The standard terms and conditions of business set out below (hereinafter referred to as "Terms") shall apply to any and all agreements between Govind Traders, 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 Govind Traders 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 Govind Traders.
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.
Apps Freeware - means any and all Products and Services that are provided to the Customer free of charge.
Govind Traders 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.
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 Govind Traders 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 Govind Traders entity that must be accepted by the Customer before any use of the Products.
The presentation of Govind 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 Govind Traders 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 Govind Traders and the Customer shall be concluded only if the Customer places an order and Govind Traders 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).
Proper use of the Software requires receipt of a Software Key from Govind Traders or one of its authorized Resellers and Customer's installation of all Updates/Upgrades for the respective Software. If the Customer has not installed the current Updates/Upgrades of Govind Traders, the Software's protection against computer viruses and other Malware may be materially impaired.
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.
Unless expressly agreed otherwise, the Products provided by Govind Traders as well as Govind Traders Services shall reasonably conform to all material product information and specifications provided by Govind Traders, including that in the user handbooks. Govind Traders does not warrant that the Products and Services under the agreement will be fit for any particular purpose.
FAILURE TO INSTALL UPDATES OR UPGRADES AS PROVIDED WILL VOID ANY WARRANTIES HEREUNDER. 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.