IMPORTANT-READ CAREFULLY: This End User License Agreement (this "EULA") contains the terms and conditions regarding your use of the SOFTWARE (as defined below). This EULA contains material limitations to your rights in that regard. You should read this EULA carefully and treat it as valuable property.
This is a legal agreement between yourselves (an individual company, trust, government company, government department or any other legal entity), the purchaser of the software described hereunder, hereinafter referred to as the LICENSEE, on the one part, and Rance Computer Pvt. Ltd., hereinafter referred to as the COMPANY, on the other part. By installing the software described below, you are agreeing to be bound by the terms of this agreement. If you do not agree to all of these terms and conditions, then you must promptly return the software to the place of business from which you obtained it in accordance with any return policies of such place of business. Return policies may vary between or among resellers, and you must comply with your particular reseller's return policies as agreed at the point of purchase. In no any case Rance Computer Pvt. Ltd. is bound to return back the money you have paid at the point of purchase.
GRANT OF LICENSE: The COMPANY grants to the LICENSEE a non exclusive right to use one copy of the enclosed software program, FusionERP 8 hereinafter called the SOFTWARE. The SOFTWARE is in ‘use’ on a computer when it is loaded into temporary memory (that is RAM) or it is ‘installed’ into permanent memory (example, Hard Disk, CD-ROM Disk, or any other storage device on the computer). The SOFTWARE may be used on a single computer (for the Single User edition of the SOFTWARE) or on a Local Area Network (LAN) Server (for the Multi User Edition of the SOFTWARE) for use on any one or more nodes connected directly to the LAN server for simultaneous use by more than one user. This is the only situation under which more than one user can use the SOFTWARE simultaneously. The SOFTWARE may be freely moved from one computer to another belonging to the LICENSEE. The LICENSE is granted only for the use of the purchaser, who is the LICENSEE, and the LICENSEE shall not be allowed to use the SOFTWARE for the benefit of anyone other than the LICENSEE. The LICENSEE shall not rent, lease, or otherwise transfer this SOFTWARE and the rights to use the SOFTWARE to anyone.
COPYRIGHT: The SOFTWARE is owned by Rance Computer Pvt. Ltd. and is protected by Copyright Laws of India and International Treaty Provisions. Therefore you must treat this SOFTWARE like any other copyrighted material (e.g. a book or musical recording), except that you may (a) make ONE copy of the SOFTWARE solely for backup or archival purposes or (b) transfer the SOFTWARE to single hard disk, provided you keep the original solely for backup or archival purposes. You shall not copy the written materials accompanying the SOFTWARE.
LIMITED WARRANTY: The COMPANY warrants that (a) this SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of 90 (ninety) days from the date of purchase and that (b) the medium on which the SOFTWARE is supplied, will be free from defects in materials and workmanship under normal use and service for a period of 90 (ninety) days from the date of purchase. Any other implied warranties on the SOFTWARE are also limited to 90 (ninety) days. The LIMITED WARRANTY is void unless the purchase of the SOFTWARE is from a supplier authorised to supply the SOFTWARE in the geographical territory of the LICENSEE, or from the COMPANY.
CUSTOMER REMEDIES: The COMPANY and its suppliers’ entire liability and your exclusive remedy shall be at the option of the COMPANY, either (a) return of the price paid on the return of the SOFTWARE to the supplier and giving the proof of having uninstalled the activation license, or (b) repair or replacement of the SOFTWARE that does not meet LIMITED WARRANTY of the COMPANY, and which is returned to the supplier with a copy of the proof of purchase (such proof of purchase being either the original invoice or receipt of the supplier). The LIMITED WARRANTY is void if the failure of the SOFTWARE has resulted from virus, any other software or process on the computer of the LICENSEE, improper use, accident, theft, abuse or misapplication of the SOFTWARE. Any replaced SOFTWARE will be warranted for the remainder of the original warranty period or 30 (thirty) days whichever is longer.
NO OTHER WARRANTY: The COMPANY and all its suppliers disclaim all other warranties, whether expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with regard to the SOFTWARE and the accompanying written materials.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES: The COMPANY and its suppliers under no circumstances shall be liable for any damages whatsoever (including, without limitation, damages for loss of business profit, business interruption, loss of business information, or any other monetary or non-monetary loss) arising out of the use or the inability to use this SOFTWARE, even if the COMPANY has been advised of the possibility of such damages.
APPLICATION OF WARRANTY: The LIMITED WARRANTY is applicable if, and only if, the licensee has completed the activation process by logging in the serial number and the key for the software, and the registration information of the licensee has been received and acknowledged by the COMPANY. Otherwise the LIMITED WARRANTY shall not apply.
JURISDICTION: In the event of any dispute whatsoever arising between the parties in any way connected with the interpretation or implementation of any term of this agreement, or in any way connected with the use or inability to use the SOFTWARE or any other services of the COMPANY, connected with the SOFTWARE, the same shall be referred to the sole arbitration or a person to be appointed by the COMPANY, and the decision of the arbitrator will be final and binding on all parties. The arbitration proceedings shall always be held in the City of Kolkata, India. All disputes whatsoever that may arise shall be governed and construed in accordance with the laws prevailing in the City of Kolkata, India. Only competent courts within the City of Kolkata, India shall have jurisdiction in this regard.