IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL AND PURCHASE.
ProductsDesigner End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and ProductsDesigner. for the ProductsDesigner software product(s) identified above which may include associated software components, media, printed materials, and “online” or electronic documentation (“SOFTWARE PRODUCT”). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and ProductsDesigner, (referred to as “licenser”), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE
Subject to the terms and conditions of the Agreement, PRODUCTSDESIGNER grants to you a non-exclusive, non-transferable license to use the SOFTWARE PRODUCT. You may use the Licensed Program in executable format for its own use. You may not, however, transfer or sublicense the SOFTWARE PRODUCT to any third party, in whole or in part, in any form, whether modified or unmodified.
You may make copies of the SOFTWARE PRODUCT in executable code form as necessary for backup or archive purposes. You agree to maintain records of the location and use of each copy, in whole or in part, of the SOFTWARE PRODUCT. Each SOFTWARE PRODUCT is copyrighted but unpublished by PRODUCTSDESIGNER. You agree to reproduce and apply the copyright notice and proprietary notice of PRODUCTSDESIGNER to all copies made hereunder, in whole or in part and in any form, of SOFTWARE PRODUCT.
3. NON-REFUNDABLE LICENSE FEE
You can believe in our success story and purchase our SOFTWARE PRODUCTS with confidence. However, it is assumed that before purchasing and making payment, you have evaluated the SOFTWARE PRODUCT completely as per your requirements. So, if you elect to cancel your SOFTWARE PRODUCT license after purchase, you will receive no refund.
The original and any copies of the SOFTWARE PRODUCT, made by you, including compilations, partial copies, modifications, and updates, are the property of PRODUCTSDESIGNER.
5. PROPRIETARY RIGHTS
You recognize that PRODUCTSDESIGNER regards the SOFTWARE PRODUCT as its proprietary information and as confidential trade secrets of great value. You agree not to provide or to otherwise make available in any form the SOFTWARE PRODUCT, or any portion thereof, to any person other than employees of you without the prior written consent of PRODUCTSDESIGNER. You further agree to treat the SOFTWARE PRODUCT with at least the same degree of care with which you treats its own confidential information and in no event with less care than is reasonably required to protect the confidentiality of the SOFTWARE PRODUCT.
The license granted hereunder shall continue unless and until terminated pursuant to Section 7 hereof and subject to your proper performance of its obligations hereunder.
PRODUCTSDESIGNER may terminate this Agreement if YOU is in default of any of the terms and conditions of this Agreement and fails to correct such default within seven (7) days after written notice thereof from PRODUCTSDESIGNER.
8. TERMINATION CERTIFICATE
In the event of termination, you will immediately discontinue use of the SOFTWARE PRODUCT. Within one (1) month after termination of this Agreement, You will furnish to PRODUCTSDESIGNER a certificate which certifies with respect to each of the SOFTWARE PRODUCT that, through its best effort and to the best of its knowledge, the original and all copies, in whole or in part and in any form, of each of the SOFTWARE PRODUCT have been destroyed. The provisions of Sections 4, 5, 8, 11, and 13 hereof shall survive any termination of this Agreement.
9. MAINTENANCE SUPPORT
Licenser will provide to you the following support with respect to the Software:
(i) If during the 60 days of this Agreement, you notifies Licenser of a substantial program error respecting the Software, or Licenser has reason to believe that error exists in the Software and so notifies you, Licenser shall at its expense verify and attempt to correct such error within seven (7) working days after the date of notification.
(ii) In the case that you have technical questions in the use of the Software during the 90 days of this Agreement, You may submit those questions to Licenser. Licenser shall provide consulting to answer such questions without charge to you up to a maximum of twenty four (48) hours for each SOFTWARE PRODUCT.
(iii) Licenser may provide you with support services related to the SOFTWARE PRODUCT (“Support Services”). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
(iv) If you desire to continue the Software support specified in this section, you shall pay to Licenser the maintenance fee as mutually agreed upon.
10. DELIVERY OF SOFTWARE PRODUCT
PRODUCTSDESIGNER will setup to your server OR email (as zip format) the SOFTWARE PRODUCT “AS IS” within 72 hours, once PRODUCTSDESIGNER get the payment.
11. WARRANTY DISCLAIMER
PRODUCTSDESIGNER licenses, and you accepts, the SOFTWARE PRODUCT “AS IS.” PRODUCTSDESIGNER PROVIDES NO WARRANTIES AS TO THE FUNCTION OR USE OF THE SOFTWARE PRODUCT, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE PRODUCT IS WITH YOU. LICENSER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE PRODUCT WILL MEET YOU’S REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE.
12. PATENT AND COPYRIGHT INDEMNITY
PRODUCTSDESIGNER will defend at its own expense any action brought against you to the extent it is based on a claim that the SOFTWARE PRODUCT used within the scope of the license granted hereunder infringe a Bangladesh patent, copyright or other proprietary right of a third party. PRODUCTSDESIGNER will pay any costs, damages or attorney fees finally awarded against you in such action which are attributable to such claim, provided PRODUCTSDESIGNER is promptly notified in writing of such claim, may control the defense and/or settlement of such claim, and is provided with all requested assistance, information and authority. In the event that a SOFTWARE PRODUCT becomes, or in PRODUCTSDESIGNER’s opinion is likely to become, the subject of a claim of infringement of a Bangladesh patent, copyright or trade secret, PRODUCTSDESIGNER may at its option either secure your right to continue using the SOFTWARE PRODUCT, replace or modify the SOFTWARE PRODUCT to make them not infringing, straight-line basis. PRODUCTSDESIGNER shall have no liability for any claim of patent, copyright or trade secret infringement based on the use of a SOFTWARE PRODUCT in any form other than the original, unmodified form provided to You or the use of a combination of the SOFTWARE PRODUCT with hardware, software or data not supplied by PRODUCTSDESIGNER where the used SOFTWARE PRODUCT alone in their original, unmodified form would not constitute an infringement. The foregoing states your entire liability for infringement or claims of infringement of patents, copyrights or other intellectual property right.
13. LIMITATION OF LIABILITY
PRODUCTSDESIGNER’S LIABILITY TO YOU UNDER ANY PROVISIONS OF THIS AGREEMENT FOR DAMAGES FINALLY AWARDED SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID HEREUNDER BY YOU TO PRODUCTSDESIGNER. IN NO EVENT SHALL PRODUCTSDESIGNER BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOSS OF PROFITS OR INTERRUPTION OF BUSINESS, HOWEVER CAUSED OR ON ANY THEORY OF LIABILITY.
14. GOVERNING LAW/FORUM
This Agreement shall be governed and interpreted by the laws of the Bangladesh. Dhaka shall be the appropriate venue and jurisdiction for the resolution of any disputes hereunder. Both parties hereby consent to such personal and exclusive jurisdiction.
This Agreement and the licenses granted by it may not be assigned, sublicensed, or otherwise transferred by you without the prior written consent of PRODUCTSDESIGNER.