License Agreement

This is a legal agreement between yourself, the lawful purchaser of the software described hereunder, hereinafter referred to as the LICENSEE on the one part and DS Software Solutions, hereinafter referred to as the COMPANY on the other part. By installing the software described below, the Licensee agrees to be bound by the terms of this agreement. If you, the Licensee, do not agree to the terms of this agreement, promptly return the complete and undamaged software packet along with the accompanying items (including written materials, binders, brochures etc) to the place from where the software was purchased for a full refund of price paid.

GRANT OF LICENSE: The COMPANY grants to the LICENSEE a non exclusive right to use the accompanying software program, VISUAL CATPRO 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 Unlimited 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 LICENSE is granted only for the use of the LICENSEE. The LICENSEE shall not rent, lease, or otherwise transfer this SOFTWARE and the rights to use the SOFTWARE.

INTELLECLTUAL PROPERTY & COPYRIGHT: The SOFTWARE is owned by DS Software Solutions and is protected by Copyright Laws. Therefore, the Licensee must treat this SOFTWARE like any other copyrighted and intellectual property material (e.g. a book or musical recording). The Licensee shall not copy the SOFTWARE and/or written materials accompanying the SOFTWARE.

WARRANTY: There is a limited warranty from the Company that the 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 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. WARRANTY is void unless the purchase of the SOFTWARE is from authorized vendors in the geographical territory of the LICENSEE, or from the COMPANY. WARRANTY is applicable if, and only if, the licensee has completed the activation process.

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.

LICENSEE'S REMEDIES: The COMPANY and its suppliers' entire liability and Licensee's exclusive remedy shall be at the option of the COMPANY, either (a) refund 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 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.

All disputes between the parties connected with the terms of this agreement, or the use or inability to use the SOFTWARE or any other services of the COMPANY, related to the SOFTWARE, shall be subject to arbitration of a person to be appointed by the COMPANY, and the decision of the arbitrator will be binding on all parties as per applicable statutes. The arbitration proceedings shall be conducted in English and place of arbitration shall be Jalandhar (India). All proceedings shall be governed and construed in accordance with the laws prevailing in India and only competent courts within Jalandhar shall have jurisdiction to adjudicate the same.