TERMS AND CONDITIONS

TERMS AND CONDITIONS / SERVICE POLICY

Please read the terms and conditions of this license agreement (“license agreement”) carefully before using the software. Dsouza Infotech Private Limited (DIPL) “Doing Business As” (DBA) www.esolvz.com is willing to license the software to you as the individual, the company, or the legal entity that will be utilizing the software (referenced below as “you” or “your”) only on the condition that you accept all of the terms of this license agreement. This is a legal and enforceable contract between you and Dsouza Infotech Private Limited (DIPL) “Doing Business As” (DBA) www.esolvz.com.By clicking ‘I agree’ or downloading, installing or using the software, you agree to the terms and conditions of this license agreement. If you do not agree to these terms and conditions, do not download, install or make use of the software.

  • 1. GRANT OF LICENSE:Open or Close

    Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com and its licensors own and retain all right, title and interest in and to the Software, including all including without limitation all know-how, concepts, logic and specifications and other intellectual property rights. The Software is protected by international copyright laws, treaties and other laws.


    1.1. LICENSE GRANT – GENERAL

    Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com, subject to the terms and conditions of this Agreement, hereby grants to you a non-exclusive and non-transferable license during the applicable Term to use the Software only in executable or object code form, and solely for a) your internal personal use, or (b) for Products purchased for business (non-consumer) use solely in support of your internal business operations and the internal business operations of your affiliated entities, and solely in the quantities and at the Use Levels described in this License and the applicable License Certificate. For purposes of this License, “Use Level” means the license use meter or model (which may include number of users, number of computers, operating system, hardware system, application or machine tier limitations, if applicable) by which Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com measures, prices and licenses the right to use the Software, in effect at the time an order is placed for such Software, as indicated in this License and the applicable License Certificate. A “License Certificate” shall mean one or more of the following applicable documents utilized by Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com which further defines your license rights to the Software: a Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com invoice, license key, license certificate or a similar license document issued by Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com or any of its authorized distributors, resellers or retailers that accompanies, precedes or follows this License and which specifies the applicable Software being licensed by you, the term of your license, and any applicable Use Levels.


    1.2. LICENSE GRANT – GENERAL

    In addition to the terms and conditions set forth above in Section 1(a) and subject to your compliance with the terms and conditions of this License, Products purchased and licensed under a consumer/home-user license may be installed upon a maximum number of one (1) personal computers.


    1.3. LICENSE TERM

    You may use the Software during your applicable License term. For purposes of the foregoing your License term shall mean the following:

    a. For Software purchased for business use on a perpetual license basis (i.e. non-consumer/non-home use) your license shall commence on the date that Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com either delivers to you the license key for the Software (where you have purchased directly from www.esolvz.com) or the date that Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com has delivered the license key for the Software to its authorized distributor, reseller or retailer (where you have purchased the Software from a Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com authorized distributor, reseller or retailer) and shall thereafter continue in effect on a perpetual basis (unless otherwise indicated on your License Certificate or unless otherwise terminated in accordance with this License).

    b. For Software purchased on a licensed term/subscription basis for business use (i.e., non-consumer/non-home use), your license shall commence on the date that Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com either delivers to you the license key for the Software (where you have purchased directly from www.esolvz.com) or the date that Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com has delivered the license key for the Software to its authorized distributor, reseller or retailer (where you have purchased the Software from a Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com authorized distributor, reseller or retailer) and shall thereafter continue in effect until the expiration of the agreed license subscription term (unless otherwise indicated on your License Certificate or unless otherwise terminated in accordance with this License). Upon the expiration of the subscription term, you will promptly cease using the Software and destroy all copies resident on your computers or computer equipment and peripheral devices.

    c. For Software purchased for consumer / home use directly from Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com through its branded websites and/or from Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com sales personnel, authorized distributor, reseller or retailer, your License subscription shall commence on the date that you register the Software by activating the license key for the Software and shall thereafter continue in effect until the earlier of (i) the expiration of the applicable term that you purchased (as indicated on your License Certificate or Purchase Email Confirmation),

    d. The expiration of your Support period or (iii) your breach of any of the terms or conditions of this License.

  • 2. CONTENT UPDATES; TECHNOLOGICAL PROTECTION MEASURESOpen or Close

    Some Products require, for optimum use and Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com, in its sole discretion, may provide to you in a number of formats (feeds, definition files etc.), content that is automatically, synchronized or updated from time to time with Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com servers or systems, which may relate to anti-virus, anti-spamming or anti-phishing activities as well as operating system functionality and performance (“Content”). Such Content may be provided for a limited time so long as you have purchased a valid Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com Support offering from www.esolvz.com (as indicated on your License Certificate) that consists of Content and Content updates. The Products may also contain technological protection measures, for instance a license key or code, which prevents unlimited copying, or limit time of use or functionality in accordance with the type of license and Use Levels that you purchase (“TPM”). You must not attempt in any way to remove or circumvent any such TPM, nor to apply, manufacture for sale, hire, import, distribute, sell, nor let, offer, advertise or expose for sale or hire, nor have in your possession for private or commercial purposes, any means whose sole intended purpose is to facilitate the unauthorized removal or circumvention of such TPM. You further acknowledge and consent that the Product will automatically contact Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com to receive Content and, in addition, if and when any of the following events occur: (i) the Product is successfully installed by you; (ii) you fail to install the Product successfully; (iii) the Product has been successfully configured; (iv) there are changes to the Product’s license key or TPM; and / or (v) the Product is uninstalled. Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com has offices worldwide and you acknowledge and consent that any data collected may be sent to any Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com office or affiliate for processing, including locations outside of the USA and European Union.

    The Product will automatically launch upon log on of any user and once a day at a specific hour set by the Product by adding a scheduled task to your operating system. You may remove any of these scheduled tasks by removing them from the Task Scheduler which can be accessed through Control Panel - System and Security - Administrative Tools - Task Scheduler.

  • 3. CUSTOMER SERVICE POLICYOpen or Close

    Generally if you have a valid Product support contract (as indicated on the applicable License Certificate) with Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.comand are current with payments there under, Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com will provide you with “First, Second and Third Level” support described in this Section (“Support”). In Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com’ sole determination, in order to help you locate and, on your own, correct problems with the Software, Support may consist of: (i) live chat; (ii) telephone or electronic support; and / or (iii) supplying extensions, enhancements or other changes that Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com makes or adds to the Software and which is made publicly available, without additional charge, to other licensees of the Software that are enrolled in Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com’ Support.


    “First Level Support” means:

    (i) Providing help desk telephone support to receive and triage Customer questions and issues relating to the use of the Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com Product,
    (ii) Making a good faith effort to ascertain the precise nature of an error or defect in Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com Product,
    (iii) Notifying Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com of such error or defect, and
    (iv) Either serving as a liaison between Customer and Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com while Dsouza Infotech Private Limited analyzes and corrects the error or defect, or (at Dsouza Infotech Private Limited option) facilitating a direct line of communication between Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com and the Customer to enable Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com to analyze and correct such error or defect.


    “Second and Third Level Support” means:

    (i) Providing support which is typically provided to all customers, 24/6, excluding Sunday’s and observed Indian, U.S, UK & Australian Holidays. Support availability may occasionally vary from stated hours due to downtime for systems and server maintenance, company events, and circumstances beyond the control of Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com to assist Customers in operation of the Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com Product;
    (ii) Supplying extensions, enhancements, patches, work-arounds and other changes to the Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com Product which are improvements or extensions to the Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com Product; and
    (iii) Correcting errors or defects in the Product which Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com is unable to correct after good faith performance of First Level Support.


    If your purchase includes Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com’ Service Policy (“Service”), as indicated on your License Certificate, Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com agrees to provide you with related Content updates for the Software for download at no additional charge for as long as you own the original computer upon which you originally installed the agent or client Software (“Original Computer”). Notwithstanding the foregoing, if your Original Computer is damaged, or if you experience a hard drive failure resulting in having to rebuild or restore the Original Computer, Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com agrees to provide to you a one-time reinstall of the Software so as to continue the Service for the remaining time of the contracted License.

    Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.comwill provide you with unlimited telephone, chat and email software support assistance ("Support") for the full term of the Product support contract(s), depending on Product support contract(s) purchased. Term(s) begin upon Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com receipt and acceptance of your order of Support Services ("Commencement Date").

    Phone and email support is available 24/6, excluding Sunday’s and observed Indian, U.S, UK & Australian Holidays. Support availability may occasionally vary from stated hours due to downtime for systems and server maintenance, company events, and circumstances beyond the control of Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com. Phone support requests will be handled in the order in which they are received. Contract-based email support requests will be processed within one (1) business day.

    Support Contract(s) will be directly associated to the Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.comsoftware product ("Product") license key. You will be required to provide the Product license key and/or Support Contract ID prior to receiving support.

    SERVICE IS SUBJECT TO THE FOLLOWING RESTRICTIONS AND LIMITATIONS

    In addition to the terms of this License: (a) Service is not transferable to a new (or used) or different computer if, for any reason, you purchase a new computer; however, you may purchase from Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.coman additional copy of the Software, or the equivalent product available at that time, for a fee; and (b) Service is not transferable to another user if your Original Computer is sold or transferred to another user, if components are rebuilt into a new computer, or if the Software is transferred as maybe otherwise provided herein.

  • 4. LICENSE RESTRICTIONS Open or Close

    4.1. Rent, lease, transfer, assign or sublicense your license rights to any other person, or entity and you acknowledge that any attempted transfer, assignment, sublicense or use shall be void;

    4.2. Make error corrections to or otherwise modify or adapt the Product or decompile, decrypt, disassemble, reverse engineer or attempt to reconstruct or discover any source code or underlying ideas, algorithms, file formats or programming or interoperability interfaces of Product, or of any files contained or generated using Product by any means whatsoever, or otherwise reduce the Product to human-readable form, except to the extent otherwise expressly permitted under applicable law notwithstanding this restriction (in the event that your jurisdiction allows the foregoing, Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com shall (a) have the option of providing you with the necessary Product information to make the Software interoperable, to which Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com may stipulate reasonable conditions of use as well as a reasonable fee for the provision of such information and only to the extent that such information is used only for the purpose of achieving inter-operability of the Software with another software program; (b) is not disclosed or communicated without the Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com’ prior written consent to any third party to whom it is not necessary to disclose or communicate it; and (c) is not used to create any software which is substantially similar to the Software);

    4.3. Remove, modify, or adapt any copyright or other intellectual property notice of Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com or its licensors from the Product;

    4.4. Use or permit the Product to be used to perform services for third parties, whether on a service bureau or time sharing basis or otherwise, without the express written authorization of Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com;

    4.5. Make copies of the Software provided that you may make one copy of the Software for back up or archival purposes, provided you agree not to grant access to such backup Software to any other individual or business entity;

    4.6. Unbundle the Product into its component parts as it is provided to you as a single product; and / or

    4.7. Use the Product in any manner not expressly authorized herein.

  • 5. TRIAL, EVALUATION, FREEWARE Open or Close

    The Software may be made available to you on the terms of this License in furtherance of internal evaluation purposes for a limited period of time or at limited functionality, at no cost (if and to the extent reflected on your License Certificate). You may evaluate the Product only to determine whether to license the Product. You may only evaluate a Product once. At the end of the evaluation period, your right to use the Product and this License (excluding the provisions intended to survive) will terminate and you must either: (i) purchase an additional ‘full’ License, or (ii) cease all use of such Product. Your use of the Product during an evaluation period or for any Product that is offered as freeware shall be without warranty of any kind, is provided solely “AS IS” and subject to the Confidentiality conditions below, and Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com has no duty to provide Support to you during your use of the Product during any evaluation period.

  • 6. BETA TESTING Open or Close

    Beta versions of Product may be provided to you without warranty of any kind, “AS IS” and subject to the Confidentiality conditions below. Such provision is done only for the purpose of assisting Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com with testing functionality or compatibility and on the express condition that you provide Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com with truthful, accurate and complete feedback, comments and analysis in whatever format you may wish, or are directed by, www.esolvz.com to provide the same to Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com (“Contribution”). You expressly acknowledge that your participation in any beta testing is undertaken by you on a volunteer basis and that you shall have no right in the beta Product or Contribution, whether in original form (as provided by you) or in respect of any derivative work (whether or not based upon, in whole or in part, on any participation or feedback you may make). Notwithstanding the foregoing, you agree to grant to Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com a royalty – free, perpetual, worldwide, transferable right and license to commercially use, exploit, and sub-license in Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com’ sole discretion, any and all Contribution.

  • 7. CONFIDENTIALITY Open or Close

    The Product includes significant elements, including its organization, algorithms, and logic, which Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com has maintained as confidential information and is a trade secret of and proprietary to Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com, its suppliers, or licensors including but not limited to the specific internal design and structure of individual programs and associated interface information. You shall maintain the Product in confidence and prevent disclosure of the Product using a reasonable degree of care. You shall not disclose the confidential aspects of the Product, or part thereof, to anyone for any purpose. The Product is protected by international patent, copyright or other international laws and treaties.

  • 8. CHANGES TO THE SERVICE(S) AND WEBSITESOpen or Close

    8.1. Our Service(s): Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com may update the Service(s) from time to time and you may receive notifications of such upgrades, enhancements or updates (“Updates”). Any new or modified features added to or augmenting or otherwise modifying the Service(s) or other updates, modifications or enhancements to the Service(s) are also subject to these Terms and Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com reserve the right to deploy Updates at any time.


    8.2. Third party services and network connections:

    Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com are not responsible for notifying You of any upgrades, fixes or enhancements to any such services or for any compromise of data, including Your Data, transmitted across computer networks or telecommunications facilities (including but not limited to the internet) which are not owned, operated or controlled by Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com. You agree that Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com are not responsible for the reliability or performance of any services or connections as described in this sub-section.


    8.3. Websites:

    Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com may also change content on Our Websites at any time. However, please note that any of the content on Our Websites may be out of date at any given time, and Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com are under no obligation to update it. For clarity, this sub-section refers to Our Websites excluding the Service(s). Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com may discontinue or change any part of Our Websites that does not affect the Service, without notifying you. Our Websites may contain links to websites, content and resources provided by third parties (“Third Party Links”). These Third Party Links are governed by their own terms and privacy policies and you agree that Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com have no control over these Third Party Links and are not responsible for your access or use of these Third Party Links.

  • 9. RESERVATION OF RIGHTS Open or Close

    You acknowledge that all intellectual property rights in the Product supplied by www.esolvz.com throughout the world, belong to Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com and its licensors, that rights in the Product are licensed (not sold) to you, and that you have no rights or title in, or to, the Product other than the limited right to use it in accordance with the terms of this License. Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com and its licensors retain ownership of all copies of the Software and Documentation and reserves all rights not expressly granted to you under this License.

  • 10. FEES/TAXES Open or Close

    You agree to pay Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com all fees and other amounts set forth on your applicable License Certificate in accordance with the payment terms set forth thereon. Fees do not include sales, use, value added or other taxes (including applicable withholding taxes), all of which shall be borne by you. Accordingly, you shall pay or (if paid by Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com) reimburse Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com for all such taxes based on this License or any fees payable hereunder (but not any taxes based upon Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com’ revenues or income), together with any interest on such taxes if not due to Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com’ delay.

  • 11. THIRD PARTY; OPEN SOURCE SOFTWAREOpen or Close

    Part of the Software may incorporate and consist of (i) proprietary software and / or (ii) third party open source software (“Open Source”), which you may use under the terms and conditions of the specific license under which the Open Source software is distributed. You agree that you will be bound by any and all such Open Source license agreements. Title to Open Source software remains with the applicable licensor(s). Any Open Source provided with or contained in the Product is provided “AS IS” and without any warranty of any kind.

  • 12. TERMINATIONOpen or Close

    Without prejudice to any other rights or remedies available to Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com, Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com may immediately terminate (wholly or partly) this License and your right to use the Product: (i) upon the expiration of the term of your license, (ii) upon expiration of any applicable Support period, or (iii) if you do not abide by the terms of this License or otherwise breach any of your obligations hereunder. Termination may include ceasing the provision by Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com of Content Updates and / or Support to you. Upon termination, you must cease all use of the Product, destroy all copies of the Product and all of its component parts, or, at Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com’ request, return such copies and parts to Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com.

  • 13. SURVIVALOpen or Close

    The obligations relating to Service Policy, Consumer/Home-User License, License Restrictions, Beta Product, Reservation of Rights, Termination, Survival, Data Protection, Confidentiality, Indemnification, Disclaimer, Limitation of Liability, Consumer Rights; Death & Personal Injury, Export Control, Equitable Relief, General, Entire Agreement and Governing Law and Jurisdiction shall survive any termination of this License and whether or not you agreed to the terms of this License.

  • 14. PRIVACY – CONSENT TO USE OF DATAOpen or Close

    Through your use of the Software, Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com and its affiliates may collect and use certain information about you including, without limitation, personal and technical and related information about your computer system and application software (“Information”). Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com uses such Information in accordance with its privacy policy a copy of which may be found below.

  • 15. DATA PROTECTIONOpen or Close

    Each party shall comply with its respective obligations under applicable data protection laws (“DPL”). Neither party shall do any act that puts the other party in breach of its obligations as per this Section nor shall anything in this License be deemed to prevent any party from taking the steps it reasonably deems necessary to comply with DPL. You agree that during the course of this license: (i) you alone shall determine the purposes for which and the manner in which personal data are, or will be, processed; (ii) you are the data controller in respect of all personal data processed; and (iii) you have obtained consent from the data subject to send their personal data to Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com. Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com agrees that it is the data processor in respect of the personal data processed during the course of this License. You warrant and undertake that any instructions given by you www.esolvz.com will at all times be in accordance with the requirements of DPL. You shall fully indemnify Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com against any loss, liability, and costs incurred by Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com as a result of any breach of DPL by you.

  • 16. INDEMNIFICATIONOpen or Close

    You agree to indemnify, defend, and hold Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com, its parent, subsidiaries, and affiliate organizations and their respective officers, agents and employees, harmless from and against any and all claims, losses, demands, damages, obligations, penalties and costs (including reasonable attorneys’ fees) attributable to or arising out of your breach of any provision of this License, your use of the Product, your negligent or wrongful acts, and/or your violation of any applicable laws.

  • 17. LIMITED WARRANTY Open or Close

    Different countries have different consumer (someone who uses the Products outside of their business or trade) laws and regulations depending upon your country of purchase or residence. These different statutory consumer laws may provide alternative remedies than that provided hereunder. The protection provided under this warranty is in addition to such statutory consumer laws and this warranty is not intended to limit or exclude your consumer statutory rights as it relates to non-conformity of a sales contract.


    DSOUZA INFOTECH PRIVATE LIMITED “DOING BUSINESS AS” (DBA) ESOLVZ SOFTWARE

    Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com warrants that the media upon which any Software is distributed will be free from material defects for a period of ninety (90) days from the date of original purchase by you of the Software. No warranty is provided to you after this period. Any supplements or updates to the Software, including without limitation, any (if any) service packs, patches or fixes provided to you after the expiration of the thirty-day limited warranty period are not covered by any warranty or condition, neither express, implied nor statutory and are provided ‘AS IS’. The foregoing warranty is personal to you and cannot be transferred.


    REMEDY

    If Software media defect arises and you have a valid claim, Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com at its option may: (1) repair the defect at no cost to you, to new in performance and reliability, or (2) exchange the Software media with Software media that is new (that is equivalent to new in performance and reliability), which is at least functionality equivalent to the original Software media, or (3) refund the purchase price of the original Software media subject to your provision of a valid receipt of purchase.

    The warranties set out above do not apply to damage: (1) to consumable parts i.e. batteries, cosmetic, (2) caused by non-Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com product, or (3) caused by your failure to follow Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com’ instructions whether such instructions are given to you orally or are contained in any Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com documentation, whether printed or online, (4) by non – normal use, fire, abuse or misuse, or use outside of the Products’ permitted uses, or (5) by non- Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com service or repairs (except where Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com has instructed you in writing to undertake a user installation and you adhere to all of Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com’ instructions), or (6) where the Product’s serial number or other unique identifier is removed or defaced

    You will receive the remedy elected by Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com without charge; except that you are responsible for any expenses you may incur (e.g. Software media to Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com, handing and re-stocking fees of 15%). This Limited Warranty is void if failure of the Software media has resulted from accident, abuse, misapplication, abnormal use, a virus, or use after an upgrade was made available to you. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

  • 18. DISCLAIMER OF WARRANTIESOpen or Close

    To the maximum extent permitted by applicable law, the warranties set forth in Section 16 are your exclusive warranties and are in lieu of all other warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement of intellectual property rights. Accordingly, to the maximum extent permitted by law and except as otherwise provided herein, the Product, Content, Content updates, hardware and Support are provided on a “as is” and ‘where is’ basis and without warranty. Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com makes no warranties or representations that the Product, Content, Content updates, or Support will meet your requirements or that operation or use of the Product, Content, Content updates, or Support will be uninterrupted or error-free. You may have other warranty rights, which may vary from state to state and country to country.

  • 19. EXPORT CONTROL LAWSOpen or Close

    The Services, Software, and Documentation delivered to You under this Agreement are subject to export control laws and regulations and may also be subject to import and export laws of the jurisdiction in which it was accessed, used, or obtained, if outside those jurisdictions. You shall abide by all applicable export control laws, rules, and regulations applicable to the Services, Software, and Documentation. You agree that You are not located in or are not under the control of or a resident of any country, person, or entity prohibited to receive the Services, Software, or Documentation due to export restrictions and that You will not export, re-export, transfer, or permit the use of the Services, Software, or Documentation, in whole or in part, to or in any of such countries or to any of such persons or entities.

  • 20. LIMITATION OF LIABILITYOpen or Close

    Some states and countries do not permit the limitation of liability, so to the maximum extent permitted by law, in no event shall Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com, its affiliates, subsidiaries, or licensors be liable for any special, incidental, indirect, or consequential damages whatsoever (including without limitation for any damages for loss of profits, loss or corruption of confidential or other information, business interruption, loss of privacy, failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Software, Documentation, Content, Content updates or the provision of or failure to provide Support, or otherwise under or in connection with any provision of this license, whether arising under any theory of law, by Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com or any of its affiliates, subsidiaries or suppliers, and even if Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com or any of its affiliates, subsidiaries or suppliers had been advised of the possibility of such damages.

    Notwithstanding the foregoing, the maximum liability that Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com shall incur hereunder shall be limited to the actual price paid by you for the applicable product or software.

  • 21. CONSUMER RIGHTS; DEATH & PERSONAL INJURYOpen or Close

    Nothing contained within Sections 17, 18, and 19 above is intended to limit your rights in respect to actions relating to (i) death, or (ii) personal injury, or (iii) consumer statutory rights, including your consumer statutory rights as it relates to non-conformity of a sales contract.

  • 22. FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION Open or Close

    Though Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com has no limits on the amount of online support requested by you for the Subscription based plan during the subscription period, however, your use of the support services for the subscription based plans are subject to E Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com "fair use" policy. Under this policy, if at any time, in Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com sole discretion, you are found to be abusing the service by exceeding the level of use reasonably expected from someone using a Subscription based Plan for individual use; then Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com reserves the right to suspend or terminate your Subscription Services. In addition, Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com reserves the right to suspend or terminate any Subscription Services of any Subscriber that Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com, in its sole discretion, determines are being used (a) fraudulently, (b) by any person other than Subscriber, or (c) for any computer system other than a Registered System. You may terminate the Service at any time by giving written or electronic notice to Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com; provided, however, that you will be entitled for 30 days refund policy of any fees paid by you for the Service.

    Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com offers free 30 day trial of the software for evaluation to ensure that the software meets your requirement and correctly functions on your system. If you wish to buy our software, we recommended that you first download and evaluate before you decide to buy. Making it a risk-free method we ensure that you are happy with the software and are buying what you need.

    30-Day Return/ Exchange Policy: We want you to be totally satisfied with your Software purchase. If you are dissatisfied with your purchase of any of our products for any reason, simply contact us within 30 days of purchase to arrange for a Return/Exchange. To return, contact us within 30 days of your purchase (include your name, order number, and reason for the return).

    Once feedback as SATISFIED is received from you for the software, you cannot claim that you have not received the Software or Support Services.In case of deficient or dissatisfactory delivery of software or services, you must substantiate with supporting documents that software or services delivered during the period were deficient or dissatisfactory.

    Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com reserves the sole discretion to verify and examine your compliant and Company’s decision shall be final and binding on all parties. You shall claim charge back only if the Company on evaluation of relevant proofs determines/identifies that software or services rendered were deficient or unsatisfactory. While evaluating, if the company identifies technical problems with the computer system, then you shall not be entitled to claim charge-back.

    You shall be entitled to return the Transaction Amount in-case mistakenly the transaction is credited twice to the your’ account.

    All services rendered by Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com are invoiced. All refund transactions will be made as a credit to the credit card used at the time of purchase.

  • 23. EQUITABLE RELIEF Open or Close

    The parties agree that irreparable damage would occur if any provision of this License were not performed by you in accordance with the terms hereof and that Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com shall be entitled to equitable relief, including injunctive relief or specific performance of the terms hereof (without any requirement to post bond or guarantee), in addition to any other remedy to which Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com is entitled at law or in equity.

  • 24. GENERAL Open or Close

    This License may not be assigned by you. Any purported assignment by you will be null and void. This License may not be amended by you, but Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com may amend the License from time to time and shall post any amended License on its website at www.esolvz.com and you shall be deemed to have accepted the terms of any amended License thereafter. The remedies of the parties set forth herein are cumulative and will not exclude any other remedies to which the party may be lawfully entitled. In case any one or more of the provisions contained in this License shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this License but this License shall be construed as if such invalid, illegal or other unenforceable provision had never been contained herein and such provision shall apply with the minimum modification necessary to make it legal, valid and enforceable. This License is for the sole benefit of Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com and you and nothing herein, express or implied, is intended to or shall confer upon any other third person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this License.

  • 25. ENTIRE AGREEMENT Open or Close

    This License including your License Certificate (as each may be amended by time to time) is the entire agreement between you and Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com relating to the Product and Support and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Product and Support. This License prevails over any conflicting or additional terms of any purchase order, ordering document, acknowledgement, or confirmation or other document issued by you, even if signed and returned by Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com. To the extent the terms of any Dsouza Infotech Private Limited “Doing Business As” (DBA) www.esolvz.com Terms of Sale, policies, or programs conflict with the terms of this License, the terms of this License shall prevail and control.

  • 26. GOVERNING LAW & JURISDICTION Open or Close

    This License shall be governed by, subject to and construed in accordance with the laws of the State of Goa, INDIA, excluding its conflict of law’s provisions and the parties unconditionally and irrevocably consent to the exclusive jurisdiction of the courts located in Goa and the parties waive any objection with respect thereto, for the purpose of any action, suit or proceeding arising out of or relating to this License, the Product, Support, or any other transactions contemplated hereby and the Uniform Commercial Code is hereby excluded.

  • 27. NOTICES Open or Close

    All notices must be in writing and shall be mailed by registered or certified mail or sent via email to admin@dsouzainfotech.com(effective on the third day following the date of mailing, with evidence of effective transmission and receipt). All notices must be addressed to admin@dsouzainfotech.com. You acknowledge that you have read this License and understand it and that by clicking ‘I Agree’ or downloading, or otherwise using the Software you agree to be bound by its terms and conditions. You further agree that this License is the complete and exclusive statement of the rights and liabilities of the parties with respect to the subject matter hereof.