Terms & Conditions
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING Focus ERP Modules hereinafter referred to as (“SOFTWARE”). INSTALLING THE SOFTWARE CONSTITUTES YOUR ASSENT AND ACCEPTANCE OF THIS TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ALL THE TERMS, YOU MUST RETURN THIS SOFTWARE WITHOUT INSTALLING, ALL MANUALS AND DOCUMENTION AND PROOF OF PAYMENT, TO THE PLACE YOU OBTAINED THEM FOR A FULL REFUND, WITHIN 7 DAYS AFTER FIRST ACQUIRING THE SOFTWARE.
1. GRANT OF LICENSE
DextServ Technologies Private Limited grants you the non- exclusive non-sublicensable right to use the SOFTWARE only in accordance with the documentation provided by DextServ Technologies Private Limited. You may install and use one copy of the SOFTWARE on a number of computers as mentioned in the Invoice within single organisation. You may not use it in more number of computers than that is mentioned above at the same time. As between you and DextServ Technologies Private Limited, DextServ Technologies Private Limited retains title to and ownership of all copyrights, patent rights, trademark rights and other proprietary rights with respect to the SOFTWARE and all copies thereof. The SOFTWARE is licensed not sold.
You may not copy the SOFTWARE, except as required to use the SOFTWARE, in accordance with this Terms and Conditions and except for one copy solely for back-up purpose. You may not (and shall not allow any third party to) (a) modify, or create a derivative work of the SOFTWARE, (b) rent, lease or use the SOFTWARE for service bureau or commercial purposes or transmit it over a network (c) reverse engineer, decompile, disassemble or otherwise attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming interfaces of the SOFTWARE, (d) the software is licensed to be used only in the designated location(s) as mentioned in the Registration Form or in the city in which the software is purchased. Using the software in other location(s) will attract additional charges as and when fixed by the company.
The licensing period for the use of this software is as mentioned in the Invoice from the date of Installation. However, the licensing period may be extended by paying the renewal amount as mentioned in the Invoice.
4. LIMITED WARRANTY AND DISCLAIMER
Subject to the conditions and limitations on liability in this Terms and Conditions, DextServ Technologies Private Limited warrants that the media containing the SOFTWARE will be free from Physical defects for a period of 7 days. The warranty covers only problems reported to DEXTSERV during the warranty period. ANY LIABILITY OF DEXTSERV TECHNOLOGIES PRIVATE LIMITED WITH RESPECT TO THE SOFTWARE UNDER ANY WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR, IF REPLACEMENT IS INADEQUATE. AS A REMEDY OR, IN DEXTSERV TECHNOLOGIES PRIVATE LIMITED’S OPINION, IMPRACTICAL, TO REFUND OF THE LICENSE FEE, EXCEPT FOR THE FOREGOING, THE SOFTWARE IS PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILTY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. DextServ Technologies Private Limited is not responsible for and will have no liability for SOFTWARE that has been misused, abused, damaged in transport, altered, or subjected to unauthorised repair.
5. LIMITATION OF REMEDIES AND DAMAGES
DEXTSERV TECHNOLOGIES PRIVATE LIMITED SHALL NOT BE RESPONSIBILE OR LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY; (a) FOR LOSS OR INACCURACY OF DATA, (b) FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, OR (c) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL.
6. NOTICE AS TO STATUTORY MATERIALS contained in the Focus ERP Modules
Every effort has been made to avoid errors or omission in this software. In spite of this, errors may creep in, any discrepancy noted may be brought to our notice which shall be taken care of the immediate updation. it is notified that neither the DextServ Technologies Private Limited nor the seller will be responsible for any damage or loss of action to any one, of any kind, in any manner therefrom. it is suggested that to avoid any doubt the user should cross check all the facts, law and contents of the software with original Government publications or notifications. All disputes are subject to Chennai Jurisdiction only.