ALTERNATIVE TECHNOLOGY SOFTWARE End User License Agreement
IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU AND ALTERNATIVE TECHNOLOGY. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU AND PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY LOGGING IN TO THE SOFTWARE FOR ITS INSTALLATION AND USAGE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT LOG IN TO THE SOFTWARE AND CLAIM FOR A REFUND.
Alternative Technology owns all intellectual property in the Software. Alternative Technology permits you to use the Software only in accordance with the terms of this Agreement. You may not reverse engineer, decompile, or disassemble the software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
“Software” means only the GALAINCHA software supplied by Alternative Technology herewith, and corresponding documentation, associated media, printed materials, and online or electronic documentation.
You may use one copy of the Software on a single computer in the offline mode. You may login from one computer at a time in online mode.
After written notice to Alternative Technology, you may transfer the Software on a permanent basis to another person or entity, provided that you retain no copies of the Software and the transferee agrees to the terms of this license.
Other than as set forth in Section 2, you may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network.
You may not alter, merge, modify, adapt or translate the Software reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software, unless otherwise provided herein, you may not rent, lease, or sublicense the Software.
You may not use a previous version or copy of the Software after you have received a disk replacement set or an upgraded version. Upon upgrading the Software, all copies of the prior version must be destroyed;
YOU ACKNOWLEDGE THAT YOU ARE USING THE COMPUTER PROGRAM AT YOUR OWN RISK, AND THE LOGIN FROM THE WEBSITE IS PROVIDED "AS IS." Alternative Technology HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE. Alternative Technology DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE SHOWCASE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE.
THE ALTERNATIVE TECHNOLOGY SHALL NOT BE LIABLE TO ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF USE OF THIS PROGRAM AND WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED, RELIANCE ON THE WEBSITE OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION.
Alternative Technology warrants that the media on which the Software is distributed will be free from defects for a period of thirty (30) days from the date of delivery of the Software to you. Alternative Technology does not warrant that the Software will meet your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free.
The above warranty is exclusive and in lieu of all other warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property rights. This warranty gives you specific legal rights. You may have other rights, which vary from country to country.
If you use this software, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel subscription in our sole discretion.
You are solely responsible for creating back-ups of your digital content. Alternative Technology is not responsible for any loss of data and/or files resulting from our suspension or deletion of data and/or files, network or system outages, file corruption or for any other reason.
Alternative Technology’s highest priority is its members’ trading success. However, the http://galaincha.com.np/ site may occasionally experience outages during which users cannot access the software. As Alternative Technology has not control over such outages or internet connectivity, we offer no outage Policy to compensate for member inconvenience.
Due to the very nature of lack of precision in appearance of same color across different computer, and due to the individual nature of the weavers and factories, the color and texture of the actual rug may vary from what is seen on the computer screen.
We will not sell, or give, or otherwise share your details with any third party. The information we collect about you is purely for the purpose of processing your order and providing you with the best possible service. From time to time we may contact you via email or on-line service regarding new products or special offers if you have not expressly asked us not to contact you.
We will never collect sensitive information about you without your consent. The information we collect is held as securely as possible on our own independent database so as to ensure that it is virtually impossible for anyone to gain unauthorized access to your personal data.
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of Alternative Technology. Updates may be licensed to you by Alternative Technology with additional or different terms. This is the entire agreement between Alternative Technology and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.
You agree to indemnify Alternative Technology and its employees and agents, and to hold them harmless from any and all claims and liabilities (including attorneys' fees) that may arise from your submissions, from your unauthorized use of digital content obtained through the internet, from your breach of this Agreement, or from any such acts arising through your use of the program.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
LAW AND FORUM FOR DISPUTES
This Agreement shall be governed in all respects by the laws of Nepal as they apply to agreements entered into and to be performed entirely within Nepal between Nepali residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Alternative Technology or any of our design showcase hosts must be resolved by a court located in Kathmandu, Nepal. You agree to submit to the personal jurisdiction of the courts located within Kathmandu, Nepal for the purpose of litigating all such claims or disputes.