The following definitions shall apply for the scope of these Terms:
Should a Product of Shri Shyam Enterprises be provided to the Customer pursuant to a license which, when fully paid, is to be perpetual, the following shall apply:
Scope of the Standard Terms and Conditions of Business
The standard terms and conditions of business set out below
(hereinafter referred to as "Terms") shall apply to any and all
agreements between Shri Shyam Enterprises, and its Customers concerning
the delivery of its Products and/or Services, in particular, the
provision of Software and its Updates/Upgrades, Managed Services and
the rendering of related Services.
These Terms shall also apply to any and all future agreements between
Shri Shyam Enterprises and the Customer without any further reference to
them. In addition to these Terms, the EULA shall be applicable to any
use of Products and in case of Services; the respective SLA shall be
applicable in addition to these Terms. In case of conflict between
these Terms and the EULA and/or the respective SLA, the provisions of
these Terms shall prevail unless a specific term in a EULA or SLA is
more favorable to Shri Shyam Enterprises.
These Terms shall prevail over any proposed terms and conditions of
the Customer, even if the Customer has communicated its terms and
conditions to Shri Shyam Enterprises unless Shri Shyam Enterprises has
agreed to customer's terms and conditions in ssnexlock.com. These
Terms also apply in cases where Shri Shyam Enterprises Apps provides its
Products and/or Services to the Customer without any reservation
and/or with knowledge of the contradicting or differing terms of the
Customer.
Shri Shyam Enterprises reserves the right to change, update, amend or
modify these Terms at any time. Such changes will be transmitted to
the Customer in ssnexlock.com (email will be sufficient). The
Customer may object to the changes. If the Customer does not object to
the changes or any part thereof, within four (4) weeks after receipt
of a notification (hereinafter referred to as "Objection Period"), the
changes shall be deemed accepted unequivocally by the Customer. If the
Customer objects to the notified changes within the Objection Period,
the agreement will continue on the present Terms or Shri Balaji
Traders may, in its discretion terminate any or all licenses or other
agreements with the Customer. Objections, notifications and other
correspondence from the Customer to Shri Shyam Enterprises shall be sent
to the address at the end of these Terms.
Access - means access to a Service by use of a browser
and with the aid of a Login.
Automatic Renewal - means renewal of a License at the end
of a License Term without added notice. Shri Shyam Enterprises
Apps Freeware - means any and all Products and Services
that are provided to the Customer free of charge.
Shri Shyam Enterprises Shareware - means any and all
Products and Services that are provided to the Customer free of charge
for trial purposes for a limited or unlimited License Term.
Computer - means any device that is able to process data
with the assistance of a programmable calculation specification.
Consumer - means a Consumer and/or Entrepreneur.
Entrepreneur - means any natural person, partnership,
corporation, Limited Liability Company or other legal business entity
that uses the Products or Services of Shri Shyam Enterprises in their or
its business and is not using the Products or Services for personal or
family reasons.
EULA -means the End User License Agreement of the
respective Shri Shyam Enterprises entity that must be accepted by the
Customer before any use of the Products. I (users) agree all the terms
and conditions with Shri Shyam Enterprises ides lot of various different
applications, Apps purpose is for safety and entertainment purpose
only. If any misuse will happened through any Apps of Shri Balaji
Traders then i agree on that i will be only responsible. Shri Balaji
Traders will not be responsible directly or indirectly. I am also
responsible for my data storage and lost of data, Shri Shyam Enterprises
team are not responsible for that. Shri Shyam EnterprisesS application
has limited features only as provided by the Apple guidelines and IOS
limitations in software architecture. Customer or end users having not
any rights to claim for same features in both IOS and Android
Operating system. Shri Shyam Enterprises’s Android and IOS having
different features totally depends on mobile operating systems. It
stipulates the Customer's usage rights for the Products under the
relevant agreement and is available for download on
www.ssnexlock.com
Fee - means the price or the License fee to be paid for
a Product or Service of Shri Shyam Enterprises Apps.
License - means the Customer's right to use the Products
or Services subject to these Terms and in accordance with the EULA or
SLA in effect as at the date of execution of the relevant agreement.
The License shall detail the nature and scope of the Customer's right
to use the Products and/or Services.
For those Shri Shyam Enterprises Products for which an Update Service is
provided, the License shall also detail the Customer's right to
receive ongoing Updates/Upgrades during the License Term for the
provided Software. License Term - means the time period for which Shri
Balaji Traders has granted Customer a License to a Product or Service
and, if applicable to receive Updates and Upgrades. The License Term
commences as soon as the Customer has received a Software Key or
Login.
Login - means entering of identifier information into a
Managed Service by a Customer in order to access that Managed Service.
By sending a Login to a Customer, Shri Shyam Enterprises grants a License
to the Customer to the Managed Service to which the Login applies.
Malware - means any software and any other dataset that
causes damaging or undesirable functions in Computer or in a computer
system of a user.
Managed Service - means a software application managed by
Shri Shyam Enterprises and deployed to Customer over the Internet with
the aid of a Login.
Multiple Use - means the simultaneous storage,
simultaneous retention and any other contemporaneous use of Shri
Balaji Traders Products on several Computers. Such use is only allowed
pursuant to Licenses for Multiple Use for some Shri Shyam Enterprises
products.
One-Time-Code (OTC) - means a sequence of numbers,
letters and/or other symbols that must be entered into the Computer
for some Software of Shri Shyam Enterprises during initial installation.
In such cases, Shri Shyam Enterprises will provide Customer with an OTC.
Upon entering a valid OTC, the Customer shall receive the Software
Key, and the License Term for that Software shall commence.
Product - means Shri Shyam Enterprises Software including
any applicable Update Service and user handbooks or other goods
provided by Shri Shyam Enterprises.
Reseller - means a Customer to whom Products or Services
are provided expressly for the purpose of resale.
Service - means Managed Service or other related services
provided by Shri Shyam Enterprises Apps.
SLA - means the Service Level Agreement of the respective
Shri Shyam Enterprises entity that must be accepted by the Customer
before any use of the Services. It defines the Customer's rights of
use for the respective Services under the relevant agreement and is
available for download on ssnexlock.com.
Software - means Shri Shyam Enterprises computer programs in
object code format, including any and all Updates and Upgrades thereof
that Shri Shyam Enterprises makes available and for which Shri Balaji
Traders Apps has granted a License to a Customer.
Software Key -means an encrypted code that identifies the
Software provided to Customer by Shri Shyam Enterprises and is necessary
for installation and access to Updates/Upgrades. The Software Key is
an integral component of the Software. By sending a Software Key, Shri
Balaji Traders grants the Customer the License to the Software to
which the Software Key applies.
Support -means a Service which Shri Shyam Enterprises offers
to Customers seeking help desk support for Products or Services.
Updates and Upgrades -
mean the updating of the Software. Classification of the updating as
an Update or Upgrade is at Shri Shyam Enterprises Apps’s sole discretion.
Update Service -
means the ongoing updating of Software through Updates and/or Upgrades
and providing such Updates and Upgrades to the Customer by Shri Balaji
Traders. Some Software requires the Update Service for functional use.
Shri Shyam Enterprises may at its sole discretion render and designate
services under its Update Service as an Update or Upgrade.
Offer and Acceptance of the Agreement The presentation of Shri Balaji
Traders’s Products and Services on the internet and in prospectuses,
catalogues and brochures is for informational purposes only and shall
not provide an express or implied warranty nor any binding offer from
Shri Shyam Enterprises but, rather, shall constitute an opportunity for
the Customer to learn information and to prepare to make a binding
contractual offer in the form of an order.
A legally binding agreement between Shri Shyam Enterprises and the
Customer shall be concluded only if the Customer places an order and
Shri Shyam Enterprises accepts such order by way of a written order
confirmation (email is sufficient) or by providing one or more
Products and/or Services to the Customer, (e.g. per download or by
provision of a Login).
Any and all orders accepted by Shri Shyam Enterprises are subject to
these Terms and the applicable EULA and/or applicable SLA.
Should the Customer be entitled to withdraw from or terminate an
agreement based on any applicable statutory withdrawal right and
should the Customer exercise this right within the relevant statutory
period, the relevant EULA and/or SLA shall terminate at the same time.
In case of such withdrawal or termination, Shri Shyam Enterprises Apps
will refund the Customer any fees on a pro-rata basis that have
already been paid for the respective Product or Service according to
any applicable statutory provisions.
Any deviations from or modifications to these Terms must be expressly
agreed to between the parties in ssnexlock.com.
Offer and Acceptance of the Agreement The presentation of Shri Balaji
Traders’s Products and Services on the internet and in prospectuses,
catalogues and brochures is for informational purposes only and shall
not provide an express or implied warranty nor any binding offer from
Shri Shyam Enterprises but, rather, shall constitute an opportunity for
the Customer to learn information and to prepare to make a binding
contractual offer in the form of an order.
A legally binding agreement between Shri Shyam Enterprises and the
Customer shall be concluded only if the Customer places an order and
Shri Shyam Enterprises accepts such order by way of a written order
confirmation (email is sufficient) or by providing one or more
Products and/or Services to the Customer, (e.g. per download or by
provision of a Login).
Any and all orders accepted by Shri Shyam Enterprises are subject to
these Terms and the applicable EULA and/or applicable SLA.
Should the Customer be entitled to withdraw from or terminate an
agreement based on any applicable statutory withdrawal right and
should the Customer exercise this right within the relevant statutory
period, the relevant EULA and/or SLA shall terminate at the same time.
In case of such withdrawal or termination, Shri Shyam Enterprises will
refund the Customer any fees on a pro-rata basis that have already
been paid for the respective Product or Service according to any
applicable statutory provisions.
Any deviations from or modifications to these Terms must be expressly
agreed to between the parties in ssnexlock.com.
The EULAs and SLAs that are concluded subject to these Terms shall define the Customer's rights to use Shri Shyam Enterprises Apps Products and/or Services in accordance with these Terms and the applicable EULA and/or SLA. Upon payment of the agreed Fee, the Customer shall be granted such use rights.
For Software for which an Update Service is available, the License shall include:
A non-exclusive, non-transferable (with the exception of clause 5.
below) right to use the Software without added charge for the License
Term, and A right to access the Update Service during the License Term
as paid for.
For Managed Services and Software for which no Update Service is
provided, the License shall include a non-exclusive, non-transferable
(with the exception of clause 5. below) right to use the Managed
Services or the Software during the License Term as paid for.
Title in and to the Products and Services, and any and all other
rights, including, but not limited to the rights of publication,
reproduction, processing, translation and other exploitation rights,
shall be retained by Shri Shyam Enterprises.
After an agreement has been withdrawn, rescinded or terminated, the
Customer's License for the Products or Services shall automatically
terminate and Customer shall have no further right of Access to or use
of the Product or Services. The Customer shall receive no further
Updates/Upgrades from Shri Shyam Enterprises.
The Customer shall dispose of all Software, in particular, the
original data media, any backup copies and the Software data files
stored on its Computer system. Shri Shyam Enterprises may demand a
written confirmation by the Customer declaring that all Software has
been deleted in full.
Software has a specific product lifecycle that governs the operating
systems with which the Software is compatible and how long the
Software will be supported by Shri Shyam Enterprises. Software is
possibly not compatible with operating systems that are not specified
in the product lifecycle or once the support period has expired.
Therefore, the product lifecycle constitutes therefore an integral
part of the relevant agreement and is published on ssnexlock.com.
Provisions for the use of Software and Managed Service:
In using the Software and/or Managed Service, the Customer shall at
all times comply with these Terms and Conditions as well as the terms
of the EULA and/or SLA applicable at the time of execution of this
agreement. In particular, the Software must not be reproduced,
transferred or decompiled (i.e. recompilation into the source code),
unless expressly permitted by the EULA or permitted according to law.
If the Customer wishes to reverse engineer, decompile or disassemble
the Software (hereinafter referred to as "De-compilation") for the
purpose of achieving interoperability with other computer programs if
allowed by law, the Customer shall contact Shri Shyam Enterprises before
De-compilation of the Software and request the provision of the
information necessary for the achievement of such interoperability. If
Shri Shyam Enterprises Apps supplies such information concerning
interoperability without undue delay, the Customer shall not be
entitled to decompile the Software. Software for which no special
Licenses for Multiple Use are available according to the relevant
product information is restricted to use on one Computer by a
Customer. For this purpose, the Customer may use any available
Computer that meets the system requirements and for which the License
was granted. Should the Customer change the Computer, the Software
must be deleted from the Computer on which the Software was previously
installed before the reinstallation of the Software on a different
Computer. For Software whose product information provides special
Licenses for Multiple Use, Multiple Use shall be permissible only if,
and to the extent that, the Customer purchased and was granted the
relevant type or number of Licenses by Shri Shyam Enterprises.
Unless explicitly granted in the applicable License, Customer shall
not have the right to access Managed Services by simultaneous or
multiple use of the same Login. Shri Shyam Enterprises reserves all
rights to bring an action to prohibit or stop any unauthorized use of
Products and/or Services by the Customer, including but not limited
to, claims for injunctive relief and damages. Unauthorized use by the
Customer may lead to criminal prosecution under the relevant laws.
Reference is also made to the supplementary terms and conditions of
use under the applicable EULA and/or the SLA. Special provisions for
Resellers If Products and/or Services are provided to a Reseller, the
Reseller may transfer the License to a third party. In the event of a
resale, the serial numbers issued by Shri Shyam Enterprises (e.g. License
numbers, OTCs or Logins) shall be stated in the invoice.
Special provisions for Resellers If Products and/or Services are
provided to a Reseller, the Reseller may transfer the License to a
third party. In the event of a resale, the serial numbers issued by
Shri Shyam Enterprises Apps (e.g. License numbers, OTCs or Logins) shall
be stated in the invoice.
The Reseller shall not grant to its Customers any rights in the
Products and/or Services that are different from, or greater than,
those permitted pursuant to these Terms and Conditions, a EULA and/or
an SLA. The Reseller shall not reproduce the Products and/or Services
in whole or in part, including for purposes of data backup. The
parties acknowledge that damages resulting from a breach of this
clause by Reseller are difficult to determine and/or quantify.
Therefore, for each breach of the foregoing provisions of this clause
5, and without prejudice to Shri Shyam Enterprises’s right to seek other
remedies at law or in equity the Reseller shall pay to Shri Balaji
Traders liquidated damages in the amount of USD 20,000. Additional
claims by Shri Shyam Enterprises resulting from the breach of these
provisions remain unaffected. Such liquidated damages will be set off
against any other damage awards to Shri Shyam Enterprises Apps resulting
from the breach.
The Reseller shall not reproduce the Products and/or Services in whole
or in part, including for purposes of data backup. The parties
acknowledge that damages resulting from a breach of this clause by
Reseller are difficult to determine and/or quantify. Therefore, for
each breach of the foregoing provisions of this clause 5, and without
prejudice to Shri Shyam Enterprises’s right to seek other remedies at law
or in equity the Reseller shall pay to Shri Shyam Enterprises liquidated
damages in the amount of USD 20,000. Additional claims by Shri Balaji
Traders resulting from the breach of these provisions remain
unaffected. Such liquidated damages will be set off against any other
damage awards to Shri Shyam Enterprises Apps resulting from the breach.
Shri Shyam Enterprises terms & Conditions will be applicable for all
the Apps offered by Shri Shyam Enterprises.
Shri Shyam Enterprises delivery obligations shall be governed only by
(i) Shri Shyam Enterprises order confirmation, (ii) these Terms,
(iii) the EULA and/or the SLA (as applicable) unless explicitly agreed
otherwise between the parties in ssnexlock.com. Shri Balaji
Traders Apps may render partial deliveries where a partial delivery is
reasonable for the Customer and does not significantly impair the
Customer's interests. Deviations of the delivered Products and/or
Services from documentation shall be permitted provided that they are
reasonable and that the performance of the Products or Services is not
materially, adversely affected. Shri Shyam Enterprises reserves the right
to make technical changes to the Products and/or Services which
enhance their operability and performance or which are necessary for
the operability of the Products and/or Services.
Deviations of
the delivered Products and/or Services from documentation shall be
permitted provided that they are reasonable and that the performance
of the Products or Services is not materially, adversely affected.
Shri Shyam Enterprises reserves the right to make technical changes to
the Products and/or Services which enhance their operability and
performance or which are necessary for the operability of the Products
and/or Services. Should Products and/or Services licensed by Customer
be replaced by new Products and/or Services in Shri Shyam Enterprises’s
product line, and such new Products and/or Services perform as well or
better than the Products and/or Services ordered by Customer, then
Shri Shyam Enterprises has Deviations of the delivered Products and/or
Services from documentation shall be permitted provided that they are
reasonable and that the performance of the Products or Services is not
materially, adversely affected. Shri Shyam Enterprises reserves the right
to make technical changes to the Products and/or Services which
enhance their operability and performance or which are necessary for
the operability of the Products and/or Services.
Should Products and/or Services licensed by Customer be replaced by
new Products and/or Services in Shri Shyam Enterprises Apps’s product
line, and such new Products and/or Services perform as well or better
than the Products and/or Services ordered by Customer, then Shri
Balaji Traders has the right to deliver such new Products and/or
Services instead of the ordered Products Should Products and/or
Services licensed by Customer be replaced by new Products and/or
Services in Shri Shyam Enterprises Apps’s product line, and such new
Products and/or Services perform as well or better than the Products
and/or Services ordered by Customer, then Shri Shyam Enterprises has
Deviations of the delivered Products and/or Services from
documentation shall be permitted provided that they are reasonable and
that the performance of the Products or Services is not materially,
adversely affected. Shri Shyam Enterprises reserves the right to make
technical changes to the Products and/or Services which enhance their
operability and performance or which are necessary for the operability
of the Products and/or Services.
Should Products and/or Services licensed by Customer be replaced by
new Products and/or Services in Shri Shyam Enterprises Apps’s product
line, and such new Products and/or Services perform as well or better
than the Products and/or Services ordered by Customer, then Shri
Balaji Traders has the right to deliver such new Products and/or
Services instead of the ordered Products and/or Services. Should
Products and/or Services of Shri Shyam Enterprises be shipped at the
Customer's request, the risk for damage and loss shall pass to the
Customer upon release for shipment by Shri Shyam Enterprises. In the
event of receipt of Software by download, risk shall pass to the
Customer as soon as Customer has received the necessary Software Key.
Should Shri Shyam Enterprises’s performance be delayed beyond the date
confirmed by Shri Shyam Enterprises Apps, claims for late performance may
only be asserted following the expiry of a reasonable grace period of
no less than three weeks set by the Customer. Should Shri Balaji
Traders be in default of its delivery obligations or should delivery
become impossible for Shri Shyam Enterprises, Shri Shyam Enterprises Apps
shall only be liable pursuant to clauses 10 and 11 below. If timely
delivery is prevented by circumstances that are not just temporary and
that do not fall within Shri Shyam Enterprises’s control (in particular,
in the event of strike, lock-out, unavailability of materials, force
majeure, transport hindrances, plant closures or unavailability of
internet connection), Shri Shyam Enterprises or the Customer may, upon
ten (10) days written notice, rescind this agreement without giving
rise to any obligation to the other party.
Should Products and/or Services of Shri Shyam Enterprises be shipped at
the Customer's request, the risk for damage and loss shall pass to the
Customer upon release for shipment by Shri Shyam Enterprises. In the
event of receipt of Software by download, risk shall pass to the
Customer as soon as Customer has received the necessary Software Key.
Should Shri Shyam Enterprises’s performance be delayed beyond the date
confirmed by Shri Shyam Enterprises Apps, claims for late performance may
only be asserted following the expiry of a reasonable grace period of
no less than three weeks set by the Customer. Should Shri Balaji
Traders be in default of its delivery obligations or should delivery
become impossible for Shri Shyam Enterprises, Shri Shyam Enterprises Apps
shall only be liable pursuant to clauses 10 and 11 below. If timely
delivery is prevented by circumstances that are not just temporary and
that do not fall within Shri Shyam Enterprises’s control (in particular,
in the event of strike, lock-out, unavailability of materials, force
majeure, transport hindrances, plant closures or unavailability of
internet connection), Shri Shyam Enterprises or the Customer may, upon
ten (10) days written notice, rescind this agreement without giving
rise to any obligation to the other party.
Remuneration and payment terms Unless expressly agreed otherwise, Shri
Balaji Traders’s Fees are net free place of shipment, and all shipping
costs, in particular, packaging, transport costs and transport
insurance, as well as applicable statutory value added tax - if any -
shall be paid by the Customer. Payments shall be due immediately
without any deductions. Bills of exchange and checks shall be accepted
by Shri Shyam Enterprises only pursuant to a special agreement between
the parties and only if these methods of payment do not give rise to
any costs and fees for Shri Shyam Enterprises. If the Customer defaults
in payments, Shri Shyam Enterprises may demand agreed upon or statutory
default interest for all past due sums without further notice.
Payments shall be due immediately without any deductions. Bills of
exchange and checks shall be accepted by Shri Shyam Enterprises only
pursuant to a special agreement between the parties and only if these
methods of payment do not give rise to any costs and fees for Shri
Balaji Traders.
If the Customer defaults in payments, Shri Shyam Enterprises may demand
agreed upon or statutory default interest for all past due sums
without further notice.
Payments shall be due immediately without any deductions.
Bills of exchange and checks shall be accepted by Shri Shyam Enterprises
only pursuant to a special agreement between the parties and only if
these methods of payment do not give rise to any costs and fees for
Shri Shyam Enterprises.
If the Customer defaults in payments, Shri Shyam Enterprises may demand
agreed upon or statutory default interest for all past due sums
without further notice. Unless expressly agreed otherwise, Shri Balaji
Traders Apps’s Fees are net free place of shipment, and all shipping
costs, in particular, packaging, transport costs and transport
insurance, as well as applicable statutory value added tax - if any -
shall be paid by the Customer. Payments shall be due immediately
without any deductions. Bills of exchange and checks shall be accepted
by Shri Shyam Enterprises only pursuant to a special agreement between
the parties and only if these methods of payment do not give rise to
any costs and fees for Shri Shyam Enterprises. If the Customer defaults
in payments, Shri Shyam Enterprises may demand agreed upon or statutory
Payments shall be due immediately without any deductions.
Bills of exchange and checks shall be accepted by Shri Shyam Enterprises
only pursuant to a special agreement between the parties and only if
these methods of payment do not give rise to any costs and fees for
Shri Shyam Enterprises.
If the Customer defaults in payments, Shri Shyam Enterprises may demand
agreed upon or statutory Unless expressly agreed otherwise, Shri
Balaji Traders’s Fees are net free place of shipment, and all If the
Customer defaults in payments, Shri Shyam Enterprises may demand agreed
upon or statutory Payments shall be due immediately without any
deductions. Bills of exchange and checks shall be accepted by Shri
Balaji Traders only pursuant to a special agreement between the
parties and only if these methods of payment do not give rise to any
costs and fees for Shri Shyam Enterprises.
If the Customer defaults in payments, Shri Shyam Enterprises may demand
agreed upon or statutory Unless expressly agreed otherwise, Shri
Balaji Traders’s Fees are net free place of shipment, and all If the
Customer defaults in payments, Shri Shyam Enterprises may demand agreed
upon or statutory If the Customer defaults in payments, Shri Balaji
Traders may demand agreed upon or statutory Unless expressly agreed
otherwise, Shri Shyam Enterprises’s Fees are net free place of shipment,
and all If the Customer defaults in payments, Shri Shyam Enterprises may
demand agreed upon or statutory Payments shall be due immediately
without any deductions. Bills of exchange and checks shall be accepted
by Shri Shyam Enterprises only pursuant to a special agreement between
the parties and only if these methods of payment do not give rise to
any costs and fees for Shri Shyam Enterprises.
If the Customer defaults in payments, Shri Shyam Enterprises may demand
agreed upon or statutory Unless expressly agreed otherwise, Shri
Balaji Traders’s Fees are net free place of shipment, and all If the
Customer defaults in payments, Shri Shyam Enterprises may demand agreed
upon or statutory Payments shall be due immediately without any
deductions. Bills of exchange and checks shall be accepted by Shri
Balaji Traders only pursuant to a special agreement between the
parties and only if these methods of payment do not give rise to any
costs and fees for Shri Shyam Enterprises.
If the Customer defaults in payments, Shri Shyam Enterprises may demand
agreed upon or statutory Unless expressly agreed otherwise, Shri
Balaji Traders’s Fees are net free place of shipment, and all shipping
costs, in particular, packaging, transport costs and transport
insurance, as well as applicable statutory value added tax - if any -
shall be paid by the Customer.
Payments shall be due immediately without any deductions. Bills of
exchange and checks shall be accepted by Shri Shyam Enterprises only
pursuant to a special agreement between the parties and only if these
methods of payment do not give rise to any costs and fees for Shri
Balaji Traders.
If the Customer defaults in payments, Shri Shyam Enterprises may demand
agreed upon or statutory default interest for all past due sums
without further notice.
IF the Customer defaults in payment, then Shri Shyam Enterprises may
withhold all deliveries to the Customer, including Updates and
Upgrades. Customer should carefully note the consequences of a failure
to install Updates/Upgrades, in particular, that the protective
function of the Software may be impaired.
The Customer may only set off against claims of Shri Shyam Enterprises if
the Customer's particular claims are uncontested or confirmed in a
final and binding judgment and only insofar as its counterclaims are
based on the same legal relationship between the parties. Customer
should carefully note the consequences of a failure to install
Updates/Upgrades, in particular, that the protective function of the
Software may be impaired. The Customer may only set off against claims
of Shri Shyam Enterprises if the Customer's particular claims are
uncontested or confirmed in a final and binding judgment and only
insofar as its counterclaims are based on the same legal relationship
between the parties.
The Customer may only set off against claims of Shri Shyam Enterprises if
the Customer's particular claims are uncontested or confirmed in a
final and binding judgment and only insofar as its counterclaims are
based on the same legal relationship between the parties.
Customer should carefully note the consequences of a failure to
install Updates/Upgrades, in particular, that the protective function
of the Software may be impaired.
The Customer may only set off against claims of Shri Shyam Enterprises if
the Customer's particular claims are uncontested or confirmed in a
final and binding judgment and only insofar as its counterclaims are
based on the same legal relationship between the parties.
The Customer may only set off against claims of Shri Shyam Enterprises if
the Customer's particular claims are uncontested or confirmed in a
final and binding judgment and only insofar as its counterclaims are
based on the same legal relationship between the parties.
Customer should carefully note the consequences of a failure to
install Updates/Upgrades, in particular, that the protective function
of the Software may be impaired.
The Customer may only set off against claims of Shri Shyam Enterprises if
the Customer's particular claims are uncontested or confirmed in a
final and binding judgment and only insofar as its counterclaims are
based on the same legal relationship between the parties.
Proper use of the Software requires receipt of a Software Key from
Shri Shyam Enterprises or one of its authorized Resellers and Customer's
installation of all Updates/Upgrades for the respective Software by
Customer. If the Customer has not installed the current
Updates/Upgrades of Shri Shyam Enterprises, the Software's protection
against computer viruses and other Malware may be materially impaired.
Installation of the Software and its Updates/Upgrades as well as
regular downloading of the full and current Updates/Upgrades shall be
the Customer's sole responsibility.
The Customer shall familiarize itself with the key functions of the
Software or Service. The Customer shall bear the entire risk as to
whether the Software or Service meets the individual requirements and
needs of the Customer. The setup of a functional hardware and software
environment for the Software or Service shall be the sole
responsibility of the Customer. The same shall apply to regular data
backup within the Customer's EDP system.
The Customer shall comply with Shri Shyam Enterprises’s advice and
instructions concerning installation of the Software, the updating
thereof by Updates/Upgrades and its operation. The Customer shall
regularly consult Shri Shyam Enterprises website (ssnexlock.com) to
learn Shri Shyam Enterprises current advice and shall take this into
account while operating the Software.
The Customer shall install the Software at its own cost.
This shall also be the case if certain Updates/Upgrades and releases
require a new installation of the Software during the License Term.
The Customer shall promptly notify Shri Shyam Enterprises of any alleged
or potential defects in the The Customer shall promptly notify Shri
Balaji Traders of any alleged or potential defects in the Products
and/or Services provided. The Customer shall notify Shri Balaji
Traders Apps without undue delay of any changes to its email address
or contact information in order for Shri Shyam Enterprises to be able to
send the Customer security-relevant information for the use of the
Software or Services. Shri Shyam Enterprises shall not be liable for any
damages resulting from Customer's failure to provide such
notification. The Customer shall promptly notify Shri Shyam Enterprises
Apps of any alleged or potential defects in the Products and/or
Services provided. The Customer shall notify Shri Shyam Enterprises
without undue delay of any changes to its email address or contact
information in order for Shri Shyam Enterprises to The Customer shall
promptly notify Shri Shyam Enterprises of any alleged or potential
defects in the Products and/or Services provided. The Customer shall
notify Shri Shyam Enterprises Apps without undue delay of any changes to
its email address or contact information in order for Shri Balaji
Traders to be able to send the Customer security-relevant information
for the use of the Software or Services. Shri Shyam Enterprises shall not
be liable for any damages resulting from Customer's failure to provide
such notification.
The Customer shall promptly notify Shri Shyam Enterprises of any alleged
or potential defects in the Products and/or Services provided.
The Customer shall notify Shri Shyam Enterprises without undue delay of
any changes to its email address or contact information in order for
Shri Shyam Enterprises to be able to send the Customer security-relevant
information for the use of the Software or Services.
Shri Shyam Enterprises shall not be liable for any damages
resulting from Customer's failure to provide such notification.
Unless expressly agreed otherwise, the Products provided by Shri
Balaji Traders as well as Shri Shyam Enterprises Apps Services shall
reasonably conform to all material product information and
specifications provided by Shri Shyam Enterprises, including that in the
user handbooks. Shri Shyam Enterprises Apps does not warrant that the
Products and Services under the agreement will be fit for any
particular purpose. The Customer is advised and understands that,
based on the current state of the art, technology program errors
cannot be excluded from a Software Product or Service with complete
certainty and that it is not possible to develop Software or Services
that detect The Customer is advised and understands that, based on the
current state of the art, technology program errors cannot be excluded
from a Software Product or Service with complete certainty and that it
is not possible to develop Software or Services that detect The
Customer is advised and understands that, based on the current state
of the art, technology program errors cannot be excluded from a
Software Product or Service with complete certainty and that it is not
possible to develop Software or Services that detect any and all
existing viruses or other Malware. FAILURE TO INSTALL UPDATES OR
UPGRADES AS PROVIDED WILL VOID ANY WARRANTIES HERE UNDER.
FAILURE TO INSTALL UPDATES OR UPGRADES AS PROVIDED WILL VOID ANY
WARRANTIES HERE UNDER. Customer agrees and warrants that the Products
shall not be used in high risk pursuits that require error-free,
permanent operation of systems and in which the failure of the
Products may result in harm to an individual’s life, body or health or
in substantial damage to property or the environment (such as high
risk activities and high availability activities, including but not
limited to the operation of nuclear facilities, weapon systems,
aviation navigation or communication systems, air traffic control,
life support systems and equipment, machine and production processes
of pharmaceuticals and food production).
Shri Shyam Enterprises does not warrant or guarantee that the Products
are fit for use in these, or other, high risk areas. If the Customer
is an Entrepreneur and Shri Shyam Enterprises has provided the Customer
with the Product pursuant to a perpetual, fully paid license, then
defects in the provided Products, shall be rectified by Shri Balaji
Traders, as follows, provided the Customer has notified Shri Balaji
Traders of the respective defect promptly Notified errors shall be
rectified by Shri Shyam Enterprises Apps choice If the Customer is an
Entrepreneur and Shri Shyam Enterprises has provided the Customer with
the Product pursuant to a perpetual, fully paid license, then defects
in the provided Products, shall be rectified by Shri Shyam Enterprises,
as follows, provided the Customer has notified Shri Shyam Enterprises of
the respective defect promptly Notified errors shall be rectified by
Shri Shyam Enterprises Apps choice through correction of the error
("repair") or provision of an error-free Product ("substitute If the
Customer is an Entrepreneur and Shri Shyam Enterprises has provided the
Customer with the Product pursuant to a perpetual, fully paid license,
then defects in the provided Products, shall be rectified by Shri
Balaji Traders, as follows, provided the Customer has notified Shri
Balaji Traders Apps of the respective defect promptly Notified errors
shall be rectified by Shri Shyam Enterprises Apps choice through
correction of the error ("repair") or provision of an error-free
Product ("substitute delivery").
Costs for correction shall be borne by Shri Shyam Enterprises.
If the Customer is an Entrepreneur and Shri Shyam Enterprises has
provided the Customer with the Product pursuant to a perpetual, fully
paid license, then defects in the provided Products, shall be
rectified by Shri Shyam Enterprises, as follows, provided the Customer
has notified Shri Shyam Enterprises of the respective defect promptly
Notified errors shall be rectified by Shri Shyam Enterprises choice
through correction of the error ("repair") or provision of an
error-free Product ("substitute delivery"). Costs for correction shall
be borne by Shri Shyam Enterprises.
If the defects cannot be corrected within a reasonable period or if
repair and substitute delivery fail for other reasons, then the
Customer may, at its choice, reduce the Fee paid to Shri Balaji
Traders pro rata or - if the defects are not immaterial - terminate
the agreement. Any damage claims of a Customer or claims for expenses
incurred that arise from such defects shall be governed exclusively by
clause 11. If Shri Shyam Enterprises has provided a Customer with the
Product pursuant to a fully paid license for a specific term, for one
year after commencement of the License Term defects in the Product
shall be rectified by Shri Shyam Enterprises within a reasonable period
after notification of the defect.
The rectification of defects shall be effected, at Shri Balaji
Traders’s choice, by way of repair or substitute delivery, free of
charge. If the defects cannot be corrected within a reasonable period
or if repair and substitute delivery fail for other reasons, then the
Customer may, at its choice, reduce the Fee paid to Shri Balaji
Traders pro rata or - if the defects are not immaterial - terminate
the agreement. Any damage claims of a Customer or claims for expenses
incurred that arise from such defects shall be governed exclusively by
clause 11.
If Shri Shyam Enterprises has provided a Customer with the Product
pursuant to a fully paid license for a specific term, for one year
after commencement of the License Term defects in the Product shall be
rectified by Shri Shyam Enterprises within a reasonable period after
notification of the defect.
The rectification of defects shall be effected, at Shri Balaji
Traders’s choice, by way of repair or substitute delivery, free of
charge.
If the defects cannot be corrected within a reasonable period or if
repair and substitute delivery fail for other reasons, then the
Customer may, at its choice, reduce the Fee paid to Shri Balaji
Traders pro rata or - if the defects are not immaterial - terminate
the agreement.
Any damage claims of a Customer or claims for expenses incurred that
arise from such defects shall be governed exclusively by clause 11.
If Shri Shyam Enterprises has provided a Customer with the Product
pursuant to a fully paid license for a specific term, for one year
after commencement of the License Term defects in the Product shall be
rectified by Shri Shyam Enterprises within a reasonable period after
notification of the defect.
The rectification of defects shall be effected, at Shri Balaji
Traders’s choice, by way of repair or substitute delivery, free of
charge.
The Customer is only entitled to terminate the agreement due to the
failure to grant use in accordance with the agreement if Shri Balaji
Traders has been given sufficient opportunity to rectify the defect
and such attempt has failed.
A repair or substitute delivery shall be viewed to have failed only if
Shri Shyam Enterprises has been given sufficient opportunity to affect a
repair or substitution without achieving the desired result or if the
repair or substitution was unjustifiably refused by Shri Balaji
Traders. If rectification of a defect in the form of repair or
subsequent delivery is only possible for Shri Shyam Enterprises at
unreasonable expenses, Shri Shyam Enterprises may refuse to rectify the
defect and may afford the Customer to its right to rescind or
terminate the agreement.
No warranty is provided for Shri Shyam Enterprises Freeware or other
Products and/or Services provided by Shri Shyam Enterprises free of
charge, except for the operability of the Computer Program
hereinafter.
The same shall apply for Shri Shyam Enterprises Shareware, as long as
there is no agreement with the Customer for the unconditional
provision of a Software Key or Login No warranty is provided for Shri
Balaji Traders Apps Freeware or other Products and/or Services
provided by Shri Shyam Enterprises free of charge, except for the
operability of the Computer Program hereinafter. The same shall apply
for Shri Shyam Enterprises Apps Shareware, as long as there is no
agreement with the Customer for the unconditional provision of a
Software Key or Login No warranty is provided for Shri Shyam Enterprises
Freeware or other Products and/or Services provided by Shri Balaji
Traders free of charge, except for the operability of the Computer
Program hereinafter.
The same shall apply for Shri Shyam Enterprises Shareware, as long as
there is no agreement with the Customer for the unconditional
provision of a Software Key or Login against payment. In no event
shall any Customer ever be entitled to access, or demand access to the
source code for the Software and/or Managed Services. The Customer
shall notify Shri Shyam Enterprises without undue delay if a third party
asserts claims against the Customer based on infringement of
intellectual property rights by the Product and/or Managed Services.
Should there be any such notification, whether in written documents or
correspondence or in other form, the Customer shall provide these to
Shri Shyam Enterprises without undue delay.
Shri Shyam Enterprises liability for Customer losses due to such
infringement is limited to the cost of the In no event shall any
Customer ever be entitled to access, or demand access to the source
code for the Software and/or Managed Services.
The Customer shall notify Shri Shyam Enterprises without undue delay if a
third party asserts claims against the Customer based on infringement
of intellectual property rights by the Product and/or Managed
Services.
Should there be any such notification, whether in written documents or
correspondence or in other form, the Customer shall provide these to
Shri Shyam Enterprises without undue delay.
Shri Shyam Enterprises liability for Customer losses due to such
infringement is limited to the cost of the In no event shall any
Customer ever be entitled to access, or demand access to the source
code for the Software and/or Managed Services.
The Customer shall notify Shri Shyam Enterprises without undue delay if a
third party asserts claims against the Customer based on infringement
of intellectual property rights by the Product and/or Managed
Services.
Should there be any such notification, whether in written documents or
correspondence or in other form, the Customer shall provide these to
Shri Shyam Enterprises without undue delay. Shri Shyam Enterprises liability
for Customer losses due to such infringement is limited to the cost of
the software or services provided by Shri Shyam Enterprises.
If the Customer is an Entrepreneur and the product of Shri Balaji
Traders is the subject of a perpetual license, the Customer's warranty
claims for defects of the product lapse after one year from the
commencement of the License Term.
Shri Shyam Enterprises shall only be liable for any of the Customer's
damages resulting from grossly negligent or intentional behavior of
Shri Shyam Enterprises, and shall be limited to any amounts paid to Shri
Balaji Traders by Customer during the twelve months immediately
preceding the Customer's claim.
If the Products or Services are provided by Shri Shyam Enterprises for a
limited period of time, Shri Shyam Enterprises Apps liabilities for
defects expire at the time of the termination of the agreement.
The foregoing limitations of liability also apply to all Shri Balaji
Traders representatives, including but not limited to its directors,
legal representatives, employees and other vicarious agents.
Retention of title, transfer by way of security Shri Shyam Enterprises
shall retain title in such Product(s) and goods as parts of Services
until full payment.
Should the Customer fail to pay, then Shri Shyam Enterprises may demand
return of the Product(s). The Terms providing that the Customer
acquires no title, including but not limited to the title stipulated
in clause 4 above, shall remain unaffected by this clause.
Should the Customer sell the Products and Services provided by Shri
Balaji Traders before the Customer has itself paid the Fee to Shri
Balaji Traders, the Customer and Shri Shyam Enterprises agree that the
receivables from the resale shall be assigned to Shri Shyam Enterprises.
Should the Products and Services be provided together with other
items, the assignment of the receivables shall be limited to the value
of Shri Shyam Enterprises Products and Services? Shri Shyam Enterprises Apps
may disclose the assignment or demand that the Customer notifies the
debtor of such assignment.
The Customer shall formally assign the receivables if still necessary
at any time at Shri Shyam Enterprises Apps request.
Should the Customer sell the Products and Services provided by Shri
Balaji Traders before the Customer has itself paid the Fee to Shri
Balaji Traders, the Customer and Shri Shyam Enterprises agree that the
receivables from the resale shall be assigned to Shri Shyam Enterprises.
Should the Products and Services be provided together with other
items, the assignment of the receivables shall be limited to the value
of Shri Shyam Enterprises Products and Services? Shri Shyam Enterprises Apps
may disclose the assignment or demand that the Customer notifies the
debtor of such assignment.
The Customer shall formally assign the receivables if still necessary
at any time at Shri Shyam Enterprises Apps request.
Should the Customer sell the Products and Services provided by Shri
Balaji Traders before the Customer has itself paid the Fee to Shri
Balaji Traders, the Customer and Shri Shyam Enterprises agree that the
receivables from the resale shall be assigned to Shri Shyam Enterprises.
Should the Products and Services be provided together with other
items, the assignment of the receivables shall be limited to the value
of Shri Shyam Enterprises Products and Services? Shri Shyam Enterprises Apps
may disclose the assignment or demand that the Customer notifies the
debtor of such assignment.
The Customer shall formally assign the receivables if still necessary
at any time at Shri Shyam Enterprises Apps request.
Should the Customer sell the Products and Services provided by Shri
Balaji Traders before the Customer has itself paid the Fee to Shri
Balaji Traders, the Customer and Shri Shyam Enterprises agree that the
receivables from the resale shall be assigned to Shri Shyam Enterprises.
Should the Products and Services be provided together with other
items, the assignment of the receivables shall be Should the Customer
sell the Products and Services provided by Shri Shyam Enterprises before
the Customer has itself paid the Fee to Shri Shyam Enterprises, the
Customer and Shri Shyam Enterprises Apps agree that the receivables from
the resale shall be assigned to Shri Shyam Enterprises.
Should the Products and Services be provided together with other
items, the assignment of the receivables shall be limited to the value
of Shri Shyam Enterprises Products and Services? Shri Shyam Enterprises Apps
may disclose the assignment or demand that the Customer notifies the
debtor of such assignment.
The Customer shall formally assign the receivables if still necessary
at any time at Shri Shyam Enterprises Apps request.
Should the Customer sell the Products and Services provided by Shri
Balaji Traders before the Customer has itself paid the Fee to Shri
Balaji Traders, the Customer and Shri Shyam Enterprises agree that the
receivables from the resale shall be assigned to Shri Shyam Enterprises.
Should the Products and Services be provided together with other
items, the assignment of the receivables shall be limited to the value
of Shri Shyam Enterprises Products and Services? Shri Shyam Enterprises Apps
may disclose the assignment or demand that the Customer notifies the
debtor of such assignment.
The Customer shall formally assign the receivables if still necessary
at any time at Shri Shyam Enterprises Apps request.
Should the Customer sell the Products and Services provided by Shri
Balaji Traders before the Customer has itself paid the Fee to Shri
Balaji Traders, the Customer and Shri Shyam Enterprises agree that the
receivables from the resale shall be assigned to Shri Shyam Enterprises.
Should the Products and Services be provided together with other
items, the assignment of the receivables shall be limited to the value
of Shri Shyam Enterprises Products and Services? Shri Shyam Enterprises Apps
may disclose the assignment or demand that the Customer notifies the
debtor of such assignment.
The Customer shall formally assign the receivables if still necessary
at any time at Shri Shyam Enterprises Apps request.
Should the Customer sell the Products and Services provided by Shri
Balaji Traders before the Customer has itself paid the Fee to Shri
Balaji Traders, the Customer and Shri Shyam Enterprises agree that the
receivables from the resale shall be assigned to Shri Shyam Enterprises.
Should the Products and Services be provided together with other
items, the assignment of the receivables shall be limited to the value
of Shri Shyam Enterprises Products and Services? Shri Shyam Enterprises Apps
may disclose the assignment or demand that the Customer notifies the
debtor of such assignment.
The Customer shall formally assign the receivables if still necessary
at any time at Shri Shyam Enterprises Apps request.
Should the Customer sell the Products and Services provided by Shri
Balaji Traders before the Customer has itself paid the Fee to Shri
Balaji Traders, the Customer and Shri Shyam Enterprises agree that the
receivables from the resale shall be assigned to Shri Shyam Enterprises.
Should the Products and Services be provided together with other
items, the assignment of the receivables shall be limited to the value
of Shri Shyam Enterprises Products and Services? Shri Shyam Enterprises Apps
may disclose the assignment or demand that the Customer notifies the
debtor of such assignment.
The Customer shall formally assign the receivables if still necessary
at any time at Shri Shyam Enterprises Apps request.
Should the Customer sell the Products and Services provided by Shri
Balaji Traders before the Customer has itself paid the Fee to Shri
Balaji Traders, the Customer and Shri Shyam Enterprises agree that the
receivables from the resale shall be assigned to Shri Shyam Enterprises.
Should the Products and Services be provided together with other
items, the assignment of the receivables shall be limited to the value
of Shri Shyam Enterprises Products and Services? Shri Shyam Enterprises Apps
may disclose the assignment or demand that the Customer notifies the
debtor of such assignment.
The Customer shall formally assign the receivables if still necessary
at any time at Shri Shyam Enterprises Apps request.
Should the Customer sell the Products and Services provided by Shri
Balaji Traders before the Customer has itself paid the Fee to Shri
Balaji Traders, the Customer and Shri Shyam Enterprises agree that the
receivables from the resale shall be assigned to Shri Shyam Enterprises.
Should the Products and Services be provided together with other
items, the assignment of the receivables shall be limited to the value
of Shri Shyam Enterprises Products and Services? Shri Shyam Enterprises Apps
may disclose the assignment or demand that the Customer notifies the
debtor of such assignment.
The Customer shall formally assign the receivables if still necessary
at any time at Shri Shyam Enterprises Apps request.
Shri Shyam Enterprises shall retain title in such Product(s) and goods as
parts of Services until full payment.
Should the Customer fail to pay, then Shri Shyam Enterprises may demand
return of the Product(s).
The Terms providing that the Customer acquires no title, including but
not limited to the title stipulated in clause 4 above, shall remain
unaffected by this clause.
Should the Customer sell the Products and Services provided by Shri
Balaji Traders before the Customer has itself paid the Fee to Shri
Balaji Traders, the Customer and Shri Shyam Enterprises agree that the
receivables from the resale shall be assigned to Shri Shyam Enterprises.
Should the Products and Services be provided together with other
items, the assignment of the receivables shall be limited to the value
of Shri Shyam Enterprises Products and Services? Shri Shyam Enterprises Apps
may disclose the assignment or demand that the Customer notifies the
debtor of such assignment.
The Customer shall formally assign the receivables if still necessary
at any time at Shri Shyam Enterprises Apps request.
Demand for return of Product by Shri Shyam Enterprises shall not
constitute grounds for rescission or termination of the agreement
unless Shri Shyam Enterprises expressly advises the Customer thereof.
The Customer's license to use the Products and Services shall lapse
upon demand for the return of the Product by Shri Shyam Enterprises. Any
and all backup copies made by the Customer for its own use must be
returned to Shri Shyam Enterprises or deleted by the Customer.
Should any provision of these Terms be or become invalid, ineffective
or unenforceable, the remaining provisions of these Terms shall be
valid and enforceable.
Any necessary official permits for transports; purchase and use of the
Products and Services in the destination country are the Customer's
responsibility and shall be paid for by Customer.