1) END USER LICENSE AGREEMENT
This copy of Digital Beer Dashboard ("the Software Product") and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. DigitalPour LLC or its subsidiaries, affiliates, and suppliers (collectively "DigitalPour") own intellectual property rights in the Software Product. The Licensee's ("you" or "your") license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User
License Agreement ("Agreement").
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE "ACCEPT" OPTION AND DOWNLOADING THE SOFTWARE PRODUCT OR BY INSTALLING,USING, OR COPYING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT "DECLINE" AND YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT.
This Agreement entitles you to install and use one copy of the Software Product. In addition, you may make one archival copy of the Software Product. The archival copy must be on a storage medium other than a hard drive, and may only be used for the reinstallation of the Software Product.
This Agreement does not permit the installation or use of multiple copies of the Software Product, or the installation of the Software Product on more than one computer at any given time, on a system that allows shared used of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. Multiple copy use or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of the Software Product. For further information regarding multiple copy licensing of the Software Product, please contact:
Representative: Lisa Marcus
Address:430 SW 13th Ave #909
Portland, OR 97205
Restrictions on Transfer
Without first obtaining the express written consent of DigitalPour, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.
Restrictions on Use
You may not use, copy, or install the Software Product on any system with more than one computer, or permit the use, copying, or installation of the Software Product in more than one physical location. If you hold multiple, validly licensed copies, you may not use, copy, or install the Software Product on any system with more than the number of computers permitted by license, or permit the use, copying, or installation by more users, or on more computers than the number permitted by license.
You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code for the Software Product.
You may not use the database portion of the Software Product in connection with any software other than the Software Product.
Restrictions on Alteration
You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product. You may not reproduce the database portion or create any tables or reports relating to the database portion.
Restrictions on Copying
You may not copy any part of the Software Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy which must be stored on a medium other than a computer hard drive.
Restrictions on Providing Data
You acknowledge any data you provide or enter into the system (including but not limited to, company info, corporate logos, user information, social media account info and Point Of Sale System API keys), that you are authorized to do so. If an image or logo is copyrighted, you must not violate any of its copyright restrictions by providing it to us. DigitalPour will not be responsible if you violate any copyrights.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY DIGITALPOUR, DIGITALPOUR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.
DigitalPour makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. DigitalPour makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. DIGITALPOUR WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE
UNDER NO CIRCUMSTANCES SHALL DIGITALPOUR, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF DIGITALPOUR OR ANY OTHER PARTY, EVEN IF DIGITALPOUR IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS DIGITALPOUR'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of DigitalPour. DigitalPour reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If DigitalPour is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling.
Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by DigitalPour to have been caused by
you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold DigitalPour harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of Oregon, without regard to Oregon's conflict or choice of law provisions.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
Protecting your private information is our priority. This Statement of Privacy applies to DigitalPour Windows Operation App and governs data collection and usage.
Collection of your Personal Information
We do not collect any personal information about you unless you voluntarily provide it to us during the sign-up and installation process for your bar/pub/restaurant subscription with DigitalPour.
However, you may be required to provide certain personal information to us when you elect to use certain services available on the App. These may include: (a) a username for using the Windows Operation program during the course of you doing business and managing your tap lists; (b) sales data during the course of doing business and communicating with your POS and DigitalPour; (c) Order entry; (d) Activity logs with username during the course of swapping kegs, line cleaning, etc.
DigitalPour has partnered with Brewmium, LLC to facilitate keg swaps via the DigitalPour Mobile App. Your DigitalPour log-in information is used to gain access to this set of features. Keg swap activity is captured and stored by DigitalPour servers. Brewmium, LLC captures username, location name, beverage name for analytic purposes only.
If you choose to remove your consent for us to house your data, please send an email to email@example.com requesting your removal from our database. We will delete your user account from our servers. Any archived files that may contain your personal data will be purged as a course of our back up file rotation practices. DigitalPour will also notify Brewmium, LLC of the removal request and they will also comply and remove any of your personal identifiable information from their servers.
DigitalPour, LLC does not sell, rent or lease its user lists to third parties.
DigitalPour may, from time-to-time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. DigitalPour may share data with trusted partners (e.g. bulk email service provider) to help send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to DigitalPour, and they are required to maintain the confidentiality of your information.
DigitalPour may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on DigitalPour; (b) protect and defend the rights or property of DigitalPour; and/or (c) act under exigent circumstances to protect the personal safety of users of DigitalPour, or the public.
Security of your Personal Information
DigitalPour secures your information from unauthorized access, use, or disclosure. DigitalPour uses the following methods for this purpose:
- SSL Protocol
When personal information (such as an email address) is transmitted to our website, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.
Children Under Thirteen
DigitalPour does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this App.
From time-to-time, DigitalPour may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication.
If you would like to stop receiving marketing or promotional communications via email from DigitalPour, you may opt out of such communications by "replying STOP" or "clicking on the UNSUBSCRIBE button" located at the bottom of the email message.
External Data Storage Sites
We may store your data on servers provided by third party hosting vendors with whom we have contracted.
Changes to this Statement
DigitalPour welcomes your questions or comments regarding this Statement of Privacy. If you believe that DigitalPour has not adhered to this Statement, please contact DigitalPour at:
Representative: Lisa Marcus
Address: 430 SW 13th Ave #909
Portland, OR 97205
E-mail Address: firstname.lastname@example.org
This document was updated May 16, 2018