SOFTWARE LICENSE AGREEMENT 1. General. The Communication Tracker software, documentation and any fonts accompanying this License whether on disk, in read-only memory, on any other media or in any other form (collectively the "Software") are licensed, not sold, to you by Acism Software Private Limited ("Acism") for use, copy and modify only under the terms of this License, and Acism reserves all rights not expressly granted to you. The rights granted herein are limited to Acism's and its licensors' intellectual property rights in the Software and do not include any other patents or intellectual property rights. 2. Title and intellectual property rights. Title and intellectual property rights in and to any content displayed by or accessed through the Software belong to the respective content owners. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This License does not grant you any rights to use such content. 2.1. The Software is the intellectual property of Acism and is protected under the Indian copyright laws. 2.2. Permitted License Uses and Restrictions. This License allows you to install and use one copy of the Software over a network strictly for your own purpose. The software comes with its source code, and you are authorized to modify the code only for your own use. You are prohibited to remove the footer which is the lower portion that appear on every of most of the pages. You may make one copy of the Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, redistribute, rent, lease, lend or re-license the Software or any part thereof. 2.3. The structure, organization and source code of the Software are the valuable copyright, trade secrets and confidential information of Acism. Therefore you must treat the Software just as you would any other copyrighted material, such as a book. In other words, you may not copy the Software or the Documentation except as set forth elsewhere in this agreement. Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices contained herein.You agree not to modify, adapt, translate, reverse engineer, de-compile, disassemble or otherwise attempt to discover the source of the Software. Except as stated above, this Agreement does not grant you any rights to intellectual property in this Software. 3. Disclosure. You may not rent, lease, lend or sublicense the Software. 4. Termination. Your rights under this License will terminate automatically without notice from Acism if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Software and destroy all copies, full or partial, of the Software. 5. Limited Warranty on Media. Acism warrants the media on which the Software is recorded and delivered by Acism to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this Clause shall be, at Acism's option, a refund of the purchase price of the product containing the Software or replacement of the Software which is returned to Acism or an Acism authorized representative, with a copy of the receipt. This limited warranty and any implied warranties on the media including, but not limited to, the implied warranties of merchantability, of satisfactory quality, and of fitness for a particular purpose, are limited in duration to ninety (90) days from the date of original retail purchase. The limited warranty set forth herein is the only warranty made to you and is provided in lieu of any other warranties (if any) created by any documentation or packaging. 6. Disclaimer of Warranties. You expressly acknowledge and agree that use of the software at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. Except for the limited warranty on media set forth above and to the maximum extent permitted by applicable law, the Acism software is provided on "as is" basis, and without warranty of any kind, and Acism and Acism's licensors (collectively referred to as "Acism" for the purposes of Clause 6 and 7) hereby disclaim all warranties and conditions with respect to the Software, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Acism does not warrant against interference with your enjoyment of the Software, or that the functions contained in the Software will meet your requirements, or that the operation of the Software will be uninterrupted or error-free, or that the Software will be compatible with third partysoftware,or that defects in the Software will be corrected. No oral or written information or advice given by Acism or an Acism authorized representative shall create a warranty. Should the Software prove defective, you will bear the entire cost of all necessary servicing, repair or correction. 7. Limitation of Liability. To the extent not prohibited by law, in no event shall Acism be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Software, however caused, and even if Acism has been advised of the possibility of such damages. 8. Governing Law and General Provisions. This License will be governed by and construed in accordance with the laws in force in India and shall be subject to Pune jurisdiction. This License shall not be governed by the Indian Sale of Goods Act, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. All the disputes about the interpretation of or arising out of this Agreement shall be referred to the sole arbitrator appointed by Acism. The arbitrator appointed by Acism shall dispose of the dispute in accordance with Indian Arbitration and Reconciliation Act, 1996. The venue of such arbitration proceedings shall be as decided by the sole Arbitrator. 9. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Acism. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.