Azizi, Inc's terms of services

The following terms and conditions govern all use of the azizi.xyz website and all content, services and products available through the website, including, but not limited to, the Azizi, Inc client area (collectively referred to as the Site).
The Site is owned and operated by Azizi, Inc. The Site is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Azizi, Inc's Privacy Policy) and procedures that may be published from time to time on this Site by Azizi, Inc (collectively, the "Agreement").

Using our Services

You must follow any policies made available to you within the Services.

Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

Our Services display some content that is not Azizi, Inc’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

Our Warranties and Disclaimers

We provide our Services or scripts using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER AZIZI NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES OR SCRIPT “AS IS”.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Scripts License and Use Rights

The software is licensed, not sold. 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.

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 should 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 is with us and you are only a licensee.

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 one of our scripts, 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.

Technical Support

You are entitled to receive free "basic technical support" for all the software purchased from us upto a maximum period of 3 months 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.

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, 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

Any customisations or modifications you may want from the script/software may/may not be addressed by us but it will be considered as a variant software from the software from its default form only. If we decide to work on the variant of the software you could be licensed to use the said variant keeping the terms of use same as the standard form of the software. You shall follow all the terms of this agreement, as far as the software, software variant and the area customized is concerned. We reserve all the intellectual property rights of the custom software made and you will be allowed to use a license of the software in your licensed domain, with the terms exactly as the terms of use of default form of the software. You shall not cause the license validation stop working.

Refunds

We maintain demo services for each of our software 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 software.

Copyrights and other Intellectual Property Rights

All our software listed and/or being sold on this website(www.azizi.xyz) 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 (Azizi, Inc) only. You do not have any kind of intellectual property rights or any other rights on the software, 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 reserves the entire and exclusive rights for the software, customisations or software variants we sell through/listed in our websites.

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 THE CUSTOMER 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, 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 BEYOND THE PRICE OF THE SOFTWARE PAID BY YOU TO US BY THE TERMS OF THIS AGREEMENT, YOU ARE NEITHER ALLOWED TO BUY A LICENSE FROM US NOR TO ENJOY ANY FEATURES OF THE SOFTWARE.

Arbitration

We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. If we can’t, 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 (in USA).

In an event the arbitrator appointed by the Company has no judicial authority on you, the binding individual arbitration shall take place in USA, 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.

Severability

If a particular term is not enforceable, the unenforceability of that term will not affect any other terms.

Non-Exclusivity

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.

Non-Assignment

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.

No Waiver

Our failure to enforce or exercise any of these terms is not a waiver of that section

Modifications

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.azizi.xyz) regularly. We may not post notice of modifications to these terms on this page. By continuing to use Software after the revisions come into effect, you agree to be bound by the revised terms.

About these Terms

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

These terms control the relationship between Azizi, Inc and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.
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