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vTiger License Agreement

Plans Details

   Basic Plan    Premium Plan

 

This Agreement sets forth the specific terms and conditions under which Neev agrees to sell the vTiger theme (the “Software” or “Product”) for the screens available in www.neevtech.com/blog/2013/02/01/making-vtiger-look-and-feel-beautiful/ to the Customer. The Customer agreed to purchase an unsupported version of the theme, where Neev will send across the files and Customer need to do the implementation, fixes etc. The price agreed and accepted by the Customer is USD 100.
In order to purchase Products from Neev hereunder, Customer will either (i) execute an INVOICE (in a form to be provided and executed by Neev) referencing this Agreement, and/or (ii) issue a valid and signed purchase order to Neev. Neev may accept or reject any order in the exercise of its discretion and may rely upon the orders submitted by Customer as binding commitments. Accepted orders will be confirmed by Neev.

This Agreement is made subject to following Terms and Conditions:

Usage
The Customer will use the Software for its own company use. This Agreement restricts the Customer to resell the Software or use it for a third party.

Purchase Price
The price for the Product shall be as set forth in the invoice or the purchase order (the “Price”). Unless otherwise stated, the Price exclusive of all taxes, customs, duties and insurance. Any and all current or future taxes, fees, or governmental charges applicable to the sale, delivery or shipment of the Product that Neev is required to pay or collect shall be payable by Customer either directly or if paid by Neev, Customer shall pay the same within ten (10) days of the date of invoice from Neev of such additional costs and not subject to any offset or reduction for any reason. All the payments will be subject to the withholding taxes if any applicable. Withholding certificate should be issued in the name of “Neev Information Technologies Private Limited.”

Payment Terms
Payment is due immediately within 10 days from the date of invoice from Neev. Remittance of invoice shall be made through wire transfer to an account to be identified by Neev. Any delay in payment shall attract interest @2% p.m.

Delivery & Acceptance
The delivery of the Software will be executed once the payment as requested in the invoice is remitted. Unless otherwise agreed by both the parties in writing, the delivery of installable vTiger theme for the above URL is deemed as deliverable & accepted.

License
Customer can use the Software as long as he intends to do without a restriction on time.

Risk of Loss
Risk of loss of the Product shall transfer to Customer on the shipment date.

No Warranty
THE PRODUCT IS PROVIDED “AS IS, WHERE IS” AND “WITH ALL FAULTS”, NEEV MAKES NO WARRANTIES OF ANY KIND WHATSOEVER EXPRESS, IMPLIED, ORAL, WRITTEN OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES AS TO NON-INFRINGEMENT, TITLE, PATENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY CUSTOM, TRADE USAGE, PROMISE, EXAMPLE OR DESCRIPTION; ALL OF WHICH WARRANTIES ARE EXPRESSLY DISCLAIMED BY NEEV AND WAIVED BY CUSTOMER. Neev’s representatives are not authorized to enter into agreements outside these Terms or to make any warranties or representations of any kind with respect to the Product.

Support and further releases
Post-sale the implementation will be executed by the Customer themselves or its designated vendor. Neev will not be responsible for any implementation or support. Neev is also not obligated to give any patch releases or future enhancements.

Change request
Any deviation from the Requirements agreed as part of this contract will be considered as a change request. Each change request would need to approve by the Customer and shall be charged separately.

No Liability
Neev will not be liable for any damage/susceptibility/dissatisfaction caused during the download/installation/use of the Software. Customer will have to take necessary precautions to safeguard from any loss/damage happening in such circumstances. Neev shall in no event be liable for any direct, indirect, consequential, incidental, special, exemplary or punitive damages (including but not limited to, loss of actual or anticipated profits, revenues or product; or loss of use), and regardless of whether any such claim arises out of breach of contract, tort, product liability, indemnity, contribution, strict liability or any other legal theory.

Indemnification
Customer covenants and agrees to indemnify, defend and hold harmless Neev and its affiliates, subcontractors, vendors, officers, directors, employees, agents, consultants and representatives (collectively, the “Indemnified Parties”) from and against any and all claims, demands, suits, liabilities, injuries (personal or bodily), causes of action, proceedings, losses, expenses, damages or penalties, including without limitation court costs and reasonable attorneys’ fees (collectively, “Claims”), arising or resulting from its use of the Product or breach of this Agreement.

Default; Cancellation and Remedies
The occurrence of any one or more of the following matters, and the continuation of the same for seven (7) days after Customer’s receipt of written notice thereof from Neev, shall constitute a default under the Agreement (a “Default”): (a) failure by Customer to observe and perform any covenant, condition or agreement on its part to be observed or performed hereunder, (b) the insolvency, dissolution, or liquidation of Customer, or the filing of a petition in bankruptcy by or against Customer or the adjudication of Customer as bankrupt, or any general assignment by Customer for the benefit of its creditors, or the application for, or consent to, the appointment of any receiver, trustee, custodian, or similar officer by Customer; or (c) failure (or admission in writing of inability or unwillingness) by Customer to pay amounts due and payable to Neev hereunder. In the event of a Default, Neev may avail itself of any and all rights or remedies available at law or in equity.

Cancellation; Additional Remedies for Customer’s Default
The Agreement is not subject to cancellation except by mutual written agreement of the parties.

General Provisions

  • The parties herein expressly agree that stamp duty/registration charges if any payable in respect of this Agreement shall be solely borne and payable by the Customer as per prevailing laws.
  • This Agreement shall be governed by the Indian laws and shall be to the exclusive jurisdiction of the Courts of Mumbai.
  • Any notice shall be deemed to be given on the day of receiving of letter by recipient, or in case by e-mail / fax on the day of delivery of e-mail / fax to the right people in the Organization who includes CEO and Account Managers of Neev and CEO and Marketing Manager of Customer in addition to those signed this Agreement.
  • No modification, amendment, waiver, discharge or termination of any of the provisions of this Agreement shall be effective unless made in writing specifically referring to this Agreement and duly signed by each of the parties.
  • This Agreement along with all annexure, purchase orders, invoices constitutes the entire agreement between the parties hereto with respect to the subject matter of this Agreement and supersedes all prior agreements and undertakings, written or oral, with respect to the subject matter hereof except as otherwise expressly provided herein. Customer has read, understands and agrees to the terms of this Agreement and acknowledges that the undersigned is duly authorized to sign this Agreement on behalf of Customer.


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