This End User License Agreement (“Agreement”) is a legal contract between Win Quoter (“Company”, “we”, “our”, or “us”) and the Buyer (“you”, “your”, or “User”) regarding the use of Win Quoter software, services, and related deliverables. By signing the commercial offer or accessing our software, you agree to be bound by this Agreement.

1. Purpose

The objective of this Agreement is to clearly define the legal framework governing the relationship between Win Quoter and the Buyer concerning the provision of Win Quoter products and services. These Terms establish mutual understanding on aspects such as pricing, payment, delivery, licensing, and software subscription.

2. Definitions

• Buyer: Refers to the customer or entity to whom a commercial offer is issued and/or with whom a contract is entered.
• Start Date: The commencement date for services, which shall be the first day of the month when the Buyer’s order is fulfilled or upon first payment.
• Minimum Service Period: Twelve (12) months from the Start Date.
• Contract: Any formal agreement executed between Win Quoter and the Buyer for products or services.
• Program Options: The specific software licensed to the Buyer and delivered electronically.

3. General Conditions

These terms govern all products and services supplied by Win Quoter to the Buyer acting in a business capacity. Any additional or conflicting Buyer terms will not be recognized. Win Quoter may use the Buyer’s company logo for marketing or promotional purposes in websites, brochures, and catalogs. Software supplies do not include source code.

4. Contractual Representations

All quotations are subject to change without notice regarding pricing, delivery, or specifications. The sale contract is concluded upon written or email acknowledgment of the order by Win Quoter.

5. Pricing and Payment

• Prices exclude applicable taxes, insurance, or training unless explicitly stated
• Payment is due within fifteen (15) days from invoice date unless otherwise agreed
• Renewal payments must be made before the start of the next maintenance period.
• Advance or down payments may be requested before service delivery.

6. Delivery

Win Quoter shall deliver the latest software version electronically, typically ex-works from its head office. Login credentials will be shared via email or WhatsApp using the Buyer’s registered contact information.

7. Delivery Dates

Delivery dates are approximate unless confirmed in writing. Timelines commence after resolving all technical and commercial matters. Delays due to Buyer’s obligations may result in revised delivery schedules.

8. Defaults

In case of delivery delays solely due to Win Quoter’s fault, both parties will mutually agree on a revised delivery date.

9. Software Subscription and Renewals

• Buyers must maintain an active annual subscription for continued access and updates.
• Renewal fees are based on the prevailing license charge at renewal time.
• If renewal payment is not received, the license will be blocked upon expiration.
• Win Quoter retains project and technical data for 30 days post-expiration. After this, data will be permanently deleted.

10. License Termination

• The Buyer fails to make payments as per terms.
• The Buyer breaches conditions including unauthorized use or transfer.
• The Buyer fails to renew within the grace period.

Access may also be blocked if required under a Non-Disclosure Agreement or at the request of a system house partner.

11. License Non-Transferability

The license is non-transferable. The Buyer may not sell, assign, or transfer the software to third parties without written authorization from Win Quoter.

12. Limitation of Liability

Win Quoter is not liable for indirect, incidental, or consequential damages arising from the use or inability to use the software, including data loss, business interruption, or system errors.

13. Governing Law

This Agreement shall be governed by the laws of India, and any disputes shall be subject to the jurisdiction of the courts located in Bihar.

14. Conclusion

By signing the commercial offer or using Win Quoter software, the Buyer acknowledges that they have read, understood, and agreed to be bound by this End User License Agreement.