Terms and Conditions
This document (“Terms and Conditions”) is a legal agreement between you or the entity you represent (“You”) and Smackcoders and governs your download and purchase of Products and Services you purchase from our website.
PLEASE NOTE THAT YOU DOWNLOAD THE SOFTWARE PRODUCT ACCEPTING THE TERMS OF SALE, AND TERMS AND CONDITIONS OF THE END USER LICENSE AGREEMENT PROVIDED BELOW. IF YOU DO NOT AGREE TO THE TERMS OF SALE, OR TERMS OF THE END USER LICENSE AGREEMENT, PLEASE EXIT THE WEBSITE WITHOUT CONTINUING THE ORDERING AND/OR DOWNLOADING PROCESS.
End User License Agreement
Smackcoders grants (for selected products) you a non-transferable, Evaluation license for your domain for a period of 15 days from the date of download of the Software. This license will begin upon download and ends 15 days thereafter (“Evaluation Period”).
If you are not willing to upgrade the Licensed Software after the Evaluation Period, delete all the copies of the installed software in your computer and servers with immediate effect. You are forbidden from using the Licensed software for other use.
Smackcoders products bear a Perpetual license model. Smackcoders grants you a non-transferable, non-exclusive license to use the Licensed Software as well as the documentation, updates and upgrades of the software. Few of our products can be used in multiple instances while most of them are restricted to be used only in a single instance.
RESTRICTION ON USE:
In addition to all the terms, you shall not:
- remove any of the copyright, trademark or other proprietary notices from the Licensed software of its copies.
- make any copies except for backup for emergency purpose.
- reverse engineer, decompile the Licensed Software.
- allow any third party to access, use or support the Licensed software
- rent, lease, sublicense or distribute it unless you have been granted written permission by Smackcoders,
- modify or enhance the Licensed software unless you have been granted written permission by Smackcoders
We at Smackcoders are very much committed to the success of our customer. We offer a lifetime free support for the products. We have a 24 X 5 support with a reply time of 24 hours and a maximum resolution time of 48 hours. We can help you resolve our product issues. But we cannot work for you to resolve issues arising due to the conflict with the environment or any third party software. But we are always happy to guide you on issues relating to your environment which is beyond the scope of the Product.
OWNERSHIP AND INTELLECTUAL PROPERTY:
Smackcoders owns all right, title and interest in and to the Licensed Software. Smackcoders 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.
Smackcoders has the right to audit your Use of the Licensed Software by providing at least seven (7) days prior written notice of its intention to conduct such an audit at your facilities during normal business hours.
The Licensed Software contains proprietary information of Smackcoders 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.
Smackcoders 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.
LIMITATION OF LIABILITY:
In no event will Smackcoders be liable to you or any third party for any special, incidental, indirect, punitive or exemplary or consequential damages, or damages for loss of business, loss of profits, business interruption, or loss of business information arising out of the use or inability to use the program or for any claim by any other party even if Smackcoders has been advised of the possibility of such damages. Smackcoders’s entire liability with respect to its obligations under this agreement or otherwise with respect to the Licensed Software shall not exceed the amount of the license fee paid by you for the Licensed Software.
TERMINATION OF USE:
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying or returning to Smackcoders all copies of the Licensed Software in your possession. Smackcoders may terminate this Agreement for any reason, including but not limited to your breach of any of the terms of this Agreement. Upon termination, you shall destroy or return to Smackcoders all copies of the Licensed Software and certify in writing that all known copies have been destroyed. All provisions relating to confidentiality, proprietary rights, non-disclosure, and limitation of liability shall survive the termination of this Agreement.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.