This End User User License Agreement (the "Agreement") dated as of the date of acceptance by means of a click-through, is made by and among Shift6 Solutions LLC, DBA Ricochet Consignment Software and the entity designated by the registration data provided herewith (Licensee) and applies to Licensee's use of software downloaded from Shift6 Solutions LLC, DBA Ricochet Consignment Software and Licensee's use of services provided by Shift6 Solutions LLC, DBA Ricochet Consignment Software

READ THIS LICENSE CAREFULLY BEFORE LOADING OR ACCESSING ANY SOFTWARE FROM Shift6 Solutions LLC, DBA Ricochet Consignment Software OR USING THE SOFTWARE OR SERVICES OF Shift6 Solutions LLC, DBA Ricochet Consignment Software. BY LOADING OR ACCESSING THE Shift6 Solutions LLC, DBA Ricochet Consignment Software SOFTWARE OR USING THE SERVICES OF Shift6 Solutions LLC, DBA Ricochet Consignment Software, LICENSEE ACCEPTS AND AGREES TO BECOME BOUND BY THE TERMS OF THIS LICENSE.

Shift6 Solutions LLC, DBA Ricochet Consignment Software RESERVES THE RIGHT TO MODIFY THE TERMS OF THIS AGREEMENT BY PROVIDING NOTICE OF CHANGES ON THE Shift6 Solutions LLC, DBA Ricochet Consignment Software WEBSITE. LICENSEE AGREES TO PERIODICALLY INSPECT THE Shift6 Solutions LLC, DBA Ricochet Consignment Software WEBSITE TO STAY INFORMED ABOUT SUCH CHANGES. LICENSEE AGREES THAT LICENSEE'S CONTINUED USE OF THE Shift6 Solutions LLC, DBA Ricochet Consignment Software SERVICE AFTER SUCH CHANGES ARE ANNOUNCED CONSTITUTE ACCEPTANCE OF SUCH CHANGES.

LICENSEE AGREES THAT THE SOFTWARE AND WEBSITE SERVICES ARE PROVIDED "AS IS." ANY USE OF THE Shift6 Solutions LLC, DBA Ricochet Consignment Software SOFTWARE AND WEBSITE IS AT LICENSEE'S SOLE AND ABSOLUTE RISK. IN NO EVENT, WILL Shift6 Solutions LLC, DBA Ricochet Consignment Software, INC BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE LICENSED SOFTWARE OR THE Shift6 Solutions LLC, DBA Ricochet Consignment Software WEBSITE SERVICES, ERRORS IN OR LOSS OF ANY DATA, EVEN IF Shift6 Solutions LLC, DBA Ricochet Consignment Software IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SPECIFICALLY, Shift6 Solutions LLC, DBA Ricochet Consignment Software IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF USE OF THE SOFTWARE OR SERVICES, LOSS OF DATA, THE COSTS OF RECOVERING DATA, ANY CLAIMS BY THIRD PARTIES, OR FOR OTHER SIMILAR COSTS. Shift6 Solutions LLC, DBA Ricochet Consignment Software MAKES NO WARRANTY OF ANY KIND AS TO THE SUITABILITY OR ADEQUACY OF THE Shift6 Solutions LLC, DBA Ricochet Consignment Software SOFTWARE OR WEBSITE SERVICES FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

LICENSEE ACKNOWLEDGES AND AGREES THAT SHARING OF ITS ACCOUNT INFORMATION, LOGIN INFORMATION OR PASSWORDS SHALL BE AT ITS SOLE AND ABSOLUTE RISK AND THAT Shift6 Solutions LLC, DBA Ricochet Consignment Software SHALL NOT BE LIABLE FOR ANY DAMAGE ARISING AS A RESULT OF SUCH SHARING. Shift6 Solutions LLC, DBA Ricochet Consignment Software shall retain the ownership of this copy of Shift6 Solutions LLC, DBA Ricochet Consignment Software software and the documentation provided therewith (referred to as a single entity, or as components, as "the Licensed Software") which is licensed on a non-exclusive basis for use under the following conditions.

Permitted Uses

Subject to the terms hereunder, Shift6 Solutions LLC, DBA Ricochet Consignment Software hereby grants to Licensee a limited, non-exclusive, non-transferrable license, without the right to sub-license, to install and operate the Licensed Software and to operate an account on the Shift6 Solutions LLC, DBA Ricochet Consignment Software website solely for the benefit of Licensee and not for any third party, until the termination of this Agreement. Any rights not expressly granted hereunder are reserved. The are no implied rights of any kind.

Prohibited Uses/you Shall Not

(a) Make copies of or further distribute the Licensed Software, including copying onto any other medium, (b) distribute, rent, sublicense, lease, resell, or assign the Licensed Software, (c) alter, modify or adapt the Licensed Software or the Shift6 Solutions LLC, DBA Ricochet Consignment Software website (ricoconsign.com, including but not limited to, translating, decompiling, disassembling, reverse engineering, or creating derivative works, (d) export the Licensed Software without the appropriate foreign government licenses and without Shift6 Solutions LLC, DBA Ricochet Consignment Software's prior written approval, (e) resell, rent or otherwise provide access to the Shift6 Solutions LLC, DBA Ricochet Consignment Software website services to a third party or (f) take any action in an attempt to obtain any other Shift6 Solutions LLC, DBA Ricochet Consignment Software user's data, cause malfunction, crash, tamper with or otherwise impair the Shift6 Solutions LLC, DBA Ricochet Consignment Software website and it services. Any rights not expressly granted hereunder are reserved by Shift6 Solutions LLC, DBA Ricochet Consignment Software.

No rights in the Shift6 Solutions LLC, DBA Ricochet Consignment Software software or services are granted, whether expressly or by implication, including, without limitation, any rights in any patents, copyrights, trademarks or trade secrets embodied therein, except in connection with the permitted uses expressly described herein.

Fees

Licensee agrees to timely pay the monthly or yearly fee set out in the order form on as required by the Shift6 Solutions LLC, DBA Ricochet Consignment Software website. Failure to comply with or otherwise pay fees due is a material breach of this agreement.

Free Trials give licensee full access to software application product provided by Shift6 Solutions LLC, DBA Ricochet Consignment Software for listed amount of days and time as listed on Shift6 Solutions LLC, DBA Ricochet Consignment Software's website. Trial periods can be shortened or terminated at any time by Shift6 Solutions LLC, DBA Ricochet Consignment Software at the discretion of Shift6 Solutions LLC, DBA Ricochet Consignment Software or when certain services rendered by Shift6 Solutions LLC, DBA Ricochet Consignment Software including but not limited to data transfers from other point of sale or inventory control software.

Data

Licensee acknowledges and agrees to the terms of the Shift6 Solutions LLC, DBA Ricochet Consignment Software privacy policy located here. Shift6 Solutions LLC, DBA Ricochet Consignment Software agrees that as between Licensee and Shift6 Solutions LLC, DBA Ricochet Consignment Software, Licensee's data maintained by Licensee on the Shift6 Solutions LLC, DBA Ricochet Consignment Software website/server belongs to Licensee. Licensee hereby grants permission to Shift6 Solutions LLC, DBA Ricochet Consignment Software for Shift6 Solutions LLC, DBA Ricochet Consignment Software to use the data solely for providing Licensee the Shift6 Solutions LLC, DBA Ricochet Consignment Software account, improving and maintaining the Shift6 Solutions LLC, DBA Ricochet Consignment Software website services and for analytical purposes in a manner where such data is aggregated with other user data and cannot be readily reverse engineered into personally identifiable information.

End Customer Personal Information

Licensee agrees that notwithstanding anything to the contrary herein, Licensee shall handle any personally identifiable information that it inputs into the Shift6 Solutions LLC, DBA Ricochet Consignment Software system in the following manner: (i) in the event Licensee seeks to export such data, Licensee shall use a commercially reasonable contact management tool to provide an opt-out mechanism for anyone who has provided Licensee personally identifiable information that is stored on Shift6 Solutions LLC, DBA Ricochet Consignment Software's systems, (ii) Licensee agrees that Shift6 Solutions LLC, DBA Ricochet Consignment Software can delete such data in the event the person whose data it is exercises the Shift6 Solutions LLC, DBA Ricochet Consignment Software opt-out mechanism and (iii) any use of such data by Licensee shall comply with Shift6 Solutions LLC, DBA Ricochet Consignment Software's privacy policy. Licensee shall indemnify and hold harmless Shift6 Solutions LLC, DBA Ricochet Consignment Software from any claim brought against Shift6 Solutions LLC, DBA Ricochet Consignment Software alleging that personal information stored on Shift6 Solutions LLC, DBA Ricochet Consignment Software was improperly used where such use was by Licensee while such information was stored on Shift6 Solutions LLC, DBA Ricochet Consignment Software or any use after Licensee has exported such data.

Termination

Licensee may terminate this license at any time. Shift6 Solutions LLC, DBA Ricochet Consignment Software Inc., in its sole discretion, has the right to suspend or terminate this license and your account and refuse any and all current or future use of the Service for any reason at any time if you do not comply with this Agreement. This license and Licensee's right to use the Licensed Software and Shift6 Solutions LLC, DBA Ricochet Consignment Software services automatically terminate if Licensee fails to comply with any provision of this Agreement. Licensee's duties to (i) pay amounts due and payable, (ii) refrain from any kind of reverse engineering or other act in violation of this agreement or (iii) indemnify Shift6 Solutions LLC, DBA Ricochet Consignment Software with regard to end customer personal information shall survive termination of this Agreement. Upon termination Licensee will destroy all copies of the Licensed Software and documentation onto which the Licensed Software or documentation has been installed. Upon termination Shift6 Solutions LLC, DBA Ricochet Consignment Software shall terminate the Licensee's access to their Shift6 Solutions LLC, DBA Ricochet Consignment Software account, the account itself and the data residing therein. LICENSEE MUST EXPORT THEIR ACCOUNT DATA PRIOR TO NOTIFICATION OF TERMINATION OF THE SERVICE. Shift6 Solutions LLC, DBA Ricochet Consignment Software SHALL NOT BE RESPONSIBLE FOR LICENSEE ACCOUNT DATA AFTER TERMINATION NOTIFICATION. In addition, Shift6 Solutions LLC, DBA Ricochet Consignment Software reserves the right and Licensee acknowledges such right for Shift6 Solutions LLC, DBA Ricochet Consignment Software to terminate service of Licensee's account on 30 days notice if Shift6 Solutions LLC, DBA Ricochet Consignment Software determines in its sole discretion that it is not capable of fully meeting the apparent requirements of Licensee.

Confidentiality

Licensee agrees that the Licensed Software and the operation of the Shift6 Solutions LLC, DBA Ricochet Consignment Software services and its processes is the confidential information of Shift6 Solutions LLC, DBA Ricochet Consignment Software and agrees not to disclose such software or such operation and processes to any third party. Licensee agrees that breach of this duty of confidentiality shall cause irreparable harm for which monetary damages would be difficult to quantify or insufficient and therefore Shift6 Solutions LLC, DBA Ricochet Consignment Software shall be entitled to immediate injunctive relief in the event of breach without an obligation of posting bond. Some countries do not allow the exclusion or limitation of implied warranties or limitation of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Representation

The person assenting to this End User License Agreement represents and warrants that it has the due right and power to enter into this Agreement, entering into this Agreement will not cause the breach of any agreement Licensee has with a third party and that all of the registration information provided to Shift6 Solutions LLC, DBA Ricochet Consignment Software is accurate in all respects.

Not quite sure yet?

Request a 1-on-1 demo to see if Ricochet is right for you.