END-USER LICENSE AGREEMENT FOR NEXT CENTURY SOFTWARE APPLICATIONS
IMPORTANT-READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you (either individual or a single entity) and the NEXT CENTURY SOFTWARE. The company NEXT CENTURY SOFTWARE may be referred as NCS in this document. The SOFTWARE PRODUCT includes computer software, and may include associated media, printed material, and “online” or electronic documentation. Any software provided along with the SOFTWARE PRODUCT that is associated with a separate end-user license agreement is license to you under the other license agreement. By installing, copying, downloading, accessing or other wise using the SOFTWARE PRODUCT you agree to be bound by this EULA. If you do not agree to this EULA, NEXT CENTURY SOFTWARE is unwilling to license the SOFTWARE PRODUCT to you. In such event, you may not use or copy the SOFTWARE PRODUCT.
This EULA is valid only to the business whose name and address is registered with us.
You will need to buy a new EULA in the case of change of business or change of address.
The SOFTWARE PRODUCT is licensed to be used, not to be sold. The term “COMPUTER” as used herein after shall mean the HARDWARE of a computer system with which the HARDWARE operates, if the HARDWARE is a computer system component.
A. GRANT OF LICENSE.
This EULA grants you the following rights:
Storage / network use. If granted as stand alone product then SOFTWARE PRODUCT may not be installed, accessed, displayed, run, shared or used concurrently on or from different computers, including a workstation, terminal or other digital electronic device (“Devices”).
Back-up Copy. May you make a single back-up copy of the SOFTWARE PRODUCT. You may use the back-up copy solely for archival purpose. NCS is not liable to keep the backup of customer’s data under any circumstances whatsoever. The customer may make the backup of his/her personal data on a separate hard disk, flash drive, or on internet.It is also customer’s responsibility to make a backup of his/her data prior to seeking support/assistance from NCS technical support person or by getting support online.
Back-up Utility. You may use any utility to make the single back-up copy.
Return of Software: The software product once sold are non-refundable.The buyer can exchange the software product within 30 days of purchase.
B. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Limitation on reverse Engineering, de-compilations and dis-assembly. You may not reverse engineer, de-compile or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.
Single EULA. The package for the SOFTWARE PRODUCT may contain multiple version of this EULA, such as multiple translation and/or multiple media version(e.g. in the user documentation and in the software). In this case, you are only licensed to use one copy of SOFTWARE PRODUCT.
Rental. You may not rent, lease or lend the SOFTWARE PRODUCT.
Termination. Without prejudice to any other rights, NEXT CENTURY SOFTWARE may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
Cancellation: The customer can cancel his/her order of purchase within 48 hours. The 48 hours shall be counted from the time of first payment. In case of cancellation, NCS shall pay the full amount paid by the buyer.
Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks or Manufacturers.
C. TERMS FOR SUSTAINING LICENSE
The bearer of license must pay the monthly amount periodically, as per the contract with NEXT CENTURY SOFTWARE. If the bearer of license cannot pay the amount within 15 days then the company holds the rights to block the license, support and other services immediately till the clearance of dues.
If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by NCS as being eligible for the upgrade in order to use the SOFT WARE PRODUCT (“Eligible Product”). For the purpose of upgrade products only, “HARDWARE” shall mean the computer system or computer system components with which you receive Eligible Product. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the Eligible Product. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
All title and intellectual property rights in and to the SOFTWARE PRODUCT (including but not limited to any images, photograph, animation, video, audio, music, text and “applets,” incorporated into the SOFTWARE PRODUCT), accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by NCS. You may not copy the printed material accompanying the SOFTWARE PRODUCT. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted under this EULA are reserved by NEXT CENTURY SOFTWARE and its suppliers.
F. DUAL-MEDIA SOFTWARE PRODUCT
You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or the size of medium you receive, you may use only one medium that is appropriate for the COMPUTER. You may not use or install the other medium on another computer. You may not loan, rent, lease, lend or otherwise transfer the other medium to another user.
G. EXCLUSION OF LIABILITY / DAMAGE
The following is without prejudice to any rights you may have at law, which can not legally be extended or restricted. You acknowledge that no promise, representation, warranty or under taking has been made or given by manufacturer and/or NEXT CENTURY SOFTWARE (or distributor) to any person or company on its behalf in relation to the profitability of or any other consequences or benefits to be obtained from the delivery or use of the SOFTWARE and any accompanying hardware, software, manual or writing materials. You have relied upon your own skill and judgment in deciding to acquire the SOFTWARE and any accompanying hardware, manuals and written materials for use by you. Except as and to the extent provided in this agreement, neither Manufacturer and/or NEXT CENTURY SOFTWARE (or its distributor either) will in any circumstances be liable for any other damages whatsoever (including, without limitation, damages for loss of business, business interruption, loss of business information or other indirect or consequential loss). Arising out of the use or in ability to use or supply or non-supply of the SOFTWARE and any accompanying hardware and written materials.
H. NO LIABILITY FOR CONSEQUENTIAL DAMAGES
To the maximum extent permitted by applicable law, in no event shall Manufacturer or its supplier be liable for any damages whatsoever (including without limitation, direct or indirect damages for personal injury, loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or in ability to use this product, even if Manufacturer has been advised of the possibly of such damages.
I. SUSPENSION OF LICENSE
The license of any company will be suspended if there will be no transaction between that company and NEXT CENTURY SOFTWARE within 15 months. Upon suspension of the license the company holds the rights to block the license, support and other services immediately permanently. After that the software must be purchased again by paying the required fees, if the use of software is needed.
J. NO OTHER WARRANTIES
To the maximum extent permitted by applicable law, Manufacturer and its suppliers disclaim all other warranties, either express or implied, including, but not limited to implied warranties, merchantibility and fitness for a particular purpose, with regard to the SOFTWARE, the accompanying written materials and any accompanying hardware.
K. SOFTWARE DEALING
The software are deliverable by email, online or by our trained personal. It is customer’s choice, by which method he/she wants to get the software be installed.
The company does not keep the customr’s data within its custody. It also does not share the customer business information with the other customers. Sometimes, the customer’s data is required by NCS for the particular error correction or debugging of the software. This data acquiring is done, on the consent of customer, only for the improvement of the software. This data is destroyed after error removal. Some data/information may be used by NCS after the consent of customer.
Company holds the rights to change the terms and conditions without notifying the bearers of license.