When you login for the first time on the Sophatar Web Console, you will be shown the following license page.
This is your first use of the Sophatar Web Console. Pls read through the license agreemend and click Accept below
to use this software. You will not see this agreement at subsequent logins. However a copy of this agreement will be
available for your reference on our website.
This copy of the Sophatar Web Console ("the Software Product") and accompanying documentation is licensed and not
sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to
other forms of intellectual property. Sophatar or its subsidiaries, affiliates and suppliers (collectively
"Suppliers") own intellectual property rights in the Software Product. The Licensee's ("you" or "your") license
to download, use, copy, or change the Software Product is subject to these rights and to all the terms and
provisions of this End User License Agreement ("Agreement").
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE ACCEPT OPTION AND USING THE
SOFTWARE PRODUCT. YOU MUST AGREE TO ALL THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO USE THE SOFTWARE
PRODUCT. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, YOU MUST SELECT DECLINE AND YOU MUST NOT INSTALL,
USE, OR COPY THE SOFTWARE PRODUCT.
This Agreement entitles you to use the Software Product via an internet-connected computer.
You are not allowed to download the software,
Restriction on Transfer
Without first obtaining the express written consent of Sophatar Inc., you may not assign your rights and obligations
under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense or otherwise transfer your rights to
the Software Product.
Restrictions on Use
You may not decompile, "reverse-engineer", code inspect, disassemble or otherwise attempt to derive the source code
for the Software Product. You may not use the database portion of the Software Product in connection with any software
other than the Software Product.
Restrictions on Alteration
You may not modify the Software Product or create any derivative work of the Software Product or its accompanying
documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries
in any portion of the Software Product. You may not reproduce the database portion or create any tables or reports
relating to the database portion.
Restrictions on Copying
You may not copy any part of the Software Product except to the extent that licensed use inherently demands the
creation of a temporary copy stored in computer memory or in browser cache.
Limited Software Product Warranty
For a period of 1 year from the date that you are given access to the Software Product, Sophatar Inc. warrants
that when properly used under normal conditions, the Software Product will perform substantially as advertised.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING, SOPHATAR INC MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN
FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH
THE SOFTWARE PRODUCT.
Sophatar Inc makes no warranty that the Software Product will meet your requirements or operate under your
specific conditions of use. Sophatar Inc. makes no warranty that operation of the Software Product will be
secure, error free, or free from interruption.
YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND
UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE
SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. SOPHATAR INC. WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR
LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCE SHALL SOPHATAR INC, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY
OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND
(INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING,
PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF
WARRANTY, OR THE NEGLIGENCE OF SOPHATAR INC. OR ANY OTHER PARTY, EVEN IF SOPHATAR INC. IS ADVISED BEFOREHAND OF
THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS SOPHATAR INC's ABILITY TO
DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction and
replacement of the Software Product. Selection of whether to correct or replace shall be solely at the
discretion of Sophatar Inc. Sophatar Inc. reserves the right to substitute a functionally equivalent copy of the
Software Product as a replacement. If Sophatar Inc. is unable to provide a replacement or substitute the
Software Product or corrections to the Software Product, your sole remedy shall be a discontinuation of the
Software Product and a refund of any funds that may have been paid in advance for use of the Software Product.
The refund amount shall be pro-rated on a daily basis for the remaining term of your pre-paid subscription.
Any claim must be made within the applicable warranty period. All warranties cover only defects arising under
normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems
with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage
determined by Sophatar Inc to have been caused by you. All limited warranties on the Software Product are
granted only to you and are non-transferable. You agree to indemnify and hold Sophatar Inc harmless from all
claims, judgments, liabilities, expenses or costs arising from your breach of this Agreement and/or acts of
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of California without regard to Sophatar's conflict or choice of law
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement
shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by
applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent
permitted by such applicable laws.