Software Development License Agreement
“Strats360” means Strats360 Technolabs Pvt. Ltd.
“Software” signifies the service authorized by Strats360 to you compliant with the terms and conditions of a Strats360 Software Development License Agreement.
2. Software Development & Related Services
Software Services will be provided in accordance with the terms of the service Form and subject to the conditions set forth on the Service including full payment of all fees and adherence to all-time limits and scheduling restrictions.
Despite the previous, if acknowledgment testing, conveyance, or finishing is deferred by thirty (30) days or more for reasons not identified with strats360’s exhibition, you should pay the estimation of any achievement that is dependent upon acknowledgment. Such acknowledgment doesn’t refute any guarantee rights that you may have regarding the help, as presented thus. You are exclusively liable for setting up your offices and hardware for administrations, where relevant.
Strats360 will put forth sensible attempts to oblige your time and deadlines prerequisites concerning the presentation of Software Services; in any case, meeting such prerequisites is dependent upon the accessibility of assets, both human and hardware at the hour of your solicitation and is subject to your accessibility to give input and to perform vital activities. Strats360 will not be responsible at all for any deferral or harm emerging from Strats360’s inability to meet such of your prerequisites or any deadlines.
Any progressions to the Software Services prerequisites subsequent to presenting the help will be dependent upon an expense and a composed change or re-quote that has been commonly settled upon by you and strats360 in writing.
On the off chance that as indicated by your solicitation, Strats360 surveys plans and reports arranged by others regarding the Services, including your faculty and different experts, project workers, and providers, Strats360’s audit of such plans and records will be just to affirm general consistence with the goal of the plan and data given, and will not establish acknowledgment by Strats360 of any obligation regarding the rightness of determinations or subtleties of such drawings and documentation.
Strats360 will be qualified for depend on all data gave, and choices and endorsements made, by you regarding Strats360’s work hereunder. You concur that Strats360 and its faculty will not be dependent upon any obligation or expenses identifying with the Services to the degree such responsibility and expenses are inferable from any data given by you that isn’t finished, precise, or current taking all things together material regards.
3. Term and Termination
The term of the Development Services, assuming any, will be as set out on the software structure.
Customization Services may be terminated by Strats360 immediately upon notice for cause if:
- You materially breach any agreement entered into between you and Strats360, including Strats360’s License Agreement or potentially any User/programming permit understanding identifying with Strats360’s administrations (or you reliably neglect to appropriately perform and notice your commitments under such arrangements or any relevant Strats360 Software policy), and you neglect to amend the circumstance inside ten (10) calendar days of notice from Strats360 or
- You become insolvent, or a receiver or receiver-manager is appointed for any part of your property, or you make an assignment, proposal, or arrangement for the benefit of your creditors or you file an assignment in bankruptcy, or any proceedings under any bankruptcy or insolvency laws are commenced against you.
Strats360 shall have the right to terminate Software Services immediately upon notice to you, without penalty or refund, if any agreement relating to the Software is terminated for any reason.
Each party shall have the right to terminate the Development Services for convenience upon ninety (90) days’ notice to the other party.
Termination of the Services or any agreement shall not affect your payment obligation for any Services performed by Strats360 prior to the date of termination, regardless of whether you have had, as at the date of termination, any use of the service or part thereof. In the event that the Services are terminated prior to the delivery of the service to you, Strats360 shall not be obligated to deliver any work-in-progress or any portion of the Service to you, unless otherwise expressly agreed by the parties in writing.
You will pay expenses for the Software Services permit per the charge plan laid out in the Service. Strats360 will submit solicitations to you for all charges and installments due, including material costs, each month financially past due. You will pay to Strats360 everything of each receipt got from Strats360 within seven (7) days of receipt of the receipt. All solicitations will detail the idea of the Customization Services played out, the expenses payable, and the premise on which the estimation of the charges has been made.
You are responsible for and will pay all duties identifying with the Software Services. Except if in any case demonstrated, all sums payable by you under administrations are select of any expense, obligation, demand, or comparative government charge that might be surveyed by any ward, regardless of whether dependent on gross income, the conveyance, ownership, other Software, or Modification Services or something else.
In the event that you neglect to pay any sum due inside thirty (30) days of such installment getting due and payable, notwithstanding some other rights and cures accessible to Strats360, Strats360 will be qualified for charge revenue on all remarkable sums at the lesser of 18% per annum or the greatest rate allowed by law, such premium beginning as of the due date for such installment. You will likewise be answerable for paying for every sensible charge and expenses brought about by Strats360, including lawful expenses, in gathering any late sums or authorizing any arrangement of any understanding went into among you and Strats360.
Pricing is subject to Strats360’s understanding of the project requirements, the terms of this policy, and the service. Strats360 maintains all authority to receipt you for extra changes mentioned by you, or that are required dependent on fragmented subtleties or determinations given by you, that are not indicated in the Service yet are given by Strats360 to you, furnished that Strats360 gives you notice that such extra changes are excluded from the Service and are liable to Strats360’s then-current time and materials charge plan for such extra Changes. Solicitations for such extra changes will be dependent upon installment under this Section.
5. Limited Warranty and Limitation of Liability
Limited Warranty: Strats360 warrants that all administrations given by Strats360 will be given in a capable, proficient way by people who are completely prepared and qualified to play out the Software Services. The service does not represent or warrant that the Software Service provided hereunder will be capable of achieving a particular result for your business, or that the operation of the Software service will be error-free or uninterrupted, or that all errors in the Software service can be found or corrected, although Strats360 shall use commercially reasonable efforts to do so. Without restricting the previous, this guarantee is substantial just for six (6) months.
Limitation of Liability:
Strats360 makes no guarantee or condition, express or inferred, legal or something else, concerning the Service including, without constraint, the suggested guarantees or states of merchantability and readiness for a specific reason.
In no occasion will Strats360 be obligated to you or some other individual for any circuitous, uncommon, corrective, excellent, significant, or coincidental harms (counting without limit, harms for loss of incomes or benefits, business interference, loss of business data, and such) emerging out of the utilization, failure to utilize or the presentation or non-execution of, the assistance. Regardless of whether Strats360 has been educated with respect to the chance of such harm or guarantee, or it is predictable.
6. General Terms and Conditions
As Strats360 is primarily a software development and related services company and its main focus is on constant software development fulfilling various latest requirements and keeping up with the latest trends, Strats360 has all the right to release the same customized software service as new software service in the future to be available to all its customers. The same may include a few or every feature of the customization. Strats360 reserve all the rights to do the same as the customization done for the client is Intellectual property of Strats360.
The modification attempted by Strats360 would be identical to the discussed requirements, and would not include any sort of additional changes or alterations. Any extra changes or adjustments would be considered as a different task and would be charged independently.
Strats360 would give customization backing to just a single month from the delivery of project. For any further help reached out to you, the equivalent will be charged independently which incorporates explicitly any further assistance or bug/error fix.
The cost of customization doesn’t include the cost of extension installation or exchange of the extension. If it has not been specifically quoted within the project cost.
During the project customization, you ought not to alter or change any of the files and it is also advisable to have a backup every-time a change is made. If you, on your own, are making certain changes, it is advisable to back up the files, folder, and database. Before doing anything on your own, you need to inform Strats360 if Strats360 is working on the project or your support period is subsisting.
The customization charge will incorporate a solitary format. Any time during or after the customization in the event that you change the format, you will be completely and exclusively at risk for any misfortune or harm radiating from the equivalent. Strats360 won’t be answerable for any misfortune or harm is done because of the equivalent.
All the communication will take place through Strats360’s help desk system only. On the off chance that the need emerges, the issues can be talked about by means of Skype once in week or month. Strats360 doesn’t permit screen sharing and distant work area.
Customization cost will not include any free consulting beyond the scope of the project.
- If while making any changes by yourself or by your team, something gets damaged, then Strats360 will not be responsible for it. This includes any issues faced by you for your fault even during the support period of the project.
Strats360 won’t be liable for any harm during the customization. It is advised that you must have a proper backup management system deployed.
The terms and states of this Policy will be represented by Indian Laws, and the courts in Delhi alone will just have restrictive ward to determine/mediate upon any questions.
In the event that any contest emerges among Strats360 and you/Licensee whenever, regarding the legitimacy, translation, execution, or affirmed penetrate of any arrangement of this Agreement, the equivalent will be alluded to a sole Arbitrator who will be a free and impartial outsider designated only by Strats360. You will not protest the arrangement of the Arbitrator so delegated by Strats360. The spot of mediation will be Delhi, India. The Arbitration and Conciliation Act, 1996 as revised by The Arbitration and Conciliation (Amendment) Act, 2015, will administer the discretion procedures. The assertion procedures will be held in the English language.