NCrypted License, Support & Service Level Agreement

NCrypted License Agreement v1.2
Last modified: 23rd January 2020; 'Warranty Terms' upgraded

COPYRIGHT NOTICE

This software, application, platform (henceforth collectively called as "Software") is the intellectual property of NCrypted Technologies (henceforth termed as NCRYPTED), and is covered by retained intellectual property rights, including copyright. The software is made available to you - the purchasing party (or henceforth known as the CLIENT) under the following terms and conditions.

This License governs use of the accompanying Software, and your use of the Software constitutes acceptance of this license. "Software" includes, without limitation: all PHP / HTML files, all resource files (SQL/MySQL, database/XML files, XML schema files, etc.), all source code, design UI, layout and all design files (HTML, CSS, Javascript, JPGs), business logic, concept and all documentation files. "Software" may include a number of third party scripts and files and are subject to their own licensing agreements. Product names, logos, brands, and other trademarks featured or referred to within the "Software" are the property of their respective trademark holders. These trademark holders are not affiliated with NCrypted Technologies, our products, or our website.

SOFTWARE LICENSE USE

You may use this Software for any purpose, commercial or otherwise, subject to the restrictions in this license and in accordance with the law (including by-laws) in the country in which it is operated.

YOU ARE GIVEN ONE LICENSE TO INSTALL THE “SOFTWARE”. Multiple instances of the “Software” cannot and should not be operated on multiple domains under a single license. Additional licenses must be purchased for every domain you wish to install the software on. You are permitted to install multiple instances of the “Software” on a single domain, for example on sub-domains and on a localhost for testing and development purposes. Your license to lawfully use the “Software” will be terminated if evidence is found that the “Software” is being run on multiple domains. An additional development license can be provided upon request to run the software on localhost subject to approval by NCRYPTED based on information provided by the CLIENT.

YOU MAY NOT DISTRIBUTE TO ANY OTHER PERSON OR ORGANIZATION UNDER ANY CIRCUMSTANCES. This Software is made available exclusively to the CLIENT, without the right to provide or demonstrate the Software for/to any third party. Your rights are personal, and are under no circumstances assignable, licensable, or otherwise transferable unless prior agreement is made with NCRYPTED. You may not sell, resell, distribute, redistribute, circulate or franchise the software or any of its part (including, but not limited to, the scripts, programs, database architecture, design, user interface) to any third party without the written consent of NCRYPTED.

TECHNICAL SUPPORT & WARRANTY

YOU MAY MODIFY THIS SOFTWARE FOR ANY PURPOSE, except that you may NOT distribute the Software to any other person or organization in original or modified form. You may not distribute this Software or any derivative works in any form for commercial purposes, including (without limitation) running business operations, licensing, leasing, franchising or selling the Software, or distributing the Software for use with commercial products.

SOFTWARE CUSTOMIZATION PERFORMED BY CLIENT OR THIRD PARTY WILL NOT BE ELIGIBLE FOR FREE TECHNICAL SUPPORT. The technical support is provided to fix problems and answer questions originating in and pertaining to the core files of the SOFTWARE. Requests for advice on how to modify the files to perform a new or different function compared to the default features will be treated as consultation requests and will be billed according to NCRYPTED's standard hourly rate.

FREE TECHNICAL SUPPORT IS PROVIDED BY NCRYPTED FOR A PERIOD OF ONE TO THREE MONTHS FROM THE DATE OF PURCHASE (depending upon the product purchased). You have the right to submit technical support tickets related to issues or questions to the core files or default features for three months from the date of your purchase. Support is restricted to one of your licenses, either the live site license or the development license. The support period does NOT apply if NCRYPTED is currently in the process of customizing SOFTWARE based on client requirements. The complimentary/inclusive support period for the customization project begins from the date of delivery or after a maximum of one month of UAT (User Acceptance Testing) and would last no longer than three months.

In the rare case that NCRYPTED has not fixed technical support issues for any major defects CLIENT has submitted during the one to three month support duration and the support duration expires NCRYPTED agrees to continue assigning resources to these tickets until the issues are resolved. CLIENT may not add new issues to open tickets that have passed the support duration period, any new issues reported will be ignored unless a support extension has been purchased.

WARRANTY TERMS

Complimentary support is included for 1 to 3 months after the completion of the development phase depending upon the formal proposal agreement. Complimentary support period is only limited to technical bugs as defined in the proposal agreement.

Client should inform of any technical bugs, minor/major defects an issues within the given complimentary support period only. Client is free to perform an Acceptance Test at will on client's own consent. lf Client confirms that a Deliverable is free of errors and defects or has only Minor Defects, the Deliverable shall be deemed to have passed the acceptance test. NCrypted shall, however, in time inform Client of its time schedule for repairing the defects, errors and issues reported by the Client that qualify as technical bugs. After having received a notice from NCrypted that the repaired Deliverable is available for a new acceptance test Client shall place the repaired Deliverable through a new acceptance test.

The Deliverable shall be deemed to be accepted when

• Client has accepted the Deliverable in writing or
• Client has not presented a written complaint citing to Substantial Defects or other ground for dismissal within seven 7 days from the date the particular Deliverable was delivered to Client for the performance of the acceptance test or
• Client takes the Deliverables in a manner to use or production.

UPGRADES

UPGRADES PROVIDED FOR SOFTWARE. As the software is updated to patch errors, bugs, security flaws or to add new features CLIENT will have free, unrestricted access to the SOFTWARE updates for the duration as stated in each of the product licenses. NCRYPTED provides patch files "as is" which allows CLIENT to perform the upgrade. NCRYPTED will offer to perform the upgrade for a fixed price however if CLIENT has made any customization that they wish to keep NCRYPTED will quote a price accordingly. APPLYING PATCH FILES MAY OVERWRITE CUSTOMIZATION OR MODIFICATIONS MADE TO THE EXISTING FILES AND NCRYPTED DOES NOT ACCEPT RESPONSIBILITY FOR LOSS OF DATA WHEN CLIENT PERFORMS THE UPGRADE.

REFUND POLICY

NCrypted products are intangible goods that are digitally delivered, we therefore follow a strict refund policy on agreed terms, depending upon the type of project or engagement. 

• Ready-made products or services DO NOT have any refund policy
• Custom development projects work DO NOT have any refund policy; however in case the paid amount is an upfront/advance payment and the assigned work is not done yet or the paid amount is not fully utilized, the client is at liberty to opt for another of NCRYPTED service or product in exchange for the unused amount that is already paid

You may use any information in intangible form that you remember after accessing the Software. However, this right does not grant you a license to any of NCrypted Technologies copyrights or patents for anything you might create using such information.

In return, you agree:

• Not to remove any copyright or other notices from the Software. The copyright notice for the purchased product may include NCrypted's credentials with a backlink in order to validate the license. You are at liberty to remove copyright notice and link for products and services which have "copyright removal" as an add on module OR you have our prior written permission for the same

• Not to distribute this Software or any derivative works in any form to any person, entity, organization or individual under any circumstances

• Not to try and circumvent or reverse engineer the licensing system in place
• THAT THE SOFTWARE COMES "AS IS", WITH NO WARRANTIES. THIS MEANS NO EXPRESS, IMPLIED OR STATUTORY WARRANTY, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY OF TITLE OR NON-INFRINGEMENT
• THAT NCRYPTED TECHNOLOGIES. WILL NOT BE LIABLE FOR ANY DAMAGES RELATED TO THE SOFTWARE OR THIS LICENSE, INCLUDING DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, TO THE MAXIMUM EXTENT THE LAW PERMITS, NO MATTER WHAT LEGAL THEORY IT IS BASED ON
• ALL PURCHASES ARE CONSIDERED FINAL DUE TO THE DIGITAL NATURE OF THE SOFTWARE. MERCHANT GATEWAY DISPUTES WILL BE TREATED AS A BREACH OF LICENSE AND YOUR SUPPORT AND UPGRADES WILL BE SUSPENDED FOR THE DURATION OF THE DISPUTE
• In case of any breach of this SLA, license or misuse of it on your (customer) side, or in case of a prolonged delay in payment, or in case of any prolonged dispute from your (customer) side, NCrypted reserves the right to charge for its complimentary services that were offered. Our complimentary services/products are offered in good faith and availed free to you at a given time only if it satisfies these conditions as cited here in this clause as well as in the SLA. They should be deemed chargeable at the agreed hourly rate otherwise
• That your rights under this license may be modified or cancelled at any time, for any reason, and without notice to you, but will always be made available at our website
• That any subsequent revision or version of this License will completely supersede the terms and obligations of all earlier Licenses, including this one
• That NCrypted maintains the right to discontinue if any invoice is due beyond its due date
• That all proposals, agreements by default are valid for up to 10 days from the date of issue; any phase wise plan is only valid if the same is implemented consequently after the previous phase in continuation with a maximum gap of 10 days unless otherwise agreed by the parties
• That your rights under the License end automatically if you breach it in any way, while your obligations remain in effect
• That the terms and conditions of this License shall be governed by Indian law (without regard to its conflict of law principles), and that any dispute over the terms of this License may be brought only in the state and federal courts of Gujarat, India
• NCRYPTED reserves all rights not expressly granted to you in this license. If you have questions about these terms and conditions, please send email to support@ncrypted.com but note that such questions or email will not release you from the terms and conditions of this License Agreement

TRADEMARKS

"NCrypted" is a registered trademark of NCrypted Technologies. The NCrypted logo in the special stylized font in rich blue and white colors with a curved 'e' are copyright of NCrypted Technologies. "Transforming Businesses", "BistroStays", "Nlance", "Fundraiser Crowdfunding Platform", "Fashmark", "BooknRide", "ConnectIn", "Flihot", "Thumbpin", "TaskGator", "JobGator", "TradeMart", "Soundify", "Busewe", "ShareCaar", "PetSitCare", "NCT VCT", "NeTube", "GProve" and "Bookitt" are trademarks of NCrypted Technologies Pvt. Ltd. in India and it's subsidiaries and group entities in other countries. All other logos, trade names used throughout the website are trademarks or registered trademarks of their respective owners.

All claims should be addressed to legal@NCrypted.com and should be based upon your signed agreement, this SLA and subject to Gujarat, India jurisdiction.