End User Licence Agreement
The terms on which Niyantrak Budgeting is licensed to your organisation.
This End User Licence Agreement ("Agreement") is a legal agreement between you, the organisation named on your licence key ("you", "the Licensee"), and Niyantrak Consulting LLP, a limited liability partnership registered in Ahmedabad, Gujarat, India ("we", "us", "the Licensor"), governing your use of the software application Niyantrak Budgeting ("the Software").
By entering a licence key into the Software, or by installing or using the Software, you accept this Agreement. If you do not accept it, do not install or use the Software.
01Parties and the licensed organisation
A licence is issued to a single organisation, identified by the Group Company Name supplied at the time of purchase. The person accepting this Agreement confirms that they are authorised to do so on behalf of that organisation.
The Software is business software supplied for commercial use. It is not offered to consumers, and purchases are made in the course of business.
02Licence granted
Subject to your compliance with this Agreement and to payment of the applicable fee, we grant you a non-exclusive, non-transferable, revocable licence to install and use the Software for the internal business purposes of the licensed organisation, for the duration stated on your licence key.
Within that scope, the licence covers:
- Installation on the computers of the licensed organisation, for use by its personnel;
- An unlimited number of users within that organisation;
- All features of the Software, with no functionality withheld or separately chargeable;
- One company entity per licence key, as described in the product documentation.
Without a valid licence key, the Software runs as a free, read-only preview: all screens and the bundled sample data may be viewed, but data cannot be created, changed, imported, deleted or reset.
The preview is obtained by requesting a download and supplying contact details, which are handled as described in our Privacy Policy. The preview is offered free of charge and for an unlimited period, and this Agreement applies to it in full, save that the restrictions on the licensed organisation name and term do not apply until a key is entered. The download link issued to you is personal to you and should not be forwarded.
03The licence name is fixed
Your licence key carries the name of your organisation, and the Software sets its Group Company Name from that key. This name cannot be changed by any means while the licence is active: not through the application, not by editing settings, not by importing a file, and not by restoring a backup.
This is a deliberate protection for both parties. It ensures a key issued to one organisation cannot be used by another, and it guarantees that your reports carry your own name. If your organisation is legally renamed, contact us and we will issue a replacement key in the new name at no charge for the remainder of your term.
04What you may not do
You may not:
- Share, publish, resell, sublicense, rent, lease or otherwise distribute the Software or your licence key;
- Use one licence key for more than the licensed organisation, or attempt to circumvent the licence name or expiry;
- Reverse engineer, decompile, disassemble or attempt to derive the source code, algorithms or licensing mechanism of the Software, except to the extent such restriction is prohibited by applicable law;
- Modify, adapt or create derivative works of the Software;
- Remove or obscure any proprietary notice, branding or copyright mark;
- Use the Software to provide a bureau, hosting or outsourced service to third parties without our prior written agreement.
05Your data stays with you
The Software runs entirely on your own computer. Your budgets, actuals, master data, prices, costs and reports are stored locally on that machine. We do not receive, transmit, host, access or process the business data you enter into the Software. The Software does not require an internet connection to operate.
It follows that responsibility for the security, backup and retention of that data rests with you. The Software includes backup and restore facilities; we recommend you use them and maintain your own copies. We cannot recover data that is lost or damaged on your systems.
Information you provide when purchasing, such as your organisation name, contact details and address, is handled as described in our Privacy Policy.
06Ownership
The Software is licensed, not sold. All intellectual property rights in the Software, its design, its documentation and its underlying methodology remain with Niyantrak Consulting LLP. You acquire no rights other than the licence expressly granted above.
All data you enter into the Software remains yours.
07No warranty, please read
The Software is a calculation and reporting tool. It presents figures derived from the data you supply. It does not provide accounting, tax, audit, investment, legal or professional advice, and it is not a substitute for professional judgement. Every figure it produces must be reviewed by a competent person before it is relied upon for any decision, filing, statement or representation.
The Software is provided "as is" and "as available". To the fullest extent permitted by applicable law, we disclaim all warranties, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.
We do not warrant that the Software will be uninterrupted or error-free, that it will meet your particular requirements, that its outputs will be accurate or complete, or that defects will be corrected. You are strongly advised to satisfy yourself as to the Software's suitability by using the free preview before purchasing.
08Limitation of liability
To the fullest extent permitted by applicable law, and regardless of the form of action:
- We shall not be liable for any indirect, incidental, special, consequential, punitive or exemplary loss, nor for loss of profit, revenue, business, goodwill, anticipated savings, data, or for costs of substitute software, arising out of or in connection with the Software or this Agreement, even if advised of the possibility of such loss;
- Our total aggregate liability arising out of or in connection with the Software and this Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total licence fees actually paid by you to us in the twelve months preceding the event giving rise to the claim.
Nothing in this Agreement excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or fraudulent misrepresentation.
You accept that the fee charged for the Software reflects this allocation of risk, and that we would not supply the Software on these terms without it.
09Term, renewal and termination
The licence runs for the period stated on your key, beginning on activation. On expiry the Software reverts to the read-only preview state; your data remains intact on your computer and becomes available again as soon as a valid renewal key is entered.
Renewal is optional and is not automatic. There is no subscription, no stored payment method and no recurring charge. You decide whether to buy another term.
We may terminate this Agreement if you materially breach it, in particular by sharing or misusing licence keys. On termination you must cease use of the Software. Fees paid are non-refundable on termination for breach. Sections 6, 7, 8 and 11 survive termination.
10Support and updates
We provide reasonable email support for installation, activation and use of the Software during your licence term, ordinarily responding within one to two business days. Support is provided in English.
We may issue updates or improvements from time to time and will make them available to licensees within their term at no additional charge, but we are under no obligation to develop any particular feature.
11General
Governing law and jurisdiction
This Agreement is governed by the laws of India. The courts at Ahmedabad, Gujarat shall have exclusive jurisdiction over any dispute arising out of or in connection with it, save that we may seek injunctive relief in any competent court to protect our intellectual property.
Entire agreement
This Agreement, together with the Refund Policy and Privacy Policy, constitutes the entire agreement between us regarding the Software and supersedes any prior discussion, proposal or representation.
Changes
We may revise this Agreement for future purchases. The version in force for your licence is the version published on the date your key was issued, and we will not change it retrospectively to your disadvantage during your term.
Severability and waiver
If any provision is found unenforceable, the remainder continues in force. A failure to enforce a right is not a waiver of it.
Contact
Niyantrak Consulting LLP
7/A Raj Rajeshwari Society, Nr. Chandranagar, Narayannagar Road, Paldi, Ahmedabad 380007, Gujarat, India
NiyantrakConsulting@outlook.com