The below Terms of Services is positioned as an AGREEMENT BETWEEN THE USER AND BIZ FIRST INFOTECH LLP., covering end-to-end aspects of subscription to all Biz First services and describes the user's rights to use the BizFirst software and website. The 'USER' may be mentioned from hereon as the 'Licensee' or 'Client' based on the context and BIZ FIRST INFOTECH LLP. may be mentioned as 'Biz First' or 'The service provider'.
Overview of agreement
The below-mentioned Agreement consists of terms and conditions, collectively referred to as "General Terms". There are separate Service-Specific Terms, which the users should agree up to subscribe to a particular service by Biz First Infotech. Both General Terms and Service-Specific Terms are collectively referred to as 'Terms'. In case of any conflict related to specific services, the Service Specific Terms shall prevail.
Acceptance of terms and conditions
You should be of legal age in order to enter into such an agreement by accepting the terms and conditions. You are not bound to use any of our services if you are below the legal age. If you are agreeable with the General Terms, but disagree with the Service-Specific Terms (as updated from time to time), don't use the specific service, which will not be covered under General Agreement of Terms. After fully reading it, you can accept to Terms of service by checking the checkbox attesting your acceptance of all the terms as mentioned.
Description of services
Biz First offers a host of services comprising of enterprise-scale online collaboration and technology administration including project planning, contacts management, enterprise planning, document management, enterprise decision making, security administration, process management and allied services (collectively referred to as "Services" hereon). You may subscribe to one or number of these services for personal or business purposes / for internal purpose or at multi-location implementation at your organization. You can connect to these services over supported internet browsers. You are solely responsible to ensure internet access and all the equipment necessary to access the services uninterruptedly.
Biz First Infotech reserves the right to change the terms, conditions, and notices under which the Biz First Infotech Web Site is offered, including but not limited to the charges associated with the use of the Biz First Infotech Web Site.
The Biz First Infotech Web Site is comprised of various Web pages operated by Biz First Infotech. Biz First Infotech Web Site is offered to you conditioned to your acceptance of usage without modification of the terms, conditions, and notices contained herein. Your use of the Biz First Infotech Web Site constitutes your agreement to all such terms, conditions, updations, and notices.
Links to third party sites
The biz first infotech web site may contain links to other web sites ("linked sites"). The linked sites are not under the control of biz first infotech and biz first infotech is not responsible for the contents of any linked site, including without limitation any link contained in a linked site, or any changes or updates to a linked site. Biz first infotech is not responsible for webcasting or any other form of transmission received from any linked site. Biz first infotech is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by biz first infotech of the site or any association with its operators.
Unlawful or prohibited use
As a condition of your use of the biz first infotech web site, you warrant to biz first infotech that you will not use the biz first infotech web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the biz first infotech web site in any manner which could damage, disable, overburden, or impair the biz first infotech web site or interfere with any other party's use and enjoyment of the biz first infotech web site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the biz first infotech web sites.
Use of communication services
The biz first infotech web site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "communication services"), you agree to use the communication services only to post, send and receive messages and material that are proper and related to the particular communication service. By way of example, and not as a limitation, you agree that when using a communication service, you will not:
Biz first infotech has no obligation to monitor the communication services. However, biz first infotech reserves the right to review materials posted to a communication service and to remove any materials in its sole discretion. Biz first infotech reserves the right to terminate your access to any or all of the communication services at any time without notice for any reason whatsoever.
Biz first infotech reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in biz first infotech's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any communication service. Biz first infotech does not control or endorse the content, messages or information found in any communication service and, therefore, biz first infotech specifically disclaims any liability with regard to the communication services and any actions resulting from your participation in any communication service. Managers and hosts are not authorized biz first infotech spokespersons, and their views do not necessarily reflect those of biz first infotech.
Materials uploaded to a communication service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Materials provided to biz first infotech or posted at any biz first infotech website
Biz first infotech does not claim ownership of the materials you provide to biz first infotech (including feedback and suggestions) or post, upload, input or submit to any biz first infotech website or its associated services (collectively "submissions"). However, by posting, uploading, inputting, providing or submitting your submission you are granting biz first infotech, its affiliated companies and necessary sublicensees permission to use your submission in connection with the operation of their internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission; and to publish your name in connection with your submission.
No compensation will be paid with respect to the use of your submission, as provided herein. Biz first infotech is under no obligation to post or use any submission you may provide and may remove any submission at any time in biz first infotech's sole discretion.
By posting, uploading, inputting, providing or submitting your submission you warrant and represent that you own or otherwise control all of the rights to your submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the submissions.
Licensee rights and multi user scenarios
1. Computer. In this agreement, "computer" means a hardware system (whether physical or virtual) with a storage device capable of running the software. A hardware partition or blade is considered to be a computer.
2. Multiple or pooled connections. You may not use hardware or software to multiplex or pool connections, or otherwise allow multiple users or multiple computers or devices to access or use the software indirectly through the licensed computer.
3. Use in a virtualized environment. If you use virtualization software, including client hyper-v, to create one or more virtual computers on a single computer hardware system, each virtual computer, and the physical computer, is considered a separate computer for purposes of this agreement. This license allows you to install only one copy of the software for use on one computer, whether that computer is physical or virtual. If you want to use the software on more than one computer, you must obtain separate copies of the software and a separate license for each copy. Content protected by digital rights management technology or other full-volume disk drive encryption technology may be less secure in a virtualized environment.
4. Remote access. The user that primarily uses the licensed computer is the "primary user." The primary user may access and use the software installed on the licensed device remotely from any other device, as long as the software installed on the licensed device is not being used non-remotely by another user simultaneously. As an exception, you may allow others to access the software simultaneously only to provide you with technical support.
1. More on How Activation Works. During activation, the software will send information about the software, your registration, license and your computer to Business First Infotech. This information includes the version, license version, language, and product key of the software, the Internet protocol address of the computer, and information derived from the hardware configuration of the computer. If the licensed computer is connected to the Internet, the software will automatically connect to Business First Infotech for activation. You can also activate the software manually by Internet or telephone. Business First Infotech will also synchronize the license information on regular intervals.
2. Re-activation. Some changes to your computer components or the software may require re-activation of the software.
3. Activation Failure. During online activation, if the licensing or activation functions of the software are found to be counterfeit or improperly licensed, activation will fail. The software will notify you if the installed copy of the software is improperly licensed. In addition, you will receive reminders to obtain a properly licensed copy of the software.
4. Updates and Upgrades. You may only obtain updates or upgrades for the software from Business First Infotech or authorized sources. A genuine software checking program will also be engaged appropriately.
Internet-based features; privacyThe following software features use internet protocols, which send to business first infotech (or its suppliers or service providers) computer information, such as your internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the computer where you installed the software. Business first infotech uses this information to make the internet-based features available to you. Some internet-based features may be delivered at a later date via business first infotech update service.
1. Consent for internet-based services. The software features described below connect to business first infotech or service provider computer systems over the internet. In some cases, you will not receive a separate notice when they connect. In some cases, you may switch off these features or not use them. By using these features, you consent to the transmission of this information. Business first infotech does not use the information to identify or contact you.
2. Customer experience improvement program (ceip). This software uses ceip. Ceip automatically sends business first infotech information about your hardware and how you use this software. We do not use this information to identify or contact you. Ceip will also periodically download a small file to your computer. This file helps us collect information about problems that you have while using the software. When available, new help information about the errors might also be automatically downloaded.
3. Online features and content. Features in the software can retrieve online content from business first infotech and provide it to you. Certain features may also permit you to search for and access information online. Examples of these features include online assistance and help, and weather etc.
4. Cookies. If you choose to use online features in the software, such as online assistance and help, and templates, cookies may be set.
5. On windows 8. If you are running the software on a windows 8 computer and you have enabled the software's online features and content, signing into windows 8 with a business first infotech account will automatically sign you into the software using the same business first infotech account. This allows you to store and access online files in skydrive without being asked to reenter your business first infotech account username and password.
6. Automatic update. Software with click-to-run technology may periodically check with business first infotech for updates and supplements to the software. If found, these updates and supplements might be automatically downloaded and installed on your licensed computer.
7. Use of information. Business first infotech may use the computer information, error reports, and malware reports to improve our software and services. We may also share it with others, such as hardware and software vendors. They may use the information to improve how their products run with business first infotech software.
8. Misuse of internet-based services. You may not use these services in any way that could harm them or impair anyone else's use of them. You may not use the services to try to gain unauthorized access to any service, data, account or network by any means.
Proof of license
1. Genuine proof of license. If you acquired the software in a physical package, your proof of license is the genuine business first infotech certificate of authenticity label with the accompanying genuine product key, and your proof of purchase. If you acquired and downloaded the software online, your proof of license is the genuine business first infotech product key or pin for the software that you received with your purchase, and your proof of purchase from an authorized electronic supplier of genuine business first infotech software. Proof of purchase may be subject to verification by your merchant's records.
2. Upgrade or conversion license. If you upgrade or convert the software, your proof of license is;
Limited rights versions
Some versions of the software, like not for resale and academic, evaluation copy or university edition software, are distributed for limited purposes. You may not sell software marked as "nfr" or "not for resale," and you must be a qualified educational user to use software marked as "university," "academic edition" or "ae". Academic or university software may not be used for commercial, non-profit, or revenue-generating activities.
Home and student software
"home and student" edition software may not be used for commercial, non-profit, or revenue-generating activities.
Military appreciation software
You must be a "qualified military user" to license software marked as "military appreciation" edition. To be a qualified military user, in the united states of america, you must be an authorized patron of the armed services exchanges in accordance with applicable u.s. federal statutes and regulations. The military appreciation edition software is not licensed for use in any commercial, non-profit, or revenue-generating activities.
Canadian forces software
You must be a "canex authorized patron" to license software marked as "canadian forces" edition. To be a canex authorized patron, you must be a;
Home use program software
You must be a "home use program user" to use software marked as "home use program." to be a home use program user, you must be both:
Confidentiality of personal information
Ownership of business / personal data
We fully respect your rights to own the content developed by you and protect the data. Unless particularly preferred by you and authorized to do so, biz first will not use, adapt, reproduce, illegally store, copy, modify, or publish the content owned by you and hosted at your account. Biz first also will not make use of your personal / business information for any commercial / marketing or other similar purposes unless legally acclaimed by you to do the same.
Additional licensing requirements and/or use rights
Third party programs - the software may include third party programs that business first infotech, not the third party, licenses to you under this agreement. Notices, if any, for the third party program are included for your information only.
Font components - while the software is running, you may use its fonts to display and print content. You may temporarily download the fonts to a printer or other output device to print content, and you may embed fonts in content only as permitted by the embedding restrictions in the fonts.
Trial and conversion - some or all of the software may be licensed on a trial basis. Your rights to use trial software are limited to the trial period. The trial software and length of the trial period are set forth during the activation process. You may have the option to convert your trial rights to subscription or perpetual rights. Conversion options will be presented to you at the expiration of your trial period. After the expiration of any trial period without conversion, most features of the trial software will stop running. Trial software is licensed "as-is," and you bear the risk of using it. Business first infotech gives no express warranties, guarantees or conditions.
Subscription software - if you licensed the software on a subscription basis, your rights to use the software are limited to the subscription period. You may have the option to extend your subscription or convert to a perpetual license. If you extend your subscription, you may continue using the software until the end of your extended subscription period. See the software activation screens or other accompanying materials for subscription details. After the expiration of your subscription, most features of the software will stop running.
Retail license terms
By accepting this agreement or using the software, you agree to all of these terms and consent to the transmission of certain information during activation and for internet-based features of the software. If you do not accept and comply with these terms, you may not use the software or features. Instead, you should return it to the retailer or other place where you purchased the software license, for a refund or credit.
• How can i use the software?
We do not sell our software or your copy of it - we only license it. Under our license we grant you the right to install and run that one copy on one computer (the licensed computer) for use by one person at a time, but only if you comply with all the terms of this agreement. Our software license is permanently assigned to the licensed computer. Please refer to the additional terms for licenses and conditions that are specific to certain countries, limited rights versions and special editions of the software. The components of the software are licensed as a single unit. You may not separate or virtualize the components and install them on different computers. The software may include more than one version, such as 32-bit and 64-bit, and you may install and use only one version at a time. Except for the permitted use described under "remote access" below, this license is for direct use of the software only through the input mechanisms of the licensed computer, such as a keyboard, mouse, or touchscreen. It does not give permission for installation of the software on a server or for use by or through other computers or devices connected to the server over an internal or external network. The software also is not licensed for commercial hosting. For more information on multiple user scenarios and virtualization, see the additional terms.
You will be able to use a web server based or client server based installation only if you have purchased appropriate license. This agreement does not provide you with a web server or client server based installation.
This is license is only a limited rights version with a limited validity period of 3 years. You are licensed only for the evaluation of the software. A production based usage is not an intention of this license.
• Can i transfer the software to another computer or user?
You may not transfer the software to another computer or user.
• How does internet activation work?
Activation associates the use of the software with a specific computer or device. During activation, the software will automatically contact business first infotech or its affiliate to confirm the license is associated with the licensed computer. This process is called "activation." because activation is meant to identify unauthorized changes to the licensing or activation functions of the software, and to otherwise prevent unlicensed use of the software, you have no right to use the software after the time permitted for activation and you may not bypass or circumvent activation. If you have not entered a product key during the time permitted for activation, most features of the software will stop running.
• Does the software collect my personal information?
If you connect your computer to the internet, some features of the software may connect to business first infotech or service provider computer systems to send or receive information. You may not always receive a separate notice when they connect. If you choose to use any of these features, you agree to send or receive this information when using that feature. Many of these features can be switched off or you can choose not to use them.
• How do we use your information?
Business first infotech uses the information it collects through the software features to upgrade or fix the software and otherwise improve our products and services.
• What does this agreement apply to?
This agreement applies to the software, the media on which you received the software, and also any business first infotech updates, supplements, and services for the software, unless other terms come with them.
• Are there things i'm not allowed to do with the software?
Yes. Because the software is licensed, not sold, business first infotech reserves all rights (such as rights under intellectual property laws) not expressly granted in this agreement. In particular, this license does not give you any right to, and you may not: use or virtualize features of the software separately, publish, copy (other than the permitted backup copy), rent, lease, or lend the software; transfer the software (except as permitted by this agreement), attempt to circumvent technical protection measures in the software, reverse engineer, decompile, or disassemble the software, except if the laws where you live permit this even when our agreement does not. In that case, you may do only what your law allows. When using internet-based features, you may not use those features in any way that could interfere with anyone else's use of them, or to try to gain access to any service, data, account or network, in an unauthorized manner.
You do not have the right to directly access the databases used by the system. You may not attempt to direct access the databases provided through the system.
• What about upgrading or converting the software?
If you install the software covered by this agreement as an upgrade or conversion to your existing software, then the upgrade or conversion replaces the original software that you are upgrading or converting from. You do not retain any rights to the original software after you have upgraded and you may not continue to use it or transfer it in any way. This agreement governs your rights to use the upgrade software and replaces the agreement for the software from which you upgraded.
Geographic and export restrictions
If there is a geographic region indicated on your software packaging, then you may activate the software only in that region. You must also comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users, and end use.
Licensor will provide to licensee the following support with respect to the software:
Business first infotech licenses, and licensee accepts, the licensed programs "as is." business first infotech provides no warranties as to the function or use of the licensed programs, whether express, implied, or statutory, including, without limitation, any implied warranties of merchantability or fitness for particular purpose. The entire risk as to the quality and performance of the licensed program is with licensee. Licensor does not warrant that the functions contained in the licensed programs will meet licensee's requirements or that the operation of the licensed programs will be uninterrupted or error free.
Liability on refund of fee
In case of any claim of refund, biz first llc. Is liable only to refund maximum of one month subscription fee back to the user. The implementation and infrastructure costs and other incurred costs at the user-end will not be covered by the company.
Limitation of liability
Business first infotech's liability to licensee under any provisions of this agreement for damages finally awarded shall be limited to the amounts actually paid hereunder by licensee to business first infotech. In no event shall business first infotech be liable for indirect, incidental, special, or consequential damages, including loss of use, loss of profits or interruption
This agreement will be binding upon and will inure to the benefit of the parties hereto and their respective representatives, successors and assigns except as otherwise provided herein
Testing for quality & errors
After installing the licensed programs at the user end, the licensee should ensure the system is working without errors by engaging a quality assurance team. The quality assurance team should be engaged, funded and managed by the licensee. Comprehensive testing and thorough validation of all features, functions and screens of the licensed programs is the full responsibility of the licensee.
Patent and copyright indemnity
Business first infotech will defend at its own expense any action brought against licensee to the extent it is based on a claim that the licensed programs used within the scope of the license granted hereunder infringe a united states patent, copyright or other proprietary right of a third party. Business first infotech will pay any costs, damages or attorney fees finally awarded against licensee in such action which are attributable to such claim, provided business first infotech is promptly notified in writing of such claim, may control the defense and/or settlement of such claim, and is provided with all requested assistance, information and authority. In the event that a licensed program becomes, or in business first infotech's opinion is likely to become, the subject of a claim of infringement of a united states patent, copyright or trade secret, business first infotech may at its option either secure licensee's right to continue using the licensed programs, replace or modify the licensed programs to make them not infringing, or provide licensee with a refund of the license fee less depreciation on a 5 (five)year, straight-line basis. Business first infotech shall have no liability for any claim of patent, copyright or trade secret infringement based on the use of a licensed program in any form other than the original, unmodified form provided to licensee or the use of a combination of the licensed programs
Bizfirst enterprise first applications - what is licensed?
The bizfirst enterprise first application comprises of the list of applications or programs as listed below
Third party software
Bizfirst application is developed using .net framework and free edition of sql server. Sql server, .net framework and dependent components are properties of microsoft corporation. Bizfirst infotech does not have any partnership or ownership on any of these third party components. By installing sql server, you are also signing on the end user agreement by microsoft corporation.
The information, software, products, and services included in or available through the biz first infotech web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Biz first infotech and/or its suppliers may make improvements and/or changes in the biz first infotech web site at any time. Advice received via the biz first infotech web site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
Biz first infotech llp. And/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the biz first infotech web site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. Biz first infotech and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Biz first infotech reserves the right, in its sole discretion, to terminate your access to the biz first infotech web site and the related services or any portion thereof at any time, without notice. General to the maximum extent permitted by law, this agreement is governed by the laws of the state of washington, u.s.a. and you hereby consent to the exclusive jurisdiction and venue of courts in king county, washington, u.s.a. in all disputes arising out of or relating to the use of the biz first infotech web site. Use of the biz first infotech web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and biz first infotech as a result of this agreement or use of the biz first infotech web site. Biz first infotech's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of biz first infotech's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the biz first infotech web site or information provided to or gathered by biz first infotech with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and biz first infotech with respect to the biz first infotech web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and biz first infotech with respect to the biz first infotech web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in english.
Copyright and trademark notices:
All contents of the biz first infotech web site are: copyright 2010 by biz first infotech llp and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
Notices and procedure for making claims of copyright infringement
Pursuant to title 17, united states code, section 512(c)(2), notifications of claimed copyright infringement under united states copyright law should be sent to service provider's designated agent. All inquiries not relevant to the following procedure will receive no response. See notice and procedure for making claims of copyright infringement.
Updating service terms
The terms of service are subjected to updation / modification by the service provider from time to time. You will be intimated with a notice about any modifications of the service terms through electronic mail or by setting an alert / notification on the website. You can initiate termination of your subscription to service with proper notice if you find any of the modified terms adversely affects your rights and priorities. Your continued use after of services after any change to the terms will be, by default, considered as an agreement to the amendments in usage terms.
Service contact: firstname.lastname@example.org