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. Source code is not provided by the Licensor to the Licensee
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.