Search PAR
Contact us

LICENSE AGREEMENT

THIS LICENSE AGREEMENT (“AGREEMENT”) IS BETWEEN PARTECH, INC. (“PAR” OR “WE”, “US” OR “OUR”) AND THE ENTITY OR INDIVIDUAL THAT HAS DOWNLOADED OR OTHERWISE PROCURED THE HARDWARE DRIVER SOFTWARE (AS DEFINED BELOW) FOR USE AS AN END USER (“YOU” OR “YOUR”). BY CHECKING THE ACCEPTANCE BOX OR INSTALLING OR USING ALL OR ANY PORTION OF THE HARDWARE DRIVER SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE A WRITTEN AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT CHECK THE ACCEPTANCE BOX OR INSTALL OR USE ALL OR ANY PORTION OF THE HARDWARE DRIVER SOFTWARE. IF YOU WISH TO USE THE HARDWARE DRIVER SOFTWARE AND DOCUMENTATION (AS DEFINED BELOW) AS AN EMPLOYEE, CONTRACTOR, OR AGENT OF A CORPORATION, PARTNERSHIP OR SIMILAR ENTITY, THEN YOU MUST BE AUTHORIZED TO SIGN FOR AND BIND THE ENTITY IN ORDER TO ACCEPT THE TERMS OF THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT AND AUTHORITY TO DO SO.

  1. Definitions.
    1. “Hardware Driver Software” means the PAR software and any third-party software, as may be updated or modified from time to time, each as provided in digital form under this Agreement.
    2. “Documentation” means the Hardware Driver Software documentation provided as part of the Hardware Driver Software, if any, as may be updated or modified from time to time.
    3. “Licensed Materials” means the Hardware Driver Software and Documentation. 
  2. License Grant. Subject to and conditioned on your compliance with all terms and conditions set forth in this Agreement, PAR hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Hardware Driver Software and Documentation solely and exclusively for your or your customer’s internal business purposes during the term of this Agreement. You may not use the Hardware Driver Software or Documentation for any other purpose without PAR’s prior written consent. You acknowledge that there are no implied licenses granted under this Agreement. PAR reserves all rights that are not expressly granted.
  3. Use Restrictions. Except as expressly authorized under this Agreement, you may not (a) copy, modify, or create derivative works of the Licensed Materials, in whole or in part (and any modified or changed portion of any Licensed Materials shall be deemed Licensed Materials and subject to this Agreement); (b) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer or otherwise make available the Licensed Materials; (c) reverse engineer, disassemble, decompile, decode, adapt, or otherwise create or attempt to create or permit, allow, or assist others to create the source code of the Hardware Driver Software, in whole or in part; (d) remove any proprietary notices, labels or marks on or in the Licensed Materials; (e) use the Licensed Materials in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law; (f) combine or integrate the Licensed Materials with any software, technology, services, or materials not authorized by PAR; (g) attempt to gain unauthorized access to any PAR products or related systems or networks of PAR or users of PAR products; (h)  use the Licensed Materials, in whole or in part, for any illegal purpose, (i) use the Licensed Materials to develop a product which is competitive with any PAR products or copy any feature, function or graphic for competitive purposes; (j) create Internet “links” to the Licensed Materials or “frame” or “mirror” any content therein; or (k) harvest or collect information about or from users of any PAR products.
  4. DISCLAIMER OF WARRANTIES. THE HARDWARE DRIVER SOFTWARE AND DOCUMENTATION ARE PROVIDED “AS IS” AND PAR SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. PAR SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. PAR DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS THAT THE HARDWARE DRIVER SOFTWARE OR DOCUMENTATION OR USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION OR ERRORS, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE WITH ANY OF YOUR OR ANY THIRD-PARTY SOFTWARE, SYSTEM OR OTHER SERVICES, BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED. BY DOWNLOADING THE HARDWARE DRIVER SOFTWARE AND DOCUMENTATION, YOU ASSUME THE ENTIRE RISK OF THE QUALITY AND PERFORMANCE OF THE HARDWARE DRIVER SOFTWARE AND DOCUMENTATION EXCEPT AS OTHERWISE EXPLICITLY SET FORTH IN THIS AGREEMENT.
  5. LIMITATION OF LIABILITY. IN NO EVENT AND UNDER NO CIRCUMSTANCES, SHALL PAR, PAR’S OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, EMPLOYEES, SUPPLIERS, OR ANY CONTRIBUTORS TO THE PORTIONS OF THE LICENSED MATERIALS BE HELD LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER SIMILAR DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS PROFITS, LOSS OF SERVICE, BUSINESS INTERRUPTION, LOSS OF OR INCORRECT BUSINESS INFORMATION/DATA AND THE LIKE) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR IN CONNECTION WITH THE USE, DISTRIBUTION, PERFORMANCE OR NONPERFORMANCE OF THE LICENSED MATERIALS OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER,EVEN IF PAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  6. Term of this Agreement. This Agreement commences on the date you download any portion of the Licensed Materials. You may terminate this Agreement by ceasing use of and access to the Licensed Materials. This Agreement will terminate immediately and automatically without any notice if you: (a) violate any of the terms and conditions of this Agreement; (b) commit fraud or violate any law; (c) engage in any act that is detrimental to the reputation of PAR; or (d) you become insolvent, file a petition for bankruptcy, or commence or have commenced against you proceedings relating to bankruptcy, receivership, reorganization, or assignment for the benefit of creditors. Additionally, PAR may terminate this Agreement, at any time, upon notice (which may be provided through its website). Upon termination of this Agreement for any reason all licenses and rights granted to you under this Agreement will also terminate and you must cease using, destroy, and permanently erase from all devices and systems you directly or indirectly control all copies of the Hardware Driver Software and Documentation. Any terms that by their nature are intended to continue beyond the termination or expiration of this Agreement will survive termination.
  7. Export Regulation. The Hardware Driver Software may be subject to U.S, export control laws, including the Export Control Reform Act and its associated regulations. You will not, directly or indirectly, export, re-export, or release the Hardware Driver Software to, or make the Hardware Driver Software accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You will comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Hardware Driver Software available outside the U.S.
  8. U.S. Government Rights. The Hardware Driver Software is a “commercial item” as that term is defined at 48 C.F.R. § 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. § 12.212. Accordingly, if you are an agency of the U.S. Government or any contractor therefor, you receive only those rights with respect to the Hardware Driver Software as are granted to all other end users under license, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other U.S. Government licensees and their contractors.
  9. Governing Law and Jurisdiction. This Agreement is governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice of conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of New York. 
  10. Modifications to this Agreement. PAR may modify this Agreement from time to time through its website, and continued use of the Licensed Materials after the modified version of this Agreement becomes effective will constitute your acceptance of such modified version.
  11. Miscellaneous. No waiver, forbearance, or failure by a party of its right to enforce any provision of this Agreement shall constitute a waiver or estoppel of such party’s right to enforce any other provision of this Agreement.  You may not assign, transfer, delegate, or subcontract any of your rights or obligations under this Agreement without the prior written consent of PAR. Any purported assignment or delegation in violation of this section shall be null and void.  The provisions of this Agreement are intended to be interpreted and construed in a manner to make such provisions valid, binding, and enforceable.  In the event that any provision of this Agreement is determined to be partially or wholly invalid, illegal or unenforceable, then such provision shall be deemed to be modified or restricted to the extent necessary to make such provision valid, binding and enforceable, or, if such provision cannot be modified or restricted in a manner so as to make such provision valid, binding and enforceable, then such provision shall be deemed to be excised from this Agreement and the validity, binding effect and enforceability of the remaining provisions of this Agreement shall not be affected or impaired in any manner.  There are no third-party beneficiaries under this Agreement.  This Agreement constitutes the sole and entire agreement by you and PAR with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings or agreements with respect to such subject matter.  The English text of this Agreement shall be the only authentic text.

June 23, 2023

© 2024 PAR Tech

Scroll to Top

Tiffany Disher

General Manager, MENU North America

Tiffany Disher, General Manager, MENU North America, an omni-channel ordering solution to futureproof restaurant’s growing digital sales needs. Before taking on this new role in January 2023, she was an integral part of Punchh’s growth story. She has advised hundreds of customers over the past eight years on their loyalty strategies both from a base program standpoint as well as ongoing marketing strategies. Before Punchh, Tiffany worked for Schlotzsky’s where she supported the brand marketing team by leading loyalty, eClub, R&D, Franchise advisory council and marketing analytics. Tiffany has her Bachelor’s of Science in Economics from University of Oregon and Master’s in Business with a specialty in Marketing from Baylor University. An avid golfer, hiker and mom of two small children, Tiffany spends her limited free time entering into baking competitions.