Licensor shall mean Samudilanka Marketing Consultants (Private) Limited, a limited liability Company incorporated in the Republic of Sri Lanka.

Licensee shall mean any person who has purchased the Compact Disk (CD) containing the Astrological program which is the subject of this Agreement.

By installing and using this program the Licensee confirms his / her acceptance of the following terms and conditions.

Program

The Program is an Astrological program to be licensed by the Licensor for the purpose of preparing a horoscope (birth chart) by inserting or selecting the time and date of birth, longitude, latitude and standard time of the place of birth. This program also enables a comparison of two (02) birth charts for purposes of marriage, business, any other relationship or matter as listed in the Main Menu and in the Forms contained in the program.
 
On payment of a fee the Licensor shall provide a Compact Disk (CD) containing the program and thereafter the Licensee is required to email to the Licensor the number which will be displayed when he / she inserts the CD to the computer. Upon receipt of the number the Licensor will email an activation key, which will enable the Licensee to run the program up to 100 runs.

Conditions

1. This program is valid up to 59 degrees 0 minute latitude in the Northern Hemisphere or Southern Hemisphere and up to 180 degrees 0 minute longitude East or West in the Northern Hemisphere or Southern Hemisphere except few places near the International Date Line or exactly on the equator.





2. It shall be the Licensee’s responsibility to determine whether the program meets with his / her particular requirements and is suitable for use on the intended equipment. The Licensee shall also be responsible for installing the program.





3. It shall be the Licensee’s responsibility to know the exact time and date of birth, artificial time adjustments at the place of birth and the Latitude and the Longitude of the place of birth and any other fact or matter that may be required for the successful operation of the program.





4. This program shall be valid from 2nd January 1920 to 30th December 2015.
    

5. Readings involving 3 planet, 4 planet, 5 planet, 6 planet, 7 planet, 8 planet combinations and Aspects are not included.





6. The Licensor will not be responsible for any delays, technical or otherwise in generating the activation key as mentioned herein.





7. Each installation of the program is specific to one computer. If any hardware item is removed or becomes defective the program may cease to function and / or not permit further installation. No refunds will be made nor a new activation key given in such an instance. No activation key will be given to a reinstalled program to cover the unutilized balance runs.





8. The Licensee may install the program up to two (2) times. Each installation allows only 100 runs and in each run a maximum of 5 attempts can be made. The second installation should be made within one year from the date of purchase of the CD containing the Astrological program which is the subject of this Agreement and the procedures stated earlier to obtain an activation key for the second installation should be followed.





9. The Licensee agrees to quit the program when advised to or the program may automatically exit to avoid confusion and the Licensee acknowledges and agrees that this is not an attempt to curtail usage by the Licensor.





10. The Licensee agrees that all taxes, government charges and fees, handling and freight charges or any other charges at the point of destination will be born by the Licencee.





11. The Licensee agrees to provide the Licensor his / her name and address and the e-mail address and the mother’s first name and the Licensee agrees that the Licensor may withhold giving the activation key if this information is not given.





12. If any provision term or condition hereof shall in whole or part be held to be invalid, illegal, and unenforceable by a Court in Sri Lanka having competent jurisdiction such provision shall be struck out and the remainder thereof shall stand in full force and effect.





13. The Licensee agrees to indemnify and hold the Licensor its employees, agents, officers and other representatives harmless from and against all liabilities, damages, claims, actions, costs and expenses including legal fees, which the Licensor may suffer or incur in connection with or as a result of this Agreement.





14. Failure of either party to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy.
     

15. An unopened program contained in a CD may be returned by the Licensee within 14 days of purchase on reasonable grounds and if such grounds are acceptable to the Licensor and in the absolute discretion of the Licensor a full refund of the price paid to the Licensor will be made by the Licensor (within 14 days) subject to any Government regulations applicable to remittance of such amount.
    
    

16. In any event the total maximum liability of the Licensor shall not exceed the license fee of the program. The Licensee shall not use publicaly nor lend, gift, sell, copy, rent, decompile, disassemble, tamper with the operation of the program, modify, distribute and create derivative works based on the software in any form including electronic distribution and any other form of public distribution without the express permission of the Licensor.

Confidentiality

The Licensor and Licensee mutually agree to keep in strict confidence all matters concerning the License / program as elaborated in the Privacy Statement which the other may have knowledge of pursuant to this Agreement and by using the program.

Disclaimer / Exclusions

1. In no event will the Licensor be liable to the Licensee for any damages, including any loss of profits, lost savings, mental agony or other incidental or consequential damages arising out of the use or inability to use the program.





2. All calculations, material, interpretations provided by this program are intended for research or scientific investigation or entertainment purposes only. Any prediction, suggestion, or other message that the program produces is not a substitute for advice that is normally given by a professional or an astrologer and does not constitute advice, recommendation or arrangement by the Licensor and it is not intended to be relied upon by the Licensee in making any personal or business related decisions. The Licensee agrees not to review or act upon any past, present or future incidents or happenings based on this program. The Licensor and the Licensee agrees that there may be coding errors or not functioning of printer however much carefully the program has been executed. The Licensee agrees to ignore such instances. The Licensee agrees that the Licensor is not bound to discuss or clarify any contents of the program. The Licensor specifically disclaims any and all liability for any decisions or course of action undertaken by any individual or user pursuant to the information provided and / or any result generated by the program.





3. The use of information and material on the program is at the sole risk of the Licensee. The Licensor shall not be liable for any damages allegedly sustained arising out of the use of the program including viruses alleged to have been transmitted from the program, e-mail or website and including any consequential, special or similar damages.





4. The Licensor is not liable for any damages if the Licensee uses and / or transfers the program for the benefit of a third party, which act shall be considered unlawful in terms of this Agreement and the terms and conditions of this Agreement shall be construed to apply to such person as well. The Licensor may refrain from providing an activation key if the Licensor reasonably understands that the program is being used by any other person other than the original Licensee.





5. The software program is provided on an 'as is' and ‘as available’ basis. The Licensor warrants that the software provides the facilities and functions set out in the software agreement when properly used in conjunction with compatible and non-defunct equipment and the Licensor will provide adequate instructions in the program to enable the proper use of the software facilities and functions.





6. The computer used by the Licensee to run the program should have sufficient capacity to operate the program. The Licensor does not guarantee that the program is compatible on all types of operating systems. The speed of the program depends on the type of operating system and the computer used.





7. The Licensor shall not be liable to the Licensee for any breach of obligation under this agreement as a result of any event or matter beyond the Licensor’s reasonable control including Government laws & regulations, failure of any telecommunication system, emails, computer system, Government or regulatory authority or act of God.
    

8. The Licensor does not warrant or guarantee that the CD on which the software program is furnished and information and material therein will be free from infection from viruses, worms, loss of material or anything else manifesting contaminating or destructive properties or that the functions and services performed by the program will be uninterrupted or error free. The Licensor’s responsibility shall be limited to the replacement of the program CD in case of malfunctioning if the Licensee returns the program CD within 07 days of purchase and make payment to the Licensor for the expenses involved in the replacement.

Settlement

1. Any disputes, controversy or claim arising from this Agreement shall be settled by arbitration according to the prevalent Arbitration Act applicable in Sri Lanka. Notwithstanding the foregoing, parties to this Agreement irrevocably agree that the courts of Sri Lanka shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms and Conditions or the legal relationship established by them and for those purposes irrevocably submit all disputes to the jurisdiction of the Sri Lanka courts.





2. The Licensor and the Licensee agree that this is a valid Software License Agreement even though it does not carry the signatures of the respective parties and the signatures of the witnesses to the signatures.