End-User License Agreement (EULA) of Negup Solutions

These terms and conditions were last updated on 12th of February 2019.

This End-User License Agreement ("EULA") is a legal agreement between you and Negup Solutions (OPC) Private Limited ("Negup Solutions")

This EULA agreement governs your acquisition and use of Negup Solutions software ("Software") directly from Negup Solutions or indirectly through a Negup Solutions authorized reseller or distributor (a "Reseller").

Please read this EULA agreement carefully before completing the purchase and installation process and using the Software. It provides a license to use the Software and contains warranty information and liability disclaimers.

If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not purchase or install or use the Software or use our website, and you must not accept this EULA agreement.

Minors or people below 18 years old are not allowed to this EULA agreement.

This EULA agreement shall apply only to the Software or Services supplied by Negup Solutions herewith regardless of whether other software is referred to or described herein. The terms also apply to any Negup Solutions updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.

Website Design & Hosting Limitations

Upon verification of registration, Negup Solutions will create Wordpress website under a subdomain on ismysite.io chosen by you at the time of registration. An appropriate template will be selected and installed according to the category selected.

Content such as any text, images, audio, video or other material is not provided by Negup Solutions. Content added by you, you grant Negup Solutions a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Our hosting packages are designed to host personal or small business websites. It is not intended for large businesses/enterprises. You will be alloted a total of 1GB diskspace. If you require higher hosting/server resources then let Negup Solutions prior to registration.

If you choose to use your domain name, Negup Solutions will provide 2 nameservers which has to be updated on your domain DNS settings.

You will get 1 SSL certificate for your domain/subdomain while you are using our hosting.

Email address not provided in this package.

Negup Solutions has right to reject a registration without requiring to provide a reason.

At the time of agreement termination Negup Solutions will share the complete backup of your published website.

Restrictions

You are not permitted to:

Negup Solutions reserves the right to grant licences to use the Software to third parties.

Fees & Renewal

Fees for using the subdomain, hosting service, email service, wordpress software and SSL certificate is Rs. 1,000 INR per year plus applicable taxes

The license fees and service fees paid by Customer are paid in consideration of the license granted under this EULA. All license fees and service fees are non-refundable.

Negup Solutions will continue to host your content for life provided regular renewal is done on or before expiry of the term.

Failure to renew before the expiry, Negup Solutions will terminate the service.

If any change in renewal fees in future, Negup Solutions will inform you of the change with three month notice.

Free Trail Offer

You will be granted six months of free trial of our software, domain use, hosting & SSL certificate. Thereafter it will cost Rs. 1,000 INR per year plus applicable taxes. This payment needs to be done at the time of renewal, otherwise Negup Solutions will terminate the service.

Under free trail, you are limited to publish maximum of 5 pages on your website and email address will not be provided.

Negup Solutions may serve ads on your pages during free trial.

Proprietary Rights and Third Party Software

Negup Solutions and its licensors retain all copyrights, trade secret rights, patents, trademarks, and any other proprietary rights covering or relating to the Software. Customer acknowledges that the Software is proprietary and confidential information belonging to Negup Solutions and its licensors, and Customer will maintain the confidentiality thereof. Negup Solutions may distribute third party software programs with the Software that are not part of the Software and that Customer must install. These third party programs are subject to their own license terms. If Customer does not agree to abide by the applicable license terms for such third party software programs, then Customer must not install them. A list of the associated third party software programs that may be required or utilized by the Software will be provided on Negup Solutions documentation, and Customer hereby agrees to properly install and abide by the terms and conditions thereof.

Termination

This EULA agreement is effective from the date you received the Software and shall continue until terminated. You may terminate it at any time upon written notice to Negup Solutions or stop using the software.

It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.

Limited Warranty

Software Warranty: Negup Solutions warrants that, with normal use and service, the Software shall materially conform to Negup Solutions then-current published specifications as such published specifications exist at time of delivery of the specific most current release of such Software that is delivered to the Customer for a period of 30 days after the date of delivery (the “Warranty Period”). During the Warranty Period, as Customer’s sole and exclusive remedy, Negup Solutions will provide correction or workaround of reproducible identified problems, including patches, corrective Software releases or other means reasonably determined by Negup Solutions to correct the particular Software’s failure to conform to the warranty, which means may include Customer being required to upgrade to a more current version of such Software, provided that the Customer has notified Negup Solutions in writing of the nature of the non-conformity. This warranty shall not apply if any Software has been (a) modified or altered by anyone other than Negup Solutions, (b) abused or misapplied, or (c) used in combination with hardware or software other than the software programs or products sold by Negup Solutions or expressly qualified by Negup Solutions for which the Software was designed. In no event does Negup Solutions warrant that the use of Software will be error free or uninterrupted. Negup Solutions sole obligation under the software warranty shall be to provide the remedies described above.

Negup Solutions provides no warranty, guarantee or other agreement, whether express, implied, or statutory, in respect of any goods, equipment, hardware, cabling, materials, services, support, products or licensed software supplied by parties other than Negup Solutions or its Affiliates, and bears no responsibility therefor or for services in respect thereof. Third party software provided in connection with the Software hereunder is not Software for the purposes of this EULA.

Warranty Claims: Negup Solutions shall incur no liability under this warranty if Customer fails to provide Negup Solutions with notice of the alleged defect during the applicable Warranty Period. Negup Solutions shall incur no liability under this warranty if Negup Solutions tests disclose that the alleged defect is due to causes not within Negup Solutions reasonable control, including alteration or abuse of the software.

Updates and upgrades are not included as part of the warranty.

Disclaimer

Except for the Warranties stated in section "limited Warranty", The Software is provided “AS IS”, and Negup Solutions disclaims any and all other warranties, whether Express, Implied or Statutory, including but not limited to, any Warranties of Non-infringement. Negup Solutions warranties will not be enlarged, diminished or affected by, and no obligation or liability will arise out of, Negup Solutions rendering technical or other Advice or Service in connection with the software. Customer hereby acknowledges and agrees that in each jurisdiction in which any such disclaimer is unenforceable, the duration of any implied warranty that is not effectively disclaimed will be limited to the warranty period.

Limitation of Liability

To the fullest extent permissible by law, Negup Solutions liability for all claims arising out of or relating to this EULA, whether in contract, tort, or otherwise, shall not exceed the amount of fees paid or payable by customer to Negup Solutions under the applicable license for the particular software from which the claim arises during the six months preceding the claim. In no event shall Negup Solutions be liable for any lost data, lost profits, Business Interruption, Replacement Services or other Special, Incidental, Consequential, Punitive or Indirect Damages, However Caused and regardless of theory of liability.

Intellectual Property and Ownership

Negup Solutions shall at all times retain ownership of the Software as provided to you and all subsequent updates of the Software to you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Negup Solutions.

Infringement & Indemnification

Negup Solutions shall defend, indemnify and hold Customer harmless from and against any claim made, or any suit or proceeding brought against Customer, but only to the extent it is based on an allegation that Software furnished hereunder directly infringes an issued patent or other intellectual property right under the laws of a country in which the Software is actually provided to Customer. If Software is held to infringe and the use enjoined, Negup Solutions shall have the option, at its own expense, to procure for Customer the right to continue using the Software; or replace same with a non-infringing software; or modify such Software so that it becomes non-infringing. If Negup Solutions is unable to provide one of the foregoing remedies, Customer may terminate the license for the applicable Software upon written notice to Negup Solutions. Negup Solutions shall have no liability for any infringement of patents, copyrights, or other intellectual property rights resulting from any Customer content or applications, use of the Software other than as specified in relevant Negup Solutions's documentation, the use or combination of the Software with any hardware, software, products, applications, data or other materials not specified or provided by Negup Solutions, any use of any release of Software other than the most current release made available to Customer, Customer’s continuing allegedly infringing activities after being notified thereof, or to the extent the claims arise from products or services not supplied by Negup Solutions.

The Customer shall (i) promptly notify Negup Solutions in writing of any claim or proceeding for which indemnity is claimed, and (ii) allow Negup Solutions solely to control the defence of any claim, suit or proceeding. Negup Solutions shall not enter into any settlement that imposes liability or obligations on the indemnified party without obtaining the indemnified party’s prior written consent.

Governing Law

This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of India.

Severability and Waiver

If any provision of this EULA is held illegal or unenforceable under applicable law, the remaining provisions of this EULA will remain valid and fully enforceable. No delay or failure to take action under these terms and conditions will constitute a waiver by Negup Solutions unless expressly waived in writing by a duly authorized officer of Negup Solutions.

Modification

Customer may not amend terms and conditions of this EULA without the prior written consent of an authorized officer of Negup Solutions. Negup Solutions may modify the terms governing use of the Software at any time. Notice of such updates will be provided by posting the effective date on Negup Solutions Website. Customer consents to and agrees to be bound by the current terms of use if it continues to use the Software after the effective date of such modified terms of use.