End-User License Agreement
1. Definitions
2. Software License
2.1. General Use
2.1a. Standard Edition
2.1b. Professional Edition
2.1c. Enterprise Edition
2.1d. Enterprise L Edition
2.2 Backup Copy
2.3 Database Backup Copy
2.4 Home Use
3. Intellectual Property Rights
4. Transfer
5. LIMITED WARRANTY
6. DISCLAIMER
7. LIMITATIONS OF LIABILITY
8. Export Rules
9. Governing Law
10. General Provisions
11. Compliance with Licenses
12. SPECIFIC EXCEPTIONS
13. Pre-release Product Additional Terms
14. Tryout, Product Sampler, NFR, Additional Terms
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION
OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT,
INCLUDING, IN PARTICULAR THE LIMITATIONS ON:
USE CONTAINED IN SECTION 2;
TRANSFERABILITY IN SECTION 4;
WARRANTY IN SECTION 6 AND 7;
LIABILITY IN SECTION 8; AND
SPECIFIC EXCEPTIONS IN SECTION 14.
YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED
AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE. IF YOU
ACQUIRED THE SOFTWARE ON TANGIBLE MEDIA (e.g. CD) WITHOUT AN OPPORTUNITY TO
REVIEW THIS LICENSE AND YOU DO NOT ACCEPT THIS AGREEMENT, YOU MAY OBTAIN A
REFUND OF THE AMOUNT YOU ORIGINALLY PAID IF YOU: (A) DO NOT USE THE SOFTWARE
AND (B) RETURN IT, WITH PROOF OF PAYMENT, TO THE LOCATION FROM WHICH IT WAS
OBTAINED WITHIN FIFTEEN (15) DAYS OF THE PURCHASE DATE.
1. Definitions. "Software" means (a) the OrderCube
order-processing and inventory management system and all of the contents of the
files, disk(s), CD-ROM(s) or other media with which this Agreement is provided,
including but not limited to (i) Data Precision Systems or third party computer
information or software; (ii) digital images, stock photographs, clip art,
sounds or other artistic works ("Stock Files"); (iii) related explanatory
written materials or files ("Documentation"); and (iv) fonts; and (b) upgrades,
modified versions, updates, additions, and copies of the Software, if any,
licensed to you by Data Precision Systems (collectively, "Updates"). "Use" 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 Data Precision Systems. "Computer"
means an electronic device that accepts information in digital or similar form
and manipulates it for a specific result based on a sequence of instructions.
"Data Precision Systems" means Data Precision Systems, A-188, Lajpat Nagar I,
New Delhi 110024, a sole-proprietorship belonging to David Pradeep Rendall.
2. Software License. As long as you comply with the terms
of this End User License Agreement (the "Agreement"), Data Precision Systems
grants to you a non-exclusive license to Use the Software for the purposes
described in the Documentation.
2.1. General Use. You may install and Use a copy of the Software on your
compatible computer, up to the Permitted Number of computers based solely up
the software edition you have purchased or a separate agreement with Data
Precision Systems. The following are your rights according to the edition you
have purchased:
2.1.a. Standard Edition: You may install and Use one(1)
copy of the software on one(1) cpu/computer. You may not install the Software
on a computer file server for the purpose of downloading and installing the
Software onto other computers within your internal network. You may set up a
maximum of five(5) user accounts with the installation. Additional
installations will be allowed and enabled upon full payment of Additional CPU
license fees.
2.1.b. Professional Edition. You may install and Use
up to five(5) copies of the software on up to five(5) cpus/computers on the
condition that each copy uses only one(1) and the same OrderCube database file.
You may install one copy of the Software on your computer file server for the
purpose of downloading and installing the Software onto other computers within
your internal network up to the five(5) cpus/computers on the condition that
every installation on every cpu/computer accesses only one(1) and the same
OrderCube database. No other network use is permitted, including but not
limited to, using the Software either directly or through commands, data or
instructions from or to a computer not part of your internal network, for
internet or web hosting services or by any user not licensed to use this copy
of the Software through a valid license from Data Precision Systems. You may
set up a maximum of 30 total user accounts with the combined five(5)
installations. Additional installations will be allowed and enabled upon full
payment of Additional CPU license fees.
2.1.c. Enterprise Edition. You may install and Use up
to twenty-five(25) copies of the software on up to twenty-five(25)
cpus/computers on the condition that every copy use only one(1) and the same
OrderCube database. You may install one copy of the Software on your computer
file server for the purpose of downloading and installing the Software onto
other computers within your internal network up to the twenty-five(25)
cpus/computers on the condition that every installation on every cpu/computer
accesses only one(1) and the same OrderCube database. No other network use is
permitted, including but not limited to, using the Software either directly or
through commands, data or instructions from or to a computer not part of your
internal network, for internet or web hosting services or by any user not
licensed to use this copy of the Software through a valid license from Data
Precision Systems. You may set up a maximum of 300 total user accounts with the
combined twenty-five(25) installations. Additional installations will be
allowed and enabled upon full payment of Additional CPU license fees.
2.1.d. Enterprise L Edition. You may install and Use
up to one-hundred(100) copies of the software on up to one-hundred(100)
cpus/computers on the condition that every copy use only one(1) and the same
OrderCube database. You may install one copy of the Software on your computer
file server for the purpose of downloading and installing the Software onto
other computers within your internal network up to the one-hundred(100)
cpus/computers on the condition that every installation on every cpu/computer
accesses only one(1) and the same OrderCube database. No other network use is
permitted, including but not limited to, using the Software either directly or
through commands, data or instructions from or to a computer not part of your
internal network, for internet or web hosting services or by any user not
licensed to use this copy of the Software through a valid license from Data
Precision Systems. Additional installations will be allowed and enabled upon
full payment of Additional CPU license fees.
2.2. Backup Copy. You may make one backup copy of the
Software, provided your backup copy is not installed or used on any computer.
You may not transfer the rights to a backup copy unless you transfer all rights
in the Software as provided under Section 4.
2.3. Database Backup Copy. You may make any number
of backup copies of the database file.
2.4. Home Use. You, as the primary user of the computer on
which the Software is installed, may also install the Software on one of your
home computers. However, the Software may not be used on your home computer at
the same time the Software on the primary computer is being used.
3. Intellectual Property Rights. The Software and
any copies that you are authorized by Data Precision Systems to make are the
intellectual property of and are owned by Data Precision Systems. The
structure, organization and code of the Software are the valuable trade secrets
and confidential information of Data Precision Systems. The Software is
protected by copyright, international treaty provisions and applicable laws in
the country in which it is being used. You may not copy the Software, except as
set forth in Section 2 ("Software License"). Any copies that you are permitted
to make pursuant to this Agreement must contain the same copyright and other
proprietary notices that appear on or in the Software. You agree not to modify,
adapt or translate the Software. You also agree not to reverse engineer,
decompile, disassemble or otherwise attempt to discover the source code of the
Software except to the extent you may be expressly permitted to decompile under
applicable law, it is essential to do so in order to achieve operability of the
Software with another software program, and you have first requested Data
Precision Systems to provide the information necessary to achieve such
operability and Data Precision Systems has not made such information available.
Data Precision Systems has the right to impose reasonable conditions and to
request a reasonable fee before providing such information. Any information
supplied by Data Precision Systems or obtained by you, as permitted hereunder,
may only be used by you for the purpose described herein and may not be
disclosed to any third party or used to create any software which is
substantially similar to the expression of the Software. Requests for
information should be directed to the Data Precision Systems Customer Support
Department. Trademarks shall be used in accordance with accepted trademark
practice, including identification of trademarks owners' names. Trademarks can
only be used to identify printed output produced by the Software and such use
of any trademark does not give you any rights of ownership in that trademark.
Except as expressly stated above, this Agreement does not grant you any
intellectual property rights in the Software.
4. Transfer. You may not, rent, lease, sublicense or
authorize all or any portion of the Software to be copied onto another user’s
computer except as may be expressly permitted herein. You may, however,
transfer all your rights to Use the Software to another person or legal entity
provided that: (a) you also transfer each this Agreement, the Software and all
other software or hardware bundled or pre-installed with the Software,
including all copies, Updates and prior versions, and all copies of font
software converted into other formats, to such person or entity; (b) you retain
no copies, including backups and copies stored on a computer; and (c) the
receiving party accepts the terms and conditions of this Agreement and any
other terms and conditions upon which you legally purchased a license to the
Software. Notwithstanding the foregoing, you may not transfer education,
pre-release, or not for resale copies of the Software.
5. LIMITED WARRANTY. Except as may be otherwise provided
in Section 14, Data Precision Systems warrants to the person or entity that
first purchases a license for the Software for use pursuant to the terms of
this license, that the Software will perform substantially for the ninety (90)
day period following receipt of the Software when used on the recommended
hardware configuration. Non-substantial variations of performance from the
Documentation does not establish a warranty right. THIS LIMITED WARRANTY DOES
NOT APPLY TO UPDATES, PRE-RELEASE (BETA), TRYOUT, PRODUCT SAMPLER, OR NOT FOR
RESALE (NFR) COPIES OF SOFTWARE (See Section 14). To make a warranty claim, you
must return the Software to the location where you obtained it along with proof
of purchase within such ninety (90) day period. If the Software does not
perform substantially in accordance with the Documentation, the entire
liability of Data Precision Systems and your exclusive remedy shall be limited
to either, at Data Precision Systems' option, the replacement of the Software
or the refund of the license fee you paid for the Software. THE LIMITED
WARRANTY SET FORTH IN THIS SECTION GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY
HAVE ADDITIONAL RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. For
further warranty information, please see the jurisdiction specific information
at the end of this Agreement, if any, or contact Data Precision Systems'
Customer Support Department.
6. DISCLAIMER. THE FOREGOING LIMITED WARRANTY STATES
THE SOLE AND EXCLUSIVE REMEDIES FOR DATA PRECISION SYSTEMS BREACH OF WARRANTY.
DATA PRECISION SYSTEMS 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, DATA PRECISION SYSTEMS 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. The provisions of this section 7 shall survive the termination of this
Agreement, howsoever caused, but this shall not imply or create any continued
right to Use the Software after termination of this Agreement.
7. LIMITATION OF LIABILITY. IN NO EVENT WILL DATA
PRECISION SYSTEMS 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 DATA PRECISION SYSTEMS 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. DATA
PRECISION SYSTEMS’ 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. Nothing contained in this Agreement limits Data Precision
Systems' liability to you in the event of death or personal injury resulting
from Data Precision Systems' negligence or for the tort of deceit (fraud). Data
Precision Systems is acting on behalf of its suppliers for the purpose of
disclaiming, excluding and/or limiting obligations, warranties and liability as
provided in this Agreement, but in no other respects and for no other purpose.
For further information, please see the jurisdiction specific information at
the end of this Agreement, if any, or contact Data Precision Systems' Customer
Support Department.
8. Export Rules. You agree that the Software will not be
shipped, transferred or exported into any country or used in any manner
prohibited by the export laws of India, restrictions or regulations
(collectively the "Export Laws"). All rights to Use the Software are granted on
condition that such rights are forfeited if you fail to comply with the terms
of this Agreement.
9. Governing Law. This Agreement will be governed by
and construed in accordance with the substantive laws in force: (a) in the
National Capital Territory of Delhi, India. This Agreement will not be governed
by the conflict of law rules of any jurisdiction or the United Nations
Convention on Contracts for the International Sale of Goods, the application of
which is expressly excluded.
10. General Provisions. If any part of this
Agreement is found void and unenforceable, it will not affect the validity of
the balance of the Agreement, which shall remain valid and enforceable
according to its terms. This Agreement shall not prejudice the statutory rights
of any party dealing as a consumer. This Agreement may only be modified by a
writing signed by an authorized officer of Data Precision Systems. Updates may
be licensed to you by Data Precision Systems with additional or different
terms. This is the entire agreement between Data Precision Systems and you
relating to the Software and it supersedes any prior representations,
discussions, undertakings, communications or advertising relating to the
Software.
11. Compliance with Licenses. If you are a business or
organization, you agree that upon request from Data Precision Systems or Data
Precision Systems' authorized representative, you will within thirty (15) days
fully document and certify that use of any and all Data Precision Systems
Software at the time of the request is in conformity with your valid licenses
from Data Precision Systems.
12. SPECIFIC EXCEPTIONS.
12.1 Limited Warranty for Users Located in Germany or Austria. If you purchased
a license to the software in Germany or Austria then Section 6 does not apply,
instead, Data Precision Systems warrants to the person or entity that first
purchases a license for the Software, that the Software will perform
substantially in accordance with the Documentation for a period of six (6)
months following receipt of the Software when used on the recommended hardware
configuration. Non-substantial variations of performance from the Documentation
does not establish a warranty right. THIS LIMITED WARRANTY DOES NOT APPLY TO
UPDATES, PRE-RELEASE, TRYOUT, PRODUCT SAMPLER, NOT FOR RESALE (NFR) COPIES OF
SOFTWARE, OR TO SOFTWARE THAT HAS BEEN ALTERED BY YOU, TO THE EXTENT SUCH
ALTERATIONS CAUSED A DEFECT. To make a warranty claim, you must return the
Software, at our expense, to the location where you obtained it along with
proof of purchase within such six (6) month period. If the Software does not
perform substantially in accordance with the Documentation, the entire
liability of Data Precision Systems and your exclusive remedy shall be limited
to either, at Data Precision Systems' option, the replacement of the Software,
the reduction of the license fee, or a refund of the license fee you paid for
the Software. THE LIMITED WARRANTY SET FORTH IN THIS SECTION GIVES YOU SPECIFIC
LEGAL RIGHTS. For further warranty information, please contact Data Precision
Systems' Customer Support Department.
12.2 Limitation of Liability for Users Located in Germany and Austria. If you
purchased a license to the software in Germany or Austria then Section 8 does
not apply, instead, Data Precision Systems may be liable without limitation for
damages you have incurred under or in connection with this Agreement only if
the damage has been caused by the willful or grossly negligent act of Data
Precision Systems or its agents. Data Precision Systems is liable only to the
extent of the typically foreseeable damage for such damages which have been
caused by any other negligent breach of a substantial contractual duty by Data
Precision Systems or its agents. These aforementioned limitations apply
irrespective of their legal basis, in particular with regard to any
pre-contractual or auxiliary contractual claims. The limitations shall not
apply, however, to any mandatory liability under the applicable German or
Austrian Product Liability Act, nor to any damage which is caused due to the
breach of an express warranty to the extent that such express warranty was
intended to protect the user against the specific damage incurred. The
obligations under the second sentence shall not apply if any damage is caused
by your having altered the Software, or if the respective data carriers (media)
have been damaged by accident, misuse or inappropriate use, or if the damage
concerned has been caused by the use of the Software in connection with other
software for which the Software was not designated to be used according to the
Documentation.
13 Pre-release Product Additional Terms. If the product
you have received with this license is pre-commercial release or beta Software
("Pre-release Software"), then the following Section applies. To the extent
that any provision in this Section is in conflict with any other term or
condition in this Agreement, this Section shall supercede such other term(s)
and condition(s) with respect to the Pre-release Software, but only to the
extent necessary to resolve the conflict. You acknowledge that the Software is
a pre-release version, does not represent final product from Data Precision
Systems, and may contain bugs, errors and other problems that could cause
system or other failures and data loss. Consequently, the Pre-release Software
is provided to you "AS-IS", and Data Precision Systems disclaims any warranty
or liability obligations to you of any kind. WHERE LEGALLY LIABILITY CANNOT BE
EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT IT MAY BE LIMITED, DATA PRECISION
SYSTEMS'S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF
RUPEES ONE-THOUSAND(Rs.1000/-) IN TOTAL. You acknowledge that Data Precision
Systems has not promised or guaranteed to you that Pre-release Software will be
announced or made available to anyone in the future, that Data Precision
Systems has no express or implied obligation to you to announce or introduce
the Pre-release Software and that Data Precision Systems may not introduce a
product similar to or compatible with the Pre-release Software. Accordingly,
you acknowledge that any research or development that you perform regarding the
Pre-release Software or any product associated with the Pre-release Software is
done entirely at your own risk. During the term of this Agreement, if requested
by Data Precision Systems, you will provide feedback to Data Precision Systems
regarding testing and use of the Pre-release Software, including error or bug
reports. If you have been provided the Pre-release Software pursuant to a
separate written agreement, such as the Data Precision Systems Incorporated
Serial Agreement for Unreleased Products, your use of the Software is also
governed by such agreement. You agree that you may not and certify that you
will not sublicense, lease, loan, rent, or transfer the Pre-release Software.
Upon receipt of a later unreleased version of the Pre-release Software or
release by Data Precision Systems of a publicly released commercial version of
the Software, whether as a stand-alone product or as part of a larger product,
you agree to return or destroy all earlier Pre-release Software received from
Data Precision Systems and to abide by the terms of the End User License
Agreement for any such later versions of the Pre-release Software.
Notwithstanding anything in this Section to the contrary, you agree that you
will return or destroy all unreleased versions of the Pre-release Software
within thirty (30) days of the completion of your testing of the Software when
such date is earlier than the date for Data Precision Systems' first commercial
shipment of the publicly released (commercial) Software.
14 Tryout, Product Sampler, NFR, Additional Terms. If the
product you have received with this license is a tryout, product sampler, or
NFR copy of the Software ("Tryout Software"), then the following Section
applies until such time that you purchase a license to the full retail version
of such product. To the extent that any provision in this Section is in
conflict with any other term or condition in this Agreement, this Section shall
supercede such other term(s) and condition(s) with respect to the Tryout
Software, but only to the extent necessary to resolve the conflict. YOU
ACKNOWLEDGE THAT THE TRYOUT SOFTWARE CONTAINS LIMITED FUNCTIONALITY AND/OR
FUNCTIONS FOR A LIMITED PERIOD OF TIME. DATA PRECISION SYSTEMS IS LICENSING THE
SOFTWARE ON AN "AS IS" BASIS, SOLELY AS A DEMONSTRATION MODEL. If the Tryout
Software is a timeout version, then the program will terminate operations after
a designated period of time (e.g. 15. 30. or 45 days) following installation
(the "Time Out Date"), which is specified in the Software. Upon such Time Out
Date, the license hereunder shall be terminated, unless extended by Data
Precision Systems upon your purchase of a full retail license from Data
Precision Systems. You acknowledge that such Tryout Software shall cease
operation upon the Time Out Date and accordingly, access to any files or output
created with such Tryout Software or any product associated with the Tryout
Software is done entirely at your own risk. DATA PRECISION SYSTEMS DISCLAIMS
ANY WARRANTY OR LIABILITY OBLIGATIONS TO YOU OF ANY KIND, INCLUDING. WHERE
LEGALLY LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT IT MAY BE
LIMITED, DATA PRECISION SYSTEMS'S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE
LIMITED TO THE SUM OF RUPEES ONE-THOUSAND(Rs.1000/-) IN TOTAL.
If you have any questions regarding this Agreement or if you wish to request any
information from Data Precision Systems please email
info@dataprecision.com or call us at 98105 14790.
Data Precision Systems, OrderCube, and their respective logos are either
registered trademarks or trademarks of Data Precision Systems in India
DPS-LA-USEN–1.7.04
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