TERMS AND CONDITIONS FOR LEADCHAIN IMAGE365 BACKUP SOFTWARE.
In these terms and conditions, the following terms shall have the meanings ascribed to them
“Software” refers to the backup software product offered by Leadchain Systems Pvt. Ltd.
“Customer” refers to any person or entity that uses the Software.
“Agreement” refers to these terms and conditions, as well as any other agreements entered into between the Customer and Leadchain Systems related to the Software.
LICENSE AND USE
Leadchain Systems Pvt. Ltd. grants the Customer a non-exclusive, non-transferable license to use the Software subject to the terms and conditions of this Agreement. The license is limited to use of the Software for the purpose of backing up and restoring data on the Customer’s own computing devices.
- You (“User”) shall pay upon delivery of the licensed programs, the license fees set forth, for no of licenses bought.
- Future releases of the software may subject to additional payment as per company policy.
- Additional licenses are subjected to additional cost..
WARRANTIES AND DISCLAIMERS
Leadchain Systems Pvt. Ltd. warrants the software for a period of One Year from the date of purchasing. This limited warranty extends only to customer as the original licensee. In no event does Leadchain Systems warrant that the software is error free or that customer will be able to operate the software without problems or interruptions.
This warranty does not apply if the software (a) has been altered, except by Leadchain Systems Pvt. Ltd., (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by licensor, (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (d) is used in ultra-hazardous activities.
LICENSOR WARRANTIES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The Customer agrees to indemnify, defend, and hold harmless Leadchain Systems Pvt. Ltd. and its officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with the Customer’s use of the Software.
LIMITATION OF LIABILITY
Leadchain Systems Pvt. Ltd. shall not be liable for any indirect, special, incidental, punitive, or consequential damages arising out of or in connection with the use of the Software. Leadchain Systems Pvt. Ltd.’s liability for any direct damages arising out of or in connection with the use of the Software shall be limited to the fees paid by the Customer to Leadchain Systems Pvt. Ltd. for the Software
TERM AND TERMINATION
This Agreement shall commence on the date of purchase of the Software and shall continue until terminated by either party. Either party may terminate this Agreement at any time upon written notice to the other party.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of INDIA / UTTAR PRADESH. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of INDIA / UTTAR PRADESH.
In addition to all other amounts due hereunder, Licensee shall also pay to Licensor, or reimburse Licensor as appropriate, all amounts due for property tax on the software and for sales, use, excise taxes or other taxes which are measured directly by payments made by Licensee to Licensor. In no event shall Licensee be obligated to pay any tax paid on the income of Licensor or paid for Licensor’s privilege of doing business.
This Agreement constitutes the entire agreement between the Customer and Leadchain Systems Pvt Ltd with respect to the use of the Software and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter of this Agreement.