Terms & Conditions
These Terms may be translated into other languages, but the governing language is English in the event of any contradiction in terms between the English and foreign translation.
“Gajatix” includes Gajatix Software .LTD and all licensed affiliates and partners that distribute Products on behalf of Gajatix Software.
"Site" refers to the Store.Gajatix.com website
To make reading this agreement easier and less repetitive, the following constructions are used:
“Include,” including,” and “such as” are considered to be followed with “but not limited to.” Examples are used in this agreement to illustrate, rather than limit, the scope of the terms.
“The following restrictions”, “the foregoing restrictions”, and “subject to the restrictions” are considered to be followed with “in addition to all other restrictions applicable within this agreement.”
1. General License to the Site.
a. Ownership. Gajatix retain all ownership, right, title, and interest in and to the services provided by Gajatix , including the Site and all Products.
b. Unauthorized Use. If you use the Site or Products in an unauthorized way, Gajatix may terminate your account and pursue other penalties, damages, losses, and profits to which Gajatix is entitled under this agreement or at law or equity. The following uses of the Site are explicitly prohibited:
i. Except as expressly licensed to you, using an in-line link, frame, or forging headers around or URLs, or otherwise repackaging the Site in any way for commercial purposes;
ii. Obscuring or removing any watermark, copyright, or other proprietary notice from the Site Products;
iii. Mining, hacking, probing, spidering, crawling, or scraping the Site or Products, or similarly gathering or extracting data (whether manual or robotic), including by indexing, caching, or aggregation;
iv. Decompiling, reverse engineering, or making derivative works;
v. Interfering (or engaging in any activity that may interfere) with any user’s experience;
vi. Testing for technical vulnerabilities, or circumventing any security measures or access restrictions;
vii. Sharing any privately or semi-privately communicated information associated with the Site with anyone, unless you have the permission of the sending party. By way of example, you cannot take information sent to you in a private message or in a semi-private forum and make that information public or share it with any third party.
You covenant, represent, and warrant to Gajatix that:
1. You have full right, power, legal capacity, and authority to enter into and perform this agreement, have obtained any third-party consent needed to do so, and, prior to any Purchase, had an opportunity to seek independent legal counsel.
2. You will not use the Site except pursuant to the terms of this agreement.
1. The Site is provided on an “as is”, “as available”, and “with all faults” basis. Gajatix makes no representations, warranties, conditions, or guarantees as to the usefulness, quality, suitability, truth, fitness for a particular purpose, non-infringement, merchantability, or cosmetic attributes of the Site, and does not guarantee the accuracy or completeness of specifications associated with the Site, including measurements, weight, durability, strength, materials, general physical properties, regulatory compliance, other engineering or construction attributes.
2. You assume all risk for any damage to your computer systems and network for any damage to your computer system caused by using the Site, including any damages resulting from computer viruses.
3. To the fullest extent permitted by law, Gajatix shall not be liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the Site, even if Gajatix has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence). To the extent that any jurisdiction does not allow the exclusion or limitation of direct, incidental, or consequential damages, portions of the preceding limitation or exclusion may not apply, but should be construed to the greatest extent applicable in such jurisdictions.
4. You agree to indemnify and hold Gajatix and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, licensee, suppliers, alliance members, other partners, employees and representatives ("Gajatix Parties") harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to, or arising out of your use of the Site and any material you submit.
1. Entire Agreement. This agreement constitutes the entire agreement between you and Gajatix, unless you have additional mutually agreed written license agreements with Gajatix, Gajatix does not offer any other changes, additions, variations, or additional signed forms related to this agreement. No modification to this agreement will be binding, unless in writing and signed by an authorized Gajatix representative.
2. Termination; Material Breach. Your breach of these Terms or other applicable policies or agreements with Gajatix may result in Gajatix terminating your access to the Site, without any liability to Gajatix. You may terminate these Terms at any time by ceasing to use the Site. You agree that any material breach of these Terms will result in irreparable harm to Gajatix for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Gajatix will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Gajatix seeks such an injunction.
3. Import/Export Regulations. The Site may be subject to the U.K. export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular: (a) obtain any export, re-export, or import authorizations required by U.K.; (b) not design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide, re-route, or otherwise package the Site to prohibited countries and entities identified in the U.K. export regulations.
4. Assignment. Gajatix may not assign its rights under this agreement without providing you notice, except in the case of a bankruptcy, merger, acquisition, sale of all or substantially all of Gajatix's assets to a subsequent owner or operator, or similar event. You may not assign your rights under this agreement without the prior written consent of Gajatix, which will not be unreasonably withheld.
8. English. This agreement may be translated into other languages, but English is the official language of this agreement and in any conflict between the English language version and any other version, the English language version shall control.