END-USER LICENSE AGREEMENT - (EULA)
IMPORTANT READ CAREFULLY: This TechExcel End-User License Agreement (EULA)
is a legal agreement between you (either an individual / Corporate or a single entity)
and TechExcel for the software product identified above, which includes computer
software and associated media and printed materials (if any), and may include online
or electronic documentation (SOFTWARE PRODUCT or SOFTWARE). By installing, copying,
or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA.
If you do not agree to the terms of this Agreement, you are not authorized to use the
SOFTWARE PRODUCT. Copyright laws and international copyright treaties, as well as other
intellectual property laws and treaties protect the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is licensed, not sold.
License Grant
TechExcel grants to you a non-exclusive, non-transferable license to use the copy of
this software product in accord with the terms set forth in this License Agreement.
You may
a. Install the software on only one Server computer.
b. Make one (1) copy of the software in machine-readable form solely for backup purposes,
provided that you reproduce all proprietary notices on the copy; and should be prior
to permission from TechExcel
c. Physically transfer the software from one computer to another provided that the
software is used on only one computer at a time.
d. Use the software exclusively for the purpose of managing your own client portfolio.
You may not
a. Use the Server Version software on more than one computer at a time in a network
or incase of multi-user system it should load
on workstations after explicit permission from TechExcel.
b. Modify, translate, reverse engineer, decompile, disassemble, create derivative works
based on,or copy (except for the backup copy) the software or the accompanying
documentation.
c. Rent or lease any rights in the software or accompanying documentation in any form to
any person without the prior written consent of TechExcel which, if given, is subject
to the transferee's consent to the terms and conditions of this license; or
d. Remove any propriety notices, labels, or marks on the software, documentation,
and containers.
e. Use this software for the purpose of commercial data processing for other Share
Brokers / Financial Institutions, without written permission from TechExcel.
All rights, title, interest, and all copyrights to the software, documentation, and any
copy made by you remain with TechExcel. Unauthorized copying of the documentation,
Reports or failure to comply with the above restrictions will result in automatic
termination of this license and will make available to TechExcel other legal remedies.
Limitation of Remedies
Your sole remedy under this License Agreement Shall be repair or replacement as provided
in the Limited Warranty. TechExcel sole and exclusive maximum liability for any claim by
you or anyone claiming through or on behalf of you arising out of your order or the
warranty shall not in any event exceed the actual amount paid by you to TechExcel,
for the product. IN NO EVENT SHALL TECHEXCEL BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
COLLATERAL, EXEMPLARY, CONSEQUENTIAL OR SPECIAL DAMAGES OR LOSSES ARISING OUT OF YOUR
ORDER OR PACKAGE DELIVERED UNDER IT OR OUT OF THE WARRANTY, INCLUDING WITHOUT LIMITATION
LOSS OF USE, PROFITS, GOODWILL OR SAVINGS. OR LOSS OF DATA, DATA FILES, OR PROGRAMS THAT
MAY HAVE BEEN STORED BY THE USER.
Limited Warranty
The software and documentation is provided with expressed limited Conditions for the
period of one year only, from the original date of purchase of software licence from
TechExcel. During the Maintenance period, TechExcel shall provide only free telephonic
support and supply updated versions of the software, as and when released. However, for
the purpose of supplying you with updated versions of the software, the cost of media and
forwarding cost if any shall be borne exclusively by you in advance. Support for the
software after the warranty period (in any form) shall be at cost and at sole discretion
of TechExcel, which shall be informed to you by TechExcel on request.
TechExcel does NOT warrant that the function contained in the software will meet your
requirements or that the operation of the software will be uninterrupted or error free.
However, TechExcel warrants the media disk on which the software is furnished to be free
from defects in material and workmanship for a period of one year from the original date
of purchase of the software licence from TechExcel.
The warranty set forth above shall not apply to any failure or deficiency if client
doesn’t make the full payment of the product as mutually agreed upon or even which has
been caused by misuse, neglect, alteration, improper installation, unauthorized repair
or modification, improper testing, accident or causes external to the disk, such as, but
not limited to, excessive heat or humidity, power failure, or improper installation,
TechExcel warranty as set forth above shall not be enlarged, diminished of affected by,
and no liability shall arise out of TechExcel, rendering of technical advice or service
in connection with your order. The warranty set forth above is not assignable by you.
General
TechExcel reserves the power to withdraw support on the software, if you default in any
of the terms set forth in this document. It also reserves the right to amend, add or
remove the terms in this document without any prior notice to you. You may terminate
this license at any time by destroying all copies of the software or by returning them
to TechExcel. TechExcel may terminate this license if you fail to comply with the terms
and conditions of this License Agreement. Upon such termination, you agree to destroy or
return all your copies of the software. Any unauthorized rental, lease, assignment or
(except as provided above) transfer of any copy of the software shall be void. If any
provisions of this Agreement are held invalid, the remainder shall continue in full force
and effect. This License Agreement shall be governed by the laws.
This Agreement is the entire Agreement between us and supersedes, any other
communications, advertisement or understandings with respect to the software and
documentation.
