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This is a license agreement between You (referred as “you”, “your”, and/or “client" hereinafter) and Nesote Technologies Private Limited (referred also as “us”, “we”, “our” , “company” and/or “Nesote” hereinafter).
By using our website (www.inoutscripts.com, www.nesote.com or any of its subdomains and/or parent domains), purchasing, upgrading, installing and/or using any of our software we are selling either through these websites or selling through an authorized employee of the Company, you are agreeing to the following terms. Do not purchase, install, upgrade or use the software (also known as ‘script’, referred as “software” and/or “script” hereafter), if any of these terms are not acceptable for you . You are neither allowed to keep/use the script nor you are licensed to use the script, if any of the terms are not acceptable for you. By accepting this agreement, purchasing any of the software, installing/upgrading any of the software or using the software, you agree to all of these terms, and consent to the transmission of certain information during installation and/or during your use of the software for the purpose of validating your license. If you do not accept and comply with these terms, you shall not use the software or its features.
The software is licensed, not sold. Under this agreement, we grant you the right to install and run one instance of the software on your domain (the licensed domain), so long as you comply with all the terms of this agreement. Updating or upgrading from non-genuine software with software of us does not make your original version or the updated/upgraded version genuine and in that situation you do not have a license to use the software.
Any software that is licensed from us can be installed only in ONE domain for which the license key is generated. If you want to setup more than one website using the script, you are required to obtain additional license(s) from us. You understand that some of the files/code in the software are encrypted. You shall not decrypt/reverse engineer any encrypted code in the software. You should NOT remove, alter or obfuscate any instances of the script's name or copyright notices found in the administration (admin) area and PHP source files. Anyway, you are allowed to remove the copyright notice from the end user side of the website (ie. the homepage etc.), even though we reserve all the intellectual property rights of the software. The copyright and ownership of the software is with us and you are only a licensee.
A script license is granted for a particular domain name. If you want to move the script to a new domain, then you should place a request from the member area, which we may approve. Though we generally approve a change in domain name request, we reserve the right to deny any requests, with/without revealing any reason(s).
If you run an online business based on our script, you may sell/transfer the domain to a third party subject to the terms and conditions mentioned herein. In that event, you may preinform us about the change in ownership of the domain and subsequently you shall place a license transfer request, which we may approve under our discretion. All the terms of this agreement will be applicable for the transferee/new owner as well. You shall duly inform him about the terms of the agreement and the buyer/transferee is supposed to follow all terms and conditions mentioned herein. In an event the transferee doesn’t follow any of the terms of this agreement, the license could be revoked without any notice, without having any kind of liability either on you or the transferee.
You are entitled to receive free "basic technical support" for all the software purchased from us upto a maximum period of 1 year from the date of purchase of license or a total of 36 hours of active support from the customer support staffs whichever comes early. The basic technical support will ONLY include One Time software installation and basic feature clarifications. Setting up of server, third party packages, third party add ons are NOT part of the technical support even though it may hinder the installation of our software in the server. The server environment where we intend to install the software should meet the basic system/third party utility/package/installation requirements that each of our software may require.
To avail any kind of technical support, you must provide a web based proper access to your server with database access (if required). If we are not given proper access to your server, installation environment and the database, technical support given to you will be limited to feature clarifications only.
You shall NOT give us access to your installation environment, once the software is installed. In the event you want our staff to access your area, after installation, you agree to do that in your own risk and you hereby agree that you will NOT hold us liable for any kind of damages it (such access) may cause directly or indirectly to your server, data, files or installation environment. We highly recommend you NOT to give access to the installation environment to a third party (including our staffs) after installing the software. We are not liable for any damages or loss in violation to this clause.
We maintain demo services for each of our software as well as addons. Please try it out with the online demo links available on our website and make sure that the product fits your need before placing your order. All payments are final and no refunds will be issued once the payment is made. If you have any concerns, please take enough time testing the software on the demo mode and ask questions to our sales team online before you buy the software.
All our software listed and/or being sold on this website(www.inoutscripts.com) and/or sold through an authorized employee of the Company are copyright protected software. All and the entire intellectual property rights on the software/scripts are reserved to us (Nesote Technologies Private Limited) only. You do not have any kind of intellectual property rights or any other rights on the software, under any circumstances. You are only allowed to use the software in the licensed domain as long as you maintain an active license with us, complying all the terms of this agreement.
UNDER ANY CIRCUMSTANCES, UNDER ANY LAWS, no rights of the software/customisations/ software variants is given/transferred to you. We reserve the entire and exclusive rights of the software, customisations and/or the software variants.
THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. WE DISCLAIM ALL WARRANTIES RELATING TO THE SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER WE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE DEVELOPMENT, CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES/CLAIMS OR NOT. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. IN ANYWAY, WE ARE NEITHER LIABLE NOR RESPONSIBLE FOR SUCH DAMAGES.
EXCEPT FOR THE EXCLUSIVE REMEDY OFFERED BY US ABOVE AND ANY REMEDIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER LAW, WE WILL NOT BE LIABLE TO THE CUSTOMER FOR ANY LOSS, DAMAGES, CLAIMS, OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY, EVEN IF OUR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, COSTS, OR NOT. IN ANY EVENT, OUR AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES, SUPPLIERS, AND CERTIFICATE AUTHORITIES UNDER OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE SOFTWARE, IF ANY. THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT.
THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. THIS LIMITATION OF LIABILITY MAY NOT BE VALID IN SOME JURISDICTIONS. IF YOU ARE IN SUCH JURISDICTION OR YOU ARE GOVERNED BY SUCH A LAW SEEKING A LIABILITY BEYOND THE PRICE OF THE SOFTWARE PAID BY YOU TO US BY THE TERMS OF THIS AGREEMENT, YOU ARE NEITHER ALLOWED TO BUY A LICENSE FROM US NOR TO ENJOY ANY FEATURES OF THE SOFTWARE.
We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. If we can’t, you and we agree to binding individual arbitration in the manner mentioned below, and not to sue in court in front of a judge or jury.
Any dispute or difference arising out of or in connection with this agreement, including any question regarding its existence, operation, termination, validity or breach thereof shall be referred to and finally resolved by arbitration as per the Arbitration & Conciliation Act, 1996 and shall be conducted by the arbitrator appointed by the Company, in accordance with the Arbitration Rules of Indian Council of Arbitration for the time being in force. Place of Arbitration shall be Kochi (A city in Kerala State in India).
In an event the arbitrator appointed by the Company has no judicial authority on you, the binding individual arbitration shall take place in Singapore, and we(Company) reserve the right to choose the arbitrator.
Also under any circumstances, the maximum liability for our Company for any dispute arising anything in connection with this agreement shall not be more than the standard price of the software license you purchased from us or the price you have paid to us for the purchase of the license of the software, whichever is lower.
If a particular term is not enforceable, the unenforceability of that term will not affect any other terms.
Nothing in this Agreement shall be deemed to prohibit us from developing, making, using, improving, modifying, marketing, distributing, licensing, selling, producing, providing or otherwise commercializing any of software (including but not limited to the software licensed to you) or any other services or products.
You may not assign or otherwise transfer these terms or your rights and obligations under these terms, in whole or in part, without our written consent and any such attempt will be void. We may transfer our rights under these terms to a third party.
Our failure to enforce or exercise any of these terms is not a waiver of that section.
We may modify these terms or add any additional terms that apply to a Service or Software to, for example, reflect changes to the law or changes to our Services or Software. You should look at the terms on our website (www.inoutscripts.com) regularly. We may/may not post notice of modifications to these terms on this page. By continuing to use Software after the revisions come into effect, you agree to be bound by the revised terms.