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User is solely responsible for all the actions and results
related to the use of this Software.
8. Limited Warranty:
The Software is provided “As
Is” without warranty of any kind, express or implied,
including, but not limited to, warranties of performance or
merchantability or fitness for a particular purpose. User
bears all risk relating to the use of the Software. If the
Software does not perform substantially in accordance
with the documentation, User’s exclusive remedy will be
limited to, at Company’s sole discretion, correction of the
defect in the Software, if any, or refund of the actual cost
paid by the User for the Software, subject to Clause No.
10 below.
9. Customer Remedies:
Company offers online support
for this Software, pre and post sale. The nature of support
can be free or on payment basis and the option of switching
from free or on payment basis may be amended without
prior notice, at the discretion of the Company. Company
will try to resolve the issues arising from this Software.
USER will cooperate with the Company Support team
for investigation of issues. This limited warranty is void if
failure of the Software has resulted from accident, abuse,
misapplication or violating the Terms of Use.
10. Service:
While Company makes reasonable efforts
to ensure that its services are available at all times,
Company does not guarantee, represent or warrant that
its services will be uninterrupted or error-free. Company
does not guarantee that users will be able to access or
use all the Company assistance for the Software at all
times.
11. No Liability:
In no event shall the Company be
liable to the User for any loss, damages, claims or costs
whatsoever including any special, consequential, indirect
or incidental damages, any lost profits or lost savings,
lost data, loss of privacy, any damages resulting from
business interruption, personal injury or failure to meet
any duty of care, or claims by a third party arising out of
the use or inability or inappropriate use of the Software,
even if the Company has been advised of the possibility
of such loss, damages, claims or costs in advance.
12. Legal Terms and Restrictions:
(a) The Software and its associated documents are
exported from India. This EULA is expressly made subject
to any Laws, regulations, orders, or other restrictions on
the export, of the Software or information about such
Software, which may be imposed from time to time by the
Government of India. User shall not export the Software
and its associated documents or any information thereof
without the written permission from the Company.
(b) EULA shall be governed, construed and implemented
by the laws of India without giving effect to conflict of laws
principle. All disputes under the EULA
shall be subject to the exclusive jurisdiction of the courts
in Udupi District, Karnataka State, India
(c) No failure to enforce any clause of this EULA shall
constitute a waiver of such clause.
(d) User shall not assign its obligations hereunder in
whole or in part without the prior written approval of the
Company.
