PROBILZ EXP ED Retail Billing software 1.0

EULA - End User License Agreement

SOFTWARE END-USER LICENSE AGREEMENT

PROBILZ- RMS (Retail POS System) a software developed by M/s. Vanuston Intelligence Pvt. Ltd. (LICENSOR) - is offered to the End-user (LICENSEE) on the following terms and conditions, which the end-user shall be deemed to have accepted in full upon opening and installing the SOFTWARE.

1.The LICENSOR is the owner of copyright and all other intellectual property rights in the SOFTWARE.

2.The LICENSOR grants to the LICENSEE, a non-exclusive license to use the SOFTWARE, upon the terms and conditions contained hereinafter.

3.The LICENSEE, by opening and installing this package, is deemed to have read, understood and agreed to be bound by the terms of this Agreement. It is also agreed that this agreement is the complete and exclusive statement of agreement between the LICENSEE and the LICENSOR.

4.The LICENSEE shall not decompile, disassemble or otherwise modify the SOFTWARE, except as provided for by this license.

5.The LICENSEE is solely responsible for determining the suitability of the SOFTWARE for the purpose it is intended to be used, before the purchase of the SOFTWARE. Once the LICENSEE purchases the SOFTWARE, the LICENSOR will not accept return of SOFTWARE under any circumstances, whatsoever, and the payment once made shall be non-refundable.

6.The LICENSOR does not extend and expressly disclaims any warranty, whatsoever, as to the suitability, applicability, fitness, merchantability or otherwise of the SOFTWARE and related items.

7.The SOFTWARE is offered in various editions. Each edition is available in one or more of three different variants - Single-user, Multi-user and Client-Server. In case of Single-user / Client-Server, the LICENSEE can install the SOFTWARE on a single Computer only. In case of Multi-user, the LICENSEE can install the SOFTWARE on a single Local Area Network (LAN).

8.The LICENSEE shall take all reasonable precautions and measures to protect the SOFTWARE, and related items from unauthorized use, access, copying, modifications, reproduction, distribution or publication.

9.The price of the SOFTWARE is the license fee for use of the SOFTWARE only. All services like Installation, Training, Support, Documentation etc. are chargeable extra or inclusive of the package offered.

10.Upgrades, enhancements, additions and improved versions of the SOFTWARE shall be available to the LICENSEE upon payment of additional license fee / price, as per the policy of the LICENSOR, as may be prevalent from time to time.

11.After a new version is released, all further development / debugging will be carried out on the new version only, which may be subject to acceptance of further terms and conditions between the parties.

12.The LICENSOR does not guarantee the compatibility of the SOFTWARE with future Operating Systems / Technologies.

13.The LICENSOR shall not take any responsibility for any kind of corruption of data at the LICENSEE site due to media failure / power failure / hardware problem / virus infection or any other reason. At most, the LICENSOR can try to recover the data either fully or partially and the same shall be chargeable.

14.It is expressly agreed by the LICENSEE that neither the manufacturer nor the supplier of the SOFTWARE shall be liable for any loss or damage, whether direct, indirect, special, consequential and / or incidental, arising from the use or application of the SOFTWARE and related items.

15.The Statutory Reports provided in the SOFTWARE are intended to provide the information / data to the LICENSEE, which is required for fulfilling of various statutory obligations like depositing of tax, filing of tax returns etc. The LICENSOR does not guarantee, promise or claim accuracy, completeness or adequacy of the information provided and makes no claim that the Statutory Reports provided in the SOFTWARE will be accepted by the tax authorities as it is.The Licensor shall not be responsible for any error / omission or delay in fulfilling of statutory obligations by the LICENSEE. In case there is any change in statutory requirement, the LICENSOR shall try to incorporate the same in the forthcoming releases of the SOFTWARE, but, shall be under no obligation to do so.

16.The parties hereby agree that the courts at Chennai, India alone shall have the jurisdiction to entertain any proceedings in respect of anything arising under this agreement.
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