End User License Agreement

FACT Solutions India Private Limited

FACT ERP.NG License Agreement

This is a legal agreement between you (either an individual or a single entity) and FACT Solutions India regarding the use of FACT ERP.NG software. By installing, copying or using the software in any other manner, you agree to be bound by all the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, please return the unused FACT ERP.NG software and all accompanying items (including printed materials, electronic documentation, binders and other containers), along with your sales slip to the place of purchase within ten (10) days for a full refund.

DEFINITIONS
'FACT Solutions India' means FACT Solutions India Private Limited, whose registered office is currently located at 11, Circus Market Place, Agarwalla Chambers, Kolkata 700017, India. FACT ERP.NG™ means the FACT computer software, in the form as supplied, contained in the enclosed media and in upgrades and updates supplied later by FACT Solutions India. 'Documentation' means all printed and electronic materials and documentation supplied with the software or supplied later by FACT Solutions India Private Limited.

COPYRIGHT
FACT Solutions India retains full proprietary rights over FACT ERP.NG including all software programs, CD(s), and documentation (including but not limited to any software images, photographs, animations, video, audio, music, text, and applets) supplied along with FACT ERP.NG. FACT ERP.NG is protected by Indian copyright laws and international treaty provisions. You must, therefore, treat FACT ERP.NG like any other copyright material except that you may transfer FACT ERP.NG to a permanent storage device such as a hard (fixed) disk and retain the original media solely for backup or archival purposes. You may not duplicate or publish any of the printed and electronic documentation accompanying the software. You may also not alter, remove or destroy any copyright notice, proprietary marketing, or confidential legends placed on or within the FACT ERP.NG software.

LICENSE
You have a limited non-exclusive license to use FACT ERP.NG on the terms and conditions set forth. This license allows you to use FACT ERP.NG only on one computer at any given time. If the multi-user version of FACT ERP.NG includes the functionality that enables your single computer to act as a network server, only the specified numbers of computers or workstations licensed to you may access or use the software over the network. You may not publish or distribute any part or whole of FACT ERP.NG in any form to anyone nor may you place it on bulletin board systems, the Internet or any public or private network. You may not rent, sub-license or lease the software or try to reverse engineer, de-compile or disassemble FACT ERP.NG. FACT ERP.NG is licensed as a single software. Its component parts or software may not be separated for use on more than one computer except in the manner prescribed in the installation guidelines. This Agreement is subject to the jurisdiction of the Calcutta High Court only. If any provision of this Agreement is found void, invalid or unenforceable, it will not affect the validity of the rest of the Agreement, which will remain valid and enforceable according to its terms.

LIMITED WARRANTY
You assume all responsibility for selection of the software as appropriate to achieve the results intended by you. FACT Solutions India warrants that, (a) FACT ERP.NG will perform substantially in accordance with its printed & electronic documentation under the limited warranty period. Please refer to your purchase document / Order to see the exact limited warranty period. (b) the storage medium containing FACT ERP.NG shall be free from defects in materials and workmanship under normal conditions of use and transport.

CUSTOMER REMEDIES
FACT Solutions India's entire liability and your exclusive remedy shall be (a) replacement of defective media or documentation and, (b) attempt to correct or help you to work around software errors with efforts that are reasonably suitable to the problem in accordance with FACT Solutions India's standard software support policy and this limited warranty. This limited warranty is void if the failure of FACT ERP.NG has resulted from accident, abuse or misapplication.

EXCLUSION OF OTHER REMEDIES
Except for the foregoing limited warranty, FACT ERP.NG and its accompanying documentation is provided 'As Is' without warranty of any kind either implied or expressed, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES
In no event shall FACT Solutions India or its suppliers be liable for any consequential, special, indirect or other similar damage whatsoever (including without limitations, damages for loss of business profits, business interruption, loss of business information or any other pecuniary loss) arising out of the use or inability to use FACT ERP.NG even if FACT Solutions India has been advised of the possibility of such damages.

LIABILITY NOT TO EXCEED LICENSE FEE
In no event will the liability for any damage exceed the license fee paid for FACT ERP.NG. In the event any remedy is hereunder determined to have failed its essential purpose, all limitations of liability and exclusion of damages set forth herein shall remain in effect.

MODIFICATION OF LICENSE AGREEMENT
This license may be modified only in writing by an authorized representative of FACT Solutions India under specific authority of the Board of Directors of FACT Solutions India. Additional statements written or oral by agents, employees, contractors, licensees, distributors or dealers of FACT Solutions India do not constitute Warranties and are not binding upon FACT Solutions India. This License constitutes the entire agreement and understanding between you and FACT Solutions India and supercedes any prior agreement or understanding whether oral or written relating to the subject of this License.

CHANGES TO THIS LICENSE AGREEMENT OR TO THE PRODUCT
FACT Solutions India reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this EULA by clicking on the “EULA” link located on the Product or on factsoftware.com. You are responsible for checking this EULA periodically for changes.FACT Solutions India may modify the Product for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Product. You agree that the Product may install or download the modifications automatically. You agree that FACT Solutions India may stop to support previous versions of the Product upon availability of an updated version. FACT Solutions India’s channel partners and associated service providers shall have no obligation to furnish any maintenance or customer support with respect to the Product.