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Terms & Conditions

THESE TERMS & CONDITIONS ("AGREEMENT" OR "TERMS") GOVERN YOUR ACQUISITION AND USE OF SERVICES AND SOFTWARE OF Holbi Group Ltd doing business as 4t Niagara Software (in the following also referred to as "Company").

YOUR ACCESS AND USE OF THE SERVICES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS.

The Company reserves the right to amend these Terms at any time, effective upon the posting of such modified Terms on the Website. The Company will make every effort to communicate these changes to You via the Website. It is likely that the Terms will change over time. It is Your obligation to ensure that You have read and understood the most recent Terms available on the Website. These Terms were last updated in September 2021. They replace any prior agreement(s) between You and the Company. When we change these Terms, the "last updated" date above will be updated to reflect the date of the most recent version.

1. Definitions

"AGREEMENT" or "TERMS"

means these Terms and Conditions and includes license agreement that You accepting during installation of company software.

"Company"

shall means Holbi Group Ltd doing business as 4t Niagara Software

"Website"

means the Internet site at the domains 4t-niagara.com, 4tniagara.com.

"Ecommerce" or "Online payment processing" service

means third party service (2checkout.com) that receives a payment from you and delivery the copy of the licensed Software.

Freelist service

means freelist.org service that holds the mailing list of the Company and sends emails about new releases and other Company news.

"Confidential Information"

means any information which the disclosing party identifies as confidential or which ought reasonably to be considered confidential because of its nature and the manner of its disclosure, including information about the disclosing party's business plans, technical data, and the terms of Your Order but excluding information which is, or becomes, publicly available or that is already known by, or rightfully received by, the other party other than as a result of a breach of an obligation of confidentiality.

Payments, delivery and prices

(1) The Company does not sell and delivery the Software directly. You purchase the Software at our Ecommerce partner. After purchasing it allows you receive the licensed copy of the Software.

(2) Tax/VAT may be added to price for certain countries. Exact details are provided before the order is completed.

Confidentiality and Privacy

(1) Confidentiality

Unless the relevant party has the prior written consent of the other or unless required to do so by law:

a. Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as expressly contemplated by these Terms.

b. Each party's obligations under this clause will survive termination of these Terms.

(2) Privacy

The Company maintains a privacy policy that sets out what information the Company collects about individuals and why, what the Company does with that information, and how the Company handles that information. You should read that policy at our Website

Liability and Warranty

(1) The software and services are provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the software is with you. Should the software prove defective, you assume the cost of all necessary servicing, repair or correction.

(2) The company is not responsible for any damages whatsoever, including loss of information, interruption of business, personal injury and/or any damage or consequential damage without limitation, incurred before, during or after the use of our software and services.

Rights of use

All rights to the Software and Services are held exclusively by the Company. The Software is protected by copyright law and international agreements for the protection of intellectual property.

Termination And Suspension

Refund Policy

Each Software of the company has trial or free version, that allows You to evaluate the comercial version of the Software. The Company does not provide refunds if You decide to stop using the commercial version of Software and accessing the Website at any time.

Miscellaneous

Third Party Software, Open Source Software

The Freeware could contain components of third party software and/or open source software, in regard to which separate terms of use have to be observed. If this should be required towards legitimate use of the Freeware, the respectively prevailing terms of use pertaining to such third party software or open source software shall be attached to these terms and conditions. You pledge to only install the Freeware, once you have accepted the terms of use pertaining to third party software or open source software, which shall take precedence over these Terms of Use. In the event that You should decline, You shall refrain from installation and use of the Freeware.

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