Online Billing & Invoicing Software

License Agreement

License Agreement

License Agreement

Updated Date: 2015-11-06

General Information

OBAAS, A unit of Popular SoftTech and Marketing Pvt Ltd software can only be used by those who have bought a license. Making use of the software means you comply with the License Agreement terms that come with it. It is necessary to purchase a license for each software installation because we sell this software on a per domain basis. Also, you are not permitted to use it on multiple domains without purchasing additional domain licenses. Multiple licenses are required for multiple OBAAS installations on the same domain. Your account must be kept updated at all times for avoiding take down notices known as DMCA which are sent automatically to your registrar and/or host for unrecorded or unlicensed cases of our script.

This software is available either in the form of online download or as an email attachment. Any kind of customized changes made in the software will be charged additionally, the rate of which will be decided on a case to case basis.

This software should not be redistributed, shared or sold either in part or in whole without the permission or approval of the ownership of OBAAS.

You agree on retaining a link back to https://obaas.com/ on each of your site pages if you buy the software’s Powered By version.

License holders can enjoy software upgrades free of charge for six months after buying. After that, a minor renewal fee may be required to be paid by license holders for continuing to get the latest updates. But, access will always be granted to license holders to the downloads section so that they can download OBAAS as it was at the time of buying and up to a period of six months after that. There is only one exception: the right of removing older downloads is reserved by OBAAS and thus, is not entitled to provide any kind of support for such downloads, particularly those which are older than two or more years.

In some instances, license holders, before getting software updates, may need to accept certain modifications in the software license. We cannot be held responsible for any failure in software performance owing to server improvements and other third party software upgrade. Our software is limited to only our unique server requirements and the right to come up or not come up with software updates in the future rests with us.

Limitations Associated with Removal of Powered By License

The term “Powered By” is used only to refer to the site’s “front end” or public part which includes the home page, site pages and invoice download pages. Buying the Removal of Powered By version means buying the right to do away with the link back to https://obaas.com/. However, the branding may never be removed from the login page of the admin or any of its pages. The branding that ought not to be removed in the admin comprises logos, text which refers to OBAAS and link to https://obaas.com/.

Specific Powered By License Requirements

When a license is bought by you with “Powered By”, a link to obaas.com must be maintained on all your site pages, both in the admin and on the frontend. The link text should be easily readable and evident in browser. A background color may be used by you, which is the same or similar to that of the link text. The attribute of “no follow” in the link back to obaas.com may not be used by you. It is necessary for the link back to be valid html which makes use of the “a” tag. It cannot be one that uses javascript. The link back has to stay on the domain where you have installed the software. It cannot stay in an iframe.

Modifications

The source code of OBAAS may be modified for personal use, barring where specified otherwise in the License Agreement. However, your modifications cannot be redistributed, shared or sold without the express written approval of the ownership of OBAAS.

Refund Policy

Since the script is open source, we do not make any kind of refunds. However, we do have a refund policy in place which is applicable only if the software is not delivered to you for any reason. You should check the server requirements thoroughly before buying the license. This is because if the requirements are not met, we cannot be held responsible for any refunds at any time. We, however, guarantee the functioning of basic functions (definitions given below) of OBAAS.

Support Tickets

Once you buy OBAAS, you will be able to access our support ticket system for a period of 180 days after buying. Please ensure installation of OBAAS is done properly and basic functions like invoice billing company and invoice downloads operate correctly. In case you require additional support, extra time has to be purchased by you after the expiry of 180 days.

Paid Support

While support is offered for software installation, an extra fee will be needed for additional services like programming, design and rectification of modifications at our prevailing market rate for design and development work. However, we do not give any guarantee when we are hired by you for professional installation assistance. Once the job of installation or bug tracking is completed by our support team, you need to change the password. Also, access to cPanel is required for installation; otherwise, the Paid Support order is not accepted by us or we do not consider it as viable.

Termination

The effectiveness of the license begins with you installing the software and it gets terminated automatically, with instant effect, in case of any breach of or failure to comply with any of the terms of this license, including but not restricted to non-payment of any fee.

Once the license gets terminated, all copies of the software must be destroyed and the software be completely purged from all your systems. A notification of the same should also be sent to us.

Upon termination, you cannot ask for any refund of any monetary sum or other consideration paid by you and all rights given to you under this license are relinquished by you.

Delivery

Payment can be made via paypal, checkout, payza and other gateways. We may take up to 48 hours to deliver the software from the time payment is made via any of the mentioned processes. The duration of software delivery can extend up to 72 hours for unverified users of any of the payment gateways.

Features

Vital features like adding companies, creating invoices and generating pdf copy are covered in the course of the first 120 days to unaltered / unmodified sites only. It is natural to have some features at any time which may not work as per expectations. All software consists of bugs; when they are identified by us, those are fixed and subsequently, these fixes are added to future releases which also include patch releases. OBAAS being a mature product, the reported number of bugs are much lesser in recent times. However, at times, bugs are located on new or existing features. A time frame is not guaranteed by us in such occasions for fixes. At the same time, it should also be maintained that we try at being as fast as possible, particularly if the problem affects multiple users.

In case the existence of such an error is identified, it will not amount to a breach of this License Agreement. Each of the software copies supplied should be tested by you for computer viruses and you agree not to hold us responsible for any harm incurred because of any such virus. You also agree to take accountability of your own data, despite the fact that use of such data may be made in combination with the software.

Manufacturer Rights

Title, intellectual property rights and ownership rights to and in the software shall stay with the Manufacturer. International copyright treaties safeguard the software.

Disclaimer of Warranty

We provide the software “as is” without any kind of warranty, implied or expressed, including but not restricted to merchantability, fitness for a specific reason or otherwise. As a buyer, you agree on not holding the ownership of OBAAS accountable for any damages arising out of the use of the software. Periodic updates may be received by the License Agreement and it is the responsibility of license holders to keep up with License Agreement updates and follow the License Agreement. Not being aware of updates is not a legitimate cause of not adhering to the License Agreement. Any extra agreements made with regard to OBAAS are limited, and you must follow the License Agreement terms irrespective of other agreements.

Payment services used by the software are provided by third-party providers. In case the service changes or ends, you will be responsible for indemnifying the third-party service provider or us for any effect it causes. We do not take any responsibility for correcting, updating or supplementing any information related to third parties. You also agree that we are not responsible and cannot be held liable for the advertising, content, products or other resources from third-parties or the availability of their services. We and our products are, in no way, endorsed, sponsored or associated with or by any third-party providers.

You accept and agree that all the details in this software (referred to as “the content”) are for purposes of general information only. You further accept that the content is derived from sources assumed to be trustworthy and that neither us nor the third-party providers make any guarantee of its completeness, accuracy or timeliness.

OBAAS make use of a couple of third-party PHP codes and classes. Its credit is given on some source code pages and in the download folder. License holders do not have the permission to remove them.

Update Policy

OBAAS may, based on their individual judgment, provide license of and advice regarding the usage of software updates as well as new releases. Software updates will be available on the site as and when these are made so by OBAAS. You will be responsible for downloading updates for your individual use. The terms of this license will also govern the use of such updates.

Liability

  • You solely are responsible for ascertaining whether your requirements will be met by the software. Also, the entire risk with regard to its performance lies with you and, barring the reasons stated above, if any defect is found in the software, you alone have to bear the entire expense of all necessary repair, correction or servicing and any consequential or incidental damages. In no occasion can OBAAS be held responsible for any direct, indirect, incidental or special loss of profits or business, data or consequential damages arising out of any defect and/or usage of the software, even if the possibility of such a damage has been indicated by OBAAS, whether because of OBAAS or any other entity’s breach of contract, negligence, misrepresentation or otherwise.
  • OBAAS cannot be held accountable, in any way, for any costs, losses, claims, damages, expenses and liabilities incurred as a result of the software, directly or indirectly, or owing to the use or licensing of the software or otherwise.
  • OBAAS shall have to be indemnified against all claims made by third parties (except for claims making allegations of violation by the software, as supplied, of the patent, copyright or any other intellectual property right of a third party) occurring due to use or possession of the software either by you or any other individual doing so with your consent.
  • You cannot hold OBAAS responsible, in any way, for any illegal use of the software.
  • All the provisions mentioned above under liability shall be applicable except to the extent that accountability cannot be limited or excluded by law. The aggregate accountability of OBAAS, under this license agreement, for all claims coming up under it shall be restricted to total fees disbursed by you to the claim date.
  • You agree that all the riders of this clause are reasonable and fair in all the events of the license.

Transfer of License

License(s) ownership cannot be transferred without the approval of the ownership of OBAAS. A transfer can only be regarded as complete once the license is removed from the account of the original buyer and added to the OBAAS account of the new owner. This makes it imperative for the new owner to have a OBAAS account for accepting the license transfer. The new owner consents that by agreeing to the transfer, the License Agreement terms as specified in this document are accepted by them. The right to deny transfer of a license is reserved by OBAAS.

Revocation of License

The license of using the software can be forfeited as a result of the following occurrences:

  • Installing the software on extra sites without buying a license.
  • Stating false information about the software with “damaging intent”.
  • Trying to redistribute the source code or software.
  • Trying to redistribute the source code or software, even if altered.
  • Failing to keep the Powered By link back to OBAAS.com when you buy a license requiring Powered BY link back.
  • Failing to update records with regard to domains where OBAAS is installed. All OBAAS-installed domains must be displayed by the OBAAS account.

Additional Details

  • You accept that this license has been read by you and accordingly agree to follow its License Agreement terms. You also agree that it is the exclusive and entire statement of the agreement made between OBAAS and you and that this surpasses any other earlier agreement or proposal, whether written or oral, concerning the subject matter of this license.
  • Any amendments, representations or modification to this license shall not hold any value unless enclosed in a written letter signed by any of OBAAS’s authorized officers.
  • Either party’s delay or failure in implementing any provision concerning it will not relinquish the rights of that party.
  • If any of the license’s provisions is found to be unenforceable or invalid, it will not nullify the remainder of this license. Those will continue to remain enforceable and valid as per its License Agreement terms.
  • OBAAS may transfer or assign its obligations or rights under this license. However, you are not permitted to transfer your rights to another party without prior written approval from OBAAS, under this Agreement.

Report Piracy URL

In case you suspect a site violating the license agreement or not using a legitimate license of OBAAS, please mail us at: piracy at OBAAS dot com.

We give utmost importance to piracy and appreciate your assistance in our efforts to curb illegal distribution or piracy of our software.

Enforcement of License Agreement for subscribers

Indirect or attempted violations of the license agreement and actual or attempted violations by a third party on behalf of a subscriber or a subscriber’s end user, shall be considered violation of the policy by such customer or end user. Any user found violating the above agreement is liable for action under the prevailing laws including termination of services without any prior notice.

User of the service, understand and agree that only courts in Mumbai, India have jurisdiction over any and all matters pertaining to the service.

We also want to advise you that if, you do not agree with any of the condition mentioned above kindly do not register with us.

OBAAS.com, A unit of Popular SoftTech and Marketing Pvt Ltd., reserves the right to terminate user account at any time without notice or liability, if OBAAS.com, A unit of Popular SoftTech and Marketing Pvt Ltd., determines that user has violated any of these license agreement. OBAAS.com, A unit of Popular SoftTech and Marketing Pvt Ltd., reserves the right to modify these policies at any time.

By registering online or offline with us and / or by making or issuing payment for the service, user agree to all the license agreement mentioned above.

Definitions

Basic functions – product installation, login ability to the admin panel, ability of adding invoice billing companies and creating and generating pdf invoices on the site’s admin and front end area under general settings, ability of using the default invoice template ( may not support other templates or there may be an extra charge for it).

Ownership – “ownership of OBAAS”, wherever stated above, denotes ownership of OBAAS.com, A unit of Popular SoftTech and Marketing Pvt Ltd.

OBAAS – abbreviation for OBAAS and also denotes “ownership of OBAAS, A unit of Popular SoftTech and Marketing Pvt Ltd”.

Removal of Powered By License – denotes the front end and not the back end or admin “Removal of Powered By License”.