DEFINITIONS

COMPANY : Tally Solutions Pvt. Ltd., a company incorporated in the Republic of India.

SOFTWARE : Any one or all of the products commercially available "Tally ERP Suite", "Tally.ERP 9", "Tally.Server 9", "Shoper 9", "Tally.NET", and "Tally Development Environment".  Each product consists of ACTIVATION KEY and one or more COMPONENTS (executables, documentation files, help files, language support dictionaries, data conversion and man¬agement utilities, edition management utilities, installers, scripts and/or other binaries/ files).

EXTENSION: Extending and/or enhancing and/or modifying the working of the SOFTWARE is called EXTENSION. EXTENSIONS are allowed exclusively through the use of APIs (Application programming interfaces) published by the COMPANY for the purpose of extending and/or enhancing and/or modifying the interface and/or data handling capability and/or operational processes. The terms CUSTOMIZATION, EXTENSION, ADD-ON, MODULE and other similar terms may be used to denote the EXTENSIONS made to the interface and/or data handling capability of the SOFTWARE.

Copyright Assertion

ASSERTIONS:

COPYRIGHT: The COMPANY asserts its Copyright on the SOFTWARE. The SOFTWARE is protected by Copyright Laws of India and International Treaty Provisions. Therefore you must treat this SOFTWARE like any other copyrighted material (e.g. a book or musical recording). You only receive non-exclusive rights to use the software.

PROHIBITIONS: Without prejudice to any other rights, you are expressly forbidden to reverse engineer, decompile or disassemble the SOFTWARE, and also forbidden to make any extensions and/or enhancements and/or modifications to the SOFTWARE which will remove and/or relax any technical restrictions of the software.

Limited Warranty

LIMITED WARRANTY: The COMPANY warrants the SOFTWARE for a period of 90 (ninety) days from the date of PURCHASE. Any other implied warranties on the SOFTWARE is also limited to 90 (ninety) days. This LIMITED WARRANTY is only applicable to SOFTWARE which has not been EXTENDED in any manner. This LIMITED WARRANTY is void unless the purchase of the SOFTWARE is from a supplier authorised to supply the SOFTWARE in the geographical territory of the CUSTOMER, or from the COMPANY.

CUSTOMER REMEDIES: The COMPANY and its suppliers' entire liability and your exclusive remedy shall be at the option of the COMPANY, either (a) return of the price paid on giving the proof of having removed the SOFTWARE, from all computers where it was loaded, or (b) repair or replacement of the SOFTWARE, that does not meet LIMITED WARRANTY of the COMPANY, and which is returned to the supplier with a copy of the proof of purchase. The LIMITED WARRANTY is void if the failure of the SOFTWARE has been caused by - virus, any other software or process on the computer of the CUSTOMER, improper use, accident, theft, abuse or misapplication of the SOFTWARE. Any replaced SOFTWARE will be warranted for the remainder of the original warranty period or 30 (thirty) days whichever is longer.

NO OTHER WARRANTY: The COMPANY and all its suppliers disclaim all other war¬ranties, whether expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with regard to the SOFTWARE and the accompanying written materials.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES: In no event shall the COMPANY and its suppliers be liable for any special, incidental, punitive, indirect or consequential damages whatsoever (including but not limited to damages for loss of profits, loss of confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reason¬able care, negligence, and any other pecuniary or other loss whatever) arising out of or in any way related to the use of or inability to use the SOFTWARE, or failure to provide support or other services, information and related content through the SOFTWARE, or otherwise arising out of the use of the SOFTWARE, even if the COMPANY or any  supplier has been advised of the possibility of such damages.

JURISDICTION: In the event of any dispute whatsoever arising between the parties in any way connected with the interpretation or implementation of any term of this document, or in any way connected with the use or inability to use the SOFTWARE, the same shall be referred to the sole arbitration or a person to be appointed by the COMPANY, and the decision of the arbitrator will be final and binding on all parties. The arbitration proceedings shall always be held in the Republic of India. All disputes whatso¬ever that may arise shall be governed and construed in accordance with the laws prevail¬ing in the Republic of India.  Only competent courts within the Republic of India shall have jurisdiction in this regard.

For questions or clarifications please contact in writing to support@tallysolutions.com.  Please quote your ACCOUNT and/or SERIAL NUMBER in all correspondence or contact with the COMPANY concerning the SOFTWARE.