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This Distributor Agreement (the "Agreement") is entered into as of , 2012 ("Effective Date"), by ESurveying Softech (India) Pvt. Ltd ("ESurveying Softech (India) Pvt. Ltd"), AMR #7, Pathway P-3, Nandini Layout, Bangalore - 560 096, India., and ("Distributor") having a place of business at: ESurveying Softech (India) Pvt. Ltd and Distributor agree as follows: 1. DEFINITIONS. In this Agreement, the terms listed below have the following meanings: (a) "Products" mean those retail computer-software products developed by ESurveying Softech (India) Pvt. Ltd listed in the price list attached as Exhibit A. (b) "Market" means the geographical area and product market set forth in Exhibit B. If the parties agree to include additional geographical areas or product markets in the Market during the term of this Agreement, they shall be added to Exhibit B. (c) "Price" means the price to Distributor for the software products set forth in Exhibit A. ESurveying Softech (India) Pvt. Ltd may, in its sole discretion, increase or decrease prices for the products upon giving the notice. 2. APPOINTMENT AS A DISTRIBUTOR. ESurveying Softech (India) Pvt. Ltd appoints Distributor as a nonexclusive Distributor in the Market for Products made available to Distributor by ESurveying Softech (India) Pvt. Ltd from time to time for distribution by Distributor. Products include computer software developed by ESurveying Softech (India) Pvt. Ltd, including documentation and related materials (collectively "Software"). Distributor shall have the right, for the term and subject to the conditions of this Agreement, to sell limited licenses for the use of the Software, in the form and hardware lock supplied by ESurveying Softech (India) Pvt. Ltd, in the Market. 3. PURCHASE OF PRODUCTS. ESurveying Softech (India) Pvt. Ltd shall sell and the Distributor shall purchase Products at the Prices set f By Installing or using this Software Package or Program, you indicate your acceptance to this Agreement. If you do not accept or agree with these terms, you may not install or use this Software Package or Program. LICENSE 1. The Licensee assumes full responsibility for the selection, installation and use of the Program. ESurveying Softech (India) Pvt. Ltd. assumes no responsibility for any direct/indirect damages ensuing from the use of its Product. 2. The License is non-transferable. 3. The Licensee cannot distribute this Program or its part, merged along with any other Programs, without the permission of ESurveying Softech (India) Pvt. Ltd. Any part of this Package copied or reproduced without permission is liable for legal action. 4. ESurveying Softech (India) Pvt. Ltd. does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be Uninterrupted or Error free. 5. ESurveying Softech (India) Pvt. Ltd. does not guarantee any upgrades/updates to this Software. 6. This software package or program is provided "as is" without warranty of any kind either expressed or implied, including but not limited to the implied warranties merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the product is with the user. Should the product prove defective, the user assumes the cost of all necessary servicing or error correction. 7. Installation files have been thoroughly scanned and tested during all stages of production but as with new Software, we still recommend you to run a virus scanner before use. We also recommend you to have an up to date backup of your hard disk at all times. ESurveying Softech (India) Pvt. Ltd. will not be responsible for any disruption, damage and/or loss to your data or computer system that may occur while using this installation. 8. Due care has been taken to avoid errors / omissions in this Package. Despite sincere efforts, some errors might have occurred for which the Firm shall not be responsible. Any mistakes, omissions, errors or discrepancies, noticed by users may kindly be brought to our notice, which shall be taken care of in our subsequent Versions. 9. All disputes are subject to Bangalore Jurisdiction Рейтинг: Назад Наверх
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