END-USER LICENSE AGREEMENT

IMPORTANT. PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: Baisvik's End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Baisvik Software Ltd. For the Baisvik software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and Baisvik, (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

1. GRANT OF LICENSE.

1.1. Baisvik grants you a non-transferable non-exclusive licence to use the Software on the terms and conditions of this Licence.

BAISVIK RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU IN THIS LICENCE.

1.2. The SOFTWARE PRODUCT is licensed as follows:

(a) Installation and Use.

Baisvik grants you the right to install and use copies of the SOFTWARE PRODUCT on your computer running a validly licensed copy of the operating system for which the SOFTWARE PRODUCT was designed [e.g. Windows 8, Windows 8.1, Windows 10, Windows 11, Windows Server 2012 R2, Windows Server 2016, Windows Server 2019, Windows Server 2022].

(b) Backup Copies.

You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.

1.3. The Software licensed to you may either be used by a single person personally on one or more computers. Only you can use this copy of the software. In order for someone else to use a copy of this software they must obtain their own individual and separate license.

1.4. You undertake:

(a) to supervise and control the use of the Software in accordance with the terms of this Licence;

(b) to ensure that (if applicable) your employees, sub-contractors and other agents who have authorised access to the Software are made aware of the terms of, and comply with, this Licence;

(c) to not provide or otherwise make available the Software in any form to any person other than as permitted in this Licence; and

(d) to ensure that any permitted copy of the Software and Documentation bears notice of Baisviks’ ownership of copyright.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

(a) Maintenance of Copyright Notices.

You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.

(b) Distribution.

You may not distribute registered copies of the SOFTWARE PRODUCT to third parties. Evaluation versions available for download from Baisvik's websites may be freely distributed.

(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.

You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

(d) Rental.

You may not rent, lease, or lend the SOFTWARE PRODUCT.

(e) Compliance with Applicable Laws.

You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.

3. GOODS AND SERVICES TAX

3.1 All amounts payable or other consideration provided in respect of supplies made in relation to this Licence are exclusive of Goods And Services Tax (“GST”) (if any). Where a supply is a taxable supply, all amounts payable or other consideration provided must be increased by the amount of GST payable in relation to the supply.

3.2 All GST must be paid at the time any payment to which it relates is payable (provided a tax invoice has been issued for the supply). Where any GST payable is not referable to an actual payment, then it must be paid within ten (10) days of a tax invoice being issued by the party making the supply.

4. TERMINATION

4.1. Without prejudice to any other rights, Baisvik may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT in your possession.

4.2. If any provision of this Licence is held to be invalid, illegal or unenforceable, this Licence will continue otherwise in full force and effect apart from such provision which will be taken to be deleted.

5. COPYRIGHT

5.1. All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by Baisvik. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Baisvik.

5.2. You acknowledge that the Software and Documentation are the subject of intellectual property rights including copyright (the “Rights”). You shall not during or any time after the termination of this Licence permit any act (including without limitation copying the Software except as permitted in this Licence) which infringes those Rights. For the avoidance of doubt this Licence does not give you any right to use any trademarks of Baisvik associated with the Software or Documentation. You will fully indemnify Baisvik against all liability, cost and expenses (including legal costs) which may be incurred by Baisvik as a result of your breach of the provisions of this license.

6. UPDATES AND NEW RELEASES

6.1. Baisvik may in its sole discretion notify you from time to time of any update or new release of the Software which provides functions equal to or better than the Software.

6.2. Where an update or new release is provided by Baisvik:

(a) you must immediately install the update or new release and Baisvik is not liable for, and will (notwithstanding any other provision of this Licence) not accept any liability for any previous version or release; and

(b) you may be required to enter into a new licence for the new update or release and this Licence (and any previous licence for the Software) will be terminated immediately upon your acceptance of those terms. In the event that no new licence is supplied, this Licence will continue to apply in all respects to the update or new release which shall be deemed to be the Software for the purpose of this Licence.

7. WARRANTIES

7.1. Baisvik expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. Baisvik does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. Baisvik makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Baisvik further expressly disclaims any warranty or representation to Authorized Users or to any third party.

7.2. YOU ACKNOWLEDGE THAT YOU HAVE EXERCISED YOUR INDEPENDENT JUDGEMENT IN LICENSING THE SOFTWARE AND HAVE NOT RELIED ON ANY REPRESENTATION MADE BY BAISVIK WHICH HAS NOT BEEN STATED EXPRESSLY IN THIS LICENCE OR UPON ANY DESCRIPTIONS OR ILLUSTRATIONS OR SPECIFICATIONS CONTAINED IN ANY DOCUMENT INCLUDING PUBLICITY MATERIAL PRODUCED BY BAISVIK.

8. LIMITATION OF LIABILITY In no event shall Baisvik be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the SOFTWARE PRODUCT, even if Baisvik has been advised of the possibility of such damages. In no event will Baisvik be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Baisvik shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.

Baisvik is committed to safeguard the privacy of its customers and individuals who make use of our online facilities. This policy provides you with information about what data we collect and how this data is processed by us.

Third party vendors, including Google, use cookies to serve ads based on a user's prior visits to your website. Google's use of the DoubleClick cookie enables it and its partners to serve ads to your users based on their visit to your sites and/or other sites on the Internet. Users may opt out of the use of the DoubleClick cookie for interest-based advertising by visiting the ads preference manager. (Alternatively, you can direct users to opt out of a third-party vendor's use of cookies for interest based advertising by visiting aboutads.info.)

Collection and use of information

In general, you can visit the Baisvik website (the 'Website') without telling us who you are or giving any personal information about you. Information which you provide may be used to fulfil your requests for our products or services, to respond to your inquiries about our offerings, to offer you other products, services or provide information that we believe may be of interest to you, to enforce the legal terms that govern your use of our Website, for the purpose for which you provided the information and/or for the reasons specific to the type of collection of information. We may also collect and store certain types of data as described in more detail below.

Cookies and Web Beacons - When you visit our Website, we or our service providers, advertisers or partners, may send one or more cookies to your computer or use web beacons to improve the quality of our service by analyzing traffic pattern, tracking user trends and conducting optional research surveys. A cookie is a small file containing a string of characters that uniquely identifies your browser and a web beacon is a single pixel or clear GIF which are small pieces of code placed on a web page. Most browsers are initially set up to accept cookies and similar technologies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. Web beacons may also be disabled by disabling JavaScript on your computer. However, alteration of such settings may affect the functionality of our website.

Log information - When you visit our Website, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies as explained above.

Google Analytics service - We use Google Analytics service on our Website. Google Analytics may record mouse clicks, mouse movements, scrolling activity as well as any text you type in this website. Neither we nor Google Analytics collect any personally identifiable information that you do not voluntarily enter in this website and we mark certain "sensitive" visitor fields (such as fields where financial information is inputted) in a special way so that such information will not be transmitted, stored and processed by the Google Analytics service. Visiting this Website will not cause your browsing habits to be tracked across web sites by us or Google Analytics. For more information on Google Analytics collection of information, please see Privacy Policy for Information Collected by the Google Analytics Service. We are using the information collected by Google Analytics service for the reasons set out above in the section on Collection and Use of Information.

Electronic notices - We may provide you with information and notices regarding the Baisvik products, surveys or other information which may be of use or interest to You, via the email address you designate in the payment process or when you sign up for our newsletter. You may withdraw your consent for promotional emails at any time by following the unsubscribe instructions located at the bottom of each notice sent. We may also send you transactional, technical or other service notifications from time to time. These messages are sent only to individuals who have purchased our products or services and are essential to maintain the functionality of same, so there is no opt-out available for this type of notifications.

Baisvik Products - Whilst in use, the Baisvik product may collect some information from your computer (e.g. frequency of use, system name, windows version and browser type, IP address, installed devices and date of installation). We will only use this information to improve our products and services. When you purchase a Baisvik product from this website, you will be required to provide personal information (including your credit card details) to our trusted billing merchant. Information you provide to our billing merchant will be processed in accordance with its privacy policy and you are therefore advised to review such policy prior to purchase. Baisvik will have access to all details on the purchase, excluding your credit card or other payment details, for authentication of license, statistical, notification and support related services. You may also access your purchase details remotely by submitting a request on our Support Website.

Information sharing

Baisvik will only use your personal information for the purposes which are specified in this policy. We may engage third parties that assist us in providing or improving our services and we might need to share some personal or other data with them to enable them to do so. These third parties are either subject to this privacy policy or follow practices that offer an equivalent level of protection and may be located outside the EU, in countries where an adequate level of protection is ensured. We will not sell or rent your personal information to third parties for marketing purposes without your consent.

Information processing and security

Information is retained on our servers in the United States of America and in other countries. We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data held by us.

Data integrity

We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on our users to update or correct their personal information whenever necessary. You are therefore kindly requested to inform us of any change referring to your personal data held by us. You have the right to access the personal information that we may hold about you, to rectify this data or object to the storage of the data for legitimate purposes by contacting us at https://baisvik.com/en/support/send-feedback.

Privacy of business partners

Our website and our newsletter may include various links to third party websites or promote third party products. We are not responsible for the privacy practices of such third parties in any way. We strongly suggest that you refer to the their privacy policy before accessing any website or making any purchase so that you are aware of the applicable practices and thus be able to make an informed decision about your actions and/or transactions.

Children

This Website is not aimed at children and we do not knowingly collect any personal information from children. Minors should not use this Website unless supervised by an adult.

Changes to this policy

Please note that this policy may change from time to time. All updates will be published at this site and, if the changes are significant, the changes will be posted on this page thirty days prior to taking effect. Each version of this policy will be identifiable at the top of this document by its effective date. We encourage you to refer to this policy periodically.

Baisvik Order Page

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Baisvik’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term 'Baisvik' or 'us' or 'we' refers to the owner of the website. The term 'you' refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

• This website has advertising blocks of third-party advertising systems such as: Google Adsense. Baisvik not responsible for the ads, which broadcast these systems. If you have any complaints about the quality of advertising, which these systems show you need refer to these systems directly.
• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• This website uses cookies to monitor browsing preferences. See details in our Privacy Policy.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
• Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
• From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
• Your use of this website and any dispute arising out of such use of the website is subject to the laws of United States.