use of pirated serial numbers, or any other reason
at the sole discretion of ShakenSoft, LLC.
Shakensoft, LLC does not support 3rd party software, hardware or any product that was not
purchased from Shakensoft. Hardware sold by Shakensoft, LLC will receive limited basic support
and at any point the customer may be referred to the manufacturer.
If in the event ShakenSoft, LLC no longer exists as a company, support will no longer be
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT. This
includes but is not limited to the use and storage of state issued identification information and
images, use and storage of customer information, and the use and storage of all credit card
information. This information may not be misused, sold or replicated in any way. The
collection and use of this data must be in compliance with all state, local, and federal law and
must not violate your credit card merchant agreements. ShakenSoft, LLC is not responsible
for any misuse of this software for any purpose that is in violation of any applicable law. Using
this software in any way illegal way will violate this agreement and the software license will be
Without prejudice to any other rights, ShakenSoft, LLC may terminate this EULA if you fail to
comply with the terms and conditions of this EULA. In such event, you must destroy all copies
of the SOFTWARE PRODUCT in your possession.
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any
copies thereof are owned by ShakenSoft, LLC or its suppliers. All title and intellectual property
rights in and to the content which may be accessed through use of the SOFTWARE
PRODUCT is the property of the respective content owner and may be protected by
applicable copyright or other intellectual property laws and treaties. This EULA grants you no
rights to use such content. All rights not expressly granted are reserved by ShakenSoft, LLC.
5. TRANSMISSION OF DATA
SHAKENSOFT reserves the right to transmit data from the software to our servers for the
purpose of error fixes, service improvement, and other diagnostic information. At no time will
your private information be sold or given to any 3rd parties.
6. NO WARRANTIES
ShakenSoft, LLC expressly disclaims any warranty for the SOFTWARE PRODUCT. The
SOFTWARE PRODUCT is provided As Is without any express or implied warranty of any kind,
including but not limited to any warranties of merchantability, noninfringement, or fitness of a
particular purpose. ShakenSoft, LLC does not warrant or assume responsibility for the
accuracy or completeness of any information, text, graphics, links or other items contained
within the SOFTWARE PRODUCT. ShakenSoft, LLC makes no warranties respecting any
harm that may be caused by the transmission of a computer virus, worm, time bomb, logic
bomb, or other such computer program. ShakenSoft, LLC further expressly disclaims any
warranty or representation to Authorized Users or to any third party.
7. LIMITATION OF LIABILITY
In no event shall ShakenSoft, LLC be liable for any damages (including, without limitation, lost
profits, business interruption, or lost information) rising out of Authorized Users’ use of or
inability to use the SOFTWARE PRODUCT, even if ShakenSoft, LLC has been advised of
the possibility of such damages. In no event will ShakenSoft, LLC be liable for loss of data or
for indirect, special, incidental, consequential (including lost profit), or other damages based in
contract, tort or otherwise. ShakenSoft, LLC shall have no liability with respect to the content
of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or
omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights,
business interruption, personal injury, loss of privacy, moral rights or the disclosure of