This Software End User Agreement (this “Agreement“) is by and between TransAct Technologies Incorporated (“TransAct“) and the person utilizing the BOHA! software (such person, “you” or “your”, and such software, the “Software”).  This Agreement governs your use of the Software.  By utilizing the Software, you agree to the terms of this Agreement.  If you do not agree to the terms of this Agreement, please cease using the Software.

1. Use Restrictions

(a) Use Restrictions: You agree not to use the Software or related documentation for any purposes beyond the scope of your regular job responsibilities.  Without limitation, you agree not to:

(i) use the Software or TransAct-provided equipment to store, transmit, process, or otherwise handle (A) infringing material, unsolicited marketing emails, libelous material, or otherwise objectionable, unlawful or offensive material, and (B) social security numbers, passport numbers, driver’s license or other government identification numbers, physical or mental health information, personal financial account information, or debit or credit card numbers.

(ii) copy, modify, or create derivative works of the Software or the related documentation, in whole or in part;

(iii) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Software or the related documentation;

(iv) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the Software, in whole or in part;

(v) attempt to gain unauthorized access to the Software or related systems or networks;

(vi) use the Software in conjunction with any viruses, worms, malware, spyware, or other malicious or harmful files, programs, code, or similar material;

(vii) remove any proprietary notices from the Software or the related documentation; or

(viii) use the Software in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person or entity, or that violates any applicable law.

2. Intellectual Property Ownership; Feedback

(a) Ownership. You acknowledge and agree that, as between you and TransAct, TransAct owns all right, title, and interest, including all intellectual property rights, in and to the Software and the related documentation.

(b) Feedback. If you suggest to TransAct any changes to the Software or related documentation, including, without limitation, new features or functionality, comments, questions, suggestions, or the like (collectively “Feedback”), TransAct is free to use such Feedback without obligation to you.

3. Warranty Disclaimer

THE SOFTWARE AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” AND TRANSACT HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TRANSACT SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

4. Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TRANSACT OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY TO YOU ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION.

5. Conditional Right to Use Software.

You acknowledge and agree that your right to use the Software and the related documentation is subject to a separate license agreement between TransAct and an entity with a relationship with you, such as your employer or a company that contracts with your employer. In the event that such license agreement terminates, you acknowledge and agree that your right to use the Software and the related documentation shall also terminate.

6. Miscellaneous

This Agreement constitutes the sole and entire agreement between you and TransAct with respect to the subject matter of this Agreement. No failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof. If any provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is governed by and construed in accordance with the internal laws of the State of Connecticut without giving effect to choice or conflict of law provisions. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Software (or the related documentation) shall be instituted exclusively in the courts of the State of Connecticut or in the federal courts of the United States located in the State of Connecticut.