Last Update Date: April, 2018
The materials on this WEBSITE are intended for the education of and use of adults only, and are not intended for presentation directly to children. OSoftec, its licensors, and its suppliers are not responsible for disclosures of content from this WEBSITE to children.
We reserve the right to update or change these Terms of Service at any time, with or without notice, and for any reason by posting the revised version on OSoftec WEBSITE; therefore, we recommend you periodically visit this page and print the latest version of the Terms of Service for your records. For your information, the date of the last update to these Terms of Service is stated at the top of this document. Your continued access or use of this site and any services contained therein as of the effective date of any such modification shall be deemed your continuing acceptance of these Terms of Service, as modified.
OSoftec's INTELLECTUAL PROPERTY RIGHTS
- Copyrights: All of the content of this WEBSITE, including text, art, graphics, logos, button icons, images, pictures, audio clips, and software is the property of OSoftec , our members, partners, or content providers and is protected by india and international copyright laws. Except as granted in the limited license below, any other use of such content, including modification, transmission, presentation, distribution, or republication is prohibited without the express prior written consent of OSoftec.
- Trademarks: All trademarks, trade names, logos, brand names, and service marks of OSoftec, whether registered or unregistered, are the property of OSoftec and are protected by india and international trademark laws. Except as granted in the limited license below, any use of these assets is prohibited without the express prior written consent of OSoftec. In no event may any such assets be used in connection with any product or service that is not OSoftec’s, in any manner that is likely to cause confusion or in any manner that disparages or discredits OSoftec. All other trademarks, trade names, brand names, company names and/or logos appearing on this WEBSITE are the property of their respective owners.
- Patents: All patents and patent applications of OSoftec are the property of OSoftec and are protected by india and international patent laws. Any use of these patented or patentable assets is prohibited without the express prior written consent of OSoftec .
- Restrictions on Use: As a condition to your use of the OSoftec WEBSITE and services, you agree you will not: (i) use the OSoftec WEBSITE or services to infringe the intellectual property rights of others in any way; (ii) use the OSoftec WEBSITE or services, or attempt to penetrate, modify or manipulate the OSoftec WEBSITE or services or any of the hardware or software thereof, in order to: invade the privacy of, obtain the identity of, or obtain any personal information about any other user of the OSoftec WEBSITE or services; (iii) attempt to access information that is not otherwise deliberately made available to you through the OSoftec WEBSITE or services; (iv) modify, erase or damage any information contained on the computer of any user connected to the OSoftec WEBSITE or services; or (v) reverse engineer any portion of the OSoftec WEBSITE or services. This WEBSITE or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purposes not expressly permitted in writing by OSoftec.
- Third-Party Licenses: You agree that you will not upload or transmit any communication or content of any type that infringes or violates any rights of any person.
OSoftec cooperates with law enforcement inquiries as a matter of policy. We will use IP addresses and other available information to attempt to identify a user when we are legally compelled to do so or when we feel it is necessary to protect our services, sites, customers, or others.
DISCLAIMERS OF WARRANTIES; LIMITATION OF LIABILITY AND LIQUIDATED DAMAGES
YOU AGREE THAT YOUR USE OF THE OSoftec SITE IS ENTIRELY AT YOUR OWN RISK AND THAT ALL SERVICES OF OSoftec THAT MAY BE RENDERED THROUGH THE OSoftec SITE ARE PROVIDED "AS AVAILABLE" AND "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO MERCHANTIBILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. OSoftec DOES NOT WARRANT THAT ANY SERVICE PROVIDED THROUGH THE OSoftec SITE WILL BE UNINTERRUPTED OR ERROR FREE. NOR DOES OSoftec WARRANT THAT ITS SERVICES WILL BE FREE FROM COMPUTER VIRUS STRAINS. OSoftec SERVICES MAY INCLUDE INFORMATION, PRODUCTS, MATERIALS, AND OTHER SERVICES CONTAINED ON OR PROVIDED THROUGH THIS WEBSITE, INCLUDING ALL TEXT, GRAPHICS, LINKS, ANIMATION, JAVA SCRIPT, AND COOKIES.
OSoftec AND ITS AFFILLIATED SOCIETIES HEREBY DISCLAIM ANY LIABILITY TO YOUR OR ANY OTHER PARTY FOR ANY BREACH OF ANY ALLEGED WARRANTY OF OSoftec, EVEN IF OSoftec OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
OSoftec MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS WITH REGARD TO THE CONTENT CONTAINED ON THIS WEBSITE OR THE PRODUCTS OR SERVICES SOLD OR ADVERTISED HEREIN.
OSoftec DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, MATERIALS, AND SERVICES PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR CURRENT.
LIMITATION OF LIABILITY
OSoftec, ITS AFFILIATED PARTNERS AND PROFESSIONAL SOCIETIES AND EACH RESPECTIVE ORGANIZATION'S DIRECTORS, MANAGERS, OFFICERS AND EMPLOYEES HEREBY DISCLAIM ANY LIABILITY TO YOU FOR THE USE OF THE OSoftec SERVICES AVAILABLE THROUGH THIS SITE AND FOR ANY CLAIMS RELATING TO ALLEGATIONS OF PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR ANY SERVICE OFFERED THROUGH THIS WEBSITE OR ANY MATERIAL OR INFORMATION CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS PURCHASED ON THIS WEBSITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF OSoftec IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME.
AS ANY ALLEGATION OF DAMAGES WOULD BE DIFFICULT IF NOT IMPOSSIBLE TO DETERMINE YOU AGREE THAT THE TOTAL LIABILITY OF OSoftec FOR ACTUAL DAMAGES SHALL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU TO OSoftec DURING THE TWELVE MONTHS PRECEING THE EVENT GIVING RISE TO SUCH ALLEGATIONS OF LIABILITY, OR IF NO AMOUNTS HAVE BEEN PAID BY YOU, ONE THOUSAND U.S. DOLLARS (US $1,000). IN NO EVENT SHALL OSoftec, NOR ANY OF ITS MANAGERS, EMPLOYEES, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND.
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR ANY SERVICE, PRODUCT OR INFORMATION OFFERED OR PURCHASED THROUGH THIS WEBSITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION.
WHEN USING THE OSoftec SERVICES, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT IS BEYOND THE CONTROL AND JURISDICTION OF OSoftec AND ITS SUPPLIERS. ACCORDINGLY, OSoftec ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE OSoftec SERVICES.
NOTICES OF ALLEGED INFRINGEMENT OF COPYRIGHT
OSoftec respects copyright law and expects our users to do the same. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holder’s rights.
In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the india Copyright Office WEBSITE), OSoftec will respond expeditiously to claims of copyright infringement committed using the OSoftec service that are reported to OSoftec’s legal counsel (see contact information below). If you are a copyright owner, or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, please report your notice of infringement by completing a notice form and delivering it to OSoftec’s legal counsel:
GOVERNING LEGAL PROVISIONS
- Governing Law and Jurisdiction: These Terms of Service will be governed by indian government law for all purposes, including WEBSITE and services use and product purchases, without regard to or application of choice of law rules or principles. You hereby consent to the jurisdiction and venue of the courts of Mohali/Chandigarh. You should be aware that some jurisdictions do not allow for the exclusion of certain warranties or the limitation or exclusion for incidental or consequential damages which are contained in this Agreement. By agreeing to be bound by these Terms of Service you may be waiving legal rights which could be available to you in another jurisdiction.
- Third-Party Links: OSoftec does not endorse the content on any third-party WEBSITEs. OSoftec is not responsible for the content or result of any dealings with third parties who advertise on this site. Your use of third-party WEBSITEs is at your own risk and subject to the terms and conditions of use for such WEBSITEs. OSoftec does not endorse any product advertised on this WEBSITE nor does OSoftec endorse manufacturer or other claims about the efficacy of these products.
- Export Laws: The india export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any materials or information derived from the WEBSITE to either a foreign national or a foreign destination in violation of such laws.
- Indemnification: You agree to indemnify, defend, and hold harmless OSoftec , its officers, directors, employees, agents, licensors, suppliers, and affiliates from and against any claims, actions or demands, liabilities, and settlements, including but not limited to, reasonable legal and accounting fees resulting from, or alleged to result from, your violation of these Terms of Service or any activity related to your account (including infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing OSoftec using your account.
- Waiver: Our failure to exercise or enforce any right or provision of the Terms of Service or other legal notices posted by OSoftec on this WEBSITE shall not constitute a waiver of such right or provision. No waiver of any of these Terms of Service or of any other legal notices posted by OSoftec on this WEBSITE shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
- Severability: If any provision of the Terms of Service or of any other legal notices posted by OSoftec on this WEBSITE is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service should remain in full force and effect.
- Modification: Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Service or of any other legal notice posted by OSoftec on this WEBSITE.
- Assignment: OSoftec may assign its rights and duties under this Agreement to any party at any time without notice to you and/or your approval.
- Headings: The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
- Notices: If you have questions or comments regarding this WEBSITE, please contact us at hr@OSoftec.com
Optimization Software Technologies, LLP.
Plot No.37, First Floor
Sector-5, Rajendra Nagar,
Sahibabad U.P. 201005
Phone: (+91) 971 738 5459
For information for service : hr@OSoftec.com
Effective Date: April, 2018