NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY AS ANY DISPUTE LATER SHALL BE RESOLVED ONLY UNDER THIS FRAMEWORK AND COM1 SHALL NOT BE RESPONSIBLE FOR A DIFFERENT INTERPRETATION OF ANYTHING THAT WAS COMMITTED BY ANY OF OUR AGENTS, DEALERS OR ANYONE WHO HAVE REPRESENTED US OR REPRESENTING US IN THE FUTURE .
BY USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU ALSO AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE.
1. Definitions. “Software” means (a) all of the contents of the files, disk(s), CD-ROM(s),Server(s) or other media with which this Agreement is provided, and licensed to you by Trust(collectively, “Updates”). “Use”, “Used” or “Using” means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation. “Permitted Number” means one (1) unless otherwise indicated under a valid license (e.g. volume license) granted by Trust. “Computer” means one central processing unit (CPU) that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions. “Trust” means Trust Marketing, 38,College Road, Chennai 600006, India who is the original developer of this product.
2. Software License. As long as you comply with the terms of this End User License Agreement (the “Agreement”), Trust grants to you a non-exclusive license to use Software on a compatible Computer. Non-exclusive in clear term indicates that Customer does not have source-code rights or if the software is supplied along with the server or installed on a server provided by you, the root password rights. In other words server on which the software is installed whether it is supplied by us or given by you entitles only the physical ownership of server & right to use of software but not the right to access under any pretext or circumstances.
3. Intellectual Property Rights. The Software and any copies that you are authorized by Trust to make are the intellectual property of and are owned by Trust Marketing. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Trust Marketing. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software.
4. LIMITED WARRANTY. If the Software does not perform substantially in accordance with the Documentation, the entire liability of Trust and your exclusive remedy shall be limited to either, at Trust’s option, the replacement of the Software or the refund of the license fee you paid for the Software. The refund option will be considered for only 30 days from the date of purchase.
5. DISCLAIMER. THE FOREGOING LIMITED WARRANTY STATES THE SOLE AND EXCLUSIVE REMEDIES FOR TRUST’S OR ITS SUPPLIER’S BREACH OF WARRANTY. TRUST AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, TRUST AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
6. LIMITATION OF LIABILITY. IN NO EVENT WILL TRUST OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A TRUST REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. TRUST’S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY.
If you have any questions regarding this Agreement or if you wish to request any information from Trust please use the address and contact information included with this product to contact the Trust office serving your jurisdiction.