Terms

Software Usage

This License Agreement (the "Agreement") is a legal agreement between you (individual or single legal entity) and Rapid Sigma Solutions LLP governing the use of the software product Sigma Magic ("software"). Rapid Sigma Solutions LLP is willing to license the software to you only upon the condition that you accept all the terms contained in this license agreement ("agreement"). If you install, copy, activate, or otherwise use the software, you agree to be bound by all the terms and conditions contained in this agreement.
  • GRANT OF LICENSE: You are granted a non-exclusive, personal license to this software, subject to the terms, fees, conditions, restrictions, and limitations contained in this agreement
  • OWNERSHIP AND COPYRIGHT: This Software is copyrighted and owned by Rapid Sigma Solutions LLP. You agree and acknowledge that Rapid Sigma Solutions LLP transfers neither ownership interest nor intellectual property in the Software to you under this Agreement or otherwise, and that Rapid Sigma Solutions LLP retains all right, title, and interest to the Software. This software is licensed, not sold, to you for use solely subject to the terms of this Agreement
  • MODIFICATION OF PROGRAM: You shall not assign, sub-license, sell, rent, loan, convey, or otherwise transfer to any third party, or copy, duplicate, translate or convert to another program. You shall not modify, remove, or delete a copyright notice of Rapid Sigma Solutions LLP contained in the Software. You may not disassemble, de-compile, or reverse engineer this software or otherwise attempt to recreate this software or any functionality
  • PRODUCT USAGE: If you have downloaded the trial version of the software, you may only use it for evaluating the functionality of the software. By purchasing or obtaining a license to use this software in accordance with the terms in this agreement, this software may be loaded on only one computer (node locked) for use by only one specific licensed user. If the software is attached to a network, then this software must not be accessible by any other user on such network. Use of this software on a server that allows access to this software via a public network, Internet, or Intranet is prohibited
  • TERMINATION: If you elect to terminate your use of the software, you will not be entitled to a refund of any portion of the license fee. Rapid Sigma Solutions LLP may terminate this agreement and your software license for any breach of this agreement by you. Upon termination, you agree to immediately stop using, and to destroy all copies of the software licensed to you
  • WARRANTY AND DISCLAIMER: Rapid Sigma Solutions LLP does not warrant that: The operation of the software or hardware will be uninterrupted or error-free and that functions contained in the software will operate in combination of software or hardware that may be selected for use by you; The software will meet your requirements or expectations; Any results, output, or data provided through or generated by the software will be accurate or reliable. Rapid Sigma Solutions LLP specifically disclaims all other warranties, express or implied, oral or written, arising by law or otherwise, relating to this agreement and the agreement and the software and any services provided to you, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement of third party rights. This software is provided as-is, without warranty of any kind. The limited warranty contained in this agreement is in lieu of all other warranties, statutory, express or implied
  • LIMITATION OF LIABILITY: Our entire liability, regardless of the basis of liability, and your exclusive remedy shall be at our option either replacement of the software with a reasonable alternative, or the refund of the license fees paid by you for the last twelve months. To the maximum extent permitted by applicable law, in no event shall we become liable to you, or to any other party, for loss or damages, whether indirect, consequential, punitive, special, incidental, or otherwise, arising from your use or inability to use this software, including, but not limited to damages for loss of time, money, data, or goodwill
  • INDEMNIFICATION: You will indemnify, defend, and hold harmless Rapid Sigma Solutions LLP, its licensors, and each of their respective employees and affiliates from any and all claims, losses, liabilities, damages, fees, expenses and costs including attorney's fees, court costs, damage awards and settlement amounts arising from your use of the Software or your breach of any terms of this Agreement
  • CONFIDENTIAL INFORMATION: You acknowledge that the Software contains confidential and proprietary information such as source code, algorithms, software logic. You agree to protect the confidential information with at least the same degree of care employed with respect to your own confidential or proprietary information. Under no circumstance will you allow any third party to have access to the Software
  • SEVERABILITY: In the event that this Agreement is declared or found to be illegal by any court or tribunal of competent jurisdiction, such provision shall be null and void with respect to the jurisdiction of that court or tribunal and all the remaining provisions of this Agreement shall remain in full force and effect.
  • GENERAL: This Agreement will be governed by the laws of the State of Karnataka, India without regard to conflicts of law principles. All disputes arising under this Agreement must be brought in the state court of Karnataka, as permitted by law. No agency, partnership, or joint venture is created by this Agreement. The parties are and remain at all times independent contractors and not gents or employees of the other party
  • ACKNOWLEDGEMENT: BY DOWNLOADING AND USING THIS SOFTWARE, YOU SHALL BE DEEMED TO HAVE ACKNOWLEDGED THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. NO AMENDMENT TO THIS AGREEMENT SHALL BE EFFECTIVE UNLESS DULY SIGNED BY A DULY AUTHORIZED REPRESENTATIVE OF RAPID SIGMA SOLUTIONS LLP

Maintenance Agreement

This Maintenance Agreement (the "Agreement") is a legal agreement between you (individual or single legal entity) and Rapid Sigma Solutions LLP governing the maintenance of the software product Sigma Magic ("software"). Rapid Sigma Solutions LLP is willing to maintain the software only upon the condition that you accept all the terms contained in this maintenance agreement ("agreement").
  • FEES CHARGED: Rapid Sigma Solutions LLP (the “provider”) shall be responsible for providing technical support and correcting errors for the most recent release of the software provided to you (the “recipient”). The fee for this maintenance agreement is indicated in the contract. The provider has the right to change the fee once per year
  • TERMS OF SERVICE: Provider shall use reasonable efforts to provide modifications or additions to correct errors in the software reported by recipient and provide a work-around within 3 business days and a final resolution within 30 business days
  • DURATION OF CONTRACT: The maintenance agreement shall commence on the commencement date and continue for an initial period defined and expire on the expiry date. The maintenance agreement shall thereafter renew for successive periods on payment of the appropriate fees unless terminated by either party upon written notice to the other party
  • RECIPIENT RESPONSIBILITIES: The provider warrants that it will use reasonable efforts to perform the services to generally accepted industry standards provided that:
    • the software has not been modified, changed or altered by anyone other than the provider
    • the operating environment, including both the hardware and systems software, meets the provider's recommended specifications
    • the computer hardware is in good operational order and is installed in a suitable environment
    • the recipient promptly notifies the provider of its need for service
    • the recipient provides adequate troubleshooting information and access so that the provider can identify and address the problems
    • all the fees due to the provider have been paid
  • SUPPORT MECHANISM: Recipient agrees that the support of the software is limited to electronic mail communication only. Provider shall maintain an email address (support@sigmamagic.com) for the express purpose of providing contracted support
  • OWNERSHIP OF CHANGES: All error corrections, enhancements, new releases, and any other work product created by the provider in connection with the support services provided under this maintenance agreement are and shall remain the exclusive property of the provider regardless of whether the recipient, its employees or agents may have contributed to the conception, joined in its development, or paid the provider for the development or use of the software
  • EXTENT OF AGREEMENT: Each party acknowledges that this maintenance agreement is the complete and exclusive statement of the agreement between the parties, which supersedes and merges all prior proposals, understandings and all other agreement, oral and written, between the parties relating to this maintenance agreement. This agreement may not be modified or altered except by a written instrument duly executed by both parties
  • LIMITATIONS OF LIABILITY: There are no other warranties of any kind, either express or implied, with respect to the maintenance agreement. The recipient's sole and exclusive remedy and the provider's only obligation under this warranty is to redo the services until the software conforms to the most recent specifications. In the event that the services cannot be provided within a reasonable time after notification, the recipient's sole and exclusive remedy is to terminate this maintenance agreement upon written notice for the provider and to receive a refund of any fees for the period beginning on the date the problem requiring correction was reported to the provider till the end of the maintenance contract. Recipient acknowledges and agrees that under no circumstances shall the provider be liable for any loss, cost, expense, or damage to the recipient in an amount that collectively exceeds the annual maintenance fees
  • INDEMNIFICATION: You will indemnify, defend, and hold harmless Rapid Sigma Solutions LLP, its licensors, and each of their respective employees and affiliates from any and all claims, losses, liabilities, damages, fees, expenses and costs including attorney's fees, court costs, damage awards and settlement amounts arising from your use of the Software or your breach of any terms of this Agreement
  • CONFIDENTIAL INFORMATION: You acknowledge that the Software contains confidential and proprietary information such as source code, algorithms, software logic. You agree to protect the confidential information with at least the same degree of care employed with respect to your own confidential or proprietary information. Under no circumstance will you allow any third party to have access to the Software
  • SEVERABILITY: In the event that this Agreement is declared or found to be illegal by any court or tribunal of competent jurisdiction, such provision shall be null and void with respect to the jurisdiction of that court or tribunal and all the remaining provisions of this Agreement shall remain in full force and effect
  • GENERAL: This Agreement will be governed by the laws of the State of Karnataka, India without regard to conflicts of law principles. All disputes arising under this Agreement must be brought in the state court of Karnataka, as permitted by law. No agency, partnership, or joint venture is created by this Agreement. The parties are and remain at all times independent contractors and not agents or employees of the other party
  • ACKNOWLEDGEMENT: ON RECEIVING THIS NOTICE AND PAYING THE INVOICE, YOU SHALL BE DEEMED TO HAVE ACKNOWLEDGED THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. NO AMENDMENT TO THIS AGREEMENT SHALL BE EFFECTIVE UNLESS DULY SIGNED BY A DULY AUTHORIZED REPRESENTATIVE OF RAPID SIGMA SOLUTIONS LLP