Definitions of words used in our terms.
Modification Date: September 1st, 2008
"AFFILIATE" shall mean any entity controlled by,
controlling, or under common control with Customer. Such
entity shall be deemed to be an "Affiliate" only so long as
such control exists. Upon request, Customer agrees to confirm
the Affiliate status of a particular entity.
"COMMENCEMENT DATE" of each Program License shall mean
the date on which the Ordered Program is first delivered to
Customer.
"CUSTOMER" - person or business entity requesting
services or products from "Srest". It shall include all its
Affiliate.
"DESIGNATED SYSTEM" shall mean Customer's computer
hardware and operating system designated on the Order Form or
Sales Proposal or as listed in manuals.
"DOCUMENTATION" shall mean SRest’s then current
published guides, manuals and online help for the ordered
Programs and/or services.
"EFFECTIVE DATE" shall mean the effective date set
forth on Agreement or invoice or receipt.
"PRE-PRODUCTION PROGRAM" shall mean a software program
which is (i) not generally licensed for commercial use by
Srest, (ii) not listed as generally available in SRest’s
marketing literature, or (iii) designated by Srest as an
"Alpha," "Beta," or "Pre Production" program or release.
"MAINTENANCE SERVICES" shall mean the services provided
under SRest’s standard Maintenance Services policy in
effect on the date such services are ordered.
"ORDER FORM" shall mean the document, substantially in
the form of "Order Form", by which Customer orders Program
Licenses and related services and which is executed by the
parties. Each Order Form shall reference the Effective Date
and shall upon signature by both parties, be incorporated into
an Agreement.
"ORDERED PROGRAMS" shall mean the User Programs and
System Programs as delivered by Srest as listed in one or more
"Order Forms" or invoice or sales proposal or .
"PRODUCTS/PRODUCT" shall mean (i) the User Programs and
System Programs, (ii)Software, (iii) Products (iv) Online
Products and (iv) Updates. “Product” is the
following, including the original and all whole or partial
copies: 1) machine-readable instructions (software) and data,
2) components, 3) audio-visual content (such as images, text,
recordings, or pictures), 4) related licensed materials, and
5) license use documents or keys, and documentation. For
the purposes of all Srest Agreement and terms, Program means
both singular and plural when the Agreement is provided with
more than one Program.
“PROOF OF
ENTITLEMENT” (“PoE”)
is evidence of Your authorization to use a Program at a
specified level. That level may be measured, for example, by
the users. The PoE is also evidence of Your eligibility for
future upgrade prices, if any, and potential special or
promotional opportunities. If Srest does not provide You with
a PoE, then srest may accept the original paid sales receipt
or other sales record from the party (either srest or its
reseller) from whom You acquired the Program, provided that it
specifies the name of the Program and the usage level
acquired.
"PROGRAM LICENSE" shall mean each license granted to
Customer for a user to use a Program.
"SERVER SYSTEM" shall mean the server hardware and
operating system of "Customer" specified on the "Order Form".
"SITE" shall mean the internet sites hosted by Srest at
www.srest.net and www.srest.com
"SREST" shall mean SREST INFORMATION TECHNOLOGY PVT
LTD, a company incorporated and registered under the laws
prevailing in India and having its Registered Office at
B-107/8, Riviera Tower, Lokhandwala Township, Kandivali
(East), Mumbai - 400 101.
"SOFTWARE" means same
as product
"SYSTEM PROGRAMS" same as product.
"SUPPORTED PLATFORM" shall mean the hardware and
software platforms (e.g. database server systems, application
server systems, and client systems) that are supported by
Srest as expressly set forth in the "Documentation". The
requirements for the Supported Platform are subject to change
as specified by Srest in its discretion with seven (7) days
prior written notice to Customer.
"UPDATE" shall mean a subsequent release of a "Program"
that "Srest" makes generally available at no additional charge
for "Programs" receiving "Maintenance Services". Updates shall
not include any release, option, future product, or any
upgrade in features, functionality or performance of the
Programs which Srest licenses separately or offers only for an
additional fee; provided, however, that Updates shall include
all (i) bug fixes, patches, and maintenance releases, (ii) new
point releases denoted by a change to the right of the first
decimal point (e.g., v30 to 31), and (iii) new major version
releases denoted by a change to the left of the first decimal
point (e.g., v3.0 to 4.0) so long as Customer is current on
maintenance fee obligations.
"USERS" shall mean the unlimited number of individuals
using the Programs and Srest Sites or ordering service from
Srest. Users may include the employees of Customer or third
parties; provided that such third party is limited to use of
the Programs (i) only as configured and deployed by Customer,
and (ii) solely in connection with Customer's business
operations as conducted by or through such third party,
including but not limited to the installation, administration
or implementation of the Programs for Customer. Customer
agrees that it is responsible for insuring that any third
party usage is in accordance with the terms and conditions of
this Agreement. Notwithstanding the foregoing, Users shall
exclude any individuals employed by, or acting on behalf or
under the direction of, a direct competitor of Srest
"USER PROGRAMS" shall mean the object code of the
software specified as "User Programs" on an Order Form that
resides and operates on User Systems.
"USER SYSTEM" shall mean the hardware and operating
systems operated by Users, including notebook and portable
computers.
"WRITTEN NOTICE" shall mean any communication sent by
Srest via email or fax or mail or courier or posted online or
given in hand to Customer
“YOU” and
“YOUR”
refer either to an individual person or to a single legal
entity.
