Terms of Services

 

1. RELATIONSHIP

(a) Your use of software, products, artwork, literature and websites developed or provided by Libresoft Technology Pvt. Ltd., a company incorporated under the Companies Act 1956, having its registered office in Maligaon, Guwahati – 781011, Assam, India (herein after referred as “Libresoft”) is a service provided to you (hereinafter referred as “Services”) by Libresoft and is subject to terms of this legal agreement (hereinafter referred as “Agreement”) between you and Libresoft.

(b) Your agreement with Libresoft will always include at minimum the terms and conditions set out in this Agreement. Certain software components, artwork or literature included in the Services are under the terms of GNU General Public License and other similar open source license agreements. This Agreement pertains solely to the Services and does not limit your rights under of grants you rights that supersede the license agreement of any individual software component included as part of the Services.

2. CHANGES TO THE SERVICES

(a) You acknowledge and agree that the form and nature of Services provided by Libresoft may change from time to time without prior notice to you.

(b) You acknowledge and agree that Libresoft may permanently or temporarily stop providing the Services at its sole discretion without prior notice to you.

3. YOUR USE OF SERVICES

(a) You agree to pay Libresoft, subscription/licensing fee for your use of the Services. The amount and frequency of the subscription/licensing fee shall be decided and revised from time to time by Libresoft and may publish it in its website, product packages, and other marketing materials. If no fee is published then please contact Libresoft at by email at: business@superxos.com or wrix@superxos.com or by phone at: +91-8721819922 prior to using the Services, to know about the subscription/licensing fee.

(b) You agree to use the Services as per the terms of this Agreement and any applicable law in relevant jurisdiction.

(c) You acknowledge and agree that Libresoft may collect non-personal, anonymous data on your usage of the Services for its internal records and in order to improve the Services.

(d) You agree not to engage in any activity that interferes or disrupts the Services.

(e) Subject to Sections 1(b) and 6, unless you have entered into a separate legal agreement with Libresoft, you agree not to reproduce, duplicate, copy, create derivative, sell, trade or resell the Services or any purpose either in part of as a whole.

(f) You agree that Libresoft shall have no responsibility to you or any third party for any breach of your obligations under this Agreement and for the consequences of any such breach.

(g) You agree that you will be liable for damages in terms of money to Libresoft in case of case of breach of terms of this Agreement by you.

4. LEGAL RIGHTS

(a) You acknowledge and agree that Libresoft (or Libresoft’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services, whether those rights are registered or not and wherever in the world those rights exists.

(b) Unless you have agree otherwise in writing with Libresoft, nothing in this Agreement gives you right to use Libresoft’s trademark, trade names, Services marks, logos, domain names, or other distinctive brand features.

(c) You agree that you shall not remove, obscure, or alter any proprietary rights notices, including copyright and trademark notices that are affixed to or contained within the Services.

5. SOFTWARE LICENSE

(a) Subject to Sections 1(b) and 3, Libresoft grants you a worldwide, non-assignable and non-exclusive license to and use any software provided by Libresoft as part of the Services (hereinafter referred to as “Software Product”).

(b) Subject to Section 1(b), you shall not or permit anyone else to copy, modify or otherwise attempt to extract the source code of the Software Product or any part thereof.

(c) Subject to Section 1(b), unless Libresoft has entered into a separate written agreement with you in this regard, you shall not assign, transfer or sub-license your rights to use the Software Product.

6. DISTRIBUTION

You may distribute Software Product via installable media like DVD or USB drives or pre-installed with computers, provided that the use of the Software Product by your end-user is as per the terms of this Agreement and you pay Libresoft, subscription/licensing fee for the use of the Services by your end-user. The amount and frequency of payment of the subscription/licensing fee shall be decided by Libresoft on per-case basis. Please contact Libresoft at by email at: business@superxos.com or wrix@superxos.com or by phone at: +91-8721819922 for discussing licensing fee or other business related queries.

7. SOFTWARE UPDATES

Software Product may as automatically download and install additional software components or install updates from time to time. You agree and permit Libresoft to deliver these to you as part of the Services.

8. CONTRIBUTING TO THE SERVICES

The Services may allow user contribution, such as but not limited to, contributing software code, artwork, literature etc. Subject to Section 1(b), unless you are in a separate written agreement with Libresoft, by contributing to the Services you grant Libresoft an exclusive, royalty-free, worldwide and unlimited right to use, reproduce, duplicate, copy, create derivative, sub-license, sell, trade or resell your contributions for any purpose in any manner permitted by applicable law and that the provisions of this Section shall be unaffected by the termination of this Agreement. Libresoft may give you credits for your contribution by displaying your name and/or picture with your consent in its relevant website.

9. CHANGES TO THE AGREEMENT

(a) Libresoft may change the Agreement from time to time at its sole discretion.

(b) You acknowledge and agree that Software Product may not automatically notify you or will have the functionality to notify you about any changes to the Agreement and it is your sole responsibility to check Libresoft’s website for any changes from time to time.

(c) You acknowledge and agree that the any copy of the Agreement distributed along with the Software Product prior to the changes brought to the Agreement shall not take precedence over the changed Agreement.

(d) You acknowledge and agree that, if you continue to use the Services after Libresoft has brought any changes to the Agreement, it shall be considered as your acceptance to the changes brought to the Agreement.

(e) This Agreement was last changed on 28th February 2015.

10. EXCLUSION OF WARRANTIES

Nothing in these terms, including Sections 10 and 11, shall exclude or limit Libresoft’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law.

You acknowledge and agree that your use of the Services is at your own risk and that the Services are provided “as is” and “as available”. Libresoft and its licensors do not represent or warrant to you that:

(a) the Services will meet your requirements,

(b) the Services will be free from error, uninterrupted, timely or secure,

(c) any information you obtain by the use of the Services will be accurate or reliable, and

(d) that defects in the operation or functionality of any software provided to you as part of the Services will be corrected.

Your use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer or other device or loss of data that results from using the Services.

No advice or information, whether oral or written, obtained by you from Libresoft or through or from the Services shall create any warranty not expressly stated in the terms.

Libresoft further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

11. LIMITATION OF LIABILITY

Subject to overall provision in Section 10 above, you expressly understand and agree that Libresoft, and its licensors shall not be liable to you for:

(a) any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or Services, or other intangible loss;

(b) any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of any changes which Libresoft may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);

(c) the limitations on Libresoft’s liability to you in paragraph 11(a) above shall apply whether or not Libresoft has been advised of or should have been aware of the possibility of any such losses arising.

12. TERMINATION

Libresoft may terminate this Agreement with you any time if:

(a) you breach the provisions of the terms of this Agreement; or

(b) act in a manner which clearly shows your intend to or unable to comply with the provisions of the terms of this Agreement; or

(c) Libresoft is required to do so by law; or

(d) Libresoft is no longer providing the Services to your geographical location; or

(e) the Services is no longer commercially viable in Libresoft’s opinion.

Nothing in this Section shall affect Libresoft’s rights under Section 2 of this Agreement. After the termination of this Agreement, all the legal rights of Libresoft, or your obligations and liabilities to Libresoft which are expressed to continue indefinitely, shall be unaffected by the termination, and the provisions of Section 13(b) shall continue to apply to such rights, obligations and liabilities indefinitely.

13. GENERAL TERMS

(a) If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the provision will become void, leaving the remainder of the Agreement in full force and effect.

(b) This Agreement shall be governed and construed in accordance with the laws prevailing in India and the place of jurisdiction shall be Guwahati, Assam.

 

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