Copyright, Confidentiality & Disclaimer

The Legal Observations elucidated in this postscript shall remain pertinent to the entire Handbook and be in force throughout the association between PCSOFTand the prospect/client being handed this Handbook.

1) Authorized Usage Only and Protection of PCSOFT's IPR :
Regardless of the nature and scope of service that the client subscribes for, the Intellectual Property Right (IPR) for IEV ERP along with all and any ancillary installations shall belong to PCSOFT. The customer is not allowed to reproduce, replicate or reengineer any portion of the computer programs provided by PCSOFTin any way, shape or form, either in whole or in part. The client shall not copy or allow to be copied any confidential information of PCSOFT, nor shall the client party use any confidential information of PCSOFTexcept where required for the business of promoting PCSOFT's Products in the capacity of a Network Partner, in such association applicable to the said client, having been endorsed by PCSOFTthrough the PPNP program. The client agrees to treat confidential information of PCSOFTwith due care, and take all necessary steps to prevent its disclosure to any unauthorized person or persons.

2) Indemnification I :
PCSOFTshall not in any way, shape or form be liable, nor shall their respective individuals be liable, for any incidental or consequential damages of the client, including but not limited to damages incurred as a result of loss of time, loss of data, loss of savings, loss of profits, loss of goodwill foreseeable or unforeseeable, resulting from the use of or inability to use the software or documentation.

3) Indemnification II :
PCSOFTis also be excused from performing its obligations and held harmless by the client, for damages occurring caused by the Client's subcontractors, suppliers, employees, stakeholder, carriers or any other Third Parties.

4) Non-Compete :
Under no circumstance will either party make an offer to any employee of the other party for any employment. Even unsolicited approaches made by any employee of any party to the other shall not be entertained by either party. Only if the concerned employee has been in outside employment (other than the parties involved in this contract) for a period of 12 clear months after the date of resignation, can they be employed by the other party. PCSOFT reserves the right to stop all services without notice incase this clause is violated.

5) Discontinuation and/or Termination of Service :
The term discontinuation in this context means temporary halting, whilst termination means complete severance one, more than one, or all services without limitation, including the AMSP program. PCSOFTreserves the right to discontinue or terminate service in the following case or cases -:

a) The customer delays payment in connection to the charges specified in the Price Quote or Tariff Sheet or both (failure to receive invoices shall not constitute a valid reason for non-payment).

b) Tampers with PCSOFTcopyright source code or infringes PCSOFTIntellectual Property Rights.

c) Willful Misrepresentation or Malicious Defamation of PCSOFT

d) In the opinion of PCSOFT, commits any breach of these “Terms and Conditions of the terms specified in the Tariff Sheet or the various Annexures in PCSOFT's Handbook”.

Further, in case of such Termination, the client is obliged to promptly return all confidential information, all copies thereof and all documents, writings, work papers or other materials that disclose or relate to the confidential information of PCSOFT.

6) No Liability on PCSOFT(Disclaimer) : PCSOFTshall NOT in any way be liable to the customer in damages or otherwise, for any delay in providing or restoring ERP services, for the loss or damage occasioned by the total or partial interruption or disconnection of service. Neither will any abatement be made arising out of situations of disconnection or interruption. PCSOFTshall not, under any circumstances, be liable for loss of profit or income or for any other indirect or consequential loss or damage. PCSOFTwill not be liable for any delays in matching statutory regulation into their ERP solution or any accidental damages rising to the customer thereof.

7) Force Majeure : PCSOFTshall NOT in any way shape or form liable for damages caused by conditions beyond its control including, but not limited to, Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the PCSOFT. The term Act of God encompasses natural disasters such as earthquakes, hurricanes and floods among others.

8) Survival of Obligations : The client’s obligations as expressly specified in the Price Quote and/or Handbook, or verbally expressed, including those of monetary nature, shall survive and remain in full force in the case of death or incapacity of any representative in liaison with PCSOFT.

9) Jurisdiction : Any disputes arising can only be addressed at a competent Court within the Jurisdiction of Pune. No other jurisdiction shall be deemed plausible.