End-user license agreement for Actions with Saleswah CRM QuickBooks Online App
“Actions with Saleswah CRM” EULA
This End-User License Agreement (EULA) is a legal agreement between you (either as an individual or on behalf of an entity) and Anwesha CRM Pvt Ltd regarding your use of Actions with Saleswah CRM, an App for QuickBooks Online. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA, DO NOT INSTALL OR USE THE SOFTWARE.
Unless the context or circumstances clearly suggest otherwise, the following capitalized terms shall have the meanings stated below:
For the purposes of these license conditions, the Licensor means Anwesha CRM Pvt Ltd, D-67 Sector 2 NOIDA, INDIA. This license agreement is concerning the Office Add-in developed by the Licensor, Actions with Saleswah CRM.
The Customer means the legal or natural company or companies who is subject to these license conditions as a user of the Add-in.
The Actions with Saleswah CRM App is integrated into standard applications to which Intuit has the rights. The Customer accepts that in relation to these license conditions the Licensor does not represent Intuit, for which reason such producers’ license conditions apply directly between Intuit and the Customer for the purposes of the standard applications. Thus, no third-party product is covered by these license conditions. The Actions with Saleswah CRM App requires a valid QuickBooks Online subscription. The app follows the Intuit Model for authentication and consent and uses the APIs provided by Intuit. The Actions with Saleswah CRM App will therefore only provide functionality within the capabilities provided by the Intuit APIs as per the then provided functionality as will be made available by Intuit from time to time.
The Licensor hereby grants the Customer a non-exclusive, non-transferable subscription-based right of use in the subscribed Saleswah CRM app. The right of use only covers the Customer’s use of the app. The Customer is not entitled to use the Saleswah CRM app for a third party. The Customer’s right to use the App only covers the number of users to which the Customer subscribes to from time to time. The per user per month subscription is to be paid in advance. This can be purchase from the Licensor online.
Maintenance and upgrades
The Licensor shall keep the Saleswah CRM App updated and upgraded, within the capabilities offered by Intuit APIs, so that the App is continuously improved and enhanced.
The Customer must accept, that the Licensor is keeping the subscribers’ email address for the sole purpose of license management making sure the number of users is within the agreed subscription. The Licensor is committed to keeping e-mail address confidential. We do not sell, rent, or lease our subscription lists to third parties, and we will not provide personal or company information to any third-party individual, government agency, or company at any time unless compelled to do so by law.
Anonymized Usage Data
The Licensor collects anonymized data about the usage of the Software to improve the software.
Data and Logic of the application
The Saleswah CRM App is a SAAS service, where the Licensor host the logic and functionality of the App. The App does not save any data locally on the device used. The App only facilitates communication between 2 sets of data, both owned by the customer- one hosted within Saleswah CRM and the other within customer’s own QuickBooks account.
Disclaimers and Limitations on Liability
The Licensor points out that it is not practically possible to produce software that works error-free in any situation and combination. THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. The Licensor does not warrant that (i) the Software will meet your specific requirements; (ii) the Software is fully compatible with any particular platform; (iii) your use of the Software will be uninterrupted, timely, secure, or error-free; (iv) the results that may be obtained from the use of the Software will be accurate or reliable; (v) the quality of any products, services, information, or other material purchased or obtained by you through the Software will meet your expectations; or (vi) any errors in the Software will be corrected.
The App communicates with Intuit for updating the Software; license handling and to handle the logic of the application.
Automatic App Updates
The customer agrees that the Licensor may automatically update the App without providing any further notice or receiving any additional consent. This feature cannot be disabled.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE LICENSOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RELATED TO THE SOFTWARE, including, for example: (i) the use or the inability to use the Software; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Software; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third-party on the Software; (v) or any other matter relating to the Software.
The Licensor reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Software (or any part thereof) with or without notice. The Licensor shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Software.
Infringement of third-party rights
The licensor warrants that the App does not infringe third-party rights.
If a third party submits a claim against the Customer contending that the App infringes a third-party right, the Customer must inform the Licensor thereof in writing. Subsequently, the Licensor assumes the entire matter and all incidental costs and conducts for example settlement negotiations, legal steps etc. at its own discretion.
The Licensor indemnifies the Customer in connection with such claims from a third party, including for any necessary and unavoidable costs, compensation etc. which a claimant would be awarded. In addition, the Customer cannot claim any other remedies for breach of contract vis-à-vis the Licensor.
The Licensor is entitled to assign its rights and obligations in whole or in part under these license conditions to a third party.
The Parties must seek to solve any disagreements about the interpretation and performance of these license conditions in negotiations. If a settlement solution has not been reached within 14 days after the demand for negotiation, the dispute may be brought before the ordinary courts of law at the Licensor’s venue.
These license conditions are governed by Indian law.