NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT ("AGREEMENT"), FOR THE LICENSE OF Bijoy Bayanno,("SOFTWARE") PRODUCED BY Ananda Computers. IF YOU HAVE PURCHASED THIS SOFTWARE VIA THE INTERNET BY DOWNLOADING, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON THAT INDICATES THAT YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT AND DO NOT INSTALL THE SOFTWARE & DO NOT USE IT.
IF YOU HAVE PURCHASED THIS SOFTWARE ON A PHYSICAL MEDIUM, HAVING BROKEN THE CD'S SLEEVE OR OPENED THE BOX, OR INSTALLED THE SOFTWARE YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT DO NOT BREAK THE CD's SLEEVE, DOWNLOAD, and INSTALL OR USE THIS SOFTWARE.
By THE LEGISLATION, REGARDING Bijoy Bayanno, SOFTWARE INTENDED FOR INDIVIDUAL CONSUMERS PURCHASED ONLINE FROM THE Ananda Computers OR ITS PARTNER'S INTERNET WEB SITE, THIS SOFTWARE NEITHER WILL BE RETURNED NOR EXCHANGED EXCEPT FOR CONTRARY PROVISIONS FROM THE PARTNER WHO SELLS THE PRODUCT. IN THIS CASE, Ananda Computers WILL NOT BE HELD BY THE PARTNER'S CLAUSES.
THE RIGHT TO RETURN AND REFUND EXTENDS ONLY TO THE ORIGINAL PURCHASER.
All references to "Software" herein shall be deemed to include the software activation code with which you will be provided by Ananda Computers as part of the Bijoy Bayanno.1. License Grant. Subject to the payment of the applicable license fees, and subject to the terms and conditions of this Agreement, Ananda Computers hereby grants you the non-exclusive, non-transferable right to use one copy of the specified version of the Software and the accompanying documentation (the "Documentation") for the term of this Agreement solely for your own internal private, organizational or business purposes in a specific computer. You may install one copy of the Software on one specific computer only.
1.1 Use. The Software is licensed as a specific single product; it should not be used on more than one computer or by more than one user at a time, except as outlined in this Section.
1.1.1 The Software is "in use" on a computer when it is loaded into the temporary memory (i.e., random-access memory or RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or another storage device) of that computer. This license authorizes you to make only as many backup copies of the Software as are necessary for its lawful use and solely for backup purposes, provided that all such copies contain all of the Software's proprietary notices. You shall maintain records of the number and location of all copies of the Software and Documentation and will take all reasonable precautions to protect the Software from unauthorized copying or use.
1.1.2 If you sell the computer on which the Software is installed, you will ensure that all copies of the Software have been previously deleted.
1.1.3 You shall not decompile, reverse engineer, disassemble or otherwise reduce any part of this Software to a humanly readable form nor permit any third party to do so. The interface information necessary to achieve interoperability of the Software with independently created computer programs will be provided by Ananda Computers by request on payment of its reasonable costs and expenses for procuring and supplying such information. If Ananda Computers notifies you that it does not intend to make such information available for any reason, including (without limitation) costs, you shall be permitted to take such steps to achieve interoperability, provided that you only reverse engineer or decompile the Software to the extent permitted by law.
1.1.4 You shall not make error corrections to, otherwise modify, adapt, or translate the Software, create derivative works of the Software, nor permit any third party to copy (other than as expressly permitted herein).
1.1.5 You shall not rent, lease or lend the Software to any other person, nor transfer or sub-license your license rights to any other person.
1.1.6 You shall not use this Software in automatic, semi-automatic, or manual tools designed to create Keyboard Layouts, Fonts, and other utilities to write any language other than a Computer.
- Support.
(i) Ananda Computers will provide you with the support services ("Support Services") as defined below for one year since the moment of activation on:
(a) Payment of its then-current support charge, and:
(b) Successful completion of the Support Services Subscription Form if provided to you with this Agreement or as available on the Ananda Computers website, which will require you to enter the activation code that will have been provided to you by Ananda Computers with this Agreement. It shall be at the absolute discretion of Ananda Computers whether or not you have satisfied this condition for the provision of Support Services.
Support Services shall become available after Software activation. Ananda Computer's technical support service is also entitled to demand from the End User additional registration for identifier awarding for Support Services rendering.
Until Software activation and/or obtaining of the End User identifier (Customer ID) technical support service renders only assistance in Software activation and registration of the End User.
(ii) By the completion of the Support Services Subscription Form you consent to the terms of the Ananda Computers Privacy Policy, you explicitly consent to the transfer of data to other countries outside your own as set out in the Privacy Policy.
(iii) Support Services will terminate unless renewed annually by payment of the then-current annual support charge and by successful completion of the Support Services Subscription Form again.
(iv) "Support Services" means:
(a) Describing the way of writing through Bijoy Bayanno.
(b) Any technical problem with Bijoy Bayanno - Ownership Rights. The Software is protected by copyright laws. Ananda Computers and its suppliers own and retain all rights, titles, and interests in and to the Software, including copyrights, patents, designs, trademarks, and other intellectual property rights. Your possession, installation, or use of the Software does not transfer any title to the intellectual property in the Software to you, and you will not acquire any rights to the Software except as expressly outlined in this Agreement.
- Confidentiality. You agree that the Software and the Documentation, including the specific design and structure of individual programs, constitute confidential proprietary information of Ananda Computers. You shall not disclose, provide, or otherwise make such confidential information available to any third party without the prior written consent of Ananda Computers. You shall implement reasonable security measures to protect such confidential information, but without limitation to the foregoing shall use your best endeavors to maintain the security of the activation code.
- Limited Warranty.
(i) Ananda Computers warrants that for six (6) months from first download or installation the Software purchased on a physical medium will perform substantially by the functionality described in the Documentation when operated properly and in the manner specified in the Documentation.
(ii) You accept all responsibility for the selection of this Software to meet your requirements. Ananda Computers does not warrant that the Software and/or the Documentation will be suitable for such requirements nor that any use will be uninterrupted or error-free.
(iii) Ananda Computers does not warrant that this software works in all environments.
(iv)Your sole remedy and the entire liability of Ananda Computers for breach of the warranty at paragraph (i) will be at Ananda Computers' option to repair, replace, or refund the Software if reported to Ananda Computers or its designee during the warranty period. You shall provide all information as may be reasonably necessary to assist the Supplier in resolving the defective item.
(v) The warranty shall not apply if you (a) make or cause to be made any modifications to this Software without the consent of Ananda Computers, (b) use the Software in a manner for which it was not intended, or (c) use the Software other than as permitted under this Agreement.
(vi) The warranties and conditions stated in this Agreement are instead of all other conditions, warranties, or other terms concerning the supply or purported supply of, failure to supply, or delay in supplying the Software or the Documentation which might but for this paragraph (vi) have effect between the Ananda Computers and your or would otherwise be implied into or incorporated into this Agreement or any collateral contract, whether by statute, common law or otherwise, all of which are hereby excluded (including, without limitation, the implied conditions, warranties or other terms as to the satisfactory quality, fitness for purpose or as to the use of reasonable skill and care). - Limitation of Liability.
(i) Nothing in this Agreement shall exclude or limit Ananda Computers' liability for (a) the tort of deceit, (b) death or personal injury caused by its breach of a common law duty of care, or any negligent breach of a term of this Agreement, or (c) any other liability which cannot be excluded by law.
(ii) Subject to paragraph (i) above, Ananda Computers shall bear no liability (whether in contract, tort, and restitution or otherwise) for any of the following losses or damage (whether such losses or damage were foreseen, foreseeable, known or otherwise):
(a) Loss of revenue;
(b) Loss of actual or anticipated profits (including loss of profits on contracts);
(c) Loss of the use of money;
(d) Loss of anticipated savings;
(e) Loss of business;
(f) Loss of opportunity;
(g) Loss of goodwill;
(h) Loss of reputation;
(i) Loss of, damage to, or corruption of data, or:
(j) Any indirect or consequential loss or damage howsoever caused (including, for the avoidance of doubt, where such loss or damage is of the type specified in paragraphs (ii), (a) to (ii), (i).
(iii) Subject to paragraph (i), the liability of Ananda Computers (whether in contract, tort, restitution, or otherwise) arising out of or in connection with the supply of the Software shall in no circumstances exceed a sum equal to the amount equally paid by you for the Software. - This Agreement contains the entire understanding between the parties concerning the subject matter hereof and supersedes all and any prior understandings, undertakings, and promises between you and Ananda Computers, whether oral or in writing, which has been given or may be implied from anything written or said in negotiations between us or our representatives before this Agreement and all prior agreements between the parties relating to the matters aforesaid shall cease to have effect as from the Effective Date.