Accupoint IT Services Software License Agreement:
PLEASE READ: BY DOWNLOADING, USING OUR SOFTWARE, OR PURCHASING SERVICES RELATED TO THE SOFTWARE, YOU ACCEPT THE TERMS AND CONDITIONS STATED BELOW IN A LEGALLY BINDING MANNER.
f you are obtaining the software as defined below on behalf of a company, you represent that you are duly authorized to represent the company and accept the terms and conditions of the agreement on behalf of the company. A binding contract is then formed between Accupoint IT Services and the company in accordance with the terms of this agreement. You personally agree not to commit or encourage any violation of our agreement with the company.
If the company you represent or you (collectively “you”) do not agree to the terms and conditions of this agreement, do not download or install the software.
Proprietary Rights And Conditions:
All right, title and interest including, but not limited to, copyright and other intellectual property rights in and to the software (including but not limited to all html, asp, aspx, dll, graphic/image, and text files) are owned by Accupoint IT Services Such rights are protected by India copyright laws, other applicable copyright laws, and international treaty provisions. Accupoint IT Services retains all rights not expressly granted herein.
You may not redistribute, sell, decompile, reverse engineer, or disassemble the software (permission is granted to view/modify the source code contained within the “html”, “asp”, and “aspx” files only, for the purpose of enhancing or customizing the product). The software, including any modified or customized versions, cannot be resold, redistributed, or offered as a service without explicit written permission from Accupoint IT Services reserves the right to refuse permission to use this software product to any individual or company for any reason, and may do so without notice. You may not remove any copyright notices in any of the source code, such as those in asp/asp.net scripts, this includes any references to Accupoint IT Services.
Each copy of the software must have it’s own (separate) license and be registered with Accupoint IT Services You are not permitted to make copies of the software without first purchasing the appropriate additional licenses. Individual software licenses are only valid when registered to a domain/url. This license does not grant any reseller privileges.
Optional Server Licenses:
If a “server” license is purchased, the software is considered licensed only when it resides on the licensed server, which must be registered with Accupoint IT Services Each server license is issued to one (1) physical computer/server. Each server that contains the software, or any portion thereof, must have it’s own license. Server licenses are not equivalent to individual licenses, meaning the software must remain on the licensed server at all times. This license does not grant any reseller privileges.
Disclaimer of Warranties:
To the extent allowed by local law, this software is provided to you “as is” without warranties or conditions of any kind, whether oral or written, express or implied. Accupoint IT Services specifically disclaims any implied warranties or conditions of merchantability, satisfactory quality, non-infringement and fitness for a particular purpose.
Limitation of Liability:
Except to the extent prohibited by local law, in no event will Accupoint IT Services, or itâ€™s employees or officers be liable for direct, special, incidental, consequential or other damages (including lost profit, lost data, or downtime costs), arising out of the use, inability to use, or the results of use of the software, whether based in warranty, contract, tort or other legal theory, and whether or not advised of the possibility of such damages. Your use of the software is entirely at your own risk. Should the software prove defective, you assume the entire cost of all service, repair, or correction.
Software (including but not limited to all html, asp, aspx, graphic/image, and text files) that is not specifically referred to as “trial software”, or that includes the “source code”, cannot be returned for a refund. Should you experience a problem with any purchased software, Accupoint IT Services offers support services to assist with any technical issues. There are no refunds on installation services or any software that has been installed, downloaded, or emailed to you.
Accupoint IT Services will refund online software purchases in accordance with the following:
-No free demonstration of the software was available at the time of your purchase (products which offer free demonstration versions are not refundable).
-You contact us via email (support@Accupoint.com) within 10 days of your purchase.
-You can provide us with identifiable information from your order (including, but not limited to: order number and last 4 digits of credit card number used for purchase).
-Refunds are made only to the credit card which was used for the purchase.
-You destroy all copies of the software upon refund (note that some software reports it’s usage to the software publisher).
Some software and services purchased from Accupoint IT Services may include limited free support (technical support, re-downloads, and free updates may be limited to 1 year from date of original qualifying purchase). Unless stated otherwise, the free support is only available through our website/email. If you require more advanced technical support or require telephone assistance, additional consulting services or a support plan may be required. We reserve the right to change our support policy at anytime. To contact our support dept. for assistance, click on “Contact Us” and follow the links to “Technical Support”.
You must make every attempt to safeguard your data and other files during installation, when upgrading, or when installing an update. Accupoint IT Services does not assume responsibility for loss of data or any other losses that result from installation, upgrading, or updating of the software. Hard disks should be backed up on a regular basis and should always be backed up before you begin any installation tasks.
Optional Installation Service:
If you have purchased the optional installation service, Accupoint IT Services will install the software onto your web server. Our technicians will then test the online storefront and web admin. Installation includes basic configuration only, unless stated in writing prior to installation. We will not setup your items, categories, payment gateways, or any other elements. After we determine that the installation was successful, technical support is provided at the current technical support department hourly rate. By accepting our services, you acknowledge that Accupoint IT Services is not responsible for any web hosting monthly fees, setup fees, or any other fees associated with the use or installation of our software or scripts. While we will make every attempt to safeguard data during installation or service, we do not assume responsibility for loss of data. Hard disks and all data on your server should be backed up on a regular basis and should always be backed up before Accupoint IT Services is called for service or installation. We are not responsible for any loss of data.
Accupoint IT Services neither assumes nor accepts any liability for any loss, damage, theft, misuse, malfunction, etc. of your hardware or data or anything else that you may own regardless of the cause or reason for any such misfortune. Accupoint IT Services, itâ€™s officers, and employees will not be liable for lost profits, loss of business or other consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party . These policies, terms, and conditions may be subject to change without notice.