TERMS AND CONDITIONS OF SOFTWARE MODULE LICENSING

1. Scope and Independent Developer Status

• 1.1 Nature of Business: The Licensor operates as an independent software development entity that authors, distributes, and licenses proprietary software add-on modules, plugins, hooks, integrations, and source code extensions ("Modules") designed for use with third-party web platforms, including but not limited to Perfex CRM.
• 1.2 Non-Affiliation: The Licensor is strictly independent and is not affiliated, associated, authorized, endorsed by, or in any way officially connected with the developers, owners, or official distributors of Perfex CRM or any other third-party software platform.
• 1.3 Core Licenses Excluded: The Licensor does not sell, bundle, sublicense, or distribute core licenses for any third-party systems.

2. Third-Party Platform Requirements & Compliance

• 2.1 Core License Prerequisite: The Licensee acknowledges that running the Modules requires an active, legally obtained, and compliant core license for the applicable third-party platform (e.g., Perfex CRM). Sourcing and maintaining this license remains solely the Licensee's responsibility.
• 2.2 Technical Compatibility: The Licensee is solely responsible for ensuring its hosting environment, web server stack, database architecture, and PHP configuration meet or exceed the minimum operational prerequisites stated in the Module technical documentation.
• 2.3 Upstream Core Updates: The Licensor does not warrant that Modules will maintain continuous compatibility with unreleased, future, or modified versions of upstream third-party platforms. The Licensor is not liable for operational failures, API deprecations, schema alterations, or data disruptions resulting from updates released by upstream platform developers.

3. Intellectual Property & Grant of License

• 3.1 IP Ownership: All title, copyrights, trade secrets, patents, and proprietary intellectual property within the Modules and associated documentation remain the exclusive property of the Licensor.
• 3.2 Grant of License: Subject to full receipt of payment and ongoing adherence to these Terms, the Licensor grants the Licensee a non-exclusive, non-transferable, non-sublicensable, revocable license to install and execute the Module solely within the authorized domain limit, seat count, or instance parameter defined by the purchased license tier.
• 3.3 Usage Restrictions: Unless expressly permitted under a separate, written Enterprise/Developer agreement executed by the Licensor, the Licensee shall not:
  
  
  • Resell, rent, lease, sublicense, distribute, publish, or publicly disclose the Module source code, installation packages, or license keys;
  • Alter, obscure, or remove any copyright notices, proprietary markings, or license validation checks embedded within the code;
  • Use the Module’s source code, architecture, or logic to develop, market, or distribute a directly competing software add-on or service.

4. Code Alterations and Customizations

• 4.1 Forfeiture of Warranty: Any modification, decompression, decoding, or alteration of the Module source code performed by the Licensee or any third party immediately and automatically voids all warranties, maintenance agreements, and technical support obligations.
• 4.2 Conflict Resolution: The Licensor bears no obligation to troubleshoot, configure, or resolve system conflicts arising from custom code edits or conflicting third-party extensions introduced by the Licensee.

5. Technical Support and Environment Access

• 5.1 Support Scope: Support is strictly limited to investigating and resolving reproducible functional defects within a standard, unmodified baseline installation of the supported third-party platform. Support does not include general server administration, hosting optimization, or bespoke feature engineering.
• 5.2 Environment Access & Backups: Where technical support requires direct server or administrative access, the Licensee must provide temporary, isolated staging credentials. The Licensee is solely responsible for performing full database and file backups prior to granting access. The Licensor accepts no liability for pre-existing system failures or data loss occurring during support interventions.

6. Delivery and Digital Refund Policy

• 6.1 Digital Fulfillment: Modules and license keys are delivered electronically via direct account download or electronic transmission upon verified transaction clearance.
• 6.2 Final Sale (Digital Goods): Due to the irrevocable, downloadable nature of digital software and inspectable source code, all sales are final and non-refundable once download access or licensing credentials have been granted.
• 6.3 Limited Remedy: Refunds will only be considered if all of the following conditions are met:
  
  
  1. A critical defect is reported in writing within fourteen (14) days of purchase;
  2. The defect is verified on a clean, standard platform installation; and
  3. The Licensor fails to provide a functional patch or resolution within thirty (30) business days of receiving proper technical notice and staging access.

7. Data Handling & Privacy

• 7.1 Architecture: The Modules operate locally within the Licensee’s self-hosted server or managed infrastructure. The Licensor does not collect, host, inspect, or process the operational business data, customer records, or financial entries managed inside the Licensee’s CRM.
• 7.2 Confidentiality: In the event that technical support facilitates incidental exposure to Licensee data, the Licensor shall maintain reasonable confidentiality standards and process credentials solely to resolve the technical support request.

8. Disclaimer of Warranties

"AS IS" DISCLAIMER: THE MODULES AND RELATED SERVICES ARE PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSOR DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

9. Limitation of Liability

• 9.1 Exclusion of Consequential Damages: To the maximum extent permitted by applicable law, in no event shall the Licensor, its officers, employees, or contractors be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, including loss of profits, business disruption, loss of business data, or regulatory penalties, regardless of the theory of liability (contract, tort, or otherwise).
• 9.2 Monetary Cap: The Licensor's total aggregate cumulative liability arising out of or related to this Agreement, the Modules, or technical services shall under all circumstances be strictly capped at the actual purchase price paid by the Licensee for the specific Module license giving rise to the claim.

10. Governing Law and Dispute Resolution

• 10.1 Jurisdiction: This Agreement shall be governed by, interpreted, and enforced in accordance with the substantive laws of India, without regard to its conflict of law rules.
• 10.2 Forum Selection: Any dispute, claim, litigation, or proceeding arising out of or relating to this Agreement or the purchase of Modules shall fall under the exclusive jurisdiction of the competent courts located in Rajkot, Gujarat, India.

11. Amendments and Severability

• 11.1 Updates: The Licensor reserves the right to modify these Terms at any time. Notice of revisions will be posted on the portal with an updated revision date. Continued utilization of the Modules, customer portal, or update channels constitutes acceptance of the amended terms.
• 11.2 Severability: If any provision of this Agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed or modified to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

12. Contact Information

• Entity Name: Sejal Infotech
• Email: support@sejalinfotech.com