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EULA


End User License Agreement

This End User License Agreement ("EULA") is a legal agreement between you or a company or other legal entity ("You" or "Your") and SoftConnectivity (the "Licensor"). This EULA agreement governs Your acquisition and install and/or use of our ERP Software ("Software"), database, associated security certificate(s) & libraries, images & logo(s) and/or any kind of data associated to Licensor and/or its Software in any form i.e, screenshots, print outs, CD/DVD/BlueRay and/or any other storage media records, backups, documents etc. ("Content") directly from the Licensor or indirectly through a Licensor's authorized reseller or distributor (a "Reseller"). This EULA is subject to change without any prior notice, and the current terms of the Software's license/subscription ("License") are those published herewith. This EULA supercedes and replaces any prior proposal, representation, or undertaking You may have had with the Licensor relating to Software and/or Content. You also agree to all the terms stated on Terms & Conditions, Terms of Service, Terms of Use, Disclaimer and order summary and/or invoice that is/are sent to You via email, post, fax and/or given on hand.
Please read this EULA agreement carefully before completing the installation process and/or using the Software and/or Content. It provides a License to install and/or use the Software and/or Content and contains warranty information and liability disclaimers. Software and Content are Licensed, not sold, to You.
If You are entering into this EULA agreement as an individual and You do not agree with the terms and conditions of this EULA agreement, do not install and/or use the Software and/or Content, and You must not accept this EULA agreement.
If You are entering into this EULA agreement on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to these terms and conditions. If You do not have such authority or if You do not agree with the terms and conditions of this EULA agreement, do not install and/or use the Software and/or Content, and You must not accept this EULA agreement.
This EULA agreement shall apply only to the Software and Content provided by Licensor or Reseller herewith regardless of whether other software is referred to or described herein. The terms also apply to any Licensor's updates, supplements, internet-based services, and support services for the Software and/or Content, unless other terms accompany those items on delivery. If so, those terms apply.

License Grant

Subject to the terms of this EULA, You have a License as follows:
  • (i). Packaged: A non-exclusive, non-assignable, non-transferable limited time License agreed between You and Licensor; and/or
  • (ii). Cloud: A non-exclusive, non-assignable, non-transferable limited time License agreed between You and Licensor.

Packaged license grants the end user or entity to install Software and/or Content in its local environment/machine(s). Whereas, Cloud license grants the access to end user or entity to use Software and/or Content hosted on Microsoft Azure servers provided by Licensor via website and/or remote procedure call.
You are permitted to load the Software and/or Content only on 1 physical computer or virtual machine or device (that may install and/or use our Software and/or Content) (the "Hardware") per user for each License in Your possession. The Software and/or Content is considered loaded, when the Software and/or Content is loaded into a temporary memory (i.e., RAM) or installed into the permanent memory (i.e., hard drive, or other storage devices) of that hardware. You are responsible for ensuring Your device meets the minimum requirements of the Software and/or Content.

License Expired

If the License(s) is/are not renewed by customer by the renewal date/mutually agreed date of use, the customer is immediately required to stop all operations on Software, uninstall/remove and/or shred Software and/or Content from all hardwares, online storage accounts, storage media records, and/or email accounts of his/her possession.

Limitation Of Use

You are not directly or indirectly permitted to:
  • (a). Edit, modify, translate, decompile, disassemble, reverse engineer the Software and/or Content or otherwise change the whole or any part of the Software and/or Content, nor permit the whole or any part of the Software and/or Content to be combined with or become incorporated in any other software, or otherwise attempt to discover the source code or underlying ideas or algorithms of the Software and/or Content (where applicable) or attempt to do any such things.
  • (b). Reproduce, copy, distribute, resell the Software and/or Content for any purpose.
  • (c). Allow any third party to use the Software and/or Content on behalf of or for the benefit of any third party.
  • (d). Use the Software and/or Content in any way which breaches any applicable local, national or international law.
  • (e). Use the Software and/or Content for any purpose that Licensor considers is a breach of this EULA agreement.
  • (f). Host Software and/or Content and/or Software virtualization.
  • (g). Share Software over any local, protected or public network.
  • (h). Share Content over any public network or network that does not belong to You.

Internet Connectivity

Internet connection is required for the user's License verification and/or other services i.e., email, fax, currency conversion etc. Everytime the user launches the Software, some necessary user License details are verified from our server. After launching the Software if You do not require to use internet related service(s) in our Software, You may disconnect from the internet.

Internet Disconnectivity City/Countrywide

You must be notified prior to internet disconnectivity via news channels, news papers, ISP etc. You may email us about the internet downtime with from and to dates, we will skip the License verification for that period.
Note: This kind of situation arise one-time in number of year(s) for not more than 15 days. If we found any miscommunication and our other customer(s) in Your city/country denies the internet disconnectivity, this will be considered our terms breach.

Payment

In consideration of the License granted under "License Grant" clause, You shall pay Licensor a fee, via Bank Transfer, Check, Pay Order, Demand Draft, or Credit/Debit Card. Failure to perform payment shall construe as material breach of this EULA Agreement.

Software & Content Installation Or Implementation

Start of Software and/or Content installation or implementation process depends on the following payment procedures:
  • 1. For the payments made through bank transfer, check(s), pay order(s), and/or demand draft(s), Software and/or Content installation or implementation process will be started after payment is transferred to Licensor's bank account.
  • 2. For the payments made through credit card(s), Software and/or Content installation or implementation process will be started after payment is settled into to Licensor's bank account.

System Requirement

In order to run Software smoothly on Your local environment, we recommend you to meet our Recommended Specifications.

Minimum Requirement
Processor:
1.0 Ghz
RAM:
2 GB
Hard Drive:
5 GB free space
Screen Resolution:
1366x768
LAN Speed:
100 Mbps
Operating System:
Windows 7 with latest service pack
Recommended Requirement
Processor:
2.0 Ghz
RAM:
4 GB
Hard Drive:
20 GB free space
Screen Resolution:
1366x768 or above
LAN Speed:
1 Gbps
Operating System:
Windows 10

Software Prerequisite:
.NET Framework 4.6.1

You must acknowledge the followings;
  • (a). Above defined system requirements are only specified for end users' machine(s) that do(es) not host the database itself/themselves.
  • (b). Server(s) requirement may vary company to company. We will let you know after analyzing network architecture, number of end users' usage and other requirements.
  • (c). You may need to upgrade/purchase the server machine(s) time-to-time to meet the Your increasing requirements and/or to balancing load on server machine(s).
  • (d). Cloud License(s) holders may need to upgrade/rent more server machine(s) time-to-time to meet their increasing requirements and/or to balancing load on server machine(s).

Support And Services

Software is provided with limited support and services that are additionally payable, see additional cost section in Pricing.
  • (a). Bug Notification: You may provide Licensor of details regarding any bug, defect or failure in the Software promptly and with no delay from such event; You shall comply with Licensor's request for information regarding bugs, defects or failures and furnish him with information, screenshots and try to reproduce such bugs, defects or failures.
  • (b). Feature Request: You may request additional features in Software, provided, however, that:
    (i) You shall waive any claim or right of Your idea(s), thought(s), or invention(s) of such feature(s) that is/are directed to Licensor to develop in the Software;
    (ii) You shall be prohibited from developing the feature, or disclose such feature request, or feature, to any third party directly or indirectly competing with Licensor or any third party which may be, following the development of such feature, in direct competition with Licensor;
    (iii) You warrants that feature does not infringe any third party patent, trademark, trade-secret or any other intellectual property right; and
    (iv) You developed, envisioned or created the feature solely by Yourself.
  • (c). Setup Fee
  • (d). Data Migration
  • (e). End User Training & Certification
  • (f). Software Update
  • (g). Software Maintenance Service Staff

Third Party Software & Liability

You acknowledge that the Software Licensed hereunder works with third party software ("3P Software") that is licensed pursuant to its own terms and conditions, and applicable fee(s) by its third party licensor ("3P Licensor"). Nothingwithstanding anthing else to the contrary in this agreement, to the maximum extent permitted by applicable laws, 3P Software is provided by 3P Licensor under "AS IS" basis and any express or implied warranties, of any kind or nature, including, but not limited to, the implied warranties of merchantability, performance or fitness for a particular purpose are disclaimed. To the maximum extent permitted by applicable law, in no event the 3P Licensor shall never, and without any limit, be liable for any damage, cost, expense or any other payment incurred by You and/or Your affiliate(s) as a result of 3P Software's actions, failure, bugs, errors and/or any other interaction between the 3P Software and Your end-equipment(s), computer(s), service(s) and/or other software(s) or any third party's end-equipment(s), computer(s), service(s) and/or other software(s).

Liability

To the extent permitted under Law, the Software is provided under an "AS IS" basis. Licensor shall never, and without any limit, be liable for any damage, losses, liability cost, expense (including but not limited to attorney's fees) or any other payment incurred by You as a result of Software's actions, failure, bugs, errors, and/or any other interaction between the Software and Your end-equipment(s), computer(s), service(s), and/or other software(s) or any third party's end-equipment(s), computer(s), service(s) and/or other software(s). Moreover, Licensor shall never be liable for any defect in source code written by You either in the breach of this EULA agreement or that is permitted to You.

Intellectual Property And Ownership

Licensor shall at all times retain ownership of the Software and/or Content as originally downloaded by You or DVDs provided to You and all subsequent downloads and/or updates of the Software and/or Content by You or provided to You. The Software and/or Content (and the copyright, and other intellectual property rights of whatever nature in the Software and/or Content, including any modifications made thereto) are and shall remain the property of Licensor. All other marks are the property of their respective owners.
Licensor reserves the right to grant Licence(s) to use the Software and/or Content to third parties.

No Warranty

The Software and/or Content is provided under "AS IS" basis, without any warranty; Licensor hereby disclaims any warranty that The Software and/or Content shall be error free, without defects or code which may cause damage to Your hardware(s) or to You, and that Software and/or Content shall be functional. You shall be solely liable to any damage, defect or loss incurred as a result of operating Software and/or Content and undertake the risks contained in running Software and/or Content on Your hardware(s).

Prior Inspection

You hereby states that You inspected the Software thoroughly and found it satisfactory and adequate to Your needs, that it does not interfere with Your regular operations and that it does meet the standards and scope of Your computer systems and architecture. You found that the Software interacts with Your development and server environment and that it does not infringe any of End User License Agreement of any software You may use in performing Your services. You hereby waives any claims regarding the Software's incompatibility, performance, results and features, and warrants that You inspected the Software.

No Refund

You warrant that You inspected the Software according to "Prior Inspection" clause and that it is adequate to Your needs. Accordingly, as the Software is intangible goods, You shall never be, ever, entitled to any refund, rebate, compensation or restitution for any reason whatsoever, even if the Software contains material flaws.

Use of Data

Licensor stores Your order detail, contact information, users' information and IP address for the License verification purpose and logs the user login activity. Licensor reserves the right to use Your name and logo to present You as a customer in Licensor's website and other social media advertising or marketing promotions that Licensor makes/publishes from time to time.

Indemnification

You hereby warrant to hold Licensor harmless and indemnify Licensor for any lawsuit brought against it in regards to Your use of the Software and/or Content in means that violate, breach or otherwise circumvent this License, Licensor's intellectual property rights, Licensor's title in the Software, or any third party rights. Licensor shall promptly notify You in case of such legal action and request Your consent prior to any settlement in relation to such lawsuit or claim.

Termination

This EULA agreement is effective from the date You first install and/or use the Software and/or Content and shall continue until terminated. You may terminate it at any time upon written notice to Licensor.
It will also terminate immediately if You fail to comply with any term of this EULA agreement. Upon such termination, the License(s) granted by this EULA agreement will immediately terminate and You agree to stop all access and use of the Software and/or Content. The provisions that by their nature continue and will survive after any termination of this EULA agreement.

UPON BREACH, EULA REJECTION, OR TERMINATION

The customer is immediately required to stop all operations on Software, uninstall/remove and/or shred Software and/or Content from all hardwares and/or online storage accounts and/or email accounts of his/her possession.

Law And Jurisdiction

This EULA agreement, and any dispute arising out of or in connection with this EULA agreement and the interpretation of its terms shall be governed by and construed exclusively under and pursuant to the laws of Pakistan and subject to the exclusive jurisdiction of the federal and provincial courts located in Karachi, Sindh, Pakistan. You and/or Your affiliates is/are solely responsible for attorney fee and/or other applicable fee.

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SoftConnectivity® is a software company that provides industry standard business applications and is working on research & development programs. Our strong emphasis on clients need that not only cater to their current requirements but are also designed to cater future enhancement.

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Gulshan-e-Iqbal, Karachi, Pakistan

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