Terms & Conditions
1. Program License
Description of Buildesk software and services
The Buildesk Software includes the cloud based Buildesk Pre Sales Management, Buildesk Post Sales Management, Buildesk Payment Management, Buildesk Booking Management, Buildesk Construction Management and Buildesk Property Management, Direct or third party Interfaces, All the API’s, Add-Ons, and all other related services provided by Buildesk to YOU, including all software, data, text, images, sounds, videos, and other content provided by Buildesk. Any new features or software added to or augmenting the Buildesk Software and related services are also subject to these Terms.
Terms of use for the Buildesk cloud-based software product
Apart from the terms mentioned herein, the following terms and conditions shall also be applicable.
In consideration of the payments of License Fee made / to be made by the Customer/Licensee (hereinafter called “you” or “your” as the case may be) as stated above, Cravingcode Technologies Pvt Ltd, (hereinafter called “Buildesk”) hereby grants you a perpetual, non-exclusive, non-transferable, non-assignable LICENSE (without the permission to SUB-LICENSE) to use Buildesk cloud based real estate management software software comprising of the modules described above and related documentation which together constitute “the Software”, under the terms and conditions contained herein, solely for your internal and lawful business purposes. You shall not use the Software for any commercial warehousing, training purposes etc. During normal business hours, Buildesk shall be entitled to audit and inspect your compliance with this agreement.
2. Ownership
All proprietary and intellectual property rights in and to the Software, user manual and all components thereof and any copy of the same shall remain the sole and exclusive property of Buildesk. Buildesk retains all rights not expressly granted herein.
3. The Software shall
- be used by You without any modifications, alterations, merger, adaptations, disassembling, decompiling or reverse engineering.
- be deemed to be in use by You when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (e.g. : hard disk, CD-ROM or other storage device) of your computer.
- not be used by You in any nuclear, aviation, mass transit or medical applications or in any inherently dangerous applications and Buildesk shall not be liable for any claims / damages in this regard.
- be installed and used by You only on a specified number of computer servers (as agreed) at any point of time.
- be used by You only in accordance with the user manual or instructions provided by Buildesk.
- be used by You as per the User environment specified
- be used by You in accordance with applicable laws.
- be used by You without removing or destroying any copyright notices, proprietary markings or confidential legends placed or contained in it.
- be used by You to process your own data during the course of your normal business activity and shall not be distributed to any other person / entity.
- shall be used by You at the locations as agreed and software to any other location without the prior written consent of Buildesk.
4. Indemnity
Buildesk shall have no liability for and You shall indemnify and hold Buildesk harmless from any claims arising out of;
(a) any unauthorised modification or alteration by You of the Software supplied by Buildesk (b) the use of other than the latest version of the Software, if such infringement could have been avoided by the use of the latest version, (c) the use or combination of the Software with software, hardware or other materials not recommended by Buildesk, provided such infringement would not have arisen but for such use or combination, or (d) use of the Software in a manner other than that for which it was designed or contemplated as evidenced by Buildesk’s Documentation, or (e) any unauthorized modification by You or a third party of the Software, or (f) any compliance with designs, plans or specifications furnished by You or on Your behalf modification of the Software, by third party not authorized by Buildesk; (g) any unauthorised use of the Software, System or Services or other Deliverable Items modified or merged with other programs.
This clause states the entire liability of Buildesk, and Your sole and exclusive remedy, with respect to infringement of any intellectual property rights, and Buildesk shall have no additional liability with respect to any alleged or proved infringement.
This indemnity provision shall be applicable only if You continue to avail support services from Buildesk.
4. Termination
Buildesk shall have no liability for and You shall indemnify and hold Buildesk harmless from any claims arising out of;
(a) any unauthorised modification or alteration by You of the Software supplied by Buildesk (b) the use of other than the latest version of the Software, if such infringement could have been avoided by the use of the latest version, (c) the use or combination of the Software with software, hardware or other materials not recommended by Buildesk, provided such infringement would not have arisen but for such use or combination, or (d) use of the Software in a manner other than that for which it was designed or contemplated as evidenced by Buildesk’s Documentation, or (e) any unauthorized modification by You or a third party of the Software, or (f) any compliance with designs, plans or specifications furnished by You or on Your behalf modification of the Software, by third party not authorized by Buildesk; (g) any unauthorised use of the Software, System or Services or other Deliverable Items modified or merged with other programs.
This clause states the entire liability of Buildesk, and Your sole and exclusive remedy, with respect to infringement of any intellectual property rights, and Buildesk shall have no additional liability with respect to any alleged or proved infringement.
This indemnity provision shall be applicable only if You continue to avail support services from Buildesk.
