Terms And Conditions For Software and Services ("Terms of Use")



IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND PRINT IT OR GO TO HTTP://WWW.GARGTC.COM/DOWNLOADS/EN-US/FILES/GTCPL.TERMS.AND.CONDITIONS.PDF TO OBTAIN A DOWNLOADABLE COPY OF THE CURRENT VERSION OF THESE TERMS AND CONDITIONS TO MAINTAIN A COPY FOR YOUR RECORDS.

THESE TERMS AND CONDITIONS, THE DOCUMENTATION (AS DEFINED BELOW), AND THE OTHER ITEMS INCORPORATED BY REFERENCE HEREIN AND THEREIN (COLLECTIVELY, THE "AGREEMENT") IS BETWEEN ‘GARG TECHNOLOGIES & CONCEPTS PVT. LTD.’ (HEREAFTER REFERRED TO AS GTCPL) ENTITY THAT ACCEPTS THE ORDER FORM FOR THE APPLICABLE SOFTWARE OR SERVICE ("GTCPL," "WE," OR "US") AND THE INDIVIDUAL OR LEGAL ENTITY DOWNLOADING, COPYING, INSTALLING, ORDERING, RECEIVING OR USING GTCPL OR GTCPL-SUPPLIED SOFTWARE OR SERVICES, OR THAT CLICKS THE "ACCEPT" BUTTON OR CHECK BOX DISPLAYED AS PART OF THE PROCUREMENT, COPY, INSTALLATION, UPGRADE OR UPDATE PROCESS ("CUSTOMER," "YOU," OR "YOUR"). YOU MAY ENTER THE AGREEMENT WITH MULTIPLE GTCPL ENTITIES WITH RESPECT TO DIFFERENT SOFTWARE AND SERVICE ORDERS AND NO GTCPL ENTITY HAS THE RIGHT TO ENTER ANY CONTRACT ON BEHALF OF OR AS AGENT FOR ANY OTHER GTCPL ENTITY. IF YOU ARE ENTERING INTO THE AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, IN WHICH CASE THE TERMS "CUSTOMER," "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. GTCPL IS WILLING TO LICENSE THE GTCPL OR GTCPL- SUPPLIED SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL THE TERMS CONTAINED IN THE AGREEMENT. BY DOWNLOADING, COPYING, INSTALLING, ORDERING, RECEIVING OR OTHERWISE USING GTCPL OR GTCPL-SUPPLIED SOFTWARE OR SERVICES, OR BY CLICKING THE "ACCEPT" BUTTON OR CHECK BOX DISPLAYED AS PART OF THE PROCUREMENT, INSTALLATION, UPGRADE OR UPDATE PROCESS, YOU ACCEPT AND AGREE TO BE BOUND BY, THE AGREEMENT. YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND ALL OF THE PROVISIONS OF THE AGREEMENT.

GTCPL OFFERS SOFTWARE AND SERVICES ONLY SUBJECT TO THE AGREEMENT AND THEREFORE YOU MUST ACCEPT THE AGREEMENT BEFORE YOU CAN DOWNLOAD, COPY, INSTALL, UPGRADE, UPDATE, ORDER, RECEIVE OR OTHERWISE USE GTCPL OR GTCPL-SUPPLIED SOFTWARE OR SERVICES. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE AGREEMENT, THEN GTCPL IS UNWILLING TO OFFER, LICENSE OR SELL THE GTCPL OR GTCPL-SUPPLIED SOFTWARE OR SERVICES TO YOU AND YOU MAY NOT DOWNLOAD, COPY, INSTALL, ORDER, RECEIVE OR USE THEM.

By using this web site (the "Site") operated by GTCPL, its affiliated companies or organizations, you agree to be bound by all terms, conditions and notices contained or referenced herein (the "Terms of Use"). We may change the Terms of Use at any time by posting revisions to the Site, and your continued use of the Site indicates your agreement to the revised terms. Accordingly, we urge you to review the Terms of Use, and if you do not agree to the terms of this or any revised policy, please exit the site immediately and do not purchase any products. Additionally, each product is licensed under our End User License Agreement (EULA), Please read this license before purchasing.

Products and Services
This Site features products and services (such as software used for web site design) available for purchase and this Site serves as an advertisement for those products and services. We cannot guarantee that every product or service mentioned or advertised on this Site will be available for purchase at any given time. Further, we reserve the right to cease production of certain products and services or add additional products or services without modifying any information on this Site. We do not offer refunds on any of our products. See our Cancellation & Refund Policy. The prices posted on this Site while believed to be up-to-date and accurate, are also subject to change without notice and the actual selling price may be more or less than noted on this Site.

Links to Third Party Sites
The Site contains links to other web sites operated by third parties. The linked web sites are not under our control, and we are not responsible for the contents of any linked web site or subsequent links from that web site. Please review the linked web site's terms of use agreements, and if you do not agree to be bound by the terms governing that web site, we recommend that you terminate your visit to that web site. We provide links only as a courtesy to our users, and such links do not imply our endorsement of any linked web site.

Master Language Content
This Site may contain pages and content in multiple languages (e.g. Chinese, Spanish, English). You are hereby notified that the English content pages are the master definitions, which document product features, capabilities, specifications, requirements, and other all other information. The English pages are the master content specification for this Site. While we strive to keep all other page languages updated, the English page contents should serve as your master reference and definitive Site content.

Intellectual Property
You acknowledge that all content and materials available on this Site are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by GTCPL or its licensors. You may only use the Site as expressly permitted in this Terms of Use and for no other purpose. GTCPL or our licensors retain exclusive ownership of all data, material and other information regarding your use of the Site. Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on the Site. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission is prohibited. Unless otherwise indicated, all logos, names and marks on the Site are trademarks or service marks or used under license by GTCPL. The use or misuse of any of these materials is strictly prohibited.
Notice and Procedure for Making Claims of Copyright Infringement, notifications of claimed copyright infringement should be sent to GTCPL. If you believe that your copyrighted work has been copied and is available on the Site in a way that constitutes copyright infringement, please contact:
Garg Technologies & Concepts Pvt. Ltd., G43, One Mart Commercial Complex, Sector 6, Vasundhara, Ghaziabad, UP, India - 201010
Please review Section 512(C) to ensure that your notice to use is proper. If you have questions about providing us with proper notice, please consult an attorney. Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Disclaimer of Warranties
You expressly agree that all materials, information, and services included in or available through the site (the "content") are provided "as is" and "as available" for your use. The content is provided without warranties of any kind, either express or implied, including, but not limited to, warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose or otherwise, other than those warranties which are incapable of exclusion, restriction or modification under applicable law. GTCPL makes no warranty that the content of the site is accurate, reliable or correct; that the site will be available at any particular time or location; that any defects or errors will be corrected; that the content is free of viruses or other harmful components; or that you will achieve successful results from following any instructions, directions or recommendations on the site.

Limitation of Liability
Under no circumstances shall GTCPL or its licensors be liable for any direct, indirect, punitive, incidental, special or consequential damages that result from the use of, or inability to use, the site or from information provided on the site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if we have been advised of the possibility of such damage because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, our liability in such jurisdictions shall be limited to the extent permitted by law.

Indemnification
You agree to defend, indemnify, and hold GTCPL, and its employees, contractors, officers and directors harmless from all liabilities, claims and expenses, including attorney's fees, that arise from your use or misuse of the Site or the content therein and/or for any claims against GTCPL arising from content, materials or information you provide to GTCPL or its affiliated organizations. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Other Agreements
This Site features software products that may be used subject to other agreements such as an End User License Agreement or a software license. Nothing in this Terms of Use will affect the terms set forth in those other agreements or modifications to those agreements. Further, should any of the terms or provisions of this Terms of Use conflict with the End User License Agreement or software license or any modifications of those agreements, the provisions of those agreements shall supersede any provision of this Terms of Use Agreement.

International Use
By choosing to access the Site from any location other than India, you accept full responsibility for compliance with all local laws that are applicable. GTCPL makes no representation that materials on the Site are appropriate or available for use in locations outside India, and accessing them from territories where their contents are illegal is prohibited.

Choice of Law This Agreement shall, for all domestic and international purposes, be governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of New Delhi, India, without regard to conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be filed only in the courts located in New Delhi, India, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Integration and Severability
This Terms of Use constitutes the entire agreement between GTCPL and you with respect to the Site and supersedes all prior or contemporaneous communications and proposals between us with respect to the Site. If any provision of this Terms of Use agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.

Unauthorized Use and Termination
You agree to use the Site only for authorized and legal activities. GTCPL reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without notice and for any reason whatsoever.

Release of Download Files On Ordering
We reserve the right to not send/ship software download products to customers ordering from "free" email accounts, such as google.com, hotmail.com, gmail.com, etc. Upon ordering, you may be asked to provide a non-free email account for us to assign to your orders, to ensure delivery. We have adopted this policy to help combat internet fraud, and we thank all customers for their cooperation. Download files will be released within 24 hrs of purchase if received during normal business hours (10 AM IST -> 6 PM IST); orders received after business hours, or on weekends or holidays will be released on the next business day. You will then receive an e-mail with the download instructions if your order contains downloadable files. If you ordered using a free email address (e.g. yahoo.com, google.com, hotmail.com, aol.com, etc...), you may need to update your account to a non-free email address in order to receive the download file instructions. Each order goes through a series of fraud checking measures, and we thank you for your understanding.

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