License and Limited Warranty Agreement

By installing, copying, downloading, accessing or otherwise using the HiTech SOFTWARE, you agree to be bound by the terms of this License Agreement. If you do not agree to the license agreement then do not install or use the HiTech SOFTWARE; you may, however, return it to your place of purchase for a full refund, within a period of fifteen days from the date of purchase.

In order to preserve and protect its rights under applicable laws, HiTech does not sell any rights in the software. HiTech, only grants the right to use this software by means of a software license. HiTech specifically retains title to all its computer software.

The HiTech SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The HiTech SOFTWARE is licensed, not sold.

The entire and exclusive liability and remedy for breach of this limited warranty shall be limited to the replacement of defective diskette(s) or documentation and shall not include or extend to any claim for or right to recover any other damages, including but not limited to loss of profit, data, or use of the software, or special, incidental, or consequential damages or other similar claims, even if HiTech has been specifically advised of the possibility of such damages. In no event will HiTech's liability for any damages to you or any other person ever exceed the lower of suggested list price or actual price paid for the license to use the software, regardless of any form of the claim.

HiTech SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Specifically, HiTech makes no representation or warranty that the software is fit for any particular purpose and any implied warranty of merchantability is limited to the one hundred and eighty days duration of the limited warranty covering the
physical diskette(s) and physical documentation only, if any, (and not the software) and is otherwise expressly and specifically disclaimed.

HiTech’s and its suppliers’ entire liability and your exclusive remedy shall be, at HiTech’s option, either (a) return of the price paid, if any, or (b) repair or replacement of the HiTech SOFTWARE that does not meet HiTech’s Limited Warranty and that is returned to HiTech with a copy of your receipt. This Limited Warranty is void if failure of the HiTech SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement of
HiTech SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the India, neither these remedies nor any product support services offered by HiTech are available without proof of purchase from an authorized international source.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HiTech AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE HiTech SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE
SUPPORT SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HiTech OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE HiTech SOFTWARE OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF HiTech HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, HITECH’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE HiTech SOFTWARE OR INR 100.00.

HiTech support engineers will make commercially reasonable efforts to solve any problem. To the extent allowed by applicable law, implied warranties on the HiTech SOFTWARE, if any, are limited to one hundred and eighty days (180) days.

You may install and use one copy of the HiTech SOFTWARE on a single computer, including a workstation, terminal or other digital electronic device ("COMPUTER"). 5 User and 10 User software licenses are for use on computers connected on Windows network shareing the single database on file server. You can not use 5 User or 10 User License for 5 or 10 diffrent computers each using its own database.

This software is designed in such a way that it can be used only on the computer for which it has been ordered and only on the computer on which it is installed. If you happen to lose that computer then HiTech may, at it sole discretion may reinstall the HiTech SOFTWARE or provide you media to reinstall for one such occasion only. In case, if the software has been provided to you with a hardware portlock device, then the above reinstallation option may not be available to you.

Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the HiTech SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

With respect to technical information you provide to HiTech as part of the Support Services, HiTech may use such information for its business purposes, including for product support and development.

All title and intellectual property rights in and to the HiTech SOFTWARE, the accompanying printed materials, if any, and any copies of the HiTech SOFTWARE are owned by HiTech Computer Services and author/s of the software. All title and intellectual property rights in and to the content which may be accessed through use of the HiTech SOFTWARE is the property of HiTech. All rights not expressly granted are reserved by HiTech.

Without prejudice to any other rights, HiTech may terminate this LICENSE AGREEMENT if you fail to comply with the terms and conditions of this LICENSE AGREEMENT. In such event, you must destroy all copies of the HiTech Software and all of its component parts.

This license statement shall be construed, interpreted and governed by the laws of India. If any provision of this statement is found to be void or unenforceable, it will not affect the validity of the balance of this statement, which shall remain valid and enforceable according to its terms. If any remedy provided is determined to have failed of its essential purpose, all limitations of liability and exclusions of damages set forth in the limited warranty shall remain in full force and effect. This statement may only be modified in writing signed by you and an authorized officer of HITECH. All rights not specifically granted in this statement are reserved by HITECH.

BY USING THIS SOFTWARE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ THIS LICENSE AND LIMITED WARRANTY, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS. YOU ALSO AGREE THAT THE LICENSE AND LIMITED WARRANTY ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDE ALL PROPOSALS OR PRIOR AGREEMENTS, WHETHER ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THE LICENSE OR LIMITED WARRANTY. HOWEVER, HiTech MAY CHOOSE TO HONOUR SUCH OTHER COMMITMENTS ONLY AT ITS OWN OPTION.