License Agreement

GoSales End User License Agreement

Important – Please read this software license agreement (“Agreement or License”) carefully before attempting to download or use any software, documentatiGoSales or other materials made available through this web site. This agreement constitutes a legally binding agreement between you or the company which you represent and are authorized to bind (the “License” or “You”), and Max Mobility Pvt Ltd. (“Max Mobility” or “Licensor”). If you do not agree to these terms and conditions, do not download, install or use the software. This agreement does not supersede any written agreement between you and Max Mobility.

Definitions

Ownership & License Grant

Subject to the terms and conditions of this Agreement and upon Licensee’s full payment of the applicable fees, MaxMobility hereby grants to you, and you accept, a non-exclusive, non-transferable license to use the Software only as authorized below. This License will be registered in the licensee’s name, and is effective until terminated as provided below. You may terminate this License by destroying the Software and any copies of the Software in your possession. This License will terminate automatically upon any violation of its terms by you.

This is a license agreement and not an agreement for sale. MaxMobility continues to own the copyright of the Software. Your rights to the Software are specified in this Agreement, and MaxMobility retains all rights not expressly granted to you in this Agreement. This software is protected by copyright laws. Except for the rights expressly granted in this Agreement, this License transfers to you no right, tide, or interest in the Software, or any copyright, patent, trademark, trade secret, or other intellectual property or proprietary right in the Software. MaxMobility retains sole and exclusive title to all portions of the Software and any copies thereof. By agreeing to the terms and conditions herein you bind yourself as not to disclose the Software to anyone.

Trial Version

Prohibited Uses

You may NOT, without the prior written permission of MaxMobility:

Copyright

All title and copyrights in and to the Software (including but not limited to any images, photographs, animation, video, audio, music, text and “SWFs” incorporated into the Software) and the accompanying printed materials are owned by MaxMobility or its suppliers. The software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The software is licensed, not sold. Title to the software shall at all times remain with MaxMobility. You must treat the Software like any other copyrighted material.

Termination

You may terminate your account, this Agreement, and your right to use the GoSales Service, at any time and for any reason or no reason, by contacting GoSales Customer care. Notwithstanding anything to the contrary in this Agreement, MaxMobility retains the absolute right to immediately suspend or terminate your account. If you breach any provision in this Agreement, if you misuse the GoSales Service, and/or use the GoSales Service in such a manner as to infringe upon the intellectual property rights of GoSales or any third party. In addition, MaxMobility reserves the right to terminate your account and this Agreement for any other reason or no reason if MaxMobility gives you at least 30 days advance notice of such termination.

Upon termination of this Agreement for any reason the License granted to you hereunder shall terminate automatically and you shall immediately cease use and distribution of the Software. You must also destroy all copies of the Software, documentation and demos provided by MaxMobility in connection with this Agreement.

Confidentiality

You acknowledge that the Software provided to you pursuant to this Agreement, as well as any modification, enhancement, derivative work and/or extension thereto includes valuable trade secrets of MaxMobility. You agree not to disclose the trade secrets, or any aspect thereof, or any modification, enhancement, derivative work and/or extension thereto, or any aspect thereof, to anyone other than employees or contractors who have a need to know or obtain access to such information in order to support your authorized use of the Software and who are bound to protect such information against any other use or disclosure. You agree to assume full responsibility for such employees’ or contractors’ use, or misuse, of such disclosed details as if it was your use. These obligations shall not apply to any information generally available to the public, independently developed or obtained without reliance on MaxMobility’s information, or approved in writing for release by MaxMobility without restriction.

Limited Warranty

Limitation of Liabilities

Max Mobility’s liability, whether in contract, tort, or otherwise, arising out of licensee’s use of, or in connection with, the software, or otherwise under this agreement, shall not exceed the amount of the license fee paid by you to Max Mobility. in no event shall Max Mobility 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 software, even if Max Mobility has been advised of the possibility of such damages.

General

Upgrades & Updates

You are eligible to receive all Major Upgrades and Minor Updates for the version of the Software that you license hereunder for a period of six (6) months from the date on which you purchase the License for the Software.

Updates replace and/or supplement (and may disable) the version of the Software that formed the basis for your eligibility for the Update. You may use the resulting updated Software only in accordance with the terms of this License.

You acknowledge that you have read this agreement, that you understand this agreement, and understand that by continuing the installation of the software product, by loading or running the software product, or by placing or copying the software onto your mobile, you agree to be bound by this agreement’s terms and conditions. By executing this agreement you further agree that, except for written separate agreements between Max Mobility and you, this agreement is a complete and exclusive statement of the rights and liabilities of the parties.

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