ALTERNATIVE TECHNOLOGY PVT. LTD. SOFTWARE End User License Agreement
Important: This software end user license agreement ("Eula") is a legal agreement between you and Alternative Technology Pvt. Ltd. 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 into the software and claim for a refund.
Alternative Technology Pvt. Ltd. owns all intellectual property in the Software. Alternative Technology Pvt. Ltd. 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 Pvt. Ltd. herewith, and corresponding documentation, associated media, printed materials, and online or electronic documentation. The software does not include source code.
- "Authorized User" means the owner of Licensee (The company's owner or otherwise designated person by the company).
- LICENSE GRANTS
- Alternative Technology Pvt. Ltd. grants Licensee a non exclusive, non sublicensable, non transferable, limited license to company/person to be use within the territory specified during the purchase.
- Offline license
- When purchasing an offline license, a copy of the Software will be registered on a single computer. Offline license allows you to run the software without being connected to the Internet. The registration needs to be updated once every three months and an internet connection is needed to update the registration.
- In case you need to transfer the offline registration to another computer within the same company, the Authorized User needs to send a written notice to Alternative Technology Pvt. Ltd. with reason of transfer. Alternative Technology Pvt. Ltd. holds the right to decide whether to execute the transfer.
- Online license
- An online license requires the presence of internet at all times while working on the software. An online license allows you to use Galaincha from only one computer at a time. Login may be denied for some time when switching computers.
- LICENSE RESTRICTION
- Other than as set forth in Section 2, you may not make or distribute copies of the Software, use license outside the designated territory 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, license, assign, transfer, timeshare, host, lend, sublicense, distribute, or lease the Software.
- Alternative Technology Pvt. Ltd. provides non transferable license, so you may not transfer the license under any circumstances without Alternative Technology Pvt. Ltd.'s prior written consent/approval, any such consented to or approved transferee must acknowledge, accept and agree in writing to be bound by the terms and conditions of this EULA.
- The Software or account details may not be copied, distributed, used, posted, adapted, prepare derivatives of or displayed in any form or manner on any online auction sites or any other site or material of any kind without the express prior written permission of Alternative Technology Pvt. Ltd..
- You may not use a previous version or copy of the Software after you upgraded version. Upon upgrading the Software, all copies of the prior version must be destroyed.
- Any transfer or posting made in violation of the requirements, conditions, or restrictions of this section will be void and may result in termination of this EULA.
- 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 PVT. LTD. 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 Pvt. Ltd. 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 PVT. LTD. 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.
- LIMITED WARRANTY
- Alternative Technology Pvt. Ltd. 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.
- YOUR ACCOUNT
- The Authorized User is responsible for maintaining the confidentiality of the account details and for restricting access/misuse of the Software. The Authorized User agrees to accept responsibility for all activities that occur under the License. Alternative Technology Pvt. Ltd. reserves the right to refuse service, terminate or cancel the License without refund in our sole discretion if found violating the agreement.
- You are solely responsible for creating back-ups of your digital content. Alternative Technology Pvt. Ltd. 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.
- SERVICE LIMITATIONS
Alternative Technology Pvt. Ltd.'s highest priority is its users' trading success. However, the our sites may occasionally experience outages during which users cannot access the software. As Alternative Technology Pvt. Ltd. does not have control over such outages or internet connectivity, we offer no outage Policy to compensate for our users' inconvenience.
- Product variation:
Due to the very nature of lack of precision in appearance of same color across different computer, the color and texture of the actual rug may vary from what is seen on the computer screen. The material estimations of wastage are based on standard yarn length based mathematical approximation of Nepalese knotting system. It may vary depending upon the individual nature of the weavers and factories, yarn type, weaving conditions, as well as method of production and calculation at individual factories.
- 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 purchasing the products 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.
- GENERAL PROVISIONS
- 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 Pvt. Ltd. Updates may be licensed to you by Alternative Technology Pvt. Ltd. with additional or different terms. This is the entire agreement between Alternative Technology Pvt. Ltd. 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 Pvt. Ltd. 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 Pvt. Ltd. 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.
Should you have any questions, complaints or claims with respect to the Software, or if you desire to contact Alternative Technology Pvt. Ltd. or for any reason, please write to us at:
Alternative Technology Pvt. Ltd.
Tafuaswan Marg, Khusibun, Nayabazar,
GPO Box 5327,
Updated on June 14, 2018