INDEPENDENT SOFTWARE VENDOR (LUBYNET) TERMS AND CONDITIONS

These Terms and Conditions (“Agreement”) govern the use of the software and services (“Software”) provided by LubyAll LLC an Independent Software Vendor (“LUBYNET,” “Licensor,” “we,” or “us”), to the end user (“Customer/Merchant,” “you,” or “Licensee”) under this Agreement.

By accessing, installing, or using the Software, subscriptions you agree to be bound by these terms. If you do not agree to these terms, do not use the Software.

1. DEFINITIONS

• Software: The computer programs, applications, or services provided by the LUBYNET, including any updates, bug fixes, or new releases.
• License: The right to use the Software granted to the Customer under the terms of this Agreement.
• Customer: Any individual or entity that purchases, licenses, or uses the Software.
• Documentation: All manuals, online help, or other materials describing the functionality and usage of the Software.

2. LICENSE GRANT

2.1 License: Subject to the terms of this Agreement, the LUBYNET grants the Customer a non-exclusive, non-transferable, and limited license to use the Software for internal purposes only.

2.2 Usage Restrictions: The Customer agrees not to:

• Copy, modify, or distribute the Software, except as expressly permitted by this Agreement.
• Reverse-engineer, decompile, or disassemble the Software.
• Rent, lease, sublicense, or transfer the Software to any third party.
• Use the Software for any unlawful purpose.

2.3 License Term: The license is effective as of the date of purchase or download and continues until terminated by either party. If subscription-based, the term is as specified in the applicable purchase order or invoice.

3. PAYMENT TERMS

3.1 Fees: The Customer agrees to pay all fees for the Software as specified in the purchase order or invoice. Prices are subject to change with notice.

3.2 Payment Terms: Payments are due according to the payment schedule outlined in the invoice. Payments not received by the due date may result in the suspension or termination of the Software license.

3.3 Late Fees: Any overdue amounts will accrue interest at the rate of 3%-10% per month, or the maximum rate allowed by law, whichever is lower.

4. DELIVERY AND INSTALLATION

4.1 Delivery: The Software will be delivered via [method, e.g., download link, physical media] upon receipt of payment.

4.2 Installation: The Customer is responsible for installing the Software unless otherwise specified. The LUBYNET may provide installation assistance for an additional fee.

5. SUPPORT AND MAINTENANCE

5.1 Support Services: The LUBYNET will provide the Customer with access to technical support as outlined in the support agreement (if applicable). Support may include assistance with installation, configuration, troubleshooting, and updates.

5.2 Maintenance and Updates: The LUBYNET may provide updates or upgrades to the Software during the term of the license. Such updates are generally provided at additional cost subject to products being offered, but may require the Customer to install new versions of the Software.

6. WARRANTIES AND DISCLAIMERS

6.1 Limited Warranty: The LUBYNET warrants that the Software will perform substantially in accordance with the Documentation for a period of [X] days from the date of delivery. This warranty does not apply if the Software has been modified or used inappropriately.

6.2 Disclaimers: Except as expressly provided, the LUBYNET disclaims all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

6.3 Limitation of Liability: The LUBYNET’s total liability under this Agreement shall not exceed the amount paid by the Customer for the Software. In no event will the LUBYNET be liable for any indirect, incidental, special, or consequential damages, including lost profits or data.

7. INTELLECTUAL PROPERTY

7.1 Ownership: The LUBYNET retains all intellectual property rights in the Software, including all source code, object code, design, and documentation.

7.2 Third-Party Components: The Software may include third-party components, subject to the terms of the applicable third-party licenses. The LUBYNET does not grant any rights to such components except as described in this Agreement.

8. CONFIDENTIALITY

8.1 Confidential Information: Both parties agree to keep confidential all proprietary or confidential information shared during the term of this Agreement, including but not limited to the Software’s source code, business plans, and customer data.

8.2 Exclusions: Information that is publicly available or independently developed by the receiving party is not subject to this confidentiality obligation.

9. TERM AND TERMINATION

9.1 Term: This Agreement will remain in effect until terminated by either party.

9.2 Termination for Convenience: Either party may terminate this Agreement with [30] days’ written notice to the other party.

9.3 Termination for Cause: The LUBYNET may terminate this Agreement immediately if the Customer or merchant breaches any material term of this Agreement and fails to remedy the breach within 7 days of notice.

9.4 Effect of Termination: Upon termination, the Customer must cease using the Software and destroy all copies. Any unpaid fees owed to the LUBYNET remain due.

10. INDEMNIFICATION

10.1 LUBYNET Indemnification: The LUBYNET agrees to indemnify and hold the Customer harmless from any third-party claims arising from the infringement of intellectual property rights related to the Software.

10.2 Customer Indemnification: The Customer agrees to indemnify and hold the LUBYNET harmless from any third-party claims arising from the Customer’s use of the Software in violation of this Agreement.

11. FORCE MAJEURE

Neither party shall be held liable for delays or failures to perform due to causes beyond its reasonable control, including but not limited to natural disasters, war, terrorism, or government action.

12. GOVERNING LAW AND DISPUTE RESOLUTION

12.1 Governing Law: This Agreement shall be governed by the laws of Georgia/US.

12.2 Dispute Resolution: Any disputes under this Agreement shall be resolved through arbitration/mediation in US region. If the dispute cannot be resolved through alternative dispute resolution, it shall be subject to the exclusive jurisdiction of the courts in Georgia,US.

13. MISCELLANEOUS

13.1 Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes any prior agreements or understandings.

13.2 Amendments: This Agreement may be amended only by a written document signed by both parties.

13.3 Assignment: The Customer may not assign this Agreement without the prior written consent of the LUBYNET.

13.4 Severability: If any provision of this Agreement is found to be unenforceable, the remaining provisions will continue in full force and effect.

By using or purchasing the Software, you acknowledge that you have read, understood, and agree to these Terms and Conditions.

LubyAll LLC |  4500 Satellite Boulevard, Suite 2130, Duluth, GA 30096, USA
Email : help@lubynet.com
Phone : +1 809-853-5747