LICENCE AGREEMENT & TERMS AND CONDITIONS OF USE INTERNATIONAL CLASSIFICATION OF TRADE MARKS -NICE Copyright (C) 2004 ,INDIA , COPYRIGHT OWNED BY WEBWIZTEC SOLUTIONS PVT.LTD., REGD.OFFICE :- 1/276,SRIRAM NAGAR, G.T.ROAD, SHAHDARA,DELHI-110032, INDIA. ALL RIGHTS RESERVED. INFRINGEMENT IN ANY FORM IN SIMILAR AND OR DECEPTIVELY SIMILAR MANNER PROHIBITED AND ACTIONABLE AS PER INDIAN AND INTERNATIONAL LAWS. VERSION :- 1.01 THE USE OF THIS SOFTWARE BY BUYER AND USER IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS , AS TO GURANTEE , WARRANTY, TERMS OF USE AND COMPENSATION ETC.. *** INTERNATIONAL CLASSIFICATION OF TRADE MARKS -NICE , STANDARD LICENSE AGREEMENT *** This license applies to the standard-licensed version of INTERNATIONAL CLASSIFICATION OF TRADE MARKS -NICE. INTERNATIONAL CLASSIFICATION OF TRADE MARKS -NICE,LICENCE IS BETWEEN WEBWIZTEC SOLUTIONS PVT.LTD., REGD.OFFICE :- 1/276,SRIRAM NAGAR, G.T.ROAD, SHAHDARA, DELHI-110032, INDIA. (HEREIN AFTER REFERRED AS WWT) AND THE PURCHASER / LEGAL BUYER ,DULY REGISTERED WITH THE WEBWIZTEC SOLUTIONS PVT.LTD OF THIS SOFTWARE ONLY , AND EXTEND TO ONLY PURCHASERS OF THE ORIGINAL COPY OF THE SOFTWARE TITLED AS INTERNATIONAL CLASSIFICATION OF TRADE MARKS -NICE , YOUR AGREEMENT TO THIS LICENSE You should carefully read the following terms and conditions before using, installing or distributing this software. Unless you have a different license agreement signed by WEBWIZTEC SOLUTIONS PVT.LTD.("WWT") your use, distribution, or installation of INTERNATIONAL CLASSIFICATION OF TRADE MARKS -NICE indicates your acceptance of this agreement ("License"). If you do not agree to all of the terms and conditions of this License, then: (a) do not copy, install, distribute or use any copy of INTERNATIONAL CLASSIFICATION OF TRADE MARKS -NICE with which this License is included, and (b) in addition, if you paid WWT or an authorized WWT reseller for a package consisting of one or more copies of INTERNATIONAL CLASSIFICATION OF TRADE MARKS -NICE, you may return the complete package unused, within thirty (30) days after purchase, for a full refund of your payment, paid by you . The terms and conditions of this License describe the permitted use and user(s) of each Licensed Copy of INTERNATIONAL CLASSIFICATION OF TRADE MARKS -NICE. For purposes of this License, if you have a valid single-copy license, you have the right to use a single "Licensed Copy" of INTERNATIONAL CLASSIFICATION OF TRADE MARKS -NICE; if you or your organization has a valid multi-user license, then you or your organization have/has the right to use up to a number of "Licensed Copies" of INTERNATIONAL CLASSIFICATION OF TRADE MARKS -NICE equal to the number of copies indicated in the documents issued by wwt when granting the license. SCOPE OF LICENSE Each Licensed Copy of INTERNATIONAL CLASSIFICATION OF TRADE MARKS -NICE may either be used by a single person who uses the software personally on one or more computers,or installed on a single workstation used non simultaneously by multiple people, but not both. This is not a concurrent use license. This licence is for One Coputer Only. Each Licensed Copy may be accessed through a network, provided that you have purchased rights to use a Licensed Copy for each workstation that will access INTERNATIONAL CLASSIFICATION OF TRADE MARKS -NICE through the network. For instance, if 8 different workstations will access INTERNATIONAL CLASSIFICATION OF TRADE MARKS -NICE on the network, you must purchase rights to use 8 Licensed Copies of INTERNATIONAL CLASSIFICATION OF TRADE MARKS -NICE, regardless of whether the 8 workstations will access INTERNATIONAL CLASSIFICATION OF TRADE MARKS -NICE at different times or concurrently. Each Licensed Copy of INTERNATIONAL CLASSIFICATION OF TRADE MARKS -NICE includes INTERNATIONAL CLASSIFICATION OF TRADE MARKS -NICE, software along with the copyrighted database; You can not alter or modify the INTERNATIONAL CLASSIFICATION OF TRADE MARKS -NICE includes INTERNATIONAL CLASSIFICATION OF TRADE MARKS -NICE, software, nor permit anyone else to do so. All rights of any kind in INTERNATIONAL CLASSIFICATION OF TRADE MARKS -NICE which are not expressly granted in this License are entirely and exclusively reserved to and by WWT. You may not rent, lease, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, INTERNATIONAL CLASSIFICATION OF TRADE MARKS -NICE includes INTERNATIONAL CLASSIFICATION OF TRADE MARKS -NICE, software, nor permit anyone else to do so. You may not make access to INTERNATIONAL CLASSIFICATION OF TRADE MARKS -NICE includes INTERNATIONAL CLASSIFICATION OF TRADE MARKS -NICE, software available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so. WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS INTERNATIONAL CLASSIFICATION OF TRADE MARKS -NICE includes INTERNATIONAL CLASSIFICATION OF TRADE MARKS -NICE, software, AND ANY AND ALL ACCOMPANYING SOFTWARE, FILES, DATA AND MATERIALS, ARE DISTRIBUTED AND PROVIDED "AS IS" AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. In particular, there is no warranty for the optional virus scanning feature. (INTERNATIONAL CLASSIFICATION OF TRADE MARKS -NICE includes INTERNATIONAL CLASSIFICATION OF TRADE MARKS -NICE, software does not scan for viruses. You acknowledge that good data processing procedure dictates that any program, including INTERNATIONAL CLASSIFICATION OF TRADE MARKS -NICE includes INTERNATIONAL CLASSIFICATION OF TRADE MARKS -NICE, software, must be thoroughly tested with non-critical data before there is any reliance on it, and you hereby assume the entire risk of all use of the copies of INTERNATIONAL CLASSIFICATION OF TRADE MARKS -NICE includes INTERNATIONAL CLASSIFICATION OF TRADE MARKS -NICE, software covered by this License. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. ANY LIABILITY OF WWT WILL BE LIMITED EXCLUSIVELY TO REFUND OF PURCHASE PRICE. IN ADDITION, IN NO EVENT SHALL WWT, OR ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS,DEALERS, DISTRIBUTORS OR RETAILERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF iNTERNATIONAL CLASSIFICATION OF TRADE MARKS -NICE includes INTERNATIONAL CLASSIFICATION OF TRADE MARKS -NICE, software , OR TO YOUR RELATIONSHIP WITH WWT. IN ADDITION, IN NO EVENT DOES WWT AUTHORIZE YOU OR ANYONE ELSE TO USE INTERNATIONAL CLASSIFICATION OF TRADE MARKS -NICE includes INTERNATIONAL CLASSIFICATION OF TRADE MARKS -NICE, software IN APPLICATIONS OR SYSTEMS WHEREINTERNATIONAL CLASSIFICATION OF TRADE MARKS -NICE includes INTERNATIONAL CLASSIFICATION OF TRADE MARKS -NICE, software'S FAILURE TO PERFORM CAN REASONABLY BE EXPECTED TO RESULT IN A SIGNIFICANT PHYSICAL INJURY, OR IN LOSS OF LIFE. ANY SUCH USE IS ENTIRELY AT YOUR OWN RISK, AND YOU AGREE TO HOLD WWT HARMLESS FROM ANY AND ALL CLAIMS OR LOSSES RELATING TO SUCH UNAUTHORIZED USE. GENERAL This License is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This License shall be governed by the laws of the State of Delhi,India. irrespective of the place of pourchase of the software or use Exclusive jurisdiction and venue for all matters relating to this License shall be in courts and fora located in the State of DELHI, INDIA, and you consent to such jurisdiction and venue. There are no third party beneficiaries of any promises, obligations or representations made by WWT herein. Any waiver by WWT of any violation of this License by you shall not constitute, nor contribute to, a waiver by WWT of any other or future violation of the same provision, or any other provision, of this License. ARBITRATION:- DISPUTES IF ANY , RELATING TO THE USE OF THIS SOFTWARE , OR ITS APPLICATION OR ITS INTERPRETATION ,OR NAY OTHER THING RELATED WITH OR CONCERNING THIS SOFTWARE SHALL BE SUBJECT TO THE ARBITRATION BY A SOLE ARBITRATOR, HEREIN AFTER APPOINTED AND NOMINATED AS MR.SUNIL SHARMA, B.SC.(HONS.), MBA, 460, IIND FLOOR, AGGARWAL CHAMBER III, 26, VEER SAVARKAR BLOCK, SHAKARPUR, DELHI-110092, INDIA ,OR ANY OTHER PERSON NOMINATED BY HIM.THE PLACE AND SEAT OF ARBITRATION SHALL BE DELHI , INDIA ONLY.