Last Updated
October 21, 2021
All the Appkogent Applications like InstaKDS, Inventoread
, Cash n Tips & OrderAnywhere
is licensed to You (End-User) by
Appkogent LLC, located at
5847 SOUTHBRIDGE WAY,
Dublin,
California
94568,
United States
(hereinafter: Licensor), for use only under the terms of
this License Agreement.
By downloading the Application, and any update thereto (as
permitted by this License Agreement), You indicate that You
agree to be bound by all of the terms and conditions of this
License Agreement, and that You accept this License
Agreement.
Appkogent LLC, is solely
responsible for the licensed Application and the content
thereof.
This License Agreement may not provide for usage
rules for the Application. Appkogent LLC
acknowledges that it had the opportunity to review
said terms and this License Agreement is not
conflicting with them.
All rights not expressly granted to You are
reserved.
InstaKDS, Inventoread , Cash n Tips & OrderAnywhere
(hereinafter: Application) are a piece of softwares created
to
Instantly show items ordered on POS system in Kitchen,
manage inventory and track cash in and out of cash
register.
The Application is not tailored to comply with
industry-specific regulations (Health Insurance Portability
and Accountability Act (HIPAA), Federal Information Security
Management Act (FISMA), etc.), so if your interactions would
be subjected to such laws, you may not use this Application.
You may not use the Application in a way that would violate
the Gramm-Leach-Bliley Act (GLBA).
2.1 You are given a non-transferable,
non-exclusive, non-sublicensable license
to install and use the Licensed
Application that You (End-User) own or
control and as permitted by the Usage
Rules set forth in this section, with
the exception that such licensed
Application may be accessed and used by
other accounts associated with You
(End-User, The Purchaser) via Family
Sharing or volume purchasing.
2.2 This license will also govern any
updates of the Application provided by
Licensor that replace, repair, and/or
supplement the first Application, unless
a separate license is provided for such
update in which case the terms of that
new license will govern.
2.3 You may not share or make the
Application available to third parties
(unless to the degree allowed by the
Appkogent LLC's prior written consent), sell, rent,
lend, lease or otherwise redistribute the
Application.
2.4 You may not reverse engineer,
translate, disassemble, integrate,
decompile, integrate, remove, modify,
combine, create derivative works or
updates of, adapt, or attempt to derive
the source code of the Application, or
any part thereof (except with
Appkogent LLC's prior written consent).
2.5 You may not copy (excluding when
expressly authorized by this license and
the Usage Rules) or alter the
Application or portions thereof. You may
create and store copies only on devices
that You own or control for backup
keeping under the terms of this license,
and any other terms and conditions that
apply to the device or software used.
You may not remove any intellectual
property notices. You acknowledge that
no unauthorized third parties may gain
access to these copies at any time.
2.6 Violations of the obligations
mentioned above, as well as the attempt
of such infringement, may be subject to
prosecution and damages.
2.7 Licensor reserves the right to modify
the terms and conditions of
licensing.
2.8 Nothing in this license should be
interpreted to restrict third-party
terms. When using the Application, You
must ensure that You comply with
applicable third-party terms and
conditions.
3. TECHNICAL REQUIREMENTS
3.1 Licensor attempts to keep the
Application updated so that it complies
with modified/new versions of the
firmware and new hardware. You are not
granted rights to claim such an
update.
3.2 You acknowledge that it is Your
responsibility to confirm and determine
that the app end-user device on which
You intend to use the Application
satisfies the technical specifications
mentioned above.
3.3 Licensor reserves the right to modify
the technical specifications as it sees
appropriate at any time.
4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any
maintenance and support services for this licensed
Application. You can reach the Licensor at the email
address.
4.2
Appkogent LLC
has no obligation whatsoever to
furnish any maintenance and support
services with respect to the licensed
Application.
5. USE OF DATA
You acknowledge that Licensor will be
able to access and adjust Your
downloaded licensed Application content
and Your personal information, and that
Licensor's use of such material and
information is subject to Your legal
agreements with Licensor and Licensor's
privacy policy:
https://appkogent.com/privacy.html.
6. USER GENERATED CONTRIBUTIONS
The
Application does not offer users to
submit or post content. We may provide
you with the opportunity to create,
submit, post, display, transmit,
perform, publish, distribute, or
broadcast content and materials to us or
in the Application, including but not
limited to text, writings, video, audio,
photographs, graphics, comments,
suggestions, or personal information or
other material (collectively,
"Contributions"). Contributions may be
viewable by other users of the
Application and through third-party
websites or applications. As such, any
Contributions you transmit may be
treated in accordance with the
Application Privacy Policy. When you
create or make available any
Contributions, you thereby represent and
warrant that:
1. The creation, distribution, transmission, public
display, or performance, and the accessing, downloading, or
copying of your Contributions do not and will not infringe
the proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret, or moral rights
of any third party.
2. You are the creator and owner of or have the necessary
licenses, rights, consents, releases, and permissions to use
and to authorize us, the Application, and other users of the
Application to use your Contributions in any manner
contemplated by the Application and these Terms of
Use.
3. You have the written consent, release, and/or permission
of each and every identifiable individual person in your
Contributions to use the name or likeness or each and every
such identifiable individual person to enable inclusion and
use of your Contributions in any manner contemplated by the
Application and these Terms of Use.
4. Your Contributions are not false, inaccurate, or
misleading.
5. Your Contributions are not unsolicited or unauthorized
advertising, promotional materials, pyramid schemes, chain
letters, spam, mass mailings, or other forms of
solicitation.
6. Your Contributions are not obscene, lewd, lascivious,
filthy, violent, harassing, libelous, slanderous, or
otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage,
intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten
(in the legal sense of those terms) any other person and to
promote violence against a specific person or class of
people.
9. Your Contributions do not violate any applicable law,
regulation, or rule.
10. Your Contributions do not violate the privacy or
publicity rights of any third party.
11. Your Contributions do not contain any material that
solicits personal information from anyone under the age of
18 or exploits people under the age of 18 in a sexual or
violent manner.
12. Your Contributions do not violate any applicable law
concerning child pornography, or otherwise intended to
protect the health or well-being of minors.
13. Your Contributions do not include any offensive
comments that are connected to race, national origin,
gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to
material that violates, any provision of these Terms of Use,
or any applicable law or regulation.
Any use of the Application in violation of the foregoing
violates these Terms of Use and may result in, among other
things, termination or suspension of your rights to use the
Application.
7. CONTRIBUTION LICENSE
You agree that we may access, store, process, and use any
information and personal data that you provide following the
terms of the Privacy Policy and your choices (including
settings).
By submitting suggestions of other feedback regarding the
Application, you agree that we can use and share such
feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You
retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for
any statements or representations in your Contributions
provided by you in any area in the Application. You are
solely responsible for your Contributions to the Application
and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against
us regarding your Contributions.
8. LIABILITY
8.1
Licensor's responsibility in the case of
violation of obligations and tort shall
be limited to intent and gross
negligence. Only in case of a breach of
essential contractual duties (cardinal
obligations), Licensor shall also be
liable in case of slight negligence. In
any case, liability shall be limited to
the foreseeable, contractually typical
damages. The limitation mentioned above
does not apply to injuries to life,
limb, or health.
8.2
Licensor takes no accountability or
responsibility for any damages caused
due to a breach of duties according to
Section 2 of this Agreement. To avoid
data loss, You are required to make use
of backup functions of the Application
to the extent allowed by applicable
third-party terms and conditions of use.
You are aware that in case of
alterations or manipulations of the
Application, You will not have access to
licensed Application.
9. WARRANTY
9.1 Licensor warrants that the Application is free of
spyware, trojan horses, viruses, or any other malware at
the time of Your download. Licensor warrants that the
Application works as described in the user
documentation.
9.2 No warranty is provided for the
Application that is not executable on the
device, that has been unauthorizedly
modified, handled inappropriately or
culpably, combined or installed with
inappropriate hardware or software, used
with inappropriate accessories, regardless
if by Yourself or by third parties, or if
there are any other reasons outside of
Appkogent LLC's sphere of influence that affect the
executability of the Application.
9.3 You are required to inspect the
Application immediately after installing
it and notify
Appkogent LLC
about issues discovered without delay by
e-mail provided in Product Claims. The defect report will be taken into
consideration and further investigated if
it has been mailed within a period of
ninety (90)
days after discovery.
9.4 If we confirm that the Application is
defective,
Appkogent LLC
reserves a choice to remedy the situation
either by means of solving the defect or
substitute delivery.
9.5
In the event of any failure of the Application to
conform to any applicable warranty, You may notify by email
, and Your Application purchase
price will be refunded to You. To the maximum extent
permitted by applicable law, Appkogent LLC
will have no other warranty obligation whatsoever with
respect to the App, and any other losses, claims,
damages, liabilities, expenses and costs attributable
to any negligence to adhere to any warranty.
9.6 If the user is an entrepreneur, any claim based on
faults expires after a statutory period of limitation
amounting to twelve (12) months after the Application
was made available to the user. The statutory periods
of limitation given by law apply for users who are
consumers.
Appkogent LLC and the End-User acknowledge that Appkogent LLC, is responsible for addressing any claims of the
End-User or any third party relating to the licensed
Application or the End-User’s possession and/or use of that
licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the licensed Application fails to
conform to any applicable legal or regulatory
requirement; and
(iii) claims arising under consumer protection,
privacy, or similar legislation, including in
connection with Your Licensed Application’s use of the
HealthKit and HomeKit.
You represent and warrant that You are not located in
a country that is subject to a U.S. Government
embargo, or that has been designated by the U.S.
Government as a "terrorist supporting" country; and
that You are not listed on any U.S. Government list of
prohibited or restricted parties.
For general inquiries, complaints, questions or
claims concerning the licensed Application, please
contact:
Appkogent llc
5847 SOUTHBRIDGE WAY
Dublin,
CA
94568
United States
support@appkogent.com
The license is valid until terminated by
Appkogent LLC or by You.
Your rights under this license will terminate
automatically and without notice from
Appkogent LLC if You fail
to adhere to any term(s) of this license. Upon License
termination, You shall stop all use of the
Application, and destroy all copies, full or partial,
of the Application.
14.
THIRD-PARTY
TERMS OF
AGREEMENTS AND
BENEFICIARY
Appkogent LLC represents and
warrants that Appkogent LLC will
comply with applicable third-party terms of agreement when
using licensed Application.
15.
INTELLECTUAL
PROPERTY
RIGHTS
Appkogent LLC and the End-User
acknowledge that, in the event of any third-party claim that
the licensed Application or the End-User's possession and
use of that licensed Application infringes on the third
party's intellectual property rights,
Appkogent LLC,
will be solely responsible for the investigation, defense,
settlement and discharge or any such intellectual property
infringement claims.
This license agreement is governed by the laws of
the State of
California excluding its conflicts
of law rules.
17.1
If any of the terms of this agreement should be or
become invalid, the validity of the remaining
provisions shall not be affected. Invalid terms will
be replaced by valid ones formulated in a way that
will achieve the primary purpose.
17.2
Collateral agreements, changes and amendments are
only valid if laid down in writing. The preceding
clause can only be waived in writing.