This Software contract is between client and Learn-site that owns the Software. This Software contract states the terms and conditions that govern the contractual agreement between “Learn-site” and “Buyer-Client-user”
Whereas, the Client has conceptualized (the “Software”) and the Learn-site is a contractor with whom the Client has come to an agreement to develop the Software or purchase lifetime or license software. Purchasing software or products is a confirmation of the all articles and conditions.
Now therefore, in consideration of the mutual agreement and promises made by the parties (developer & client) to this Purchasing or Software Development, the Learn-site and the Client (individually, each a “Party” and collectively, the “Parties”) covenant and agree as follows:
1.1 Store product articles:
- 1.1. First of all, any misusing of the software or products is not related to the Learn-site and the developer.
1.1.2. Please pay attention and purchase the products you need Carefully because the purchased product will not be replaced or returned.
1.1.3. The buyer has no right to assign or sell a license or product without any coordination or obtaining a sales license, and in the case of occurrence, we have right to deal with legally, and in this case, the Learn-site allowed to do block the Software and the associated license keys.
1.1.5 updating all software is free of charge.
1.2 proprietary project articles (software development)
proprietary projects include software and in general, an application that is not prepared to be sold in the Learn-site in advance and the buyer can purchase it from the Learn-site by ordering to design it particularly.
1.2.1. Also in these kinds of products, it is worth mentioning that any misusing of software and applications is not related to Learn-site and programmer.
1.2.2. It is only possible to fix bugs when the problem is related to the program and if the code is changed by the server or site, it is not related to the Learn-site.
1.2.3. The buyer of the proprietary software has no right to sell or publish the project without obtaining permission from the Learn-site, and in the case of occurrence, will be prosecuted and the Learn-site has permission to take any action. This only applies to software that does not own the buyer’s source site. There is no limitation to those applications which buyer owns overall concession (for example, Dedicated Android application of the site). The source code won’t be delivered by the default. The source code will have other fees.
1.2.4. The Learn-site as Developer shall complete the development of the Software according to the milestones. In accordance with such milestones, the final product shall be delivered to the Client by (the “Delivery Date”).
1.2.5. Except as expressly provided in this Software Development Agreement, the Developer shall not be obligated under this Agreement to provide any other support or assistance to the Client
1.2.6. The Software shall function in accordance with the Specifications on the Delivery Date.
1.2.7. If the Software as delivered do not conform with the Specifications, the Client shall within 7 days of the Delivery Date notify the Developer in writing of the ways in which it does not conform with the Specifications. The Developer agrees that upon receiving such notice, it shall make reasonable efforts to correct any non-conformity.
1.2.8. The Client shall provide to the Developer written notice of its finding that the Software conforms to the Specifications within 7 days of the Delivery Date (the “Acceptance Date”) unless it finds that the Software does not conform to the Specifications as described
Subject to the terms and conditions of this Agreement, Company grants you a non-transferable license to install and use the Software during the applicable License Term for your own business purposes, in accordance with this Agreement, your applicable Scope of Use, the Documentation and all Laws.
In both kinds of products, The Parties acknowledge and agree that the Developer/Learn-site will hold all intellectual property rights in the Software including, but not limited to, copyright and trademark rights. The Client agrees not to claim any such ownership in the Software’s intellectual property at any time prior to or after the completion and delivery of the Software to the Client. Transferring the copyright is possible only with paying extra fee. The Client and Learn-site should agree with the fee for transferring the copyright. The Client should get a written contract regards to transferring the copyright. Learn-site has rights to not selling the copyright if the negotiation is not happened or the suggested fee for copyright transfering is not accepted.
- Support policy
2.1. Support does not include customization, support is only for troubleshooting, installing the program on the system, and providing the necessary software guidance. Adding the feature, changing the codes, any kind of changes are not included in the support.
2.2. Support period is the time written or agreed upon in the product description.
2.3. After ending time of the support, there is no responsibility to support the client and the related client must renew the support, although in the case of having a problem in the store’s/public applications, the client should register and after checking and get confirmation the problem will be solved as a public updating.
2.4. proprietary projects (development software) will be delivered without any problems after testing by the technical team, however, if there is a problem, the buyer should cooperate with the support team to solve the problem (including providing the Team Viewer and sometimes even reinstalling the operating system such as Windows), in case of non-cooperation, the support team has the right to cancel any support and terminate the support.
2.5. The duration of project support depends on the contract which is concluded, and after the expiration of the contract time, support team of the Learn-site has no obligation to support the software.
2.6. In the case of store products If there is a problem, the esteemed buyer should cooperate with the support team to solve the problem as soon as possible, otherwise the Learn-site has the right to cancel any support to the buyer.
2.7. As mentioned in the previous article, in case of having problems in the software, the esteemed buyer requires to implement statements of the backup team (including providing the Team Viewer, updating or downloading prerequisites and even in some cases reinstalling the operating system)
2.8. If the support team notices that the subject of the buyer’s support is unreasonable and so-called buyer puts the support team on, the support team has the right to stop providing support and cancel the buyer’s support.
2.9. For a period of 7 after delivery of the final product, the Developer shall provide the Client attention to answer any questions or assist solving any problems with regard to the operation of the Software. The Developer agrees to respond to any reasonable request for assistance made by the Client regarding the Software within 48 hours of the request.
2.10. The Developer shall provide to the Client after the Delivery Date, a cumulative [Time frame] of training with respect to the operation of the Software if requested by the Client.
2.11. The client is obliged to provide all the necessary support for the technical support team. If the client refuses to fulfill support Learn-site has the right to terminate support.
- Refund Policy
3.1. Refund the orders only possible in 7 days after purchasing also only if it has major technical problems. It is not possible to refund under any circumstances after this time period or without having problems.
3.2. All existing software and products have been tested and have not major problems, but will be refunded if the Software has a technical problem and the support guidelines do not work and it is not resolved (Only store software, in order to return the money, the buyer must prove that the program has a problem, by providing team viewer …)
3.3. For customization and dedicated software development orders, It is not possible to return the money after 48 hours of ordering, if the user refuses the project within 48 hours, only 85% of the amount will be refunded.
3.4. You are solely responsible for ensuring that your systems meet the hardware, software, and any other applicable system requirements for the Software as specified in the Documentation and also the speed of your internet. Company will have no obligations or responsibility under this Agreement for issues caused by the above mentioned issues to refund.
4.Change in specifications
All articles and conditions can be changed. The Client may request that reasonable changes be made to the Specifications and tasks associated with the implementation of the Specifications. If the Client requests such a change, the Developer will use its best efforts to implement the requested change at no additional expense to the Client and without delaying delivery of the Software. In the event that the proposed change will, in the sole discretion of the Developer, require a delay in the delivery of the Software or would result in additional expense to the Client, then the Client and the Developer shall confer and the Client may either withdraw the proposed change or require the Developer to deliver the Software with the proposed change and subject to the delay and/or additional expense. The Client agrees and acknowledges that the judgment as to if there will be any delay or additional expense shall be made solely by the Developer.
The Developer shall not disclose to any third party the business of the Client, details regarding the
Software, including, without limitation any information regarding the Software’s code, the Specifications, or the Client’s business (the “Confidential Information”), (ii) make copies of any Confidential Information or any content based on the concepts contained within the Confidential Information for distribution unless requested to do so by the Client.
- Developer warranties
The Developer represents and warrants to the Client the following:
6.1. Development and delivery of the Software under this Agreement are not in violation of any other agreement that the Developer has with another party.
6.2. The Software will not violate the intellectual property rights of any other party.
6.3. For a period of [Time frame] after the Delivery Date, the Software shall operate according to the
Specifications. If the Software malfunctions or in any way does not operate according to the
Specifications within that time, then the Developer shall take any reasonably necessary steps to fix the issue and ensure the Software operates according to the Specifications.
7.No modification unless in writing
No modification of this Agreement shall be valid unless in writing and agreed upon by both Parties.
Except as otherwise expressly permitted in this Agreement, you will not: (a) reproduce, modify any part of the Software; (b) rent, lease, distribute, sell, transfer, or provide access to the Software to a third party; (c) incorporate the Software into a product or service you provide to a third party; (f) reverse engineer, disassemble, decompile, translate the source code, algorithms, file formats to the Software, except to the extent expressly permitted by applicable law ; (g) remove or obscure any proprietary or other notices contained in the Software;
Purchasing software or products is a confirmation of the above articles and conditions.