Terms of Use & End User Licence Agreement

Terms of Use

The following license agreement regulates all use of Excel Accessible ("Excel Accessible ") products and services.

This is a legal agreement ("Terms of Use") between you (either an individual or an entity) and Excel Accessible. You should read the following Terms of Use carefully before using any Excel Accessible SOFTWARE, as your use of our products and services indicates your acceptance of this License Agreement and Warranty.

 

1. Acceptance of Terms of Use

Excelaccessible.com is owned and run by Excel Accessible Private Limited, thus, any reference to "we", "us", or "our" means Excel Accessible and all products offered on this website and services operated through this website are available for your use subject to the terms and conditions set forth in this document. By accessing and using this website, use of any Excel Accessible Services, downloading any Products, or browsing the website, you agree to be bound by the following Terms of Use and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on this website and all such terms shall be deemed accepted by you. If you do NOT agree to all these Terms of Use, you should NOT use this website. If you do not agree to any additional specific terms which apply to particular Content (as defined below) or to particular transactions concluded through this website, then you should NOT use the part of the website which contains such Content or through which such transactions may be concluded and you should not use such Content or conclude such transactions.

These Terms of Use may be amended by Excel Accessible at any time. Such amended Terms of Use shall be effective upon posting on this website. Please check the Terms of Use published on this website regularly to ensure that you are aware of all terms governing your use of this website. Also, specific terms and conditions may apply to specific content, products, materials, services or information contained on or available through this website (the "Content") or transactions concluded through this website. Such specific terms may be in addition to these Terms of Use or, where inconsistent with these Terms of Use, only to the extent the content or intent of such specific terms is inconsistent with these Terms of Use, such specific terms will supersede these Terms of Use.

Excel Accessible reserves the right to make changes or updates with respect to or in the Content of the website or the format thereof at any time without notice. Excel Accessible reserves the right to terminate or restrict access to the website for any reason whatsoever at its sole discretion.

 

2. Warranties and disclaimers

Although care has been taken to ensure the accuracy of the information on this website, Excel Accessible assumes no responsibility therefore. ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE." EXCEL ACCESSIBLE HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE OR THE CONTENT. EXCEL ACCESSIBLE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEBSITE. YOU ACKNOWLEDGE ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. EXCEL ACCESSIBLE DOES NOT WARRANT THAT THE WEBSITE OR THE SERVERS WHICH MAKE THIS WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY EXCEL ACCESSIBLE ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS.

The use of the services or the downloading or other use of any products through the site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. Excel Accessible assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the website or in connection with any services or products offered through the website. No advice or information whether oral or written, obtained by you from Excel Accessible or from the website shall create any warranty not expressly stated in the Terms of Use.

The website may contain references to specific Excel Accessible products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country.

IN NO EVENT SHALL EXCEL ACCESSIBLE OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE OR THE CONTENT, PRODUCTS, SERVICES, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THIS SITE ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, EVEN IF EXCEL ACCESSIBLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST EXCEL ACCESSIBLE PERTAINING TO OR IN CONNECTION WITH THIS WEBSITE MUST BE COMMENCED AND NOTIFIED TO EXCEL ACCESSIBLE IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.

Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to you.

 

3. Links to other sites

This Web Site may provide links to other websites that are not under the control of Excel Accessible. Excel Accessible shall not be responsible in any way for the content of such other websites. Excel Accessible provides such links only as a convenience to the user of this Web Site, and the inclusion of any link to any such websites does not imply endorsement by Excel Accessible of the content of such websites.

 

4. Intellectual Property

Copyright, trademark and all other proprietary rights in the Content (including but not limited to software, services, audio, video, text and photographs) rests with Excel Accessible or its licensors. All rights in the Content not expressly granted herein are reserved. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Products or its Services except as expressly authorized herein. Except as otherwise provided, the Content published on this Web Site may be reproduced or distributed in unmodified form for personal non-commercial use only. Any other use of the Content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of Excel Accessible is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.

Excel Accessible hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties listed above are the properties of their respective owners. Excel Accessible disclaims any proprietary interests in the intellectual property rights other than their own.

 

5. Software

Software made available for downloading from or through this Web Site is licensed subject to the terms of the applicable end user license agreement. Both the Software and any accompanying documentation made available through this Web Site is the copyrighted work of Excel Accessible. Except as set forth in the applicable end user license agreement, the software is made available for use by end users only and any further copying, reproduction or redistribution of the software is expressly prohibited. You must agree to the terms of the applicable end user license agreement to download or order Products or Services from this Web Site.

You may not use, copy, republish, frame, emulate, clone, download, transmit, rent, lease, loan, sell, assign, modify, distribute, license, sublicense, decompile, disassemble, create a derivative work otherwise reverse engineer, or transfer the licensed program, or any subset of the Web Site, its Products or Services, except as expressly authorized herein or in the applicable end user license agreement. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution. You may not sublicense, rent or lease our products. You may not assign or transfer this License to a third party.

WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE END USER LICENSE AGREEMENT. EXCEL ACCESSIBLE HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.

Without limiting the foregoing, Excel Accessible makes no warranty that: the services and products will meet your requirements; the services and products will be uninterrupted, timely, secure, or error-free; the results that may be obtained from the use of the services or materials will be effective, accurate, or reliable; the quality of any services or products purchased or accessible by you through the site will meet your expectations; any errors in the software obtained from or used through the site, or any defects in the site, its services or products, will be corrected.

 

6. Linking

Linking to the Web Site is permitted provided that you comply with the following rules. You may link to the home page of the Web Site or to any other page of the Web Site. However you are not allowed to use in-line linking or framing. You must not imply that Excel Accessible endorses or sponsors the linker or its site, products or services. You must not use our intellectual property including but not limited to trademarks, trade name, copyright without advance written permission from Excel Accessible. Furthermore, you agree to remove the link at any time upon our request.

 

7. Return Policy—General

Excel Accessible software consulting services and/or purchases come with a 30-day satisfaction guarantee. Please be sure you have successfully tested the evaluation version (if available) for your product before purchasing a license. For further information please refer to the Excel Accessible End User License Agreement.

 

8. Applicable Law

These Terms of Use and any disputed relating hereto shall be governed by and construed in accordance with the laws of India without regard to its principles of conflict of laws. If any provision of the Agreement shall be determined invalid for any reason, the remaining provisions shall not be invalidated and shall remain in full force and effect. You agree to the exclusive jurisdiction of the courts of the India for any claim or cause of action arising out of, or relating to or in connection with these Terms of Use or this Web Site, provided that such exclusivity does not apply to legal actions initiated or brought by Excel Accessible.

Excel Accessible does not bear any responsibility nor assumes any risks if by any reason a product or a service made available on this Web Site breaches national law of any state. Those who access this Site do so on their own initiative and are responsible for compliance with their national laws.

 

 

Excel Accessible End-User Software License Agreement

 

The following license agreement regulates all use of Excel Accessible products and services.

("Agreement") is a legal agreement between you (either an individual or single entity) and Excel Accessible. ("Excel Accessible") setting forth the terms and conditions for your use of the Excel Accessible SOFTWARE accompanying this Agreement which includes computer SOFTWARE and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE").

By downloading content from the website or requesting for any services offered on this website, you agree to the following terms and conditions. If you do not agree with these terms, simply do not download anything or request for any services and do not use the site. We reserve the right to make modifications as we deem necessary at any time. It will be your responsibility to check these terms to see what changes have been made. By continuing to use the Excel Accessible web site, you indicate that you accept those changes.

This license is not a sale of the SOFTWARE and you do not become the owner of the SOFTWARE through your purchase, download or use. Excel Accessible retains ownership of the SOFTWARE and all copies thereof, and reserves all rights not expressly granted to you under this Agreement. This Agreement constitutes the complete and exclusive agreement, oral or written, between us or any associated company of ours relating to the SOFTWARE.

 

1. Grant of License

a) The SOFTWARE is licensed, not sold, to you for use only under the terms of this Agreement. This License Agreement is your proof of license to exercise the rights granted herein and must be retained by you. As between you and Excel Accessible, Excel Accessible retains all title to and ownership of the SOFTWARE and reserves all rights not expressly granted to you. Excel Accessible grants to you the right to use all or a portion of this SOFTWARE and print any number of paper copies for your personal and non-commercial use only, provided that

i) you do not download quantities of materials to a database, server, or personal computer for reuse for commercial purposes;
ii) you do not create any derivative works from the Content;
iii) all copyright notices are maintained on the SOFTWARE; and
iv) The licensee/end user agrees to be bound by the terms of this Agreement.

b) When purchasing an individual license for the SOFTWARE, you may use that licensed version on the computer for which it was purchased. If that computer is damaged or the license is otherwise lost, upon verification, a new registration for the SOFTWARE will be provided. For use of the SOFTWARE on more than one computer you personally own, an upgraded license can be purchased supporting this. Site licensing and volume discount information is available upon request for businesses interested in obtaining multi-user licenses for the SOFTWARE. You must obtain supplementary licenses from Excel Accessible before using the SOFTWARE in connection with systems, multiple central processing unit, computer networks, or emulations on a main frame or minicomputer; and

c) This license allows you to make one copy of the SOFTWARE in machine readable form solely for back-up purposes. This SOFTWARE is protected by copyrights laws and international copyright treaties. You must reproduce on each copy the Excel Accessible copyright notice and any other proprietary legends that were on the original;

 

2. Copyright

The SOFTWARE is a proprietary product of Excel Accessible and is protected by copyright law. You acquire only the right to use the SOFTWARE and do not acquire any rights of ownership. You agree not to remove any product identification, copyright notices, or other notices or proprietary restrictions from the SOFTWARE. You agree not to cause or permit the reverse engineering, disassembly, or decompilation of the SOFTWARE.

 

3. Restrictions

Except as otherwise stated in this Agreement, you may not make or distribute copies of the SOFTWARE to others or electronically transfer the SOFTWARE from one computer to another over a network. The SOFTWARE contains trade secrets, and in order to protect them, you may not modify, adapt, translate, reverse engineer, disassemble, decompile, create derivative works based on the SOFTWARE, or otherwise reduce the SOFTWARE to a human-perceivable form. YOU MAY NOT ASSIGN OR OTHERWISE DISPOSE OF, MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL, DISTRIBUTE, NETWORK, OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.

 

4. Transfer of License

You may not transfer your license of the SOFTWARE to a third party.

 

5. Terms

This License is effective until terminated. This license will terminate automatically without notice from Excel Accessible if you fail to comply with any provisions of this license. Upon termination, you must destroy the SOFTWARE and all copies thereof immediately. You may terminate this license at any time by destroying the SOFTWARE and all copies thereof.

 

6. Indemnification by you

If you distribute the SOFTWARE in violation of this Agreement, you hereby indemnify, hold harmless and defend Excel Accessible from and against any and all claims or lawsuits, including attorney's fees and costs that arise, result from or are connected with the use or distribution of the SOFTWARE in violation of this Agreement.

 

7. Foreign Export

You agree and certify that neither the SOFTWARE nor any related technical data is being or will be shipped, transferred or re-exported, directly or indirectly, into any country in violation of any applicable laws or regulations of the United States or the country in which it was obtained.

 

8. Disclaimer of Warranty

A. THIS WARRANTY EXTENDS TO THE ORIGINAL LICENSEE ONLY AND IS NOT ASSIGNABLE OR TRANSFERABLE. THIS WARRANTY DOES NOT APPLY TO ANY FILE/S WHICH HAS BEEN SUBJECT TO MISUSE, ABUSE, NEGLIGENCE OR ACCIDENT. ANY REPAIRED OR REPLACED FILE/S SHALL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL LIMITED WARRANTY OR THIRTY (30) DAYS, WHICHEVER IS LONGER. ANY WARRANTY IMPLIED BY LAW ON THE DISK, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THE ABOVE WARRANTY. EXCEL ACCESSIBLE’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY HEREUNDER IS LIMITED SOLELY TO THE REPAIR OR REPLACEMENT OF THE FILE/S, OR, AT EXCEL ACCESSIBLE'S OPTION, A REFUND OF THE LICENSE FEE. PROVIDED, HOWEVER, THAT THIS WARRANTY DOES NOT APPLY TO THE DOWNLOADED SOFTWARE.

B. EXCEPT FOR THE LIMITED WARRANTY FOR THE FILE/S ON WHICH THE SOFTWARE IS RECORDED AS SET FORTH ABOVE, EXCEL ACCESSIBLE MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, AND EXCEL ACCESSIBLE, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT, DOES EXCEL ACCESSIBLE, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS WARRANT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE SOFTWARE, OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED AND ERROR-FREE. IF THE SOFTWARE IS DEFECTIVE, YOU ASSUME ALL COSTS OF REPAIR AND SERVICING, IN NO EVENT SHALL EXCEL ACCESSIBLE, ITS ASSOCIATED COMPANIES OR THEIR DEALERS, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE SOFTWARE, HOWEVER CAUSED, EVEN IF EXCEL ACCESSIBLE OR ITS REPRESENTATIVES OR AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE SOFTWARE IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMER.

C. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT OR OTHERWISE, SHALL EXCEL ACCESSIBLE NOR ANY OF ITS ASSOCIATED COMPANIES HAVE LIABILITY OR RESPONSIBILITY OF ANY KIND (INCLUDING LIABILITY FOR NEGLIGENCE) TO YOU OR ANY OTHER PERSON OR ENTITY WITH RESPECT TO ANY LIABILITY, LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES) CAUSED OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE SOFTWARE, SOLD, LICENSED, OR FURNISHED BY EXCEL ACCESSIBLE OR ANY OF ITS ASSOCIATED COMPANIES. YOUR STATUTORY RIGHTS ARE NOT AFFECTED BY THIS AGREEMENT.

D. Excel Accessible hereby reserves the right to modify, adapt, translate or improve the SOFTWARE at any time.

 

9. General

This Agreement is binding on you as well as your employees, employers, contractors and agents, and on any successors and assignees. Neither the Software nor any information derived therefrom may be exported except in accordance with the laws of India or other applicable provisions. The construction, validity and performance of this End-User Licence Agreement shall be governed by and submitted to the laws of India and the exclusive jurisdiction of the courts of India. If any provision of the Agreement shall be determined invalid for any reason, the remaining provisions shall not be invalidated and shall remain in full force and effect. This Agreement supersedes and replaces any other agreements relating to the subject matter of this Agreement. In the event a dispute arises under or in connection with this Agreement, you agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the courts of India and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action and waive any objection that such forum is inconvenient. You further consent to service of process in any such action by regular mail or other commercially reasonable means of receipted delivery.