Xavoc ERP/CRM (xEpan) (All Versions)
Copyright (c) 2023 Xavoc Technocrats Pvt. Ltd.
*** END USER LICENSE AGREEMENT ***
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
1. LICENSE
By receiving, opening the file package, and/or using Xavoc ERP/CRM (xEpan) (All Versions)("Software") containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by Xavoc Technocrats Pvt. Ltd. your use of Xavoc ERP/CRM (xEpan) (All Versions) indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Xavoc Technocrats Pvt. Ltd. grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Xavoc ERP/CRM (xEpan) (All Versions) in accordance with this Agreement and any other written agreement with Xavoc Technocrats Pvt. Ltd.. Xavoc Technocrats Pvt. Ltd. does not transfer the title of Xavoc ERP/CRM (xEpan) (All Versions) to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Xavoc Technocrats Pvt. Ltd. and the purchasers or users of Xavoc ERP/CRM (xEpan) (All Versions).
If you do not agree to be bound by this agreement, remove Xavoc ERP/CRM (xEpan) (All Versions) from your computer now and, if applicable, promptly return to Xavoc Technocrats Pvt. Ltd. by mail any copies of Xavoc ERP/CRM (xEpan) (All Versions) and related documentation and packaging in your possession.
2. DISTRIBUTION
Xavoc ERP/CRM (xEpan) (All Versions) and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of Xavoc ERP/CRM (xEpan) (All Versions) contact Xavoc Technocrats Pvt. Ltd.. All in-premises installation will consist of encoded and encrypted code. If company anytime ceases it's operations related to Xavoc ERP/CRM (xEpan), it will release all Xavoc ERP/CRM (xEpan) (Latest Release) in open source community. License of open source will be decided at the time of release.
3. USER AGREEMENT
3.1 Use
Your license to use Xavoc ERP/CRM (xEpan) (All Versions) is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Xavoc ERP/CRM (xEpan) (All Versions).
3.2 Use Restrictions
You shall use Xavoc ERP/CRM (xEpan) (All Versions) in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Xavoc ERP/CRM (xEpan) (All Versions) together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of Xavoc ERP/CRM (xEpan) (All Versions) may be used on one single computer location by one user. Use of Xavoc ERP/CRM (xEpan) (All Versions) means that you have loaded, installed, or run Xavoc ERP/CRM (xEpan) (All Versions) on a computer or similar device. If you install Xavoc ERP/CRM (xEpan) (All Versions) onto a multi-user platform, server or network, each and every individual user of Xavoc ERP/CRM (xEpan) (All Versions) must be licensed separately.
You may make one copy of Xavoc ERP/CRM (xEpan) (All Versions) for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of Xavoc ERP/CRM (xEpan) (All Versions) . The assignment, sublicense, networking, sale, or distribution of copies of Xavoc ERP/CRM (xEpan) (All Versions) are strictly forbidden without the prior written consent of Xavoc Technocrats Pvt. Ltd.. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Xavoc ERP/CRM (xEpan) (All Versions). If any person other than yourself uses Xavoc ERP/CRM (xEpan) (All Versions) registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Xavoc ERP/CRM (xEpan) (All Versions). Nor can you create any derivative works or other works that are based upon or derived from Xavoc ERP/CRM (xEpan) (All Versions) in whole or in part.
Xavoc Technocrats Pvt. Ltd.'s name, logo and graphics file that represents Xavoc ERP/CRM (xEpan) (All Versions) shall not be used in any way to promote products developed with Xavoc ERP/CRM (xEpan) (All Versions) . Xavoc Technocrats Pvt. Ltd. retains sole and exclusive ownership of all right, title and interest in and to Xavoc ERP/CRM (xEpan) (All Versions) and all Intellectual Property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of Xavoc ERP/CRM (xEpan) (All Versions), products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Xavoc Technocrats Pvt. Ltd..
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend Xavoc Technocrats Pvt. Ltd. , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Xavoc Technocrats Pvt. Ltd.'s Software.
In no event (including, without limitation, in the event of negligence) will Xavoc Technocrats Pvt. Ltd. , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Xavoc ERP/CRM (xEpan) (All Versions) or the use or inability to use Xavoc ERP/CRM (xEpan) (All Versions) or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Xavoc Technocrats Pvt. Ltd.'s entire liability, without exception, is limited to try to solve any bug/problem arise to let you continue use of application but Xavoc Technocrats Pvt. Ltd. is not bounded in any time limit to solve such bugs. You are strongly said to use our trial on hosted service before proceeding use of this software and only proceed if you have checked all part and satisfied with what we have provided. For in-premises and VPS servers, installation will be done by encoded and encrypted software. User is sole responsible for its data and contents. For in-premises and VPS installation Xavoc Technocrats Pvt. Ltd. can never enter in your server without your permission hence there is no such privacy policy. Xavoc Technocrats Pvt. Ltd. never stores and/or passes your data outside your server unless specified by client to perform so.
Xavoc Technocrats Pvt. Ltd. provides some tools regarding data and communications, please consult and use those tools under your government laws. All privacy laws and other applicable laws must be taken care of before using those tools.
3.5 Warranties
Except as expressly stated in writing, Xavoc Technocrats Pvt. Ltd. makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This Agreement shall be governed by the law of the India applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of India therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
3.7 Termination
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Xavoc ERP/CRM (xEpan) (All Versions) and destroy all copies of Xavoc ERP/CRM (xEpan) (All Versions) supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY Xavoc ERP/CRM (xEpan) (All Versions) AS WELL.
5. CONSENT OF USE OF DATA
You agree that Xavoc Technocrats Pvt. Ltd. may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Xavoc ERP/CRM (xEpan) (All Versions).Xavoc Technocrats Pvt. Ltd. may also use this information to provide notices to you which may be of use or interest to you.