Notice: All the terms and conditions of this latest agreement shall be fully applicable.
Terms & Conditions
Please find the terms and conditions below. All the terms and conditions mentioned/listed below are fully applicable.
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This is a license agreement between You (referred also as “you”, “your”,”Your”, “client", ‘YOU”, ‘YOUR”, and/or “CLIENT” hereinafter) and Nesote Technologies Private Limited (referred also as “us”, “we”,”We”, “our” , “Company”,“Nesote”, “US”, “WE”, “OUR” , “COMPANY”, and/or “NESOTE” hereinafter).
By using our website (www.queryscripts.com, www.nesote.com or any of its subdomains and/or parent domains), by creating a user account in www.queryscripts.com, by buying/purchasing license, copying, downloading, upgrading, deploying, installing, running, and/or using any of our application/product/software (also known as ‘script’, referred as “software” and/or “script” herein) we are licensing from/through (or we have listed in and/or made available from) any of these websites mentioned above or licensing through (or offered/provided by) an authorized employee of the Company, and/or by accepting/availing/receiving/ordering any service(s) from us, you are agreeing to all the following terms [The term ‘script’ and/or ‘software’ shall/will also mean any application(s)/script(s)/software/customization(s) listed/available in www.queryscripts.com (and/or any application(s)/script(s)/software/customization(s) listed/available in the internet domain queryscripts.com, and/or any application(s)/script(s)/software/customization(s) connected/related to any application(s)/script(s)/software/customization(s) listed/available in www.queryscripts.com and/or listed/available in the internet domain queryscripts.com) that is/are licensed(or being/getting licensed) to you by Nesote subject to the terms of this agreement. The term ‘script’ and/or ‘software’ shall/will also mean the 'web application(s)’/'mobile application(s)'/'software application(s)'/script(s)/addon(s)/customization(s)/custom application(s)/file(s)/code/document(s)/code library/software application(s)/plugin(s)/'design package(s)' which is/are licensed (or being/getting licensed) to you by Nesote under the terms and conditions of this agreement. The term ‘script’ and/or ‘software’ shall/will also mean the 'web application(s)’/'mobile application(s)'/'software application(s)'/script(s)/addon(s)/code/file(s)/customization(s)/custom application(s)/code library/deliverable(s)/file(s)/code/document(s)/design(s)/component(s)/software application(s)/document(s) /plugin(s)/'design package(s)’ (which is/are created/pre-created/developed/pre-developed/designed/pre-designed/authored/pre-authored by us) provided (or being provided) to you (if provided or being provided to you) by us as a part of providing any service to you by us]. Do not purchase a license,copy, download, deploy, install, run, upgrade or use the software, if any of these terms are not acceptable for you. You are neither allowed to keep/use the script nor you are licensed to use the script, if any of the terms are not acceptable for you. You also agree that by buying/purchasing anything from our website(s) (or from us), you are agreeing to the terms and conditions of this agreement.
You agree that any/all 'web application(s)’/'mobile application(s)'/'software application(s)'/script(s)/addon(s)/customization(s)/custom application(s)/code library/software application(s)/plugin(s)/'design package(s)' listed/available in www.queryscripts.com (and/or in the internet domain queryscripts.com) and/or developed/created (or planned to be created/developed) in connection/related to any script(s)/software application(s) listed/available in www.queryscripts.com (and/or in the internet domain queryscripts.com), irrespective of whether it/they is/are fully developed or not (and/or currently under development or not), will/shall be licensed/provided/delivered to you by us (if licensed/provided/delivered to you by us, and if you buy a valid license of the respective software/script(s)/application(s)/customization(s) from us) only under the terms and conditions of this agreement. You agree that any service/software/script licensed/provided to you (if licensed/provided to you) by/from/though www.queryscripts.com (and/or by/from/through the internet domain queryscripts.com) and/or any service/software/script licensed/provided (if licensed/provided to you) by us in connection with any software/service provided/available by/from/through www.queryscripts.com (and/or by/from/through the internet domain queryscripts.com) will be governed by the terms and conditions of this agreement. Any customizations/modifications/changes/bug-fixes/deliverables/service(s) done/performed/provided by us in connection with any software/script(s)/application(s)/service(s) provided/available by/from www.queryscripts.com (and/or by/from the internet domain queryscripts.com) will be governed by the terms and conditions of this agreement.
Any service(s) provided (or being provided) by us to you under this agreement (or mentioned by us to be provided under this agreement) and/or any license(s) issued/provided (or being issued/provided) to you by us under this agreement (or mentioned by us to be provided under this agreement), is/are governed by the terms and conditions of this agreement.
You agree to be fully bound by the terms and conditions of this agreement for your purchase/buying of anything from/though the website www.queryscripts.com (or from/through the internet domain queryscripts.com). You agree to be fully bound by the terms and conditions of this agreement for your purchase/buying of anything that is listed/available in the website www.queryscripts.com (or listed/available in the internet domain queryscripts.com). You also agree to be fully bound by the terms and conditions of this agreement, for your purchase/buying of anything, from us, related to (or in connection with) any script/software/service available from or listed in the website www.queryscripts.com (or the internet domain queryscripts.com).
Any software/script/deliverable and/or services (services including but not limited to any development/deployment/consultancy services, custom application development service(s), support services and any other services) provided by us which is/are not relatable/connectable to any product/service provided by (or available in/from) www.queryscripts.com will/shall be licensed/governed by the terms and conditions of this agreement unless a separate agreement in that regard is clearly (and manually) executed between you and Nesote and/or a separate agreement in that regard is clearly specified by Nesote.
By accepting this agreement, by accepting any offer/proposal from us, by using our website(s) (www.queryscripts.com, www.nesote.com and/or any of its subdomains and/or parent domains), by creating a user account (or logging into the user account) in the website www.queryscripts.com, by purchasing license of any of the software/script/application, by sending us a full/partial payment for availing/receiving/accepting any service(s) from us and/or for buying license of any of the software/script, by installing/upgrading/using any of the software/script/application, by ordering/buying/purchasing anything from/through (or listed/available in) our website www.queryscripts.com (or from/through [or listed/available in] the internet domain queryscripts.com), by ordering/buying/purchasing anything from us related to (or in connection with) any script/software/service available from or listed in our website www.queryscripts.com (or the internet domain queryscripts.com), by accessing/reviewing/testing/evaluating any demo of our script(s)/sofware/service(s), by purchasing/accepting/receiving any license(s) of any script(s)/software from us, by accepting/availing/receiving/deploying/downloading/installing/using/requesting any service(s) product(s)/script(s)/software from us, by paying us for buying/purchasing any service(s) or license(s) of any script(s)/software from us, by requesting/asking us for (and/or availing/facilitating/accepting/receiving from us) any change(s)/modification(s)/enhancement(s)/updation(s)/upgradation(s)/fix(es) on/for any service(s) availed/received/provided by/from us, and/or by requesting/asking us for (or availing/facilitating/accepting/receiving from us) any change(s)/modification(s)/enhancement(s)/updation(s)/upgradation(s)/fix(es) on/for any script(s)/software/product(s)/file(s)/program(s)/application(s)/package(s)/code/file(s)/design(s) licensed/received/provided by/from us, you are agreeing to to this agreement and you are agreeing to all the terms and conditions of this agreement, and you consent to the transmission of certain information during installation and/or during your use of the script/software for the purpose of validating your license and/or for identifying/analyzing the version or ’technical support eligibility status’ of any script/software. If you do not accept and comply with these terms, you shall not use the software/script(s) or its features. If you do not accept and comply with these terms, you shall not accept/avail/receive/order any service(s) from us.
1. License and Use Rights:
The software/script(s) is/are licensed, not sold. Under any circumstances, it won’t be considered that any software/script has been sold to you. You agree that any script, software, product, application, or program listed (or ever listed) or made available in/on the website www.queryscripts.com or in/on the internet domain queryscripts.com, will never be considered sold to you, under any circumstances. You agree that Nesote reserves all the intellectual property rights and ownership of the software/script(s). You agree that you can only buy the license(s) of the software/script(s) complying with all the terms and conditions of this agreement. Under this agreement, we grant you a non-exclusive, non-sublicensable and non-transferable right to install and run one instance of the software/script(s) on your one domain (the “licensed domain”), so long as you comply with all the terms of this agreement and you have paid the applicable license fee(s) of the specific software/scripts to Nesote. Updating or upgrading from non-genuine software with software of us does not make your original version or the updated/upgraded version genuine and in that situation you do not have a license to use the software. You are licensed to use a software/script only after we receive the license fee of such specific software/script from you, successfully and completely/fully. No license of the script shall/will be valid if the specified (specified by Nesote) license fee of the respective script is not fully paid by you to us. Under any circumstances if your payment gets reversed/cancelled/refunded, your corresponding license gets cancelled/revoked automatically.
You shall not sell/resell/license/sub-license/transfer any script(s) licensed (or any script license(s) acquired) from us, to a third party.
If you upgrade/downgrade to a different version or to a different edition of a script/software, any license and/or right (i.e, the right to run one instance of the script/software on the licensed domain complying with all the terms of this agreement) you may previously had for the corresponding script/software (for the previous version/edition prior to the upgrade/downgrade) will be cancelled automatically.
This license allows you to install the licensed script, only in ONE domain for which the license key is provided by us. If you want to install the script in more than one domain, you are required to obtain additional license(s) from us. You understand that some of the files/code in the software are encrypted. You shall not decrypt/reverse engineer any encrypted code in the software. You shall NOT remove, alter or obfuscate any instances of the script's name or copyright notices found in the administration (admin) area and PHP source files. Anyway, you are allowed to remove the copyright notice from the end user side of the website (ie. the homepage etc.), even though we reserve all the intellectual property rights of the software. The copyright and ownership of the software fully belong to Nesote, and you are only a licensee allowed to use the software so long as you comply with all the terms of this license agreement. We reserve the right to deny you licensing of any of the script(s)/software, in our sole discretion. Your license to use any of the script(s)/software starts only after the full payment of corresponding software's license fee is received by Nesote from you and a valid license key(which may be issued to you by us) is configured by you in the software. The licensing of any of the script(s)/software from a source other than directly from www.queryscripts.com(or through an authorized employee of Nesote) is invalid.
We may sometimes allow you to subscribe for a script license for a specific period (example, one month subscription for licensing a script) which will have an expiry at the end of subscription period. In such cases the license shall be expired at the end of the subscription period. Such licenses are not perpetual. Such licenses may be renewable for another subscription period paying the payment for subscription for such subscription period. Company reserves the right to not to renew the license of the script for you, if the Company decides not to renew the license for you. Company reserves the right to change the fee for license subscription, anytime, without giving you any notice.
2. Change of Domain Name:
Subject to the terms and conditions of this agreement, you shall install the licensed script only in one domain for which the license key is provided by us. If you want to move/transfer the script to a different domain, then you may place a request from the member area, which we may or may not approve. We reserve the right to deny your request/attempt to change the licensed domain, with/without revealing any reason(s). Nesote may, in its sole discretion, charge you a service fee to facilitate the change of the licensed domain.
3. Transfer/Change of Ownership of Domain:
If you run an online business based on our script, you may sell/transfer the domain to a third party subject to the terms and conditions mentioned herein. In that event, you may preinform us about the change in ownership of the domain and subsequently you shall place a license transfer request, which we may approve under our discretion. All the terms of this agreement will be applicable for the transferee/new owner as well. You shall duly inform him about the terms of the agreement and the buyer/transferee is supposed to follow all terms and conditions mentioned herein. In an event the transferee doesn’t follow any of the terms of this agreement, the license could be revoked without any notice, without having any kind of liability either on you or the transferee. Nesote may, in its sole discretion, charge you a service fee to facilitate this license transfer (transfer of your any existing license of any script licensed from us, to a different person/entity).
4. Technical Support:
You are entitled to receive free "basic technical support" for all the software license purchased from us upto a maximum period of 1 year from the date of purchase of license or a total of 12 hours of active support from the customer support staffs whichever comes early. The basic technical support will ONLY include One Time software installation and basic feature clarifications. Setting up of server, third party packages, third party add ons are NOT part of the technical support even though it may hinder the installation of our software in the server. The server environment where we intend to install the software should meet the basic system/third party utility/package/installation requirements that each of our software may require.
If you are subscribed to a license of a script only for a specific period under the terms of this agreement, the active support shall be provided to you only within the paid subscription period during which the license is active for you or upto a maximum period of one year within the active subscription period, whichever is lesser. The support shall be limited to maximum 4 hours of active support per month if you are within the paid subscription plan for availing license/support.
In Nesote’s sole discretion, you may be allowed to avail/receive extended support from us with/without charging you an additional payment/fee (monthly recurring fee, or one time payment as Nesote decide in Nesote’s sole discretion) for supporting you related to the script/software or related to the licensed domain or related to the installation environment of the script/software. Any (if any) customization/code-changes/bug-fixes done on the script/software or any code/deliverables provided to you by us as a part of such extended support (or any support related to the script/software) shall be so done/provided to you only under the terms and conditions of this agreement. All the terms and conditions of this agreement is applicable for you for availing/receiving any such extended support from us and/or for any (if any) customization/code-changes/bug-fixes done on the script/software or any code/deliverables provided to you by us as a part of such extended support (or any support related to the script/software).
5. No Illegal Use:
You shall not use any of our software to provide a service to a community/state and/or country where providing such a service is illegal and/or generally perceived illegal (based on such community’s/state’s and/or country’s laws, rules, regulations and/or other legal systems in place). We shall neither be responsible nor be liable for any kind of use of any of our software/scripts (including but not limited to any use of the software to provide any illegal service) by you, or caused by you deliberately, accidentally and/or by omission.
6. Access to Server for Technical Support Purpose:
To avail any kind of technical support, you must provide a web based proper access to your server with database access (if required). If we are not given proper access to your server, installation environment and the database, or if you have provided a not suitable server environment for the installation of the software, technical support given to you will be limited to feature clarifications only.
You shall NOT give us access to your installation environment, once the software is installed. In the event you want our staff to access your area, after installation, you agree to do that in your own risk and you hereby agree that you will NOT hold us liable for any kind of damages it (such access) may cause directly or indirectly to your server, data, files or installation environment. We highly recommend you NOT to give access to the installation environment to a third party (including our staffs) after installing the software. We are not liable for any damages or loss in violation to this clause.
Under any circumstances you shall not give/provide us any access/access-details to/of a third party’s hosting/server environment and/or database. You shall provide us any server/database access details only if you are fully authorized to provide/give us the server/database access.
7. Customisations or Modifications:
Any customisations and/or modifications/changes/bug-fixes you may request/ask us to do/execute/develop/perform on the script/software may/may not be performed/done/addressed/executed by us. If we do/work/address/perform/execute any (and/or all) such customization/modification/change/bug-fix (or if we provide you any customization/modification/change/bug-fix on the software/script) the updated/modified/customized/fixed script/software will be considered as a variant script/software of the existing script/software. All the terms and conditions of this agreement and the licensing terms shall be fully applicable for the updated/modified/customized/fixed script/software as well. You shall follow all the terms of this agreement, as far as the script/software, script/software variant and the area customized/modified/updated/fixed is concerned. Nesote reserves all the intellectual property rights (even if you are paying us a fee for performing/developing/doing the customisations and/or modifications/changes/bug-fixes) of the custom script/software made, the script/software and of the customization/modifications/bug-fixes, and you may use a licensed copy of the modified software (if so allowed by Nesote) in your licensed domain, with the terms exactly same as the terms of use of default form of the software. You shall not decrypt/reverse engineer the encrypted code in the software or updated script/software. You shall not cause the license validation to stop working.
8. Refunds:
You agree that no refunds will be issued/provided by us for any payment(s) made/sent by you to us.
We maintain demo services for many of our software/scripts as well as addons. Please try it out with the online demo links available on our website and make sure that the product fits your needs before placing your order to buy the license of the script/software. If you have any concerns, please take enough time testing the software demo (and/or a demo service, if available) and ask questions to our sales team online before you buy the license of the software.
All payments are final and no refunds will be issued once the payment is made.
9. Copyrights and other Intellectual Property Rights:
All our software/scripts listed and/or being sold on this website(www.queryscripts.com) and/or sold through an authorized employee of the Company are copyright protected software. Nesote owns the software/scripts. The intellectual property rights on/of the software/scripts are reserved to Nesote (Nesote Technologies Private Limited) only. You do not have any kind of intellectual property right(s) or any other right(s) on any of our software/script, under any circumstances. You are only allowed to use the software in the licensed domain as long as you maintain an active license with us for the specific software/script(s), complying with all the terms of this agreement.
Nesote reserves the ownership and intellectual property rights of any 'web application(s)’/'mobile application(s)'/'software application(s)'/script(s)/addon(s)/code/file(s)/document(s)/customization(s)/custom application(s)/code library/deliverable(s)/design(s)/component(s)/software application(s)/document(s)/plugin(s)/'design package(s)’ (which is/are developed/pre-developed/created/pre-created/authored/pre-authored/designed/pre-designed by us) provided (or being provided) to you by us as a part of providing any service to you (or as part of providing/deploying/developing/integration of any custom software application developed/created by us and/or provided to you) by us.
You do not have any rights on the software/customisations/bug-fixes/software-variants, under any circumstances. Nesote reserves the ownership and intellectual property rights of the software/script, customisations/modifications/bug-fixes/changes done by us on the software/script, and/or of the software variants. Nesote reserves the complete ownership and the entire intellectual property rights of any code/component/plugin/files developed by Nesote.
You agree that Nesote is the owner of the software/script. You agree that all the intellectual property rights of the software/script are reserved to Nesote only.
You understand and agree that some of the components used/included/integrated inside the script/software (or used/included/integrated in any customizations) may have been licensed to Nesote by the respective third party owner(s) of such component(s). You understand and agree that Nesote may, in Nesote’s discretion, use/integrate any third party owned code/libraries/frameworks/plugins/images/applications (and/or third party owned any other component[s]) licensed to Nesote (or usable by Nesote), in any software/script and/or customization(s)/bug-fix(es)/service(s)/deliverable(s) delivered/provided (if delivered/provided) or licensed to you by Nesote.
You understand and agree that you do not have any kind of intellectual property rights (or any other rights) on any of our software/script, under any circumstances. You are only allowed to use the software/script in the licensed domain as long as you maintain an active license with us for the specific software/script(s), complying with all the terms of this agreement.
10. DISCLAIMER:
THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. WE DISCLAIM ALL WARRANTIES RELATING TO THE SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER WE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE DEVELOPMENT, CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES/CLAIMS OR NOT. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. IN ANYWAY, WE ARE NEITHER LIABLE NOR RESPONSIBLE FOR SUCH DAMAGES.
WE DISCLAIM ALL WARRANTIES AND/OR GUARANTEES RELATING TO ANY SERVICE(S) PROVIDED BY US, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER WE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE PROVISION OF THE SERVICE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES/CLAIMS OR NOT.
11. Limitation of Liability:
WE WILL NOT BE LIABLE TO YOU (OR TO YOUR END CUSTOMER OR TO ANYONE) FOR ANY LOSS, DAMAGES, CLAIMS, OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, HACKING, SECURITY ISSUES, BUG/ERROR, PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF CARE, NEGLIGENCE FROM OUR SIDE, OR CLAIMS BY A THIRD PARTY, EVEN IF OUR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, COSTS, OR NOT.
NESOTE’S MAXIMUM AGGREGATE LIABILITY AND THAT OF NESOTE’S EMPLOYEES (AND THAT OF ANYONE CONNECTED WITH NESOTE), AFFILIATES, SUPPLIERS, AND CERTIFICATE AUTHORITIES, COMBINED, UNDER OR IN CONNECTION WITH THIS AGREEMENT AND/OR IN CONNECTION WITH ANY/ALL SOFTWARE LICENSED/PROVIDED/FACILITATED BY NESOTE TO YOU (AND/OR IN CONNECTION WITH ANY ENGAGEMENT BETWEEN YOU AND US) WILL NOT EXCEED THE LAST TRANSACTION (THE IMMEDIATE PAST ONE TRANSACTION) AMOUNT (OR THE LAST INSTALLMENT/SCHEDULE TRANSACTION [THE IMMEDIATE PAST ONE TRANSACTION] AMOUNT IN THE EVENT OF MULTI-SCHEDULED TRANSACTIONS) YOU HAVE PAID TO NESOTE FOR THE LICENSE OF THE LICENSED SOFTWARE (OR FOR ANYTHING IN CONNECTION WITH THE LICENSED SOFTWARE). THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT.
ANYWAY IF THE LAST TRANSACTION (THE IMMEDIATE PAST ONE TRANSACTION) AMOUNT (OR THE LAST INSTALLMENT/SCHEDULE TRANSACTION [THE IMMEDIATE PAST ONE TRANSACTION] AMOUNT IN THE EVENT OF MULTI-SCHEDULED TRANSACTIONS) YOU HAVE PAID TO NESOTE FOR THE LICENSE OF THE LICENSED SOFTWARE (OR FOR ANYTHING IN CONNECTION WITH THE LICENSED SOFTWARE) IS ABOVE USD 100 (UNITED STATES DOLLARS HUNDRED), NESOTE’S MAXIMUM AGGREGATE LIABILITY AND THAT OF ITS EMPLOYEES (AND THAT OF ANYONE CONNECTED WITH NESOTE), AFFILIATES, SUPPLIERS, AND CERTIFICATE AUTHORITIES, COMBINED, UNDER OR IN CONNECTION WITH THIS AGREEMENT AND/OR IN CONNECTION WITH ANY/ALL SOFTWARE LICENSED/PROVIDED/FACILITATED BY NESOTE TO YOU (AND/OR IN CONNECTION WITH ANY ENGAGEMENT BETWEEN YOU AND US) WILL NOT EXCEED USD 100 (UNITED STATES DOLLARS HUNDRED).
IN NO EVENT WILL OUR MAXIMUM AGGREGATE LIABILITY AND THAT OF NESOTE’S EMPLOYEES (AND THAT OF ANYONE CONNECTED WITH NESOTE), AFFILIATES, SUPPLIERS, AND CERTIFICATE AUTHORITIES COMBINED FOR ANY/ALL CLAIMS COMBINED UNDER OR IN CONNECTION WITH THIS AGREEMENT (AND/OR ANY/ALL CLAIMS COMBINED IN CONNECTION WITH ANY ENGAGEMENT BETWEEN YOU AND US AND/OR ANY/ALL CLAIMS COMBINED IN CONNECTION WITH LICENSING/INSTALLATION/USE/USE-RIGHTS OF ANY SCRIPT[S]/SOFTWARE/SERVICE[S] AND/OR ANY/ALL CLAIMS COMBINED IN CONNECTION WITH ANY ENGAGEMENT BETWEEN US AND ANY THIRD PARTY[IES]) EXCEED USD 100 (UNITED STATES DOLLARS HUNDRED). THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT.
THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. THIS LIMITATION OF LIABILITY MAY NOT BE VALID IN SOME JURISDICTIONS. IF YOU ARE IN SUCH JURISDICTION OR YOU ARE GOVERNED BY SUCH A LAW THAT DOES NOT ALLOW LIMITING NESOTE’S MAXIMUM AGGREGATE LIABILITY TO USD 100 (UNITED STATES DOLLARS HUNDRED) OR THE LAST TRANSACTION (THE IMMEDIATE PAST ONE TRANSACTION) AMOUNT (OR THE LAST INSTALLMENT/SCHEDULE TRANSACTION [THE IMMEDIATE PAST ONE TRANSACTION] AMOUNT IN THE EVENT OF MULTI-SCHEDULED TRANSACTIONS) YOU HAVE PAID TO NESOTE FOR THE LICENSE OF THE LICENSED SOFTWARE, YOU ARE NEITHER ALLOWED TO BUY A SOFTWARE LICENSE FROM US NOR TO USE/ENJOY ANY FEATURES OF THE SOFTWARE.
IF YOU ARE AVAILING/RECEIVING ANY KIND OF SERVICE(S) FROM US (INCLUDING BUT NOT LIMITED TO EXTENDED SUPPORT, WEB HOSTING, APPLICATION/API/PRODUCT/PACKAGE/LIBRARY INTEGRATION/DEVELOPMENT/INSTALLATION SERVICE AND/OR ANY OTHER SERVICE), IN NO EVENT WILL OUR MAXIMUM AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES, SUPPLIERS, AND CERTIFICATE AUTHORITIES COMBINED UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANYTHING RELATED TO YOU AVAILING/RECEIVING ANY SERVICE(S) FROM US EXCEED USD 100 (UNITED STATES DOLLARS HUNDRED). THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT. IF YOU ARE IN SUCH A JURISDICTION OR YOU ARE GOVERNED BY SUCH A LAW THAT DOESN’T ALLOW LIMITING NESOTE’S SUCH MAXIMUM AGGREGATE LIABILITY TO A MAXIMUM OF USD 100 (UNITED STATES DOLLARS HUNDRED), YOU ARE NOT ALLOWED TO AVAIL/RECEIVE/SEEK/ENGAGE-IN ANY SERVICE(S) FROM US/NESOTE.
NESOTE’S MAXIMUM AGGREGATE LIABILITY AND THAT OF NESOTE’S EMPLOYEES (AND THAT OF ANYONE CONNECTED WITH NESOTE), AFFILIATES, SUPPLIERS, AND CERTIFICATE AUTHORITIES COMBINED FOR ANY/ALL CLAIMS (IF ANY) COMBINED UNDER OR IN CONNECTION WITH THIS AGREEMENT (AND IN CONNECTION WITH ANY PREVIOUS VERSION(S) OF THIS AGREEMENT) AND IN CONNECTION WITH YOUR PRESENT/PAST ALL ENGAGEMENT(S) (IF ANY) WITH US/NESOTE (FOR ANY PURPOSE/REASON INCLUDING BUT NOT LIMITED TO LICENSING OF ANY SCRIPT(S) FROM US, AND/OR AVAILING ANY SERVICE(S) FROM US) SHALL BE LIMITED TO USD 100 (UNITED STATES DOLLARS HUNDRED), AND IN NO EVENT IT (OUR MAXIMUM AGGREGATE LIABILITY) SHALL EXCEED USD 100 (UNITED STATES DOLLARS HUNDRED). THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT.
YOU DO HEREBY CONFIRM, DECLARE AND AGREE THAT UNDER ANY CIRCUMSTANCES YOU WILL NOT SEEK A COMPENSATION ABOVE USD 100 (UNITED STATES DOLLARS HUNDRED) FROM NESOTE, FOR ANY/ALL LOSSES/CLAIMS (IF ANY) INDIVIDUALLY/COMBINED.
12. Arbitration:
We hope you and us never have a dispute, but if there is a dispute between you and us, you and we agree to try for 60 days to resolve it informally. If you and we can’t resolve the dispute informally within the 60 days, you and we agree to binding individual arbitration in the manner mentioned below, and not to sue in court in front of a judge or jury.
This agreement shall be governed by and construed and interpreted in accordance with the laws of the Republic of India.
Any dispute or difference arising out of or in connection with this agreement, including any question regarding its existence, operation, termination, validity or breach thereof shall be referred to and finally resolved by arbitration as per the Arbitration & Conciliation Act, 1996 and shall be conducted by the arbitrator appointed by the Company, in accordance with the Arbitration Rules of Indian Council of Arbitration for the time being in force. Place of Arbitration shall be Kochi (A city in Kerala State in India).
In an event the arbitrator appointed by the Company has no judicial authority on you, the binding individual arbitration shall take place in Singapore, and we(Company) reserve the right to choose the arbitrator.
Under any circumstances, the maximum aggregate liability for our Company, for any/all dispute(s)/claim(s) combined, arising anything in connection with this agreement (and/or anything in connection with any past/current engagement/transaction between you and us and/or anything in connection with a previous version of this agreement) will be limited to USD 100 (United States Dollars Hundred Only).
You do hereby waive all your rights to claim class arbitrations, class actions or any kind of multi-party proceedings. Any dispute arising out of or related to this agreement shall not be brought by you as a class arbitration or class action or any other type of multi-party proceeding.
13. Severability:
If any term, condition, section or provision of this agreement becomes invalid or be so judged, the remaining terms, conditions, sections and provisions shall be deemed severable and shall remain in full force.
14. Non-Exclusivity:
Nothing in this agreement shall be deemed to prohibit us from developing, making, using, improving, modifying, marketing, distributing, licensing, installing, deploying, selling, producing, providing or otherwise commercializing any software/script (including but not limited to any software/script(s) licensed to you by/from us) or any services (including but not limited to any service(s) provided to you by/from us) or products. You agree, declare and confirm that nothing ever prohibited/prohibits Nesote from doing/performing/ideating/designing/developing/coding/delivering/licensing/installing/providing/marketing/making/using/distributing/ deploying/using/selling/producing/improving/modifying/selling any service(s)/work(s)/product(s)/software/script(s) (including but not limited to any software/script(s) licensed to you by/from us and/or any service(s) provided to you by/from us), in Nesote’s discretion and conditions, to/for any party/customer/client/person/entity or to anyone.
You agree and confirm that any service(s) (if any) provided by Nesote to you, is/are/was/were provided to you by Nesote only on a non-exclusive basis, and allowing Nesote, in Nesote’s discretion, to provide even the same/similar service to/for any other customer/party/person/entity. You agree and confirm that any script(s) license(s) (if any) issued/provided by Nesote to you is/are/was/were licensed to you by Nesote only on a non-exclusive basis, allowing Nesote, in Nesote’s discretion, to license and/or to install even the same/similar script(s) to/for any other customer/party/person/entity.
Nesote may, in Nesote’s discretion, develop, make, use, improve, modify, market, distribute, license, relicense, sublicense, install, donate, sell, produce, provide and/or commercialize any script(s)/software/service(s)/product(s) (including but not limited to any script(s)/software licensed to you by us and/or any service(s) provided to you by us), to/for any client/person/customer/party/entity.
15. Non-Assignment:
You may not assign or otherwise transfer these terms or your rights and obligations under these terms, in whole or in part, without our written consent and any such attempt will be void. We may transfer our rights under these terms to a third party.
16. No Waiver:
Nesote’s failure to enforce or exercise any of these terms is not a waiver of that section.
17. Confidentiality of Code:
Any software code (either open code, encrypted code or binary code) given/issued/disclosed (or made available) to you by us, any documentation, algorithm and/or architecture which maybe given/provided to you by us are confidential data of Nesote. You shall not disclose any such confidential data/code of Nesote to a third party. You do not have (and will not have) any right on any such code/document/algorithm/architecture (even if you pay us extra for disclosing you any such code/document/algorithm/architecture), other than a mere use license (if given/issued by us) under the licensed domain, in accordance with all the terms of this agreement (that too even only so long as you comply with all the terms of this agreement).
18. Entire Agreement:
This license agreement and the terms and conditions in it constitutes the entire agreement and understanding between Nesote and you relating to the subject matter hereof, and supersedes, replaces and cancels all prior and contemporaneous negotiations, agreements and understandings between Nesote and you whether oral or written, expressed or implied.
You agree and understand that this agreement will supersede any previous/past versions of this agreement and the terms and conditions of this agreement will be applicable and govern anything/everything (and/or any engagement between you and us) that is/are/was/were governed by any previous/past version(s) of this agreement. All the terms and conditions of this agreement shall be applicable.
19. Miscellaneous
You agree that any(if any) script(s)/product(s)/deliverable(s)/customization(s)/software already/earlier/currently/actively/previously licensed to you by us (and/or any[if any] service(s) provided [or being provided] to you by us) under (or based on or governed by) a previous/past version of this agreement (or a previous/past version of the terms and conditions of www.queryscripts.com), shall be governed by terms and conditions of this agreement, retroactively. You agree that anything/everything (and/or any engagement between you and us) that is/are/was/were governed by any previous/past version of this agreement (or any previous/past version of the terms and conditions of www.queryscripts.com) shall be governed by the terms and conditions of this agreement, retroactively.
You agree and confirm that by sending any payment/money to Nesote, you are agreeing and confirming that Nesote has fulfilled any/all service/work/licensing requirements/obligations Nesote may have had (if any) related to any past payments you made (if any) to Nesote in connection with any engagements (if any) between you and Nesote, to your full satisfaction.
Nesote reserves the right to make any changes to any discount schemes (or discount offers) we introduced or offered to you. Nesote may (if Nesote prefers so) in Nesote’s sole discretion change/alter/cancel/modify any discounts/schemes we offered or communicated to you, anytime.
We reserve the right to terminate any service (for example, any kind of extended support) provided to you anytime, with or without giving you any notice. We reserve the right to increase/hike/change the fee (for example, the monthly subscription fee of extended support payable by you to us) of any of our services, anytime, with or without giving you any notice.
If any code(s)/program(s)/application(s)/component(s)/document(s)/design(s) (which is/are developed/created/authored/designed by us) is/are provided/delivered to you by us as a part of providing any service(s) to you, such code(s)/program(s)/application(s)/component(s)/document(s)/design(s) shall be licensed to you under the terms and condition of this agreement. You agree that the intellectual property rights and ownership of all code/codes/programs/applications/components/files/documents/designs developed/created/authored/designed by us shall fully belong to Nesote only, even if/when any such code(s)/program(s)/application(s)/component(s)/document(s) are developed/created/authored by us as a part of providing any service to you.
You agree that Nesote may, in Nesote’s discretion, use/deliver/integrate any third party component/program/application/code to deliver/provide any service to you.
Terms of this agreement are applicable for any licensing, customizations and services provided by us to you. Terms of this agreement are applicable even for any such customizations/services provided by us to you which are billed by us based on the manpower/labour/time employed/used by us.
We may allow you to purchase “license credit” of a script/addon sometimes/occasionally. This license credit can be used by you to purchase a license of one script/addon (which is currently being licensed commercially by us from this website at the time of the purchase of the license credit) priced (regular price without any discount) below a specific amount as indicated/specified in/for the license credit. The license credits must be used by you within 3 months from the date of purchase of the license credit and can only be used to buy license of a script/addon that is being licensed commercially from us from this website(www.queryscripts.com) at the time of purchase of license credit. The license credit cannot be used to purchase a license of a software/script which is released after the date of purchase of license credit. There will not be any refund for any unused/unwanted license credits or any expired license credits. The purchase of a license credit shall be considered as a purchase of license of a script/addon with an option that allows you to choose the script/addon within 3 months subject to the restrictions mentioned above.
We may occasionally provide you the bank account of “NESOTE Inc" (which is USA company, partnering/"providing services" to Nesote Technologies Private Limited) to help you easily send license fee to us from your country. You understand and agree that the bank account of "NESOTE Inc" is used merely as a payment gateway (for ease of payment from your country), and sending any money to it will not make the USA company “NESOTE Inc” obliged to provide you any license/service. No Indian customer shall use the bank account of our USA partner "NESOTE Inc" to send us any payment.
20. Modification:
We may modify these terms or add any additional terms that apply to a service or licensing of any/all software to, for example, reflect changes to the law or changes to our services or licensing terms. We may modify the terms of this agreement any time with/without notice. You should/must look at the terms on our website (www.queryscripts.com) regularly. We may/may not post notice of modifications to these terms on this page. By continuing to use the website www.queryscripts.com or installing/updating any of our software after the revisions/modifications (revisions/modifications of the these terms and conditions) come into effect, or by placing a new order for (or buying) the license of any software/script/addon or by ‘paying us for’/’requesting us’ (or receiving/availing/accepting from us) any customization of/for any software/script or by availing/receiving/accepting (and/or continuing to avail/receive/accept) any service(s) from us after revisions/modifications (revisions/modifications of the terms and conditions of this agreement) come into effect, you agree to be bound by the revised/modified/updated terms and conditions. You also agree that by availing/accepting/receiving/deploying/installing any service(s)/license(s)/script(s)/software/product(s) from us after the revisions/modifications (revisions/modifications of the terms and conditions of this agreement) come into effect, by paying us for buying/purchasing any service(s) or license(s) of any scripts/software from us after the revisions/modifications (revisions/modifications of the terms and conditions of this agreement) come into effect, and/or by availing/accepting/receiving/paying-for/deploying/installing any change(s)/modification(s)/upgradation(s)/improvement(s)/updation(s) on/for any service(s) provided (or product(s)/script(s)/software licensed) by us, after revisions/modifications (revisions/modifications of the terms and conditions of this agreement) come into effect, you agree to be bound by the revised/modified/updated terms and conditions.
You also agree that if you continue to be using any of our software/script/service after the revisions to this agreement come to effect (or if you stay subscribed to our newsletter after the revisions to this agreement come to effect, or if you continue to be using our website [ www.queryscripts.com, www.nesote.com or any of its subdomains and/or parent domains ] after the revisions to this agreement come to effect) the updated terms and conditions of the revised/updated agreement will be applicable for you and you agree to be bound by the revised/modified/updated agreement.
You also agree and understand that if we update/modify/revise this agreement anytime in future, the updated/revised/modified agreement will supersede all the previous/past versions of the updated/revised/modified agreement, and the all terms and conditions of the updated/revised/modified agreement will be applicable and govern anything/everything (and/or any engagement between you and us) that was/were governed by prior/past/previous version(s) of the updated/revised/modified agreement.
This agreement will only be considered updated/amended/altered/changed/revised ( i.e, the revision(s)/modification(s)/updation(s) to this agreement come(s) into effect), if and when the contents(terms and conditions) at/in this web page ( this web page can be accessed at the URL http://www.queryscripts.com/terms.php and/or at the URL https://www.queryscripts.com/terms.php ) are updated (or facilitated to be updated) by us/Nesote or a 'specially agreed & manually signed’ new agreement (regarding the subject matter of this agreement) is executed between you and the CEO of Nesote (on behalf of Nesote). No communication/discussion/offer/understanding/agreement with any employee(s) of Nesote (other than the signed written agreement executed with the CEO of Nesote) shall introduce/alter/change/cancel/revise/update (or considered to introduce/alter/change/cancel/revise/update) any terms to/in/from this agreement or the subject matter of this agreement.
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