By Client’s action of using WEBNOO Services, Client are agreeing to comply with all terms contained in this License. This is a legal agreement between Client (“Client”) and WEBNOO Technologies Pvt Ltd (“WEBNOO”). If Client do not agree to these terms, Client may not use the WEBNOO services or software in any way. If Client have already installed the software or used WEBNOO services, Client must uninstall WEBNOO software source code and destroy all copies of software source code in Client’s possession, including the alterations Client may have made to the Source Code package. Client must agree that any software, website, and app developed by WEBNOO for client Source Code package is licensed, not sold.
The Title, ownership rights and intellectual property rights in and to the Software shall remain with WEBNOO. Client agree to be bound by the Domestic and International Copyright Law and all other applicable laws of India including, but not limited to, export control laws.
Any IPR (including Source Code, Documentation, and Application Package) during the project is owned by the developer i.e., WEBNOO excluding the code structure provided by the client which is solely owned by the client, A copy of IPR entities of the same will be turned over to the Customer only on request by client at developer discretion at the conclusion of the project by Developer and after the fulfillment of all commercial obligations including but not limited to current project value and source code, documentations, etc. cost by the Customer. The developer is the sole owner of the developed software with full IPR excluding the source code provided by the client.
Client must not replace WEBNOO’s logos and links with Client’s own on both website and app developed by WEBNOO without a written consent. This license allows Client to make unlimited code modifications and use the Software on unlimited servers and applications within or outside Client’s organization and grants Client the right to rebrand/redistribute the Software freely as long as Client do so without directly competing with WEBNOO and continue to comply with all other provisions set forth herein.
The Redistribution License grants ROYALTY-FREE distribution rights. However, when distributing the Software, the individuals and organizations receiving the Software ARE NOT transferred distribution rights. The Recipient may use the Software within the Recipient’s organization but MAY NOT inherit your rights to resell or redistribute the Software. Instead, you must provide your own license to your customers who precludes them from redistributing and/or reselling the Software.
No trial package is available for the Source Code package. Therefore, the Source Code files cannot be sent before they are purchased. Since the free account offers all of the Software features, the Client has sufficient information to take a clear decision before purchasing a license of the Software.
Under no circumstances shall a refund be applied after the Source Code package is sent to the Client. Upon purchase, an email will be sent to the Client, containing a link to download Client’s installation files.
You cannot publicize, market, distribute purchased product via any online mediums like (Website, Social Media, Forums & Emails etc.) in such a way which can directly or indirectly decrease in sales of the WEBNOO. If there is any question whatsoever as to whether Client’s use of the Software would be deemed by WEBNOO as being in “Direct Competition” with its online sales of the Software, Client should contact WEBNOO immediately.
This license restricts selling, licensing, giving away, or otherwise distributing the source code for any of the scripts contained in “Software Product”, either in full or any sub-part thereof or any how modified. Nor may Client use this source code, in full or any sub-part thereof, as part of another program that Client either sell, license, give away, or otherwise distribute via any method.
All titles, copyrights, and other intellectual property rights in and to the SOFTWARE (including but not limited to any images, icons, buttons, artwork, design elements, photographs, animations, video, audio, text and “applets,” incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by WEBNOO. The product is licensed, not sold. Any infringement to this clause will void all warranties.
PROVIDES NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY DEVELOPER, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THIS SOURCE CODE PACKAGE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. DEVELOPER DOES NOT WARRANT THAT THE SOFTWARE WILL MEET CLIENT’S NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATIONS OF THE SOFTWARE WILL BE UNINTERRUPTED. DEVELOPER DOES NOT WARRANT THE ACCURACY OF THE REPORTS GENERATED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FROM THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS.
EXCEPT FOR THE LIMITED WARRANTY PROVIDED ABOVE, WEBNOO PROVIDES THE SOFTWARE “AS IS” AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, AND
OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE IS WITH CLIENT.
EXCLUSION OF ALL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WEBNOO BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF WEBNOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES SHALL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Without prejudice to any other rights, this license, including the warranties, will terminate automatically if Client fail to comply with any term hereof. No notice shall be required from Developer to effect such termination. On termination, Client must destroy all copies of the Software, App, Website source codes, including all of its component parts, and any alterations Client may have made. Client’s obligation to pay accrued charges and fees shall survive any termination of this Agreement.
This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable.
16) Governing Law.
This Agreement shall be governed by and interpreted and enforced in accordance with the laws of India, applicable therein without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in a court in New Delhi, India.