This
license agreement (hereinafter Agreement) is an agreement
between you (the person or company who is being licensed
to use the Software or Documentation) and Softbiz
Solutions (hereinafter We/us/our). The Agreement applies
to all products/software/scripts/services you purchase
from us.
1.
By purchasing the Software you acknowledge that you
have read this Agreement, and that you agree to the
content of the Agreement and its terms, and agree
to use the Software in compliance with this Agreement.
2.
The Agreement comes into legal force at the moment
when you order our Software from our site or receive
it through email or on data medium at our discretion.
3.
We are the copyright holder of the Software. The Software
or a portion of it is a copyrightable matter and is
liable to protection by the law. Any activity that
infringes terms of this Agreement violates copyright
law and will be prosecuted according to the current
law. We reserve the right to revoke the license of
any user who is holding an invalid license.
4.
This Agreement gives you the right to use only one
copy of the Software on one domain solely for your
own personal or business use, subject to all other
terms of this Agreement. A separate License should
be purchased for each new Software installation. Any
distribution of the Software without our consent,
including noncommercial distribution is regarded as
violation of this Agreement and entails liability,
according to the current law.
5.
You may not use any part of the code in whole or part
in any other software or product or web site.
6.
You may not give, sell, distribute, sub-license, rent,
lease or lend any portion of the Software or Documentation
to anyone. You may not place the Software on a server
so that it is accessible via a public network such
as the Internet for distribution purposes.
7.
You are bound to preserve the copyright information
intact, this includes the text/link at bottom.
8.
We reserve the right to publish a selected list of
users of our Software.
9.
We will not be liable to you for any damages (including
any loss of profits/saving, or incidental or consequential
) caused to you, your information and your business
arising out of the use or inability to use this Software.
10.
We are not liable for prosecution arising from use
of the Software against law or for any illegal use.
11.
If you fail to use the Software in accordance with
the terms and conditions of this License Agreement,
it constitutes a breach of the agreement, and your
license to use the program is revoked.
12.Except
as expressly required by applicable law, nothing in
this agreement entitles you to any support, maintenance,
or new versions of the Software.
13.
Softbiz Solutions reserves the right to change this
license agreement at any time and impose its clauses
at any given time.
14.
License agreement remains effective until terminated.
We retain the right to terminate your license to use
the Software at any time, if in its sole discretion,
you are not abiding by the terms of the Agreement,
including, but not limited to, obscuring or removing
any link or copyright notice as specified in this
agreement. You may terminate it at any time by destroying
all copies of the Software. Termination of this Agreement
does not bind us to return you the amount spent for
purchase of the Software.
15.
The validity, interpretation, construction and performance
of this Agreement shall be governed by the laws of
the Ludhiana Jurisdiction. All disputes are subject
to Ludhiana jurisdiction only and must be submitted
to the jurisdiction of the Courts and Tribunals of
the city of Ludhiana. You hereby consent to the jurisdiction
of such courts.
16.
If you continue to use the Software after Softbiz
Solutions gives you notice of termination of your
license, you hereby agree to accept an injunction
to enjoin you from its further use and to pay all
costs (including but not limited to reasonable attorneys
fees) to enforce our revocation of your license and
any damages suffered by us because of your misuse
of the Software.
17.The
user must assume the entire risk of using the Software.
Softbiz Solutions expressly disclaims any warranty
for the Software. The Software and any related documentation
is provided "as is" without warranty of
any kind, either expressed or implied, including,
without limitation, the implied warranties of merchantability,
fitness for a particular purpose, or non-infringement.
The entire risk arising out of use or performance
of the Software remains with you. Softbiz Solutions
is not liable for the content of any web site powered
by the Software.
18.
Limitation of Liability. Softbiz Solutions shall not
be responsible for, and shall not pay, any amount
of incidental, consequential or other indirect damages,
whether based on lost revenue, business interruption,
loss of business information or otherwise, regardless
of whether Softbiz Solutions was advised of the possibility
of such losses in advance. In no event shall liability
of Softbiz Solutions hereunder exceed the amount of
license fees paid by buyer to Softbiz Solutions, regardless
of whether buyer's claim is based on contract, tort,
strict liability, product liability or otherwise.
19.
The Licensee acknowledges that he or she has read
this Agreement, understands it, and agrees to be bound
by its terms and conditions. The Licensee further
agrees that this is the entire Agreement between the
Licensee and Softbiz Solutions and that there have
been no other warranties, representations, covenants
or understandings relating to the subject matter of
this Agreement.
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