END USER LICENSE AGREEMENT (EULA)

Effective Date: January 1, 2022
This End User License Agreement (“Agreement”) is a legally binding contract between you (the “Licensee,” “you,” or “your”) and Driven Software Solutions LLC, including its subsidiaries, affiliates, and suppliers (collectively, “Driven Software Solutions,” “Company,” “we,” “us,” or “our”).
This Agreement governs your use of any and all software products, applications (including but not limited to Dine-N-Go), websites, and accompanying documentation (collectively, the “Software Product”) provided by Driven Software Solutions. The Software Product is licensed, not sold.
 
1. ACCEPTANCE AND BINDING EFFECT
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE “ACCEPT” OPTION, DOWNLOADING THE SOFTWARE PRODUCT, OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT.
YOU MUST AGREE TO ALL TERMS BEFORE DOWNLOADING OR USING THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL TERMS OF THIS AGREEMENT, YOU MUST SELECT “DECLINE,” CEASE ALL USE, AND DELETE ANY COPIES OF THE SOFTWARE PRODUCT IN YOUR POSSESSION.
 
2. LICENSE GRANT
Subject to your strict compliance with this Agreement, Driven Software Solutions grants you a personal, non-exclusive, non-transferable, and limited license to install and use one (1) copy of the Software Product.
  • Archival Copy: You may make one (1) archival copy of the Software Product solely for re-installation purposes. This copy must be stored on a medium other than a hard drive.
  • Single-User Limitation: This Agreement does not permit the installation or use of multiple copies, or installation on more than one computer/device at any given time, or use on a multi-user network or shared system.
  • Volume Licensing: Multiple copy use requires a separate licensing agreement. For inquiries, contact:
    • Representative: Shahzib Sarfraz
    • Phone: 470-415-1804
    • Email: support@DrivenSoftwareSolutions.com
 
3. RESTRICTIONS ON USE AND TRANSFER
  • No Transfer: You may not assign, redistribute, encumber, sell, rent, lease, sub-license, or otherwise transfer your rights to the Software Product without express written consent from Driven Software Solutions.
  • Prohibited Acts: You shall not, and shall not permit others to:
    • De-compile, “reverse-engineer,” disassemble, or attempt to derive the source code.
    • Modify, translate, or create any derivative work of the Software Product.
    • Use the database portion of the Software Product in connection with any software other than the Software Product itself.
    • Reproduce the database portion or create tables/reports relating to the database.
    • Alter any files, libraries, or documentation.
 
4. INTELLECTUAL PROPERTY OWNERSHIP
The Software Product is protected by United States Copyright Law, international treaties, and other intellectual property laws. Driven Software Solutions retains all rights, titles, and interests in and to the Software Product, including all copyrights, patents, trade secrets, and trademarks.
 
5. LIMITED WARRANTIES
  • Software Performance: For 60 days from shipment or download, we warrant that the Software Product will perform substantially as advertised when used under normal conditions.
  • Storage Medium: For 90 days from shipment or download, we warrant that the physical storage medium (if provided) will be free of material defects.
  • Exclusions: Warranties do not cover malfunctions resulting from misuse, abuse, neglect, power problems, acts of nature, or unauthorized alterations.
 
6. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
  • No Other Warranties: DRIVEN SOFTWARE SOLUTIONS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
  • User Responsibility: YOU BEAR SOLE RESPONSIBILITY FOR DETERMINING IF THE SOFTWARE MEETS YOUR SECURITY AND OPERATIONAL REQUIREMENTS. WE ARE NOT LIABLE FOR ANY LOSS OF DATA.
  • Damages Limitation: UNDER NO CIRCUMSTANCES SHALL DRIVEN SOFTWARE SOLUTIONS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS OR BUSINESS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
 
7. LIMITATION OF REMEDIES
Your sole and exclusive remedy for any breach of warranty shall be, at the Company’s discretion: (a) the correction or replacement of the Software Product, or (b) a refund of the purchase price (excluding shipping/handling).
 
8. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Driven Software Solutions from all claims, judgments, liabilities, expenses, or costs (including reasonable attorneys’ fees) arising from your breach of this Agreement or your acts and omissions.
 
9. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to conflict of law principles. You hereby irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Gwinnett County, Georgia (or the applicable district for the Company’s headquarters) for all disputes arising out of this Agreement.
 
10. SEVERABILITY
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
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