By accepting this agreement through ordering that incorporates this agreement (the "software service license agreement"), you agree to follow and be bound by the terms and conditions of this agreement. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to the terms and conditions of this agreement and,in such event , "you" and "your" as used in this agreement shall refer to such entity. If you do not have such authority, or if you or such entity do not agree to the terms and conditions of this agreement, you may not use the services.
This Software Service License Agreement ("SSLA") is between Nesote Technologies Private Limited (hereinafter referred to as the "Developer" or "StoreCave"), and the individual or entity that has executed this Agreement (hereinafter referred to as the "You" or "Your"). This Agreement sets forth the terms and conditions that govern orders placed by You for Services under this Agreement. This Agreement is valid for the order which this Agreement accompanies and this Agreement shall be effective from the date of accepting the terms and conditions or execution hereof ("Effective Date").
I. WHEREAS the Developer is engaged in the business of computer application development, cloud application development, cloud hosting, including technical consulting services, software development and maintenance.
II. WHEREAS the You intends to avail the services of the Developer in connection with the development and implementation of software to be used as a tool in Your business (the "Licensed Software").
III. WHEREAS the Developer (Licensor) owns the Licensed Software.
IV. WHEREAS Developer (Licensor) desires to convey and You (Licensee) desires to receive, certain limited rights in the said software pursuant to the terms and conditions contained in this SSLA.
NOW THEREFORE in consideration of the mutual covenants and promises herein set forth, the Developer and You hereby agree as follows:
Domain Name : The term "Domain Name" shall mean that certain alphanumeric name by which a Website is known on the Internet, and accordingly for the purpose of this agreement the Domain Name shall be the one which is registered by the Developer or You for Your business.
Licensed Software : The term "Licensed Software" shall mean the software from StoreCave for a period of time commencing on the Effective Date continuing until this Agreement is terminated or cancelled.
Website : The term "Website" shall mean a set of related web pages served from a single web domain which is available in the Domain Name using the Licensed Software.
Effective Date : Date of accepting the terms and conditions of the Software Service License Agreement.
You may use the sub-domain offered by StoreCave to do business or you may register a domain through us using our vendor "enom". Both the Developer and You agree to use the Licensed Software for Your Website in the Domain Name, which (the Domain Name) represents Your Business/Activity/Organization/Community.
If the Domain Name is registered and owned by You, You have to configure certain parameters for the Domain Name (usually name servers) as the Developer may require to load the Licensed Software from Developer hosting environment.
The Licensed Software shall be hosted by the Developer under the Domain Name to form a Website for You. For security reasons and considering the complex cloud structure, You shall not have access to the hosting space, files and database which are maintained by the Developer.
You shall be solely responsible for the entire contents of the Website. You have to ensure that the content(s), image(s) and data used in the Website are legal and it shall not infringe any intellectual property rights including Copyrights. The Developer shall not be responsible for any data, item displayed, advertised or sold in the Website.
You shall not publish, promote and/or use the Domain Name, Licensed Software or Website in or in connection with anything related to any form of illegal drugs, pornographic related material(s)/content(s), services related thereto which is against the security of your Nation or anything that is deemed to be illegal or opposed to public policy or that is banned from being sold/published/advertised/linked. If the Developer becomes aware that You had engaged or is engaging or attempts to engage in any of these activities then the developer reserves the right to cancel the license to your product without prior notice.
You understand and accept that without prejudice to the rights of the Developer on the software, the Developer shall not be responsible for any kind of liabilities including but not limited to financial or non financial or legal issues caused by virtue of the usage or anything in connection with the Domain Name, Licensed Software or any kind of content(s)/image(s) in the Website.
The Licensed Software shall be given Licensed under the Domain Name in the Website for upto 5 GB/month data transfer bandwidth.
In case, any of the parties (Developer or You) decides to cancel/stop the license, the same shall be officially communicated to the other party by way of writing or email. You understand that during the You are responsible for downloading or take a backup of your necessary data from the admin area which shall not be available after cancellation. Your entire data that may include images, video and other content may not be stored on our server after cancellation and the Developer may not be able to retrieve that data for You after cancellation of the Licensed Software.
Upon cancellation of the license, the Developer shall in its sole discretion remove the Licensed Software from the Website. You will not bear any usage rights on the Licensed Software thereafter.
In case, You do not inform about the cancellation of the license 30 days prior to the expiry of the License, by sending of proper notice, it shall be presumed as the consent of You for continuity of the License. You acknowledge that in such a case You shall be responsible to pay the Annual Renewal Fee to the Developer.
You agree to pay all amounts including Annual Renewal Fee and applicable taxes, if any, on or before the due dates and You further agree that, in the event Annual Renewal Fee is not paid within the due date, the Developer shall be entitled to permanently cancel the license in its sole discretion and initiate proceeding for its recovery.
The Developer reserves all rights on the Licensed Software. You understand and agree that You shall have no right on the Licensed Software other than an yearly usage license (in the Website) the Developer gives to You under the terms of this agreement, which shall stand automatically revoked from You, if the License is cancelled. You further understands that the Developer shall have all the right in rem including right to sell this software to other parties.
The customer support at this time for StoreCave is limited since the application is offered for free. You may contact us through email or from the Contact page. We will look into your concerns and though not all emails may not get an immediate response, we read all emails and we fix any bugs that you spot in our solution or website.
The Developer may release an updated version or a new edition of the Licensed Software which is different from the current Licensed Software version/edition You use. If the new version/edition comes with a modified/different licensing plan and fee, and if You choose to upgrade to the new version/edition then You shall be required to follow the new license plan. If You decide to continue using Your current version and edition, there shall not be any change in the license scheme. The software upgrade may also be followed by an upgradation fee as maybe decided by the Developer.
If any term of this SSLA is found to be unenforceable or contrary to law, it shall be modified to the least extent necessary to make it enforceable, and the remaining portions of this SSLA shall remain in full force and effect.
Neither party shall be held responsible for any delay or failure in performance of any part of this SSLA to the extent that such delay is caused by events or circumstances beyond the delayed party's reasonable control.
This Agreement shall be valid for the period from the Effective Date to the date of cancellation as maybe mutually decided between the Developer and You.