END USER LICENSE AGREEMENT

This End User License Agreement (“Agreement”) shall be considered a legally binding agreement between You, as either an individual or an Entity and Shweta Softwares (hereinafter referred as “the company”) having its registered office at Office No. 105, Plot No. 575, Sai Kripa Complex, Police Station Road, Gandhidham-370201 its subsidiaries and/or affiliates for the use of the Product (as defined below).

It is mandatory for you to read the terms and conditions of this Agreement carefully before downloading, installing, obtaining a license, or otherwise accessing or using Product (as defined below).

By clicking on the “I AGREE” or similar button while installing, downloading, copying or using the Product (“I Agree Button”), You are agreeing to be legally bound by the herein contained terms of this Agreement. If You do not agree to all or any of the terms and conditions of this Agreement, immediately click on the “I DO NOT AGREE” or similar button, terminate the downloading and/or installation process, immediately cease and refrain from accessing or using the Product, delete any copies of the Product You may have, return the Product, installation media, accompanying documentation and sales receipt to the company.

The Product is only licensed to you under this Agreement and not sold to you. By downloading, installing, obtaining a license, or otherwise accessing or using the Product by clicking on I agree button, You acknowledge that You have read this Agreement, that You understand it, and that You accept and agree to be bound by its terms. If You are accepting this Agreement on behalf of a company, organization, educational institution, or agency, instrumentality or department of a government (“Entity”) as its authorized legal representative, then You represent and warrant that You have the power and authority to bind such Entity to these terms, and references to “You” herein refer to both You, the individual end user, and the Entity on whose behalf You are accepting this Agreement.

  1. PRODUCT/SOFTWARE
    1. As used in this Agreement the term “Product” means: (i) the “udiMagic” software and the components thereof, which may include software modules, including but not limited to required drivers, being licensed to You.
    2. Any related explanatory written materials, any description of the Product properties or operation, any description of the operating environment in which the Product is used, instructions for use or installation of the Product or any description of how to use the Product (“Documentation”).
  2. LICENSE
    1. You shall be responsible for securing and maintaining your user id and password. You agree and acknowledge that you will not disclose your login details, including but not limited to your password to any third party and that you, alone, shall be responsible for any activity or action from your account on product, whether such activity or action has been The Companyized by You or not.
  3. UDPATES
    1. The company may provide You with upgrades or update to this Product during the Term. To receive and use an upgrade or update, you agree to the company’s standard terms and conditions governing the use of that upgrade or update. If no such standard terms and conditions are stated by the company, the terms and conditions of this Agreement shall apply and the said upgrade or update shall be deemed Product.
    2. The company may, at any time, at its discretion, cease making available the updates and internet-based services used with the Product. The company may modify or discontinue, temporarily or permanently, the Product or its updates, with or without notice. You agree that the company shall not be liable to you or anyone else in such a case. After expiry of the Term, You will not be entitled to receive update/upgrade services with respect to such expired Product License or any other services offered by the company as per this Agreement.
  4. COPYRIGHT PROTECTION
    1. The Software is copyrighted computer program. It is protected by the Indian copyright laws. You may not make any changes or modifications to udiMagic software. You may not decompile, disassemble, or otherwise reverse-engineer the software in any way. You may make ONE copy of the software only for backup purpose.
    2. You agree to comply with the instructions of the other regarding the use of The Company’s marks, including promotional material, if any, with The company’s trademarks and copyrights.
    3. This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit.
    4. Unauthorized duplication, alteration or distribution of the Product, or any portion of it, may result in severe civil or criminal penalties, and shall be prosecuted to the maximum extent possible under all applicable laws in India.
  5. LIMITED WARRANTY
    1. The Company does not warrant that the licensed software will meet your requirements or that the operation of the software will be uninterrupted or error free. The warranty does not cover any media or documentation which has been subjected to damage or abuse by you or others.
    2. The software warranty does not cover any copy of the licensed software which has been altered or changed in any way.
    3. In no event will the Company be liable to you for any special, incidental, indirect, consequential or any other damages caused by the use, misuse, or the inability to use of the Software, including any lost profits or lost savings, even if The Company has been advised of the possibility of such damages.
    4. Any liability of the Company will be Limited exclusively to product replacement or refund of the product purchase price. In no event shall the Company be liable for any damages whosoever (including without limitation, Damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising our of the use or inability to use this product.
  6. SERVICE SUPPORT
    1. The Assistance Services shall be rendered through internet by accessing your computer on remote basis. After expiry of the Term, You will not be entitled to receive any Assistance Services.
  7. LICENSE FEES
    1. The License Fees and the Renewal Fees shall be subject to change from time to time at the sole discretion of the company without any prior intimation.
    2. You fully understand that the License Fees/ Renewal Fee paid by you is paid in consideration of granting a license under this Agreement and therefore, once License Fees/ Renewal Fee payment is made by you to the company, you shall have no recourse for receiving a refund of any part of the said License Fees/ Renewal Fee for any reason whatsoever, including but not limited to Product being non-functional due to change in configuration in Tally.
    3. In the cases wherein you have purchased multiple packages from our Company and have used multiple products of our Company on your computer but have not paid for one or more of the products and made a commitment to pay within agreed period either verbally or in writing. Company remains the right to suspend other services until you clear all your dues.
  8. WARRANTIES & LIABILITIES
    1. You agree that The company has made no express warranties, oral or written, to You regarding the Product and Documentation and that the Product (including the updates) and the Documentation are licensed to You “as is” without warranty of any kind.
    2. You assume responsibility for selecting the Product to achieve Your intended results and for the results obtained from Your use of the Product. You shall bear the entire risk as to the quality and the performance of the Product.
    3. You use this Product solely at Your own risk. In no event shall the company, its officers, directors, employees or staff be liable to you or any party related to you for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to damages for loss of business profits, business interruption, loss of business information, loss of data, loss due to delay caused in submitting the forms through the Product because of poor internet connectivity, procedural changes made by the government or any other reason whatsoever or other such pecuniary loss arising out of use of the Product, including but not limited to processing of data, or corruption of data in Product or any third party software, whether or not foreseeable, even if The company has been advised of the possibility of such damages.
  9. PRIVACY POLICY AND DISCLOSURE
    1. Except to the extent prohibited by applicable law, the company shall be entitled to disclose and share the primary data received from you, such as name, address, contact details with the subsidiary, parent and/or sister concerns of the company. the company may also disclose and share, limited information with third parties for the purposes deemed fit at the sole discretion of the company, including but not limited for enabling sending of promotional messages, emails in relation to the product or other products which the company may issue from time to time.
  10. AMENDMENT
    1. The company reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement on the Website provided that disputes arising hereunder will be resolved in accordance with the terms of the Agreement in effect at the time the said dispute arose. We encourage You to review the published Agreement from time to time to make Yourself aware of changes. Material changes to these terms will be effective upon the earlier of (a) Your first use of the Product with actual knowledge of such change; or (b) thirty (30) days from publishing the amended Agreement on the Website. If there is a conflict between this Agreement and the most current version of this Agreement, posted on the Website, the most current version will prevail. Your use of the Product after the amended Agreement becomes effective, constitutes Your acceptance of the amended Agreement. If you do not accept amendments made to this Agreement, then it is Your responsibility to terminate this Agreement by providing written notice of Your decision to terminate the Agreement to The company and consequences of termination as mentioned in Clause 11 of this Agreement shall prevail.
  11. MISCELLANEOUS
    1. Governing Law : This Agreement shall be governed by and construed and enforced in accordance with the laws of India. This Agreement shall be subject to exclusive jurisdiction of Courts at Gandhidham, India.
    2. Arbitration: In the event of any disputes, differences or claims arising between the company and You (collectively referred to as the “Parties”) in connection with this Agreement or the construction or the interpretation of any of the clauses hereof or anything done or omitted to be done pursuant hereto, the Parties shall first Endeavour to amicably settle such disputes, differences or claims, failing which the same shall be referred to a sole arbitrator jointly appointed by the Parties. The arbitration proceedings shall be held in Gandhidham, and conducted in English language and the arbitration will be subject to and governed by the provisions of the Arbitration and Conciliation Act, 1996 or such other competent law for the time being in force. The cost of the arbitration proceedings shall be borne by the Parties equally. The decision of the sole arbitrator shall be final and binding upon the Parties.
    3. Entire Agreement: The Agreement constitutes the entire agreement between the company and you with respect to your access to or use of the Product and supersedes any prior agreements, whether written or oral, and all other communications, between You and The company on such subject matter.
    4. Severability: If any of the provisions of this Agreement become invalid, illegal or unenforceable in any respect under any applicable laws, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired in any way.
    5. Waiver: Any failure by the company to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver of that provision or right. Any waiver, supplementation, modification, or amendment to any provision of this Agreement, shall only be effective when done so in writing and signed off by the Parties.
    6. Feedback: You have no obligation to provide the company with ideas, suggestions or proposals or feedback. However, if you submit feedback/suggestions to the company, The Company may use it for improvising its product or for any other purpose without payment of charges/fee to you.