1. License grant
Subject to payment and compliance, Benchmark Retail grants the customer a limited, non-exclusive, non-transferable, non-sublicensable right for authorized users to use the software during the agreed term, solely for internal business purposes and within purchased usage limits.
2. Restrictions
Except where law does not permit restriction, users must not copy beyond permitted backups, modify, translate, reverse engineer, decompile, disassemble, sell, rent, sublicense, provide as a service, bypass controls, remove notices or use the software to develop a competing product.
3. Ownership and feedback
Benchmark Retail and its licensors retain all rights in the software, documentation, updates and underlying technology. Feedback may be used without restriction or obligation, provided it does not identify confidential customer information.
4. Data, security and updates
Data responsibilities, hosting, security measures and processing terms are defined in the applicable agreement. Benchmark Retail may provide fixes, updates or changes and may require supported versions for continued service.
5. Warranty disclaimer
Any express warranty is stated in the applicable agreement. Otherwise, to the fullest extent permitted by law, the software is provided “as is” and implied warranties of merchantability, fitness, non-infringement and uninterrupted operation are excluded.
6. Liability
Liability limits and exclusions in the applicable agreement apply. Where no signed agreement addresses liability, Benchmark Retail excludes indirect, consequential, special and punitive loss to the fullest extent permitted by law and caps aggregate liability at fees paid for the affected software in the preceding twelve months.
7. Term and termination
The license continues for the purchased term. It terminates when the governing agreement ends or for uncured material breach. On termination, use must cease and copies must be deleted or returned, except legally required archives.
8. Governing terms
Export controls, sanctions, audit rights, government use and governing law should be completed in the applicable order or master agreement. If this EULA conflicts with a signed agreement, the signed agreement controls.