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TOS= Terms Of Service
Disclaimer
While every effort is made by puneit.com to provide highest quality of services to the CUSTOMER /
SUBSCRIBER, the CUSTOMER / SUBSCRIBER acknowledges that the linking, quality and speed of data
transmission of the CUSTOMER / SUBSCRIBER with the network is entirely dependent on various
external factors and agencies/appropriate authority over which puneit.com has no control.
Accordingly, puneit.com shall in no event be responsible to the CUSTOMER with puneit.com`s
network computer or the deficiency in data transmission between the CUSTOMER / SUBSCRIBER and
puneit.com network computers, or for any inconvenience, damage or loss that may be caused to any
one or of any kind arising therefrom.
SOFTWARE AND SERVICE PROVIDED AS-IS
Unless explicitly stated otherwise, any new features that augment or enhance the current Service
shall be subject to this License. You understand and agree that the Service is provided "AS-IS"
and that puneit.com. assumes no responsibility for the timeliness, deletion, mis-delivery, or
failure to store any user communications or personalization settings. You also understand that
puneit.com. is not responsible for the security or privacy of communications sent via the
Service, including but not limited to where the Service is being accessed via wireless devices.
These disclaimers are in addition to the "Disclaimer of Warranties" section in the TOS.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If you don't already have a puneit.com I.D. and password, you will be prompted to complete the
puneit.com. registration process. You are responsible for maintaining the confidentiality of the
password and account and are fully responsible for all activities that occur under your password
or account. You agree to (a) immediately notify puneit.com. of any unauthorized use of your
password or account or any other breach of security and (b) ensure that you exit from your
account at the end of each session. puneit.com. cannot and will not be liable for any loss or
damage arising from your failure to comply with this Section. If authorized by puneit.com., the
Service may allow you to communicate with users of other instant messaging products. In that
event, you acknowledge and agree that (i) your use of the Service is subject to this License and
the terms governing the use of other instant messaging products you have agreed to, if any, that
are consistent with this License and (ii) users of other instant messaging products are subject
to the terms governing such other instant messaging products. puneit.com. assumes no
responsibility for the conduct or content of messages sent by users of other instant messaging
products.
TERMINATION
Your license to the Software and to access the Service continues until it is terminated by either
party. You may terminate this License by discontinuing use of all or any of the Software and by
destroying all your copies of the applicable Software. You further agree that puneit.com. may, under certain circumstances and without prior notice,
immediately terminate your puneit.com. account, any associated email address, and access to the
Service or the puneit.com. network. Cause for such termination shall include, but not be limited
to (a) breaches or violations of this License, the TOS, or other incorporated agreements or
guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you
(self-initiated account deletions); (d) discontinuance or material modification to the
Service (or any part thereof); (e) unexpected technical or security issues or problems; and (f)
extended periods of inactivity. Termination of your puneit.com. account includes (a) removal of
access to all offerings within or integrated with the Service, including but not limited to
internet calls, puneit.com. Mail, Address Book, Photos, Groups, Chat, puneit.com. Music
LAUNCH cast, Personals, Weather, Finance, Message Boards, Greetings, Alerts, and Games; (b)
deletion of your password and all related information, files, and content associated with or
inside your account (or any part thereof); and (c) barring further use of the Service. Further,
you agree that all terminations for cause shall be made in puneit.com.'s sole discretion and that
puneit.com. shall not be liable to you or any third-party for any termination of your account,
any associated email address, or access to the Service.
NOTICE
puneit.com. may provide you with notices, including those regarding changes to this License, by
either email, regular mail, or postings on the Service.
Licensed Uses and Restrictions.
By accepting the terms of this Agreement, you represent to puneit.com. Inc. and its affiliates
(collectively, "puneit.com.") that you are at least 18 years old. The puneit.com. Software
applications, documentation, and local computer files installed or utilized by the installer
application (collectively, the "puneit.com. Software") are owned by puneit.com., or puneit.com.'s
licensors and content and data providers ("puneit.com. Licensors"), and are licensed to you on a
worldwide (except as limited below), non-exclusive, non-sublicenseable basis on the terms and
conditions set forth herein. This Software License defines legal use of the puneit.com. Software,
all updates, revisions, substitutions, and any copies of the puneit.com. Software made by or for
you. All rights not expressly granted to you are reserved by puneit.com. or their respective
owners.
YOU MAY install and personally use the puneit.com. Software and any updates provided by
puneit.com. (in its sole discretion) in object code form on a personal computer owned or
controlled by you and may use the puneit.com. Software for your own noncommercial use or benefit.
Your license to the puneit.com. Software under this Software License continues until it is
terminated by either party. You may terminate the Software License by discontinuing use of all or
any of the puneit.com. Software and by destroying all your copies of the applicable
puneit.com. Software. This Software License terminates automatically if you violate any term of this Software
License, puneit.com. publicly posts a written notice of termination on puneit.com.'s web site, or
puneit.com. sends a written notice of termination to you.
RESTRICTIONS ON USE
YOU MAY NOT:
(i) decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, or create
derivative works (as defined by the .. Copyright Act) or improvements (as defined by .. patent
law) from the puneit.com. Software or any portion thereof. (ii) incorporate the puneit.com. Software into any computer chip or the firmware of a computing
device manufactured by or for you. (iii) use the puneit.com. Software in any unlawful manner, for any unlawful purpose, or in any
manner inconsistent with TOS or this Software License. (iv) you may not use the puneit.com. Software to operate nuclear facilities, life support, or
other mission critical application where human life or property may be at stake. You understand
that the puneit.com. Software is not designed for such purposes and that its failure in such
cases could lead to death, personal injury, or severe property or environmental damage for which
puneit.com. is not responsible. (v) use or export the puneit.com. Software in violation of applicable .. laws or regulations.
(vi) sell, lease, loan, distribute, transfer, or sublicense the puneit.com. Software or access
thereto or derive income from the use or provision of the puneit.com. Software, whether for
direct commercial or monetary gain or otherwise, without puneit.com.'s prior, express, written permission.
Indemnification.
You agree to indemnify and hold the puneit.com entities harmless from any claim or demand,
including attorneys' fees, made by any third party in connection with or arising out of your use
of the puneit.com. Software, your violation of any terms or conditions of this Software License, your violation of applicable laws, or your violation of any rights of another person or entity.
Controlling Law.
This Software License and the relationship between you and puneit.com. is governed by the laws of
India without regard to its conflict of law provisions. You and puneit.com. agree to submit to
the personal and exclusive jurisdiction of the courts located within Pune.
No General Waiver; Severability.
The failure of puneit.com. to exercise or enforce any right or provision of this Software License
shall not constitute a waiver of such right or provision. If any provision of this Software
License is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of this Software License remain in full force and effect.
Complete Agreement.
This Software License and the TOS constitute the entire understanding between the parties
respecting use of the puneit.com. Software, superseding all prior agreements between you and
puneit.com.. In the event of any conflict between the terms and conditions of this License and
those in the TOS, the terms and conditions of this License will control, except to the extent
that the TOS impose additional restrictions and liabilities on your actions. In the event of a
conflict between the terms of this Software License and the TOS, this Software License will
control to the extent of such conflict.
Ownership and Relationship of Parties.
The puneit.com. Software is protected by copyrights, trademarks, service marks, international
treaties, and/or other proprietary rights and laws of the India and other countries. You agree to
abide by all applicable proprietary rights laws and other laws, as well as any additional
copyright notices or restrictions contained in this Software License and in the
TOS. puneit.com. and puneit.com.'s Licensors own all rights, title, and interest in and to their applicable
contributions to the puneit.com. Software. This Software License grants you no right, title, or
interest in any intellectual property owned or licensed by puneit.com., including (but not
limited to) the puneit.com. Software and puneit.com. trademarks, and creates no relationship
between yourself and puneit.com.'s Licensors, or between you and puneit.com. other than that of
puneit.com. to licensee.
The puneit.com. Software and its components contain software licensed from puneit.com. Licensors
("Licensor Software"). The Licensor Software enables the puneit.com. Software to perform certain
functions including, without limitation, access proprietary data on third-party data servers. You
agree that you will use the puneit.com. Software, and any data accessed through the
puneit.com. Software, for your own personal non-commercial use only. You agree not to assign, copy, transfer,
or transmit the puneit.com. Software, or any data obtained through the puneit.com. Software, to
any third party. Your license to use the puneit.com. Software, its components, and any
third-party data, will terminate if you violate these restrictions. If your license terminates,
you agree to cease any and all use of the puneit.com. Software, its components, and any
third-party data. All rights in any third-party data, any third-party software, and any
third-party data servers, including all ownership rights are reserved and remain with the
respective third parties. You agree that these third parties may enforce their rights under this
Agreement against you directly in their own name.
Support and Software Updates.
puneit.com. may elect to provide you with customer support and/or software upgrades,
enhancements, or modifications for the puneit.com. Software (collectively, "Support"), in its
sole discretion, and may terminate such Support at any time without notice to
you. puneit.com. may change, suspend, or discontinue any aspect of the puneit.com. Software at any time, including
the availability of any puneit.com. Software feature, database, or content. puneit.com. may also
impose limits on certain features and services or restrict your access to parts or all of the puneit.com. Software or the puneit.com. web site without notice or liability.
Fees and Payments.
puneit.com. reserves the right to charge fees for future use of or access to the
puneit.com software or the puneit.com. services and web sites (collectively, "puneit.com. Software
Services") in puneit.com.'s sole discretion. If puneit.com. decides to charge for the
puneit.com. Software Services, such charges will be disclosed to you prior. Further
your agree that no refunds are payable to you once services and products
are paid for and implemented.
========Disclaimer of Warranties by puneit.com..
USE OF THE puneit.com. SOFTWARE AND ANY DATA ACCESSED THROUGH THE puneit.com. SOFTWARE (SUCH AS
STOCK QUOTES, MARKET INFORMATION, NEWS, OR OTHER INFORMATION) IS AT YOUR SOLE RISK. THEY ARE
PROVIDED "AS IS."
ANY MATERIAL OR SERVICE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
puneit.com. SOFTWARE (SUCH AS THE "ANTI-SPY" FEATURE) IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD AND/OR USE OF ANY SUCH MATERIAL OR SERVICE.
puneit.com., ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, AND ASSIGNS
(COLLECTIVELY, "puneit.com. ENTITIES") AND puneit.com.
THE puneit.com. ENTITIES AND puneit.com. LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, RELATING TO THE puneit.com. SOFTWARE AND ANY DATA ACCESSED
THEREFROM, OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE puneit.com. SOFTWARE AND ANY DATA
ACCESSED THEREFROM, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY
QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IF THE puneit.com. SOFTWARE OR ANY DATA ACCESSED THEREFROM PROVES DEFECTIVE, YOU (AND NOT THE
puneit.com. ENTITIES OR THE puneit.com. LICENSORS) ASSUME THE ENTIRE COST OF ALL REPAIR OR INJURY
OF ANY KIND, EVEN IF THE puneit.com. ENTITIES OR puneit.com. LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH A DEFECT OR DAMAGES.
Limitation of Liability.
THE puneit.com. ENTITIES AND puneit.com. LICENSORS WILL NOT BE LIABLE TO YOU FOR CLAIMS AND
LIABILITIES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE
puneit.com. SOFTWARE BY YOURSELF OR BY THIRD PARTIES, TO THE USE OR NON-USE OF ANY BROKERAGE FIRM OR DEALER,
OR TO THE SALE OR PURCHASE OF ANY SECURITY, WHETHER SUCH CLAIMS AND LIABILITIES ARE BASED ON ANY
LEGAL OR EQUITABLE THEORY. THE puneit.com. ENTITIES AND puneit.com. LICENSORS ARE NOT LIABLE TO YOU FOR ANY AND ALL DIRECT,
INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO ANY
THIRD-PARTY SOFTWARE, THEIR OPINIONS OR THE ACCURACY OF DATA PRESENTED BY
THEM OR ON THEIR BEHALF ON puneit.com, ANY DATA ACCESSED THROUGH THE puneit.com. SOFTWARE, YOUR USE OR INABILITY
TO USE OR ACCESS THE puneit.com. SOFTWARE, OR ANY DATA PROVIDED THROUGH THE puneit.com. SOFTWARE,
WHETHER SUCH DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY. DAMAGES EXCLUDED BY
THIS CLAUSE INCLUDE, WITHOUT LIMITATION, THOSE FOR LOSS OF BUSINESS PROFITS, INJURY TO PERSON OR
PROPERTY, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR PERSONAL INFORMATION.
INFORMATION PROVIDED THROUGH THE puneit.com. SOFTWARE, INCLUDING STOCK QUOTES, ANALYSIS, MARKET
INFORMATION, NEWS, AND FINANCIAL DATA, MAY BE DELAYED, INACCURATE, OR CONTAIN ERRORS OR
OMISSIONS, AND THE puneit.com. ENTITIES AND puneit.com. LICENSORS WILL HAVE NO LIABILITY WITH
RESPECT THERETO. puneit.com. MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE
puneit.com. SOFTWARE OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE puneit.com. SOFTWARE AT ANY TIME
WITHOUT PRIOR NOTICE TO YOU, INCLUDING, BUT NOT LIMITED TO, CONTENT, HOURS OF AVAILABILITY.
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