TERMS OF SOFTWARE LICENSE & LIMITED WARRANTY
This programme is licensed to you for use under the following terms and conditions.
1. AdSoft Technologies Pakistan through Aamir Durrani R/o Peshawar will be called the First party. The Software licensee / software user will be called the Second Party.
2. First party reserves the right to change the terms & conditions with any prior notice.
3. All Fees & charges are non refundable.
4. First party retains the ownership of the computer programme.
5. You can not make copies of the documentation or programme disks and can use the only one copy of software only on ONE computer.
6. You can not sale, loan, rent, sublicense, market or otherwise transfer the computer programme (in either media) or the documentation.
7. You can not alter, modify or adapt this computer programme or documentation including, but not limited to, translating, decompiling, dis-assembling, or creating derivative works.
8. First party retains all rights not expressly granted. Nothing in this Agreement constitutes a waiver of First party's rights under the Copyright laws of Pakistan or any other federal or provincial law.
9. First party warrants that the computer programme will work as per specifications in the General Agreement provided that it is used in the environment specified in the General Agreement. First party also warrants that he will correct substantial computer programme errors if the software disk is returned within 30 days of the delivery. These are your sole remedies for any breach of warranty.
10. Except as specifically provided above, first party makes no warranty or representation, either express or implied, with respect to the computer programme or documentation, including their quality, performance, or fitness for purpose.
11. Because this computer programme is complex and may not be completely free of errors, you are advised to verify your work. In no event will be the first party liable for direct, indirect, special, incidental, or consequential damages arising out special, incidental, or consequential damages arising out of the use of or inability to use the computer programme or documentation. In particular, first party is not responsible for any costs including, but not limited to, those incurred as a result of lost profits or revenue, loss of use of the computer programme, loss of data, the cost of recovering computer programme or data, the cost of substitute software, or claims by third parties. In no case shall first party liability exceed the amount of the license fee.
12. The warranty and remedies set forth above are exclusive and in lieu of all other, oral or written, express or implied. No dealer, distributor, agent, employee or partner is authorized to make any modification or addition to this warranty.
PAKISTAN GOVERNMENT RESTRICTED RIGHTS.
The computer programme and documentation are provided with RESTRICTED AND LIMITED RIGHTS. Use, duplication, or disclosure, by the Government is subject to restriction as set forth in COPY RIGHTS AMENDMENT ACT 1992.
TERMS OF SOFTWARE USAGE AND FREE MINOR UPGRADES
a) AdSoft Technologies Pakistan through Aamir Durrani R/o Peshawar will be called the First party. The Software licensee / software user will be called the Second Party
b) We do not license software to those who do not agree for paying Monthly, Quarterly or Annual Rental Fee. We charge Rental Fee till the software is used by the Licensee regardless he needs or not after sales service. In case anyone who agrees with us to pay the rental fees, but decides later on to discontinue paying rental fees, shall not be provided any type of service till the clearance of the all rental dues and charges etc. Such clients will be subjected to pay additional support charges depending upon the cost of trouble shooting in such cases.
c) Minor software upgrade includes software upgrade like changes routine fixes or routine improvements.
d) All other personalized upgrades shall be provided on additional cost.
e) The First Party RESERVE SOLE RIGHTS to change software support terms and cost without any prior notice. Those who do not agree to the company policies may continue to use software on their own risk. First party will not be liable for any service & support in such case.
f) The software is well designed and does not require service in general, this contract & cost covers maximum two hour support per quarter.
g) You must be careful with your data and make sure that it has no errors conflicts or problems in the data whatsoever.
h) This contract covers maximum one installation in a quarter and does not covers the problem arising of mishandling or inability to use the software under any circumstances.
i) The second party shall arrange for internet connection for online support & services. All those who need personalized support will be charged additionally for the travelling & visit charges as per company policy.
j) Support shall be available during office hours within 24 hours of the call.
k) This contract and cost does not covers data entry & recovery support.
l) 50% after sale service charges shall be charged for each additional licensed computer in the same office/shop using same database.
m) Software support shall not be provided if the Rental Fee is not paid on time. Software license will become void, if Rental Fee remains unpaid for 60 days.
n) Our support services does not covers problems related to the Softwares & Drivers Installations and OPERATING SYSTEM OR NETWORK CONFIGURATION issues.