Computer Hardware and Software Systems. Since the effective and efficient operation of a Plantation Store may be intimately connected with the use and maintenance of appropriate computer hardware and software systems, with direct interconnection to (and access by) our computer hardware and software systems, you must purchase, use, maintain and update computer and other systems (including point-of-sale systems) and software programs which meet our specifications as they evolve over time and which, in some cases, may only be available through us and/or our affiliates. You must maintain your systems on-line to provide full access for computer systems used by us and you must promptly update and otherwise change your computer hardware and software systems as we require from time-to-time, at 20 your expense. We may require that all maintenance, support, upgrades, etc. be performed by us, an affiliate or a supplier designated by us. You'll pay all amounts charged by any supplier or licensor of the systems and programs used by you, including charges for use, maintenance, support and/or update of these systems or programs.
Computer Hardware and Software Systems. Franchisee agrees to purchase, use, maintain and update at Franchisee’s expense the POS systems, software, computer and other phone or security systems meeting our specifications, as we may modify them. If required by us, you agree to maintain your systems on-line to allow us to access system data and information. You agree to comply with our then-current Terms of Use and Privacy Policies and any other upgrade requirements regarding all POS, computer and other phone or security systems, including Internet usage. Supplier and/or licensor charges for use, maintenance, support and/or updates of and to the required systems are payable by you upon receipt. Neither we nor our affiliates, will have any liability and/or obligation (and neither you or any managing partners or shareholders will make any claims) about any failures, errors or any other occurrences relating to any POS, computer or system hardware or software without an express written warranty from us, even if recommended or specified by us. Franchisee acknowledges and agrees that Franchisee is solely responsible for protecting itself from these problems. Franchisee must also take reasonable steps to verify that Franchisee’s suppliers, lenders, landlords, customers, and governmental agencies on which Franchisee rely, are reasonably protected. This may include taking reasonable steps to secure Franchisee’s systems, including, but not limited to, firewalls, access code protection, anti-virus systems and use of backup systems. The Franchisee may not modify, reverse engineer, decompile, or disassemble the POS system or any software. The software is licensed only to the Franchisee, its Office Manager, shareholders, managing member, member, or partners. The Franchisee may not transfer the software outside of its Territory. All such licensee Software constitutes the Franchisor’s confidential information, and intellectual property. FRANCHISOR HEREBY DISCLAIMS THE IMPLIED WARRANTY OF MERCHANTIBILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, THE IMPLIED WARRANTY OF ACCURACY OF INFORMATIONAL CONTENT, THE IMPLIED WARRANTY OF QUALITY OF COMPUTER PROGRAMS, AS WELL AS THE IMPLIED WARRANTY OF SYSTEM INTEGRATION. FRANCHISOR MAKES NO WARRANTY THAT ANY VENDOR PROVIDED SOFTWARE WILL BE BUG FREE, VIRUS FREE, OR FREE OF TROJAN HORSES OR WORMS. FRANCHISEE HEREBY AGREES THAT SUCH DISCLAIMER IS AN ESSENTIAL PART OF THE BARGIN, AND THAT THE FRANCHISOR WOULD NOT HAVE ENTERED INTO THIS TRANSACTION ABSENT SUCH DIS...
Computer Hardware and Software Systems
