End User License Agreement
IMPORTANT: PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY. DOWNLOADING, INSTALLING OR USING any software that is product of Ninja Softs (PVT) LTD CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.
Ninja Softs is willing to license its software to you only upon the condition that you accept all of the terms contained in this license agreement. By downloading or installing the software, you are binding yourself and the business entity that you represent (collectively, ‘customer’) to this agreement. Purchase and use of our products indicate your acceptance of these terms and conditions. You acknowledge that you have read this License Agreement, have understood it, and agree to be bound by its terms.
Commercial License
For all its products, Ninja Softs grants you a non-exclusive, non-transferable, license. License includes user documentation that you have downloaded from our website, Youtube channel or received on media provided by Ninja Softs Technologies and all its national and international partners.
Your Information Collected for License
As part of the installation, registration and software usage process Ninja Softs will collect information like contact person, mobile number, mail address, business name & address. This information will be uploaded to Ninja Softs CRM (Customer Relationship Management) to serve you better. You agree to provide true, accurate, current and complete information to help Ninja Softs serve you better.
Ownership Rights
Ninja Softs (Pvt) Ltd owns and retains all copyrights, patents, trademarks and intellectual property rights to this software. Download &/or use of the software does not grant you any right to the intellectual property in the product. Ninja Softs Technologies expressly reserves all rights not granted to you herein, notwithstanding the right to discontinue or not to release any Licensed Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or characteristics of the Licensed Software. The Licensed Software is only licensed and not sold to you by Ninja Softs Technologies.
Restrictions
If you abide by this Agreement, Ninja Softs grants you a non-exclusive non-transferable license to use the software, and the use is subject to any specific software licensing information that is in the software product or it’s Supporting Material.
In addition to all other terms and conditions of this Agreement, you shall not
- Install one copy of the Licensed Software on more than one computer. (However, if your one license is for more than one computers, then you can install the License on number of computers for which the License is purchased)
- Remove any copyright, trademark or other proprietary notices from the Licensed Software or its copies;
- Make copies and distribute, resell or sublicense software to third parties.
- Download and use patches, enhancements, bug fixes, or similar updates unless you have a license to the underlying software.
- However, such license doesn’t automatically give you a right to receive such updates and Ninja Softs reserves the right to make such updates only available to customers with support and maintenance contracts.
- Copy software or make it available on a public or external distributed network.
- Modify, reverse engineer, disassemble, decrypt, decompile or make derivative works of software.
- Modify the help documentation in any manner.
- Permit anyone else from undertaking any of the above actions
Limitation of Liability.
Ninja Softs’s liability to you under this Agreement is limited to the license actually purchased by you for the relevant software.
Ninja Softs will not be liable for lost revenues or profits, downtime costs, loss or damage to data or indirect, special or consequential costs or damages. This provision does not limit either party’s liability for: unauthorized use of intellectual property, death or bodily injury caused by their negligence; acts of fraud; willful repudiation of the Agreement; or any liability that may not be excluded or limited by applicable law.
Ninja Softs is not responsible for claims resulting from any unauthorized use of the software.
Third Party Products
The Licensed Software may contain software which originated with third party vendors and without limiting the general applicability of the other provisions of this Agreement, you agree that (a) the title to any third party software incorporated in the Licensed Software shall remain with the third party which supplied the same; and (b) you will not distribute any such third party software available with the Licensed Software, unless the license terms of such third party software provide otherwise.
Ninja Softs Customer Support Services
Ninja Softs provides support that includes response to tickets raised through phone calls, live chats, emails, or whatsapp, email support for problem reporting, remote support for problem resolution, product updates, and online access to product documentation, self-help videos & tutorials. The type of the support service depends on the SLA which you sign up with Ninja Softs. To avail the Ninja Softs support Services, service level maintenance contract is mandatory. Release updates are included in the support contract. On request product Upgrade to the Licensed Software will be provided upon payment in accordance with Ninja Softs Technologies pricing policy.
Confidentiality
The Licensed Software contains proprietary information of Ninja Softs Technologies that are protected by the laws of Pakistan and you hereby agree to take all reasonable efforts to maintain the confidentiality of the Licensed Software. You agree to reasonably communicate the terms and conditions of this Agreement to those persons employed by you who come into contact with or access the Licensed Software, and to use reasonable efforts to ensure their compliance with such terms and conditions, including but not limited to, not knowingly permitting such persons to use any portion of the Licensed Software for a purpose that is not allowed under this Agreement.
Warranty Disclaimer
Ninja Softs does not warrant that the Licensed Software will be error-free. Except as provided herein, the Licensed Software is furnished “as is” without warranty of any kind, including the warranties of merchantability and fitness for a particular purpose and without warranty as to the performance or results you may obtain by using the Licensed Software. You are solely responsible for determining the appropriateness of using the Licensed Software and assume all risks associated with the use of it, including but not limited to the risks of program errors, damage to or loss of data, programs or equipment, and unavailability or interruption of operations. Because some jurisdictions do not allow for the exclusion or limitation of implied warranties, the above exclusions or limitations may not apply to you.
Termination
This Agreement is effective until terminated by either party. All provisions relating to confidentiality, proprietary rights, non-disclosure, and limitation of liability shall survive the termination of this Agreement.
