Copyright Notice :
This software is the intellectual property of Gem IT Services Pvt Ltd. (henceforth known as the COMPANY), and is covered by retained intellectual property rights, including copyright. The application is made available to you under the following terms and conditions.
This License governs use of the accompanying Software, and your use of the Software constitutes acceptance of this license. "Software" includes, without limitation: all PHP / Java / Scala files, all resource files (CSS, JPEGs, Javascript, SQL, database/XML files, XML schema files, etc.), all source code, and all documentation. "Software" may include a number of third party scripts and files and are subject to their own licensing agreements. Product names, logos, brands, and other trademarks featured or referred to within the "Software" are the property of their respective trademark holders. These trademark holders are not affiliated with Gem Its Services , our products, or our website.
You may use this Software for any purpose, commercial or otherwise, subject to the restrictions in this license and in accordance with the law (including by-laws) in the country in which it is operated.
YOU ARE GIVEN ONE LICENCE TO INSTALL THE “SOFTWARE” FOR YOUR MAIN DOMAIN. Multiple instances of the “Software” cannot be operated on multiple domains under a single license. Additional licenses must be purchased for every domain you wish to install the software on. You are permitted to install multiple instances of the “Software” on a single domain, for example on sub-domains and on a localhost for testing and development purposes. Your license to lawfully use the “Software” will be terminated if evidence is found that the “Software” is being run on multiple domains. An additional development license can be provided upon request to run the software on localhost subject to approval by COMPANY based on information provided by CLIENT.
YOU MAY NOT DISTRIBUTE TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES. This Software is made available exclusively to the purchasing party (henceforth known as the CLIENT), without the right to provide or demonstrate the Software for any third party. Your rights are personal, and are under no circumstances assignable, licensable, or otherwise transferable unless prior agreement is made with the COMPANY.
YOU MAY MODIFY THIS SOFTWARE FOR ANY PURPOSE, except that you may NOT distribute the Software to any other person in original or modified form. You may not distribute this Software or any derivative works in any form for commercial purposes, including (without limitation) running business operations, licensing, leasing, or selling the Software, or distributing the Software for use with commercial products.
SOFTWARE CUSTOMIZATION PERFORMED BY CLIENT OR THIRD PARTY WILL NOT BE ELIGIBLE FOR FREE TECHNICAL SUPPORT. The technical support desk is provided to fix problems and answer questions originating in and pertaining to the core files of the SOFTWARE. Requests for advice on how to modify the files to perform a new or different function compared to the default features will be treated as consultation requests and will be billed according to COMPANY standard hourly rate.
FREE TECHNICAL SUPPORT IS PROVIDED BY THE COMPANY FOR A PERIOD OF ONE TO THREE MONTHS FROM THE DATE OF PURCHASE (depending upon the product purchased). You have the right to submit an unlimited number of technical support tickets related to issues or questions to the core files or default features for three months from the date of your purchase. Support is restricted to one of your licenses, either the live site license or the development license. The support period does NOT apply if COMPANY is currently in the process of customizing SOFTWARE based on client requirements. Support period for customization projects begins from the date of delivery and lasts for a period of not more than three months.
In the rare case that COMPANY has not fixed technical support issues CLIENT has submitted during the three month support duration and the support duration expires COMPANY agrees to continue assigning resources to these tickets until the issues are resolved. CLIENT may not add new issues to open tickets that have passed the support duration period, any new issues reported will be ignored unless a support extension has been purchased.
COMPANY will restrict posting of new support tickets by up to 48 hours before support duration expires.
COMPANY AGREES TO RESPOND TO ALL TICKETS WITHIN 48 HOURS EXCLUDING WEEKENDS AND PUBLIC HOLIDAYS. The support desk is staffed 16 hours per day Monday to Friday and COMPANY agrees to respond to all submitted tickets within a 48 hour timeframe EXCEPT when the support technician notes that the issue will take longer to fix or the product has just been released. COMPANY agrees to inform CLIENT in advance of public holiday notices through Facebook and or other ways.
NEW PRODUCT LAUNCHES ARE EXCLUDED FROM THE REGULAR TECHNICAL SUPPORT. Due to the high number of enquiries following a product launch COMPANY will not accept any technical support tickets posted to the support desk. CLIENT is asked to submit any issues to the bug tracker so that the core developers can make the fixes and everyone can get access to the updated SOFTWARE. The 48 hour turnaround time is not applicable for bug reports. Regular technical support will begin one month after the product has launched.
UPGRADES PROVIDED FOR SOFTWARE. As the software is updated to patch errors, bugs, security flaws or to add new features CLIENT will have free, unrestricted access to the SOFTWARE updates for the duration as stated in each of the product licenses.. COMPANY provides patch files "as is" which allows CLIENT to perform the upgrade. COMPANY will offer to perform the upgrade for a fixed price however if CLIENT has made any customizations that they wish to keep COMPANY will quote a price accordingly. APPLYING PATCH FILES MAY OVERWRITE CUSTOMIZATIONS OR MODIFICATIONS MADE TO THE EXISTING FILES AND COMPANY DOES NOT ACCEPT RESPONSIBILITY FOR LOSS OF DATA WHEN CLIENT PERFORMS THE UPGRADE.
REFUND POLICY.softlets products are intangible goods that are digitally delivered, we therefore follow a strict refund policy on agreed terms*. Customers requesting for repeated refunds, will be blocked from making further purchases and from all future communication. Customers that violate the terms of use of the product may have their right of return revoked. Customer can request for refund within 15 days from purchase, have to produce an evidence. Our dedicated customer service team would review and verify the evidence and if it is merit, a refund will be processed.Any refund request will be processed only if the evidence approved by our reliable customer service team.
You may use any information in intangible form that you remember after accessing the Software. However, this right does not grant you a license to any of GEM IT SERVICES PVT Ltd copyrights or patents for anything you might create using such information.
In return, you agree:
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Not to remove any copyright or other notices from the Software. For products which have "copyright removal" as an add on module.
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Not to distribute this Software or any derivative works in any form to any person, entity or individual
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Not to distribute the Software to any other person under any circumstances.
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Not to try and circumvent or reverse engineer the licensing system in place
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THAT THE SOFTWARE COMES "AS IS", WITH NO WARRANTIES. THIS MEANS NO EXPRESS, IMPLIED OR STATUTORY WARRANTY, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY OF TITLE OR NON-INFRINGEMENT.
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THAT GEM IT SERVICES PVT LTD. WILL NOT BE LIABLE FOR ANY DAMAGES RELATED TO THE SOFTWARE OR THIS LICENSE, INCLUDING DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, TO THE MAXIMUM EXTENT THE LAW PERMITS, NO MATTER WHAT LEGAL THEORY IT IS BASED ON.
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ALL PURCHASES ARE CONSIDERED FINAL DUE TO THE DIGITAL NATURE OF THE SOFTWARE. MERCHANT GATEWAY DISPUTES WILL BE TREATED AS A BREACH OF LICENSE AND YOUR SUPPORT AND UPGRADES WILL BE SUSPENDED FOR THE DURATION OF THE DISPUTE.
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That your rights under this License may be modified or canceled at any time, for any reason, and without notice to you, but will always be made available and that any subsequent revision or version of this License will completely supersede the terms and obligations of all earlier Licenses, including this one.
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That your rights under the License end automatically if you breach it in any way, while your obligations remain in effect.
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That the terms and conditions of this License shall be governed by Indian law (without regard to its conflict of law principles), and that any dispute over the terms of this License may be brought only in the state and federal courts of India.
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GEM IT SERVICES PVT LTD. reserves all rights not expressly granted to you in this license. If you have questions about these terms and conditions, please send email to info@gemitservices.com but note that such questions or email will not release you from the terms and conditions of this License Agreement.
