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OVR Software Terms of Use Agreement

Effective Date: February 1st, 2009

1. OVRSOFTWARE.COM TERMS OF USE POLICY - PLEASE READ CAREFULLY.

Please read these terms and conditions carefully. By making use of this website, you agree to be bound by the terms and conditions set out below and any additional terms and conditions set forth on individual pages of the website. If you do not wish to be bound by these terms and conditions, do not continue to use or access this website.

2. AUTHORITY

By using our Site, you represent that you must be over the age of 18, and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms; otherwise, please exit the Site. OVR Software suggests that you take advantage of any access controls offered through the Site or third-party sites, which are designed to assist you in limiting or blocking access to certain types of web content you may feel are harmful to or inappropriate for minors.

3. CHANGES TO THE TERMS OR SITE

OVR Software may change or modify the Terms from time-to-time without notice other than posting the amended Terms on the Site. The amended Terms will automatically be effective when posted on our Site. Your continued use of our Site after any changes in these Terms shall constitute your consent to such changes. OVR Software reserves the right to change, modify or discontinue, temporarily or permanently, the Site (or any portion thereof), including any and all content contained on the Site, at any time without notice. You agree that OVR Software shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site (or any portion thereof).

4. REGISTRATION, PASSWORD AND SECURITY

Whenever you provide us information on our Site, you agree to: (a) provide true, accurate, current and complete information and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current or incomplete, OVR Software may without notice suspend or terminate your access to our Site and refuse any and all current or future use of our Site (or any portion thereof). While there is no such thing as "perfect security" on the Internet, we will take reasonable steps to help ensure the safety of your personally identifying information. However, you understand and agree that such steps do not guarantee that use of the Site is invulnerable to all security breaches, and that OVR Software makes no warranty, guarantee, or representation that use of any of our Site is protected from viruses, security threats or other vulnerabilities.

5. PRIVACY POLICY

Please view our Privacy Policy , which explains OVR Software´s practices relating to the collection and use of your information through or in connection with our Site. OVR Software´s use of your information is governed at all times by our Privacy Policy, which is incorporated into these Terms. You understand that through your use of the Site you consent to the collection and use of this information (as set forth in the Privacy Policy).

6. COPYRIGHTS AND TRADEMARKS

The contents of this website, including all text, graphics, logos, trademarks, service marks, slogans and other material, are protected under India and foreign copyright and trademark laws. You may not well, reproduce, distribute or otherwise use the material in this website, or any part thereof, in any way for any public or commercial purpose and it is strictly prohibited. You may download a copy of the information for your own, non-commercial use. You must have our written permission to distribute copies of the information to others. To request such permission, send an e-mail to [email protected] You must retain all copyright and other proprietary notices contained in the original material on any copy you make. You may not use any trademarks, service marks, slogans or logos contained in this website without the written permission of the owner.

7. THIRD-PARTY PRODUCTS AND SERVICES

Parties other than OVR Software may offer and provide products and services on or through the Sites. Except for OVR Software branded information, products or services that are identified as being supplied by OVR Software, OVR Software does not operate, control, or endorse any information, products, or services on the Sites or accessible through the Sites in any way. OVR Software is not responsible for examining or evaluating, and OVR Software does not warrant the offerings of, any of these businesses or individuals or the content of their websites. OVR Software does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. The Sites may contain links to other websites not operated by OVR Software. The links are provided for your convenience. The inclusion of any links to other websites does not imply affiliation, endorsement or adoption by OVR Software of those websites or the contents therein. We are not responsible for the contents, links or privacy of any linked website. Access to any other websites linked to the Sites is at your own risk. When leaving the Site, you should carefully review the applicable terms and policies, including privacy and data gathering practices, of that third-party website.

8. PRODUCT AND SERVICE INFORMATION

OVR Software does not warrant that information, graphic depictions, product and service descriptions or other content of the Sites is accurate, complete, reliable, updated, current, or error-free. Despite our efforts, it is possible that a price for a product or service offered on the Site may be inaccurate or the product or service description may contain an inaccuracy. In the event OVR Software determines that a product or service contains an inaccurate price or description, OVR Software reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error, including without limitation canceling your order, unless prohibited by law. OVR Software may make improvements or changes to any of its content, information products, services, or programs described on the Sites at any time without notice. You agree to notify OVR Software immediately if you become aware of any pricing or descriptive errors or inconsistencies with any products or services you order through the Sites and comply with any corrective action taken by OVR Software.

9. ONLINE ORDERS

In order to protect OVR Software and its customers from fraudulent activity, we may implement reasonable procedures regarding any online orders including but not limited to validating information provided or limiting the amount of equipment (e.g. wireless phones) and/or services that may be ordered online by a single individual or entity. OVR Software reserves the right to further limit quantities or to cancel or reject orders in its sole discretion.

10. ACCEPTABLE USE

You agree to use our Site and the Content (whether provided by us or others), as well as any Software provided in connection with the Site, in a manner consistent with all applicable laws and regulations.

11. SITE SECURITY

Violating the security of our Site is prohibited and may result in criminal and civil liability. OVR Software may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Site or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations.

12. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF OUR SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITES, ANY SITE-RELATED SERVICE OR SOFTWARE THAT IS PROVIDED TO YOU, IS AT YOUR SOLE RISK. OUR SITE, INCLUDING ANY CONTENT, SOFTWARE OR INFORMATION CONTAINED WITH THE SITES AND ANY SITE-RELATED SERVICE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OVR SOFTWARE AND ITS CO-BRANDERS, SUPPLIERS, LICENSORS, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

2. OVR SOFTWARE AND ITS CO-BRANDERS, SUPPLIERS, LICENSORS, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES MAKE NO WARRANTY THAT (i) OUR SITE WILL MEET YOUR REQUIREMENTS, (ii) MATERIALS, SOFTWARE OR CONTENT AVAILABLE FOR DOWNLOAD FROM THE SITE ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; (iii) OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE (INCLUDING FREE FROM UNAUTHORIZED ACCESS), PROVIDE CONTINUOUS STORAGE OR ACCESS, OR ERROR-FREE, (iv) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE, COMPLETE OR RELIABLE, (v) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS, AND (vi) ANY ERRORS IN OUR SITE OR SOFTWARE WILL BE CORRECTED.

3. ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITE OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE USE OF OUR SITE OR OUR SOFTWARE.

4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OVR SOFTWARE OR THROUGH OR FROM OUR SITE SHALL CREATE ANY WARRANTY. ADVICE OR INFORMATION RECEIVED BY MEANS OF OUR SITE SHOULD NOT BE RELIED UPON FOR SIGNIFICANT PERSONAL, BUSINESS, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR PARTICULAR SITUATION.

13. ENFORCEMENT

OVR Software reserves the right but does not assume the obligation to strictly enforce these Terms, including without limitation by issuing warnings, suspension, or termination of access to the Sites and/or services, and/or by removing, screening, or editing of Content, or by engaging in self-help and active investigation, litigation and prosecution in any court or other appropriate venue. OVR Software may access, use, and disclose transaction information and any Content provided by you to comply with the law (e.g., a lawful subpoena) or based on OVR Software´s reasonable judgment that disclosure is necessary, or to enforce or apply our agreements (including these Terms), to initiate, render, bill, and collect for services, to protect our rights or property, or to protect users of OVR Software´s services, the Site and other persons or entities from fraudulent, abusive, or unlawful use of the Site or any such services. INDIRECT, ATTEMPTED OR ACTUAL VIOLATIONS OF THESE TERMS OR ANY RELATED POLICY BY YOU OR ANY THIRD- PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE TERMS BY YOU.

14. LIMITATION OF LIABILITY

IN NO EVENT SHALL OVR SOFTWARE, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR INABILITY TO USE THE SITES OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITES, OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITES OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITES, (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SITE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; (vi) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (vii) ANY OTHER MATTER RELATING TO OUR SITE, EVEN IF AT&T OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

15. INDEMNIFICATION

You agree to indemnify, defend and hold harmless OVR Software and its underlying content and service providers, licensors and suppliers, and each of their respective subsidiaries, affiliates, officers, agents, and employees, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, made by any third-party due to or arising out of Submitted Material or any other content you submit, post or upload to or transmit through our Site, your use of our Site, your connection to our Site, your violation of these Terms, or your violation of any law or the rights of another. These obligations will survive any termination of your relationship with OVR Software or your use of our Site. OVR Software reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with OVR Software in asserting any available defenses.

16. JURISDICTION

This Web Site is controlled, operated and administered by OVR software, from its offices within India. OVR software makes no representation or warranty that the Web Site or Content are appropriate or available for use at any locations outside of India. These Terms of Use shall be interpreted, construed and governed by the laws in force in the India.You agree that any action, suit or proceeding arising out of or related to these Terms of Use shall be commenced in India. Each party hereby agrees to submit to the jurisdiction of the courts of India and waives any objections based upon venue in any such action, suit or proceeding. Notwithstanding the foregoing, OVR software may pursue enforcement of intellectual property rights and the protection of confidential information in such other jurisdictions as through injunctive or other equitable relief through the courts.

17. USER SUBMISSIONS

ovrsoftware.com does not want to receive confidential or proprietary information from you through our Web site. Please note that any information or material sent or submitted will be deemed NOT to be confidential. By sending ovrsoftware.com any information or material, you grant an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information.

18. REFUND POLICY

OVR Software, software sales are final and OVR Software does not provide refunds of any kind, including refunds for User subscription, remaining subscription term, resume services, any all other Site related products and services. If there is a situation happening that requires our staff's attention, we will address it on a case by case basis through the Customer Support Ticket System. If the problem can not be resolved then a refund will be issued. There are absolutely no refunds after 30 days of purchase .

19. HYPERLINKS

As a convenience to you, this website contains links to other sites independently maintained by others. Because The OVR Software does not control these other sites, we cannot make any representations regarding and are not responsible for the content or accuracy of the materials on these linked sites. In addition, the link to these sites should not be construed as a recommendation, endorsement, adoption or approval by The OVR Software of any products or services offered by the sponsors of these sites, or the views or opinions expressed therein. The OVR Software is not responsible for your use of such linked sites or the products or services offered by the sponsors of these sites. You should make an independent investigation and evaluation before linking to, downloading or acquiring any of such products or services.

20. MISCELLANEOUS

OVR Software´s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms shall be governed and construed in accordance with the laws of the India applicable to agreements made and to be performed in India. You agree that any legal action or proceeding between OVR Software and you for any purpose concerning these Terms or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in India. Neither the course of conduct and/or course of dealing between the parties nor trade practice shall act to modify any provision of this Agreement. OVR Software may assign its rights and duties under this Agreement to any party at any time without notice to you. Your rights and duties under these Terms are not assignable by you without written consent of OVR Software. These Terms do not provide any third party with a remedy, claim, or right of reimbursement. You must file any claim or suit related to our Site within one year after it arises.

21. CONTACTING US

If you have questions regarding our Terms of Use, its implementation or our general practices, please contact us at [email protected]

 

 
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