This End-User License Agreement (this "Agreement") is a legal contract between you, as either an
individual or a single business entity, Softag infotech and its affiliates all products.
This EULA agreement governs your acquisition and use of our SoftApp Company Management
System software ("Software") directly from Softag Infotech or indirectly through a Softag
Infotech authorized reseller or distributor (a "Reseller").
Please read this EULA agreement carefully before completing the installation process and using
the SoftApp Company Management System software. It provides a license to use the SoftApp Company
Management System software and contains warranty information and liability disclaimers.
If you register for a free trial of the SoftApp Company Management System software, this EULA agreement
will also govern that trial. By clicking "accept" or installing and/or using the SoftApp Company
Management System software, you are confirming your acceptance of the Software and agreeing to
become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent
that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do
not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do
not install or use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by Softag Infotech herewith regardless of
whether other software is referred to or described herein. The terms also apply to any Softag
Infotech updates, supplements, Internet-based services, and support services for the Software, unless
other terms accompany those items on delivery. If so, those terms apply.
1. License
1.1. Grant of License.
Softag Infotech hereby grants to you, and you accept, a limited, nonexclusive, non-transferable license to
use the Software in machine-readable, object code form only, and the user manuals accompanying the
Software (the “Documentation”), only as authorized in this Agreement, and subject to compliance with
the terms of this Agreement, and payment of all applicable license fees.
1.2. Scope of Use.
You may use the Software activated by a license key for the number of computers (virtual or physical)
owned, leased, or otherwise controlled by you, at rates specified for metered usage or for the number of
users, as specified in an Order. An Order may also specify other applicable license scope definitions. For
purposes of this Agreement, “use” of the Software means loading the Software into the temporary or
permanent memory of a computer and executing the Software. If you distribute the Software to multiple
computers or users, you must ensure that your usage does not exceed the usage for which you have paid
license fees, or you will be in breach of this Agreement unless the order is for meter use. If the Order does
not state a scope of license, then the scope of license for the Software shall be for a single user on a single
computer or shall be metered at the applicable rate.
1.3. Restrictions, Copies and Modifications.
You are not permitted to:
Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor
permit the whole or any part of the Software to be combined with or become incorporated in any
other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any
such things
Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose
Allow any third party to use the Software on behalf of or for the benefit of any third party
Use the Software in any way which breaches any applicable local, national or international law
Use the Software for any purpose that Softag Infotech considers is a breach of this EULA agreement
1.4. Assignment of Rights.
You will not sublicense, lease, rent, or lend your rights in the Software, Documentation, or license keys, as
granted by this Agreement, to any party without prior written consent of Softag Infotech.
2. Intellectual Property Protection and Confidentiality
2.1. Use Reporting, License Violations and Remedies.
Softag Infotech reserves the right to gather data on license key usage including license key numbers, server
IP addresses, domain counts and other information deemed relevant, to ensure that our products are
being used in accordance with the terms of this Agreement. Additionally, you agree that Softag Infotech
may, upon reasonable notice, perform an audit of your facilities to verify compliance with the terms of this
Agreement. Any unauthorized use shall be considered by Softag Infotech to be a violation of this
Agreement. Softag Infotech reserves the right to remedy violations immediately upon discovery, by
charging the then-current list price of unauthorized license keys. This is not a sole remedy for a violation of
this Agreement and Softag Infotech may exercise any other remedies available at equity or law.
2.2. License Automatic Update and Expiration.
Your license may include an expiration date that can result in the termination of the license. There is no
expiration date for perpetual license keys, however upgrades and support are only available if you
purchase support from Softag Infotech. Softag Infotech may terminate your license if it determines that a
license is used in violation of the terms of this Agreement. If your license key is stolen, or if you suspect any
improper or illegal usage of your license key outside of your control you should promptly notify Softag
Infotech of such occurrence. A replacement license will be issued to you and the suspect license will be
allowed to expire. For limited-term licenses, your periodic payment must be processed prior to the
expiration date in order for the license updates to be performed. It is your responsibility to contact Softag
Infotech regarding any potential expiration that you deem inappropriate. Softag Infotech shall not be liable
for any damages or costs incurred in connection with the expired licenses.
2.3. Proprietary Rights to Software and Trademarks.
You acknowledge that the Software and the Documentation are proprietary to Softag Infotech, and the
Software and Documentation are protected under Indian copyright law and international treaties. You
further acknowledge and agree that, as between you and Softag Infotech, Softag Infotech owns and shall
continue to own all right, title, and interest in and to the Software and Documentation, including
associated intellectual property rights under copyright, trade secret, patent, or trademark laws. This
Agreement does not grant you any ownership interest in or to the Software or the Documentation, but
only a limited right of use that is revocable in accordance with the terms of this Agreement. Any and all
trademarks or service marks that Softag Infotech uses in connection with the Software or with services
rendered by Softag Infotech are marks owned by Softag Infotech. This Agreement does not grant you any
right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks
or any words or designs that are confusingly similar to such marks.
2.4. Confidentiality.
You shall permit only authorized users, who possess rightfully obtained license keys, to use the Software or
to view the Documentation. Except as expressly authorized by this Agreement, you shall not make
available the Software, Documentation, or any license key to any third party. You will use your best efforts
to cooperate with and assist Softag Infotech in identifying and preventing any unauthorized use, copying,
or disclosure of the Software, Documentation, or any portion thereof.
Softag Infotech reserves the right to grant licences to use the Software to third parties.
3. License Fees
The Software will be available to you for use upon your receipt of a license key. You may obtain one or
more license keys by ordering the license keys from Softag Infotech or a Softag Infotech reseller, as the
case may be. The license fees paid by you for the license keys are paid in consideration of the license
granted under this Agreement. You shall, in addition to license fees, pay all applicable sales, use, transfer,
or other taxes and all duties, whether national, state, or local, however designated, that are levied or
imposed by reason of your purchase and use of the Software, excluding income taxes on the net profits of
Softag Infotech .
4. Software Maintenance and Support Services
Softag Infotech’s products are available only on a subscription basis. You may elect to purchase Software
upgrade and support services by so ordering from Softag Infotech or a Softag Infotech reseller and paying
the applicable fees.
5. Term and Termination
This Agreement is effective upon your acceptance of the Agreement, or upon your downloading, installing,
accessing, or using the Software, even if you have not expressly accepted this Agreement. This Agreement
shall continue in effect until terminated. Without prejudice to any other rights, this Agreement will
terminate automatically if you fail to comply with any of the limitations or other requirements described
herein. If you are licensing the Software on a limited term basis, and fail to pay the applicable license fees
or renewal license fees, Softag Infotech shall have the right to interrupt your use of the Software. You may
not terminate this agreement at any time. Softag Infotech may terminate this License Agreement if you
breach any term of the Agreement by giving you written notice of your breach and Softag Infotech’s
decision to terminate the Agreement. Upon termination of this Agreement, you agree to either return to
Softag Infotech the Software, Documentation, all copies thereof, and all license keys that you have
obtained, or to destroy all such materials and provide written verification of such destruction to Softag
Infotech.
6. Indemnifications
Softag Infotech shall, at its expense, defend and indemnify you for damages and reasonable costs finally
incurred in any suit or claim brought against you alleging that the Software infringes any indian patent,
copyright, trade secret or similar right, provided that Softag Infotech is promptly notified, rendered
reasonable assistance by you as required, and permitted to direct the defense or settlement negotiations.
Softag Infotech shall have no obligation to defend or indemnify any infringement claim that arises from or
relates to: (i) a modification of the Software by you or any third party, (ii) a combination of the Software
with other software products, components, processes or materials, (iii) your failure to incorporate or
implement modifications directed by Softag Infotech, (iv) third party or open source software components,
(v) use of the Software in a manner inconsistent with the Documentation, or (vi) any Software provided for
evaluation or trial use or marked as beta or early access. Should the use of Software by you be enjoined, or
in the event Softag Infotech wishes to minimize its potential liability hereunder, Softag Infotech may, at its
option, either: (i) substitute fully equivalent non-infringing software; (ii) modify the infringing Software so
that it no longer infringes but remains functionally equivalent; (iii) obtain for you, at Softag Infotech’s
expense, the right to continue use of the Software; or (iv) take back the infringing Software and refund to
you pre-paid license fees applicable to the remainder of the license term, or if a perpetual license was
purchased, the purchase price paid, less depreciation amortized on a three-year straight line basis. This
indemnification sets forth Softag Infotech’s sole liability and your sole remedy for claims of infringement
arising from your use of the Software. You will, at your own expense, indemnify and hold Softag Infotech,
and its subsidiaries and affiliates, and all officers, directors, and employees thereof, harmless from and
against any and all claims, actions, liabilities, losses, damages, judgments, grants, costs, and expenses,
including reasonable attorneys' fees, arising out of any use of the Software by you, any party related to
you, or any party acting upon your authorization in a manner that is not expressly authorized by this
Agreement. Your indemnification does not include claims of infringement that are covered by Softag
Infotech’s indemnification above
7. Warranty; Disclaimer
Softag Infotech warrants for a period of thirty (15) days from your receipt of the Software that the
Software will materially conform to the Documentation. This warranty covers only problems that are
reproducible and verifiable and does not cover software, or other items or any services provided by any
persons other than Softag Infotech. Maintenance and support, if any, are governed by a separate
agreement. Software, which has been abused, misused, damaged, modified, or subjected to unauthorized
use or installation, used in a manner inconsistent with the Documentation or used with components not
authorized by Softag Infotech, shall void this warranty. Softag Infotech’s sole liability (and your sole and
exclusive remedy) for any breach of this warranty shall be, in Softag Infotech’s sole discretion, to use
commercially reasonable efforts to provide you with an error-correction or workaround which corrects the
reported non-conformity, or if Softag Infotech, in its sole discretion, determines such remedies to be
impracticable within a reasonable period of time, to provide a refund of the fees paid for the Software.
This limited warranty does not apply for any Software provided for evaluation or trial use or marked as
beta or early access.
EXCEPT AS SET FORTH ABOVE IN THIS SECTION, THE SOFTWARE AND DOCUMENTATION ARE LICENSED “AS
IS,” AND SOFTAG INFOTECH DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, TO THE EXTENT AUTHORIZED BY LAW.
WITHOUT LIMITATION OF THE FOREGOING, SOFTAG INFOTECH EXPRESSLY DOES NOT WARRANT THAT THE
SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO
ACHIEVE YOUR INTENDED RESULTS, AND FOR THE RESULTS OBTAINED FROM YOUR USE OF THE
SOFTWARE. YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE
SOFTWARE.
WARNING:
The Software is not designed or intended for use in on-line control of equipment in hazardous
environments such as the operation of nuclear facilities, aircraft, air traffic, aircraft navigation or
aircraft communications, or in the design, construction, operation or maintenance of any nuclear
facility, or in the operation or maintenance of any direct life support system. Softag Infotech
disclaims any express or implied warranty of fitness for such uses and shall not be liable for any
costs, liabilities or damages resulting from the use of the Software in such an environment. You
agree that you will not use or license the Software for such purposes.
8. Limitation of Liability
IN NO EVENT WILL SOFTAG INFOTECH BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT
DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, OR LOSS OF PROFITS OR LOST
SAVINGS, ARISING OUT OF USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, EVEN IF
SOFTAG INFOTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL
SOFTAG INFOTECH BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF THE FEES PAID TO SOFTAG
INFOTECH FOR THE SOFTWARE WITHIN THE PERIOD OF TWELVE (12) MONTHS PRIOR TO ANY CLAIM
ARISING.
9. General Terms
9.1. Governing Law and Choice of Forum.
This Agreement shall be governed by and interpreted in accordance with the laws of the India, without
regard to the conflicts of law rules thereof. Any claim or dispute arising in connection with this Agreement
shall be resolved in the applicable courts situated within the city of Gujarat, India. To the maximum extent
permitted by law, you hereby consent to the jurisdiction and venue of such courts and waive any
objections to the jurisdiction or venue of such courts. The United Nations Convention on Contracts for the
International Sale of Goods is expressly excluded.
9.2. Severability.
If any term or provision of this Agreement is declared void or unenforceable in a particular situation, by
any judicial or administrative authority, this declaration shall not affect the validity of enforceability of the
remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in
any other situation.
9.3. Survival.
Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive
the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to
fulfill such purposes.
9.4. Headings.
The Section headings contained in this Agreement are incorporated for reference purposes only and shall
not affect the meaning or interpretation of this Agreement.
9.5. No Waiver; Amendments.
The failure of either party to enforce any rights granted hereunder or to take action against the other party
in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent
enforcement of rights or subsequent actions in the event of future breaches. Amendments to the
Agreement shall only be effective if in writing and signed by all parties.
9.6. Assignment.
You may not assign your rights under this Agreement and any attempted assignment shall be void and of
no effect. Softag Infotech may assign its rights and obligations under this Agreement.
9.7. Export Restrictions.
THIS AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY LAWS, REGULATIONS, ORDERS, OR OTHER
RESTRICTIONS ON THE EXPORT, REEXPORT OR IMPORT OF THE SOFTWARE OR DOCUMENTATION ABOUT
SUCH SOFTWARE WHICH MAY BE IMPOSED FROM TIME TO TIME BY THE GOVERNMENT OF INDIA OR ANY
OTHER GOVERNMENT. YOU SHALL NOT EXPORT, REEXPORT OR IMPORT THE SOFTWARE,
DOCUMENTATION, OR INFORMATION ABOUT THE SOFTWARE OR DOCUMENTATION WITHOUT THE
WRITTEN CONSENT OF SOFTAG INFOTECH AND COMPLIANCE WITH SUCH LAWS, REGULATIONS, ORDERS,
OR OTHER RESTRICTIONS.
Application management system is also available in application very soon. But there are no time fix for launching app and its price.
Relax…!! Softag infotech not get any company’s application related or account related any data hiddenly. Softag Infotech is not calling any hidden API. So it’s very secure to use SoftApp system and become feel free.
There are three system software included in which Softag Infotech provides license and support of our product as SoftApp Company Management System only while other two system software as Client Based Company Management System(Project Manager) and Bill Manager is free for use and no need to get a separate license because of other author’s product.
As in terms of the license, we provide a lifetime non-renewable license with android ad implementation demo (editable) and all managing system source code (not editable) with single-use.
If the user needs any extra customization features then it’s only available on our product SoftApp Company Management System and all features need to pay based on updating.
The installation support period is 15 days from the date of license purchase in a single domain and customer’s own server. Server charge, domain charge, and all other extra charges or expenses are not covered in this license fee.
If any issue or query related SoftApp Company Management System then fell free to contact us at +91 82382 35236 or info@softaginfotech.com .
Last revised 23-Nov-2020