DISCLAIMER OF WARRANTIES:
EXCEPT AS EXPRESSLY PROVIDED HEREIN, INDISOFT, AND ITS OWNERS, EMPLOYEES, AFFILIATES, AGENTS, VENDORS, AND THE LIKE, MAKE NO WARRANTY IN CONNECTION WITH INDISOFT HARDWARE OR SERVICES, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INGRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
No Warranties; Limitation of Liability :
This Website includes information, documents and materials (collectively, the "Contents") that are subject to change without notice. IndiSoft expressly disclaims any obligation to keep Contents up to date or free of errors or viruses, or to maintain uninterrupted access to this Website. This Website (including all Contents) is provided "AS IS." Users of this Website should understand that all Contents have been electronically converted from the media from which originals were produced. IndiSoft has not tested or verified the accuracy or completeness of the conversion process.
IndiSoft assumes no responsibility for errors or omissions in any Contents, including Contents that are referenced by or linked (by hypertext links) to third party websites. IndiSoft makes no representations or warranties of any kind whatsoever for the Contents or services mentioned or offered in the Contents of this site or in third party websites.
IndiSoft disclaims any express or implied warranties related to the use of this Website (including all Contents and third party websites), including, without limitation, merchantability, suitability, noninfringement, or fitness for any particular purpose.
IndiSoft, and its owners, employees, affiliates, agents, vendors, and the like, shall not be liable for any errors contained herein or for any damages whatsoever arising out of or related to the use of this Website (including all Contents), including, without limitation, direct, indirect, incidental, special, consequential or punitive damages, whether under a contract, tort or any other theory of liability, even if IndiSoft is aware of the possibility of such errors or damages.
Construction. If any provision of this Agreement is held to be unenforceable for any reason, it shall be adjusted rather than voided, if possible, in order to achieve the intent of the parties to this Agreement to the extent possible. The conjunction "or" shall be understood in its inclusive sense (and/or). The words "include," "includes" and "including" shall be deemed to be followed by the phrase "without limitation."
Governing Law; Remedies. This Agreement is governed by and construed in accordance with the laws of the State of Maryland, without giving effect to its principles or rules of conflicts of laws. Customer submits to the nonexclusive jurisdiction, for the resolution of disputes arising under this Agreement, of the state and federal courts sitting within the State of Maryland. Except as otherwise provided in this Agreement, the rights, powers, remedies and privileges provided in this Agreement are cumulative and not exclusive of any rights, powers, remedies and privileges provided by applicable law.
Reservation of Rights:
All Contents (including, without limitation, the graphics, icons, and overall appearance of the IndiSoft Website and the Contents) are the property of IndiSoft. IndiSoft does not waive any of its proprietary rights therein including, but not limited to, copyrights, trademarks and other intellectual property rights. This Website and the Contents are intended only for the individual, non-commercial use of Website users. No user of this Website may resell, republish, print, download or copy any portion of this Website or the Contents for commercial use without the prior written consent of IndiSoft except that reasonable copying or printing of the Contents for individual, non-commercial use is permissible where permitted by law. The availability of any Contents through this Website shall under no circumstance constitute a transfer of any copyrights, trademarks or other intellectual property rights of IndiSoft to any Website user or any third party. This Website and the Contents are protected by India and international copyright laws, both as individual works and as a compilation. You may not delete any copyright or similar notice from any Contents you obtain from this Website.
Publicity. Indisoft and its affiliated companies shall have the right to:
a) Disclose to any person or entity the existence of this Agreement, relationship of Customer, or scope or results of the services performed for Customer under this Agreement.
b)Use Customer’s name and/or logo for marketing and/or promotional purposes. Customer shall not release or publish any news release, advertising or other public announcement relating to this Agreement or to the transactions contemplated herein without the prior review and written approval of Indisoft, and all such Press Releases or announcements shall state legibly “RXOffice™ is Powered by Indisoft.”. Notwithstanding the foregoing, Customer may make such disclosures as are required by legal, accounting or regulatory requirements after making reasonable efforts to consult in advance with Indisoft.
Excusable Delays: If the performance of this Agreement or of any obligation hereunder, except for the payment of any amounts due hereunder, is prevented, restricted or interfered with by reason of any cause beyond the reasonable control of the affected party, such party, upon prompt written notice to the other party, will be excused from such performance to the extent of the aforementioned prevention, restriction or interference, provided, however, that the party so affected shall use its commercially reasonable efforts to avoid or remove such causes of nonperformance and shall continue performance hereunder with the utmost dispatch whenever such causes are removed.
Third Party Rights: Except as expressly set forth herein, nothing in this Agreement may be construed as giving any person or entity, other than the parties hereto and their successors and permitted assigns, any right, remedy or claim under or in respect of this Agreement or any provision hereof.