This is a license agreement between You (referred also as “you”, “your”, and/or “client" hereinafter) and OhhYeahh Technovations LLP (referred also as “us”, “we”, “our” , “Company” and/or “OhhYeahh” hereinafter).
By using our website (www.OhhYeahhScripts.com, www.OhhYeahh.com or any of its subdomains and/or parent domains), registering with www.OhhYeahhScripts.com, purchasing, upgrading, installing and/or using any of our software (also known as ‘script’, referred as “software” and/or “script” hereinafter) we are selling either through any of these websites mentioned above or selling through (or offered by/agreed by) an authorized employee of the Company, you are agreeing to all the following terms [The term ‘script’ or ‘software’ shall also mean and include each and every 'web application(s)’/'mobile application(s)'/'software application(s)'/script(s)/addon(s)/plugin(s)/'design package(s)' listed (listed for a purpose to sell or download) on the website www.OhhYeahhScripts.com (or sold/offered (or agreed to be sold/delivered) by any authorized employee of OhhYeahh or sold/offered directly from www.OhhYeahhScripts.com). Additionally, the term ‘script’ or ‘software’ shall also mean and include any other 'software application’/'design work’/script/customization/plugin/addon/documentation or any other ‘software deliverable’ offered/proposed/sold (or agreed to be sold/delivered) by any authorised employee of OhhYeahh, which(the 'software application’/‘design
work’/script/customization/plugin/addon/documentation or other ‘software deliverable') may or may not be fully developed, currently under development or not developed, and/or which may or may not be available/listed in www.OhhYeahhScripts.com]. Do not purchase, install, upgrade or use the software, if any of these terms are not acceptable for you . You are neither allowed to keep/use the script nor you are licensed to use the script, if any of the terms are not acceptable for you. By accepting this agreement, accepting any offer/proposal from us, purchasing the license of any of the software, installing/upgrading any of the software or using the software, you are agreeing to all of these terms, and consent to the transmission of certain information during installation and/or during your use of the software for the purpose of validating your license and/or for identifying/analysing the version or ’technical support eligibility status’ of the software. If you do not accept and comply with these terms, you shall not use the software or its features.
License and Use Rights
The software/script(s) is/are licensed, not sold. You can only buy the license(s) of the software/scripts from us. Under any circumstances, it won’t be considered as any software/script is sold to you. Under this agreement, we grant you the right to install and run one instance of the software on your domain (the “licensed domain”), so long as you comply with all the terms of this agreement. Updating or upgrading from non-genuine software with software of us does not make your original version or the updated/upgraded version genuine and in that situation you do not have a license to use the software. You are licensed to use a software/script only after we receive the license fee of such software/script from you, successfully and completely. Under any circumstances if your payment gets reversed/cancelled/refunded, your corresponding license gets cancelled/revoked automatically.
If you upgrade/downgrade to a different version or to a different edition of a script/software, any license and/or right (i.e, the right to run one instance of the script/software on the licensed domain complying with all the terms of this agreement) you may previously had for the corresponding script/software (for the previous version/edition prior to the upgrade/downgrade) will be cancelled automatically.
Any software that is licensed from us can be installed only in ONE domain for which the license key is generated. If you want to setup more than one website using the script, you are required to obtain additional license(s) from us. You understand that some of the files/code in the software are encrypted. You shall not decrypt/reverse engineer any encrypted code in the software. You shall NOT remove, alter or obfuscate any instances of the script's name or copyright notices found in the administration (admin) area and PHP source files. Anyway, you are allowed to remove the copyright notice from the end user side of the website (ie. the homepage etc.), even though we reserve all the intellectual property rights of the software. The copyright and ownership of the software fully belong to OhhYeahh, and you are only a licensee allowed to use the software so long as you comply with all the terms of this license agreement. We reserve the right to deny you licensing of any of the script(s)/software, in our sole discretion. Your license to use any of the script(s)/software starts only after the full payment of corresponding software's license fee is received by OhhYeahh from you and a valid license key(which may be issued to you by us) is configured by you in the software. The licensing of any of the script(s)/software from a source other than directly from www.OhhYeahhScripts.com(or through an authorized employee of OhhYeahh) is invalid.
Change of Domain Name
A script license is granted for a particular domain name. If you want to move the script to a new domain, then you should place a request from the member area, which we may approve. Though we generally approve a change in domain name request, we reserve the right to deny any requests, with/without revealing any reason(s).
Transfer/Change of Ownership of Domain
If you run an online business based on our script, you may sell/transfer the domain to a third party subject to the terms and conditions mentioned herein. In that event, you may preinform us about the change in ownership of the domain and subsequently you shall place a license transfer request, which we may approve under our discretion. All the terms of this agreement will be applicable for the transferee/new owner as well. You shall duly inform him about the terms of the agreement and the buyer/transferee is supposed to follow all terms and conditions mentioned herein. In an event the transferee doesn’t follow any of the terms of this agreement, the license could be revoked without any notice, without having any kind of liability either on you or the transferee.
You are entitled to receive free "basic technical support" for all the software license purchased from us upto a maximum period of 1 year from the date of purchase of license or a total of 36 hours of active support from the customer support staffs whichever comes early. The basic technical support will ONLY include One Time software installation and basic feature clarifications. Setting up of server, third party packages, third party add ons are NOT part of the technical support even though it may hinder the installation of our software in the server. The server environment where we intend to install the software should meet the basic system/third party utility/package/installation requirements that each of our software may require.
No Illegal Use
You shall not use any of our software to provide a service to a community/state and/or country where providing such a service is illegal and/or generally perceived illegal (based on such community’s/state’s and/or country’s laws, rules, regulations and/or other legal systems in place). We shall neither be responsible nor be liable for any kind of use of any of our software/scripts (including but not limited to any use of the software to provide any illegal service) by you, or caused by you deliberately, accidentally and/or by omission.
Access to Server for Technical Support Purpose
To avail any kind of technical support, you must provide a web based proper access to your server with database access (if required). If we are not given proper access to your server, installation environment and the database, or if you have provided a not suitable server environment for the installation of the software, technical support given to you will be limited to feature clarifications only.
You shall NOT give us access to your installation environment, once the software is installed. In the event you want our staff to access your area, after installation, you agree to do that in your own risk and you hereby agree that you will NOT hold us liable for any kind of damages it (such access) may cause directly or indirectly to your server, data, files or installation environment. We highly recommend you NOT to give access to the installation environment to a third party (including our staffs) after installing the software. We are not liable for any damages or loss in violation to this clause.
Customisations or Modifications
We maintain demo services for each of our software/scripts as well as addons. Please try it out with the online demo links available on our website and make sure that the product fits your need before placing your order. All payments are final and no refunds will be issued once the payment is made. If you have any concerns, please take enough time testing the software on the demo mode and ask questions to our sales team online before you buy the license of the software.
Copyrights and other Intellectual Property Rights
All our software/scripts listed and/or being sold on this website(www.OhhYeahhScripts.com) and/or sold through an authorized employee of the Company are copyright protected software. All and the entire intellectual property rights on the software/scripts are reserved to us (OhhYeahh Technovations LLP) only. You do not have any kind of intellectual property rights or any other rights on any of our software/script, under any circumstances. You are only allowed to use the software in the licensed domain as long as you maintain an active license with us, complying all the terms of this agreement.
UNDER ANY CIRCUMSTANCES, UNDER ANY LAWS, no rights of the software/customisations/ software variants is given/transferred to you. We reserve the entire and exclusive rights of the software/script, customisations and/or the software variants.
THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. WE DISCLAIM ALL WARRANTIES RELATING TO THE SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER WE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE DEVELOPMENT, CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES/CLAIMS OR NOT. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. IN ANYWAY, WE ARE NEITHER LIABLE NOR RESPONSIBLE FOR SUCH DAMAGES.
Limitation of Liability
EXCEPT FOR THE EXCLUSIVE REMEDY OFFERED BY US ABOVE AND ANY REMEDIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER LAW, WE WILL NOT BE LIABLE TO YOU (OR TO YOUR END CUSTOMER OR TO ANYONE) FOR ANY LOSS, DAMAGES, CLAIMS, OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, HACKING, SECURITY ISSUES, BUG/ERROR, PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY, EVEN IF OUR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, COSTS, OR NOT. IN ANY EVENT, OUR AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES, SUPPLIERS, AND CERTIFICATE AUTHORITIES UNDER OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE SOFTWARE, IF ANY. THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT.
THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. THIS LIMITATION OF LIABILITY MAY NOT BE VALID IN SOME JURISDICTIONS. IF YOU ARE IN SUCH JURISDICTION OR YOU ARE GOVERNED BY SUCH A LAW SEEKING A LIABILITY FOR US BEYOND THE PRICE OF THE SOFTWARE PAID BY YOU TO US, YOU ARE NEITHER ALLOWED TO BUY A SOFTWARE LICENSE FROM US NOR TO ENJOY ANY FEATURES OF THE SOFTWARE.
We hope you and us never have a dispute, but if there is a dispute between you and us, you and we agree to try for 60 days to resolve it informally. If you and we can’t resolve the dispute informally within the 60 days, you and we agree to binding individual arbitration in the manner mentioned below, and not to sue in court in front of a judge or jury.
Any dispute or difference arising out of or in connection with this agreement, including any question regarding its existence, operation, termination, validity or breach thereof shall be referred to and finally resolved by arbitration as per the Arbitration & Conciliation Act, 1996 and shall be conducted by the arbitrator appointed by the Company, in accordance with the Arbitration Rules of Indian Council of Arbitration for the time being in force. Place of Arbitration shall be Kochi (A city in Kerala State in India).
In an event the arbitrator appointed by the Company has no judicial authority on you, the binding individual arbitration shall take place in Singapore, and we(Company) reserve the right to choose the arbitrator.
Also under any circumstances, the maximum liability for our Company for any dispute arising anything in connection with this agreement shall not be more than the standard price of the software license you purchased from us or the price you have paid to us for the purchase of the license of the software, whichever is lower.
You do hereby waive all your rights to claim class arbitrations, class actions or any kind of multi-party proceedings. Any dispute arising out of or related to this agreement shall not be brought by you as a class arbitration or class action or any other type of multi-party proceeding.
If a particular term is not enforceable, the unenforceability of that term will not affect any other terms.
Nothing in this Agreement shall be deemed to prohibit us from developing, making, using, improving, modifying, marketing, distributing, licensing, selling, producing, providing or otherwise commercializing any of software (including but not limited to the software licensed to you) or any other services or products
You may not assign or otherwise transfer these terms or your rights and obligations under these terms, in whole or in part, without our written consent and any such attempt will be void. We may transfer our rights under these terms to a third party.
Our failure to enforce or exercise any of these terms is not a waiver of that section.
Confidentiality of Code
Any software code (either open code, encrypted code or binary code) given/issued/disclosed (or made available) to you by us, any documentation, algorithm and/or architecture which maybe given/provided to you by us are confidential data of OhhYeahh. You shall not disclose any such confidential data/code of OhhYeahh to a third party. You do not have (and will not have) any right on any such code/document/algorithm/architecture (even if you pay us extra for disclosing you any such code/document/algorithm/architecture), other than a mere use license (if given/issued by us) under the licensed domain, in accordance with all the terms of this agreement (that too even only so long as you comply with all the terms of this agreement).
This license agreement and the terms and conditions in it constitutes the entire agreement and understanding between OhhYeahh and you relating to the subject matter hereof, and supersedes, replaces and cancels all prior and contemporaneous negotiations, agreements and understandings between OhhYeahh and you whether oral or written, expressed or implied.
We may modify these terms or add any additional terms that apply to a Service or software to, for example, reflect changes to the law or changes to our Services or software. You should look at the terms on our website (www.OhhYeahhScripts.com) regularly. We may/may not post notice of modifications to these terms on this page. By continuing to use the website www.OhhYeahhScripts .com or installing/updating any of our software after the revisions come into effect, you agree to be bound by the revised terms. This agreement will only be considered updated/amended/altered/changed if the contents(terms) at this URL http://www.OhhYeahhScripts.com/terms.php are updated by OhhYeahh or a 'specially agreed & manually signed’ new agreement is executed between you and the CEO of OhhYeahh (on behalf of OhhYeahh). No communication/discussion/offer/understanding/agreement with any employee(s) of OhhYeahh (other than the signed written agreement executed with the CEO of OhhYeahh) shall introduce/alter/change/cancel (or considered to introduce/alter/change/cancel) any terms to/in/from this agreement or the subject matter of this agreement.