Official Software License Agreement

Terms & Conditions & License Agreement

Please read this License Agreement carefully before installing, activating, accessing, renewing, or using AdvPACK 9.1 ERP software.

Last Updated: April 2024Version: AdvPACK 9.1Jurisdiction: Nagpur, India

Clause 02

1 PC / 1 User

Single concurrent user license

Clause 09

Annual Term

Renewable subscription license

Clause 12

48-Hr Refund

From license activation time

Clause 07

QR Code Duty

Managed & verified by customer

Clause 10

Data Backup

Customer sole responsibility

Clause 18

Nagpur Courts

Maharashtra, India jurisdiction

License Agreement

By installing, activating, accessing, renewing, or using AdvPACK 9.1 (“Software”), you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this License Agreement (“Agreement”).

01

Disclaimer of Warranty

AdvPACK 9.1 is provided “AS IS” without warranty of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or reliability.

Disclaimer & Risk

You use the Software entirely at your own risk. Advance Software Inc. shall not be liable for any data loss, business interruption, system failure, loss of profits, indirect damages, incidental damages, consequential damages, or any other loss arising from the use of, or inability to use, the Software, to the maximum extent permitted by applicable law.

02

License Grant

Advance Software Inc. grants the customer a personal, limited, non-exclusive, non-transferable license to install and use one copy of the Software on a single computer for use by one concurrent user only.

This license grants a limited right to use the Software and does not transfer ownership, copyright, intellectual property rights, or any other proprietary rights in the Software to the customer.

03

Restrictions

The customer may not:

  • Rent, lease, sublicense, sell, assign, distribute, or transfer the Software or license.
  • Modify, adapt, reverse engineer, decompile, disassemble, translate, or create derivative works from the Software.
  • Remove, alter, or obscure any copyright notices, trademarks, license information, or proprietary notices.
  • Copy or reproduce the Software except as expressly permitted under this Agreement.
  • Circumvent, disable, or attempt to bypass any licensing, activation, authentication, or security mechanisms.
  • Use the Software in violation of applicable laws or regulations.

Any unauthorized use or violation of these restrictions may result in immediate termination or suspension of the license without notice.

04

Technical Support

Limited technical support may be provided by Advance Software Inc. through telephone, email, remote assistance, messaging platforms, or other communication channels at the sole discretion of Advance Software Inc.

Support availability, response time, duration, and scope are not guaranteed.

Technical support does not constitute a guarantee that every issue, error, configuration problem, or third-party compatibility issue will be resolved.

Installation Assistance: Installation and configuration assistance, where available, is provided as a technical support service and is subject to availability. The customer is responsible for ensuring that they have the necessary computer, operating environment, technical personnel, permissions, and access required for installation and configuration of the Software.

The customer is responsible for making the necessary personnel and resources available for installation or remote assistance. Failure or inability of the customer to arrange installation, provide the required access, or make the necessary personnel available shall not, by itself, constitute a defect in the Software or entitle the customer to a refund.

Advance Software Inc. shall not be responsible for delays in installation resulting from the customer's unavailability, lack of technical personnel, hardware or operating-system limitations, restricted access, network issues, or other circumstances outside the reasonable control of Advance Software Inc.

05

Software Functionality

Advance Software Inc. does not warrant that:

  • The Software will meet every business requirement.
  • The Software will operate without interruption.
  • The Software will be completely error-free.
  • The Software will be compatible with every hardware or operating system configuration.
  • Every feature will remain available in future versions.

Advance Software Inc. reserves the right to modify, update, add, remove, discontinue, or replace any feature or functionality of the Software without prior notice.

06

Accuracy of Information

Advance Software Inc. shall not be responsible for incorrect entries, calculations, invoices, reports, tax calculations, accounting records, inventory records, customer information, financial records, or other information generated or processed by the Software where such inaccuracies result from incorrect configuration, incorrect user input, incorrect data, user error, or misuse of the Software.

Customer Responsibility for Verification

The customer is solely responsible for reviewing and verifying all information generated by the Software before relying upon it for business, accounting, financial, tax, legal, or other purposes.

The Software is not a substitute for professional accounting, taxation, legal, or financial advice.

07

QR Code and Payment Disclaimer

AdvPACK allows users to add, edit, replace, or remove payment QR codes, including but not limited to UPI QR codes, bank QR codes, payment gateway QR codes, or other payment identifiers, on invoices, receipts, quotations, or other printed or digital documents.

The QR code and its associated payment details are entirely managed, uploaded, modified, and maintained by the customer.

Advance Software Inc.:
  • •Does not verify the ownership, validity, or correctness of any QR code.
  • •Does not verify the linked bank account, UPI ID, payment gateway, wallet, or beneficiary details.
  • •Shall not be responsible for payments made to an incorrect account.
  • •Shall not be responsible if funds are not credited to the intended beneficiary.
  • •Shall not be responsible for duplicate payments, failed payments, delayed settlements, fraudulent QR codes, incorrect QR codes, or financial disputes arising from the use of QR codes.
  • •Shall not be liable for any loss, damage, claim, chargeback, fraud, or legal dispute resulting from QR codes added or modified by the customer, to the maximum extent permitted by applicable law.

By using the QR code functionality, the customer acknowledges that responsibility for verifying the accuracy and validity of the QR code and associated payment details rests with the customer.

08

Third-Party Services

Certain features of the Software may rely upon third-party services, including but not limited to:

WhatsAppSMS gatewaysEmail servicesPDF generation librariesCloud servicesPayment gatewaysGovernment APIsBanking servicesOperating system servicesOther external APIs or service providers

Advance Software Inc. does not control these third-party services.

Third-party services may be modified, restricted, discontinued, become chargeable, experience downtime, change their terms, or cease functioning without prior notice.

The Software license fee does not include the cost of third-party services unless explicitly stated otherwise in writing.

Advance Software Inc. shall not be responsible for interruptions, failures, restrictions, or changes caused by third-party services.

09

Subscription License

AdvPACK is licensed on an annual subscription basis, unless otherwise specified in the customer's purchase agreement, invoice, or license documentation.

The license remains valid only for the subscribed period.

The Software may display license expiry reminders beginning approximately 15 days before the license expiration date.

It is the customer's responsibility to renew the subscription before the expiry date.

If the subscription is not renewed before the license expires:

  • •The Software license shall automatically expire.
  • •Certain Software features may become unavailable or partially disabled.
  • •Access to specific modules or functionality may be restricted until the license is renewed.
  • •Advance Software Inc. shall not be liable for business interruption, operational delays, data inaccessibility, or financial loss resulting from an expired subscription, to the maximum extent permitted by applicable law.

Renewal of the Software license does not guarantee uninterrupted availability of optional third-party services.

10

Data Backup

The customer is solely responsible for maintaining regular backups of all business and Software-related data.

Advance Software Inc. shall not be responsible for data loss resulting from:

Hardware failure
Power failure
Virus or malware
Operating system failure
User error
Accidental deletion
Third-party software conflicts
Hardware replacement or failure
Natural disasters
Software corruption
Any other unforeseen circumstances

Customers are strongly advised to maintain independent and regular backups of important business data.

11

Limitation of Liability

To the maximum extent permitted by applicable law, the total aggregate liability of Advance Software Inc., regardless of the cause of action or legal theory, shall not exceed the amount actually paid by the customer for the current annual Software subscription giving rise to the claim.

Under no circumstances shall Advance Software Inc. be liable for:

Loss of revenue
Loss of profits
Loss of business
Loss of customers
Loss of goodwill
Loss of data
Business interruption
Indirect damages
Incidental damages
Consequential damages
Punitive damages
Special damages

Nothing in this Agreement shall exclude or limit liability to the extent that such exclusion or limitation is prohibited by applicable law.

12

Refund Policy

48-Hour Refund Window

Due to the digital nature of the Software, the customer may request a refund within 48 hours from the date and time of license activation.

Any refund request received after 48 hours from license activation shall not be eligible for a refund.

The 48-hour refund period begins from the date and time the Software license is activated.

Any refund shall be processed subject to verification by Advance Software Inc. and applicable payment gateway or banking processing procedures.

13

Termination

Advance Software Inc. reserves the right to suspend or terminate the Software license immediately if the customer:

  • •Violates any provision of this Agreement.
  • •Uses the Software without a valid license.
  • •Attempts to bypass or circumvent the Software's licensing or security mechanisms.
  • •Transfers, resells, sublicenses, or distributes the Software without authorization.
  • •Engages in unauthorized copying, modification, reverse engineering, or other prohibited activities.

Upon termination or expiry of the license, the customer must immediately cease using the Software.

Termination of the license shall not affect any rights or obligations that accrued prior to termination.

14

Intellectual Property

The Software, including its source code, object code, user interface, design, documentation, graphics, trademarks, logos, features, and functionality, is the intellectual property of Advance Software Inc. or its respective licensors.

Nothing in this Agreement grants the customer ownership of or any intellectual property rights in the Software.

All rights not expressly granted under this Agreement are reserved by Advance Software Inc.

15

Updates and Upgrades

Advance Software Inc. may periodically provide updates, patches, fixes, improvements, or new versions of the Software.

Updates may modify existing functionality, introduce new functionality, remove functionality, or change system requirements.

Advance Software Inc. does not guarantee that all updates or future versions will be compatible with the customer's existing hardware, operating system, third-party software, or business processes.

16

Customer Responsibility

The customer is responsible for:

  • Providing accurate information during license registration and activation.
  • Maintaining the security of their license credentials and activation information.
  • Ensuring that their computer and operating environment meet the Software's requirements.
  • Maintaining adequate backups of their data.
  • Verifying invoices, reports, calculations, tax information, and other business records generated by the Software.
  • Ensuring that their use of the Software complies with applicable laws and regulations.

Advance Software Inc. shall not be responsible for problems arising from the customer's failure to meet these responsibilities.

17

Changes to This Agreement

Advance Software Inc. reserves the right to modify or update this License Agreement from time to time.

The updated Agreement may be provided through the Software, website, documentation, or other appropriate communication channels.

Continued use or renewal of the Software after the effective date of any updated Agreement shall constitute acceptance of the updated terms, to the extent permitted by applicable law.

18

Governing Law and Jurisdiction

This Agreement shall be governed by and interpreted in accordance with the laws of India.

Legal Jurisdiction

Subject to applicable law, any dispute arising out of or relating to this Agreement or the use of the Software shall be subject to the jurisdiction of the courts having competent jurisdiction in Nagpur, Maharashtra, India.

19

Acceptance

By installing, activating, renewing, accessing, or using AdvPACK 9.1, the customer acknowledges that they have read, understood, and agreed to all terms and conditions contained in this License Agreement.

If the customer does not agree to these terms, they must not install, activate, access, or use the Software.

© Advance Software Inc. All Rights Reserved.

AdvPACK 9.1 — License Agreement