To complete the registration process and gain access to Sultan Dining Solutions LLC d.b.a. SILVERBITESPoint-of-Sale software platform, read the terms and conditions of the agreement (‟Agreement”) below. If you agree with the Agreement, click on the check box to indicate that you ‟Accept the Terms and Conditions” to complete the registration process. If you do not agree with the Agreement, do not click on the check box to indicate that you ‟Accept the Terms and Conditions,” and you will not be provided access to Silverbites®(the ‟Software”). By completing the registration process, you become an authorized user of Silverbites®. By clicking on the check box that you ‟Accept the Terms and Conditions” or by using Silverbites®, you agree to be bound by the terms and conditions of the Agreement.

1. Software License Grant. Sultan Dining Solutions LLC d.b.a. SILVERBITES (“Company”) hereby grants you (“Licensee”) for the term of this Agreement a non-exclusive and non-transferable, revocable, limited license to use or accessSilverbites®, in object code form only (“License”). In no way does the License grant the Licensee the ability to grant sub-licenses or authorizations, whether exclusive or non-exclusive, to third parties for access to or use of the Software. Company owns and retains all right, title and interest, including all intellectual property rights, in and to the Software, all improvements, enhancements, or modifications thereto, whether requested by Licensee or otherwise, and any software, applications, inventions, or other technology developed in connection with the Software or its support.

2. Software License Limitations. Licensee shall not: (i) adapt the Software or create derivative versions of the Software; (ii) transmit, distribute, or supply, whether by rental, sale, licensure, loan, or any other mechanism, partially or in full, the Software to any third party; (iii) rework the Software (e.g., for the purpose of correcting deficiencies) or make additions or improvements to the Software; (iv) reverse engineer the Software or attempt to derive source code from the Software; (v) alter or modify any documentation relating to the Software; (vi) use the Software to provide support to or a service to any third party; (vii) copy the Software for any reason (including in a virtual environment, creating a test environment, redundant environment, for disaster recovery purposes, or replication of the Software); (viii) remove or alter any of the confidential, proprietary, or intellectual property rights notice(s) embedded in or that Company otherwise provides with the Software; and (ix) simultaneously use the same User ID (profile) on more than one computer terminal, mobile device, or access point. 

3. Disclaimer of Warranty. SILVERBITES® POS AND SOFTWARE IS PROVIDED “AS IS” AND, TO THE FULLEST EXTENT ALLOWABLE BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPANY EXPRESSLY DOES NOT WARRANT THAT THE SOFTWARE, IN WHOLE OR IN PART, WILL BE ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION, OR WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE OTHER THAN SPECIFICALLY IDENTIFIED BY COMPANY. COMPANY DOES NOT WARRANT THAT THE SOFTWARE, SUPPORT, HARDWARE, OR SERVICES ARE FREE OF NONMATERIAL DEFECTS OR THAT THEY WILL MEET THE SPECIFIC REQUIREMENTS OR NEEDS OF LICENSEE'S INTENDED USE. ALL WARRANTIES ARE VOID IF THE PRODUCT HAS BEEN MODIFIED BY ANYONE OTHER THAN COMPANY.

4. Limitation of Liability. COMPANY’S AGGREGATE AND CUMULATIVE LIABILITY FOR RESCISSION AND/OR DAMAGES TO LICENSEE WILL BE, WHETHER IN CONTRACT OR TORT, LIMITED TO ACTUAL DIRECT MONEY DAMAGES IN AN AMOUNT NOT TO EXCEED THE AGGREGATE FEES PAID BY LICENSEE TO COMPANY FOR USE OF THE PRODUCT, EXCLUDING FEES PAID MORE THAN ONE YEAR PRIOR TO LICENSEE'S INITIAL NOTICE OF THE CLAIM TO COMPANY. IF NO DISCRETE FEE IS IDENTIFIED IN THE APPLICABLE ORDER FORM, COMPANY’S CUMULATIVE LIABILITY TO LICENSEE WILL BE AN AMOUNT NOT TO EXCEED THE FEE REASONABLY ASCRIBED BY COMPANY FOR THE COMPONENT SYSTEM GIVING RISE TO THE LIABILITY. IN NO EVENT WILL COMPANY, BE LIABLE FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOST PROFITS, LOSS OF USE, LOSS OF REVENUE, OR LOSS OF DATA OR BUSINESS INTERRUPTION WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, AND REGARDLESS OF WHETHER COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSEE SHALL NOT SEEK OR APPLY FOR SUCH DAMAGES.

5. Compliance with Laws. Licensee will comply with all laws, rules, and regulations applicable to the use of the Software, including but not limited to (i) the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et seq.) and its implementing regulations. Without limiting the generality of the foregoing, Licensee shall comply with the medical device reporting requirements set forth at 21 C.F.R. Part 803, Subpart C, to the extent applicable; (ii) U.S. export controls; (iii) U.S. Foreign Corrupt Practices Act; (iv) the Health Insurance Portability and Accountability Act of 1996 (‟HIPAA”) and subsequently the Health Information Technology for Economic and Clinical Health Act (‟HITECH”) and/or (v) other similar laws and regulations that are applicable to the Licensee. Licensee acknowledges that Company is not providing any electronic communications service and that Licensee is solely responsible for complying with any legal requirements applicable to its provision or use of electronic communications services in connection with the Software. Licensee shall not use or export the Software outside of the United States without Company’s prior written authorization and compliance with applicable law. 

6. Privacy. Silverbites® is subject to the Company’s Privacy Policy, which is located at https://www.silverbites.com/privacy-policy. By using Silverbites®, you agree that Company can use any data collected in accordance with our privacy policies. 

7. Responsibility for Certain Matters. Licensee is responsible for all access to and use of Silverbites® by means of Licensee's equipment or Licensee's password, regardless of whether Licensee has knowledge of or authorizes such access and use. Licensee will not share Licensee's password with any other person or entity. In the event Licensee learns that Licensee’s account has been compromised, Licensee must contact Company to report the compromise immediately.

8. Licensee Content. Licensee shall own all right, title, and interest in and to the content Licensee uploads to the Software, subject to the remainder of this section. Licensee grants Company a worldwide right to use, host, store, reproduce, modify, create derivative works, communicate, and publish all content uploaded to the Software by Licensee, or any other party using the Software, as may be necessary to provide Licensee with Silverbites®. Licensee by this Agreement as well as through its access and usage of Silverbites® expressly permits access to any content Licensee creates or transmits through Silverbites® to Company and to any administrator to whom Licensee grants or to whom administrative rights are automatically granted over Licensee's usage of the Software. Licensee is responsible for ensuring that it has all of the necessary rights in any content it uploads through Silverbites® and that all content uploaded by Licensee does not infringe on the rights of any copyright owners, violate any applicable laws, or violate the terms of any license or agreement. Upon receipt of adequate notice under the Digital Millennium Copyright Act (17 U.S.C.A § 512), Company reserves the right to delete or disable any content uploaded by Licensee alleged to infringe on the intellectual property rights of any third party. Although Company has no obligation to monitor Licensee’s use of the Software, Company may do so and may prohibit any use of the Software it believes may be or alleged to be in violation of the foregoing.

9. No Assignment. Licensee may not assign, sublicense, or otherwise transfer this Agreement or any part of it to a third party without Company’s prior written consent. 

10. Software Changes. Company owns and operates the Software and reserves the right to modify or enhance the Software at any time without notice or liability. Company does not guarantee the availability of any particular feature or function.

11. Term and Termination. This Agreement will be effective upon Licensee's first access to Silverbites® through Licensee's password. Company may terminate this Agreement at any time by revoking Licensee's account. Upon any termination of this Agreement, Licensee's account will automatically be revoked. 

12. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior representations, proposals, discussions, and communications, whether oral or in writing. This Agreement may be modified only by a written instrument executed by both parties.

13. Binding. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns.

14. Waiver. No failure or delay by either party in exercising any power or right under this Agreement shall operate as a waiver, nor does any single or partial exercise of any other power or right preclude any other or further exercise, or the exercise of any other power or right.

15. Governing Law. This Agreement will be governed by, construed, and enforced in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any suit or action arising out of or in connection with this Agreement or any breach of this Agreement must be brought and maintained in the federal or state courts located in BREVARD County, Florida. Assignor hereby irrevocably submits to the jurisdiction of those courts for the purpose of any action under this Agreement and expressly and irrevocably waives any objection to venue and any claims regarding an inconvenient forum.

16. Attorneys’ Fees and Costs. In the event that Company is required to bring an action in connection with the performance, breach, or interpretation of this Agreement, the prevailing party in that action shall be entitled to recover from the losing party all reasonable costs and expenses of litigation, including reasonable attorneys’ fees, court costs, costs of investigation, accounting, and other costs reasonably related to the litigation in both the trial and appellate courts.

17. Severability. If any term, covenant, condition, or provision of this Agreement, or the application of this Agreement to any person or circumstance, shall at any time or to any extent be invalid or unenforceable, the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected by the invalidity or unenforceability, and the terms, covenants, and conditions of this agreement shall be valid and enforced to the full extent permitted by law unless to do so would violate the objective intent of the parties.

    Last Modified: March 14, 2025