Software Distribution Agreement
This Software Distribution Agreement, ("Agreement"), contains the terms and conditions to apply to an individual's or an entity's participation in the M/S TradeMeSoft Technology Software Reseller Program (the "Program"). As used in this Agreement, "Developer" refers to M/S TradeMeSoft Technology Software; "Distributor" refers to the “Company/Firm”.
Developer has developed certain software it desires to distribute.
Distributor is in the business of Marketing, Implement and Training software products.
Developer and Distributor desire to arrange for Distributor to Market, Implement and Train Developer's software as set forth herein.
NOW, THEREFORE, it is agreed:
1. Distribution of Software.
Subject to the terms of this Agreement, Developer appoints Distributor as a nonexclusive distributor for the following of Developer's software (the "Software"): Hotel Management Software and any other software developed by the developer. Distributor shall market licenses of the Software supplied by Developer to customers for use during the term of this Agreement. Distributor shall have no right to make copies of the Software. Distributor shall not distribute any copy of the Software without Developer's end-user software license agreement.
B. Orders for Copies of Software.
Any and all orders by Distributor for copies of the Software shall be pursuant to the terms and conditions of this Agreement. Such terms and conditions shall supersede any additional or conflicting terms or conditions contained in any purchase order or other communication from Distributor.
2. Prices and Payment.
Software pricing May vary period to period or Number of end users or number of Computers or No of installation Locations.
For Additional expansions like Traveling and Lodging Facilities are extra chargeable.
The Offer price offered to the distributor with valid terms only. If any cause the terms are not satisfied by distributor the offer will be terminated.
For each copy of the Software sale The Distributor Developer fixed the price per License.
The Distributor are not limited for There sale rates/Prices to there Clients.
The payment will be made by Deposit amount to the M/S TradeMeSoft Technology bank Account or Send payment via Western union or Money gram.
In no event shall Developer be responsible for taxes based on Distributor's income or for the privilege of doing business.
Distributor would undertake the responsibility of generating the needful Business to the M/s TradeMeSoft Technology by marketing the Software's developed by M/s TradeMeSoft Technology, and also Provide Business/Technical Suggestions to improve the product and Service quality..
4. Trail Version
The distributor may download the trail Software from www.trademesoft.com website and it may install at client place as trail version.
Each Software in online Licensing by the M/S TradeMeSoft technology. No provision will be provided to generate the License key from Distributor side. License Key will be provided only the client made the Purchase of the Software.Licence keys are machine dependent.
Each Purchased Software will have 1 year of warranty from the date of installation.
After completion of warranty. AMC rate will be 20% of the Dealer Price.
The AMC Period will cover 1 year from the date of AMC agreed by the client.
During the AMC Period, error corrections if any on the existing features only, of the software, will be carried out.
Any new features to be added to the software are chargeable extra.
8. Software Customization
Customization of Software will be limited to some extends. And if more than that or any additional feature will be chargeable extra.
The customization pricing will be decided as per client’s requirement.
9. Service Agreement
Software Development - Terms of Service
1. Assumptions are as follows:
2. Advance are not refundable once work has commenced on the site or if the project is cancelled after 36 hours of payment of the Advance.
3. The client is afforded an additional 10 working days after final upload as a final proofing period for critique and amendments. All required amendments that are communicated to us within this period form part of the original quotation. Amendments required after this period would bear an additional cost.
10. Term and Distribution Termination.
The "Initial Term" of this Agreement shall commence on the date of acceptance and shall continue for a period of twelve (12) months after reseller annual fee is received, unless terminated earlier as provided herein. Either party may terminate this Agreement effective upon the end of the Initial Term by written notice to the other at least ninety (90) days prior to the end of the Initial Term. If not terminated at the end of the Initial Term, the Agreement shall automatically renew for successive periods of one (1) year each, unless terminated by either party at least ninety (90) days before the end of any renewal term.
11. Limitation of Warranty
EXCEPT AS PROVIDED IN THIS AGREEMENT, DEVELOPER DOES NOT MAKE AND DISTRIBUTOR DISCLAIMS, ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
12. Limitation of Remedies and Liability.
IN NO EVENT SHALL DEVELOPER BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS) WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF DEVELOPER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B. Further limitation.
In the event that any disclaimer of warranty or limitation of liability is found to be unlawful or inapplicable, or to have failed of its essential purpose, Developer's liability shall be limited to the amount paid by Distributor for the specific Software copy that caused such liability.
Distributor agrees to indemnify and hold harmless Developer from and against any claim, loss, suit or damage, including reasonable attorney's fees and costs, arising out of any failure of Developer to perform any obligation in this Agreement or to properly deliver any Software to anyone purchasing from Distributor.
Any notice or other communication under this Agreement shall be deemed given if delivered in writing to the intended recipient either in person or mailed, certified or registered, postage prepaid, or by recognized overnight delivery service, to the intended recipient at the address specified herein: If to Developer:
M/S TradeMeSoft Technology
14 Governing Law.
This Agreement shall be governed, construed and enforced according to the laws of the State of Karnataka.
15. RECORDS AUDIT
The Stated Distributor needs to keep the records relating to the Marketing of the software products acquired through this contract and allow TradeMeSoft Technology and the applicable manufacturer to audit those records during the term of this contract and for a period of two years thereafter. Any audit must be conducted during normal business hours and in a manner that does not unreasonably interfere with the operations of the agency.
16. Final Agreement.
This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties.
ACKNOWLEDGMENT AND ACCEPTANCE OF THE TERMS: BY SUBMITTING AN APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ AND REVIEWED THIS AGREEMENT IN ITS ENTIRETY AND AGREE TO ALL ITS TERMS AND CONDITIONS.
Kindly get in touch with us in case of any clarifications.
Thanking you and assuring you of our best attention and services at all times.
For More details please send us email to email@example.com or firstname.lastname@example.org
or Send Via "Send Us Inquiry" form.
Umesh A Suvarna
Mob: +91 9844254894
E-mail: email@example.com, firstname.lastname@example.org