Software License Agreement (all AXBO editions)
This Agreement is the complete statement of the Agreement between yourselves (an Individual, Company, Trust, Government Company, Government Departments of any other legal entity), the purchaser of the software described hereunder, hereinafter referred to as LICENSEE, on the one part, and SUNGRACE INFOTECH (Division of MAGIC LEARNING SERVICES Pvt. Ltd.), hereinafter referred to as the COMPANY, on the other part. By installing the software described below, you are agreeing to be bound by the terms of this agreement. If you do not agree with the terms of this agreement, promptly return the complete and undamaged software packet and accompanying items (including written materials, binders, brochures etc.), to the place from where you have purchased them for a full refund.
The COMPANY grants to the LICENSEE the right to use one copy of the enclosed software program, AXBO BUSINESS SOFTWARE, hereinafter called the SOFTWARE. The user is not the owner of the SOFTWARE; he is a LICENSEE to use the SOFTWARE. The SOFTWARE is in ‘use’ on a computer when it is loaded into temporary memory (that is RAM) or it is ‘installed’ into permanent memory (example Hard Disk, CD ROM Disk or any other storage Device on the computer). The SOFTWARE may be used on a single computer (for a Single User Edition of the SOFTWARE) or on a Local Area Network (LAN) Server (for the Multi User Edition of the SOFTWARE) for the use on any one or more nodes connected directly to the LAN Server for the simultaneous use by more than one user. Every User / Node requires a separate license. This is the only situation under which more than one User can use the SOFTWARE simultaneously. The SOFTWARE may be freely moved from one computer to another belonging to the LICENSEE, and the LICENSEE shall not be allowed to use the SOFTWARE for the benefits of anyone other than the LICENSEE. The LICENSEE shall not sell, rent, lease or otherwise transfer this SOFTWARE and the rights to use the SOFTWARE to anyone.
The SOFTWARE is owned by Sungrace Infotech and is protected by Indian Copyright Laws. Therefore you must treat this SOFTWARE like any other copyrighted material except that you may (a) make one copy of the SOFTWARE solely for the backup or archival purposes or (b) transfer the SOFTWARE to single hard disk, provided you keep the original solely for backup or archival purposes. You shall not copy the written materials accompanying the SOFTWARE.
The LIMITED WARRANTY is void unless the purchase of the SOFTWARE is from a supplier authorised to supply the SOFTWARE in the geographical territory of the LICENSEE, or from the COMPANY.
The COMPANY and its suppliers’ entire liability and your exclusive remedy shall be at the option of the COMPANY, either (a) return of the price paid on the return of the SOFTWARE to the supplier and giving the proof of having uninstalled the activation license, or (b) repair or the replacement of the SOFTWARE that does not meet LIMITED WARRANTY of the COMPANY, and which is returned to the supplier with a copy of the proof of purchase (such proof of purchase being either the original invoice or receipt of the supplier). The LIMITED WARRANTY is void if the failure of the SOFTWARE has resulted from virus, any other software or process on the computer of the LICENSEE, improper use, accident, theft, abuse or misapplication of the SOFTWARE.
The COMPANY and all its suppliers disclaim all other warranties, whether expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with regards to the SOFTWARE and the accompanying written materials.
The COMPANY and its suppliers under no circumstances shall be liable for any damages whatsoever (including, without limitation, damages for the loss of business profits, business interruption, loss of business information, or any other monetary or non-monetary loss) arising out of the use or the inability to use this SOFTWARE, even if the COMPANY has been advised of the possibility of such damages.
LICENSEE has to register himself by filling the registration form and ensuring that he is properly registered with the COMPANY. Only registered users are eligible for warranty services (such as replacement/purchase of the dongle), and technical tele-support services.
In the event of any dispute whatsoever arising between the parties in any way connected with the interpretation or implementation of any term of this agreement, or in any way connected with the use or inability to use the SOFTWARE or any other service of the COMPANY, connected with the SOFTWARE, the same shall be referred to the sole arbitration or a person to be appointed by the COMPANY, and the decision of the arbitrator will be final and binding on all parties. The arbitration proceedings shall always be held in the city of Nashik, India. All disputes whatsoever that may arise shall be governed and construed in accordance with the laws prevailing in the City of Nashik, India. Only competent courts within the city of Nashik, India shall have jurisdiction in the regard.