Use of the PAR web site and the data and software downloads, including the portions of the software downloads subject to the Common Public License (CPL), obtained through such interface are subject to the following terms and conditions. By clicking on the “Accept” button at the end of the terms and conditions, you acknowledge that you have read and agree to all of the terms and conditions below and all of the terms and conditions of the CPL.
Terms and Conditions
ACCESS TO AND AVAILABILITY OF THE PAR WEB SITE AND THE DATA AND SOFTWARE DOWNLOADS, INCLUDING THE PORTIONS OF THE SOFTWARE DOWNLOADS SUBJECT TO THE CPL, OBTAINED THROUGH SUCH INTERFACE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PAR Technology Corporation and its subsidiaries do not make any warranties or representations that the functions contained in the interface or the data or software downloads, including the software downloads subject to the CPL, will meet your requirements or that the operations of the interface will be uninterrupted or error free. By downloading any data or software from PAR’s web site, you assume the entire risk of the quality and performance of the interface and the data or software obtained by you.
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 SOFTWARE SUBJECT TO THE CPL 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 CLIENT INTERFACE, DATA OR SOFTWARE, INCLUDING THE PORTIONS OF THE SOFTWARE DOWNLOADS SUBJECT TO THE CPL OBTAINED THEREFROM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER,EVEN IF PAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Any provisions of these terms and conditions which are different from the terms and conditions of the CPL apply only to PAR and not to any other party to the CPL.
The source code for the portions of the software downloads subject to the CPL is
available from the IBM® web site at
http://www-136.ibm.com/developerworks/opensource/.
Some portions of the PAR Web site allow registered customers to view and modify information that is used to transact business between our organizations. This use is only for those individuals provided with username and password authentication information. The customer accepts the responsibility to provide correct information, and only to make changes for which they have been authorized. Use of this information by others is not authorized. If additional access is required, please contact PAR. Unauthorized use may result in termination of the user's account.
June 1, 2004