Software Publisher: BeanByte Softwares Private Limited.

This End-User License Agreement (EULA) is a legal agreement between purchaser(“User”) and publisher(“BeanByte”) of this Software for the software product identified above, which includes computer software licence and may include associated media, printed materials and online documentation ("Software Product"), software product does not include providing source code of software. Before registering for the licence, activating the licence, installing or other activities for using the Software Product, you should read this agreement carefully before accepting terms. You should understand and agree to the terms of this EULA. This agreement provides you full access to this software product on our registered domain (petrobyte.in). If you do not agree to the terms of this EULA, do not register or use the Software Product.

• BeanByte and PetroByte is Registered Trademarked under DPIIT by BSPL
• Official domains for PetroByte are: ['petrobyte.in', 'petrobyte.app'] .

• Terms of this Agreement •

1. DEFINITIONS.
   1. Affiliates means an entity now or hereafter controlled by, under common control with, or controlling such party, where control is denoted by having fifty percent (50%) or more of the voting power (or equivalent) of the applicable entity but only for so long as such control exists. Subject to the terms and conditions of this Agreement, Affiliates may use the license granted hereunder. All references to BeanByte shall be deemed to be references to BeanByte and its Affiliates, and all references to Company, You, or Your shall be deemed to be references to Company and its Affiliate(s).
   2. Computer means the hardware, if the hardware is a single computer system, whether physical or virtual, or the computer system with which the hardware operates, if the hardware is a computer system component.
   3. Documentation means the official user documentation prepared and provided by BeanByte to You on the use of the Software. For the avoidance of doubt, any online community site; unofficial documentation, videos, white papers, or related media; or feedback does not constitute Documentation.
   4. Order Form means the BeanByte order page, quote, product information dashboard, or other BeanByte ordering document that specifies Your purchase of the Software, pricing, and other related information.
   5. Personal Data means information that may be used to readily identify an individual person.
   6. Software. Software will possess all features and services as provided by BeanByte on registered domain. Full accessibility of all features and services is provided with access to the internet by registered domain.
   7. Subscription Term License means a license for which You pay a fee to obtain the right to use the Software and Documentation for a period of time as indicated in the Order Form and in accordance with the terms set forth in this Agreement.
   8. User(s) mean an individual authorized by You to use the Software and Documentation. User(s) may include Your employees, consultants, and contractors, and, if applicable, Your customers.
   9. Your Data or Data means data, files, or information, including data, files, or information that include Personal Data, Business Data, accessed, used, communicated, stored, or submitted by You or Your Users related to Your or Your User’s use of the Software.
2. RESPONSIBILITIES.
   1. BeanByte: BeanByte is hosting and maintaining the Software and Documentation on the registered domain, that is operated and maintained by Beanbyte. Beanbyte is using certain services and platforms (i.e.- cloud server, sms & email server, payment gateway etc.) of third parties so their terms are also applicable for using our Software and Documentation. Beanbyte shall provide technical support to registered users. Beanbyte shall not be obligated to provide to the User any new release of any software, additional software features or service for which Beanbyte may or may not charge a separate fee; it depends on the Software and its service.
   2. User Users will cooperate in setting up the Software as reasonably requested by BeanByte. The User will be responsible for the login credentials which is not to be shared with anyone. BeanByte never asks you for your login credentials. The User will be responsible for Internal use as it related to the User's business operations. Our software is designed to weed out or signal wrong data types, but we expect you to enter genuine data. Incorrect entries lead to miscalculations. In such cases, BeanByte will not be held responsible for any misinformation. The User should not misuse the features of the Software and Documentation.

3. LICENCE:

   1. Nature of License. This Agreement is for the license of the Software and Documentation on the Subscription Term License.
   2. Licence Grant:
      1. The Software will be available to you for use upon your receipt of one or more license keys. You will get a 30 days trial period for use without any payment. Upon payment of the applicable fees for the Software Licence and subject to Your continuous compliance with this Agreement and the Documentation, BeanByte hereby grants You a limited, non-exclusive, non-downloadable, non-transferable, worldwide licence to use Software and Documentation; in each case, solely for your own internal business purposes and subject to the terms contained herein.
      2. For each Software license key that You obtained from BeanByte, You may: (i) use the Software on computer, laptop, tablet and mobile platforms, unless the Documentation clearly indicates otherwise; (ii) do not use the software on public computers and public networks.
      3. The Software is available on virtual servers that are managed by BeanByte and is available for access for its users only on its registered domain. You agree to use Your reasonable efforts to prevent and protect the contents of the Software and Documentation from unauthorized use or disclosure, with at least the same degree of care that You use to protect Your own confidential and proprietary information, but in no event less than a reasonable degree of care under the circumstances. You agree that You will register this Software only with BeanByte and that You will only install a Software license key obtained directly from BeanByte.
   3. Licence ​ Restrictions​:
      1. You may not: (i) provide, make available to, or permit other individuals to use the Software and Documentation, except under the terms listed above, either in whole or part; (ii) modify, translate, reverse engineer, decompile, disassemble, create derivative works, or otherwise attempt to derive the source code based upon the Software and Documentation except to the extent reverse engineering is permitted by applicable law; (iii) copy, reproduce, republish, upload, post, or transmit the Software and Documentation; (iv) license, sell, rent, lease, transfer, sublicense, distribute, or otherwise transfer rights to the Software and Documentation; (v) remove any proprietary notices or labels on the Software and Documentation; (vi) license the Software if You are a direct competitor of BeanByte or for the purposes of monitoring the Software’s availability, performance, or functionality or for any other benchmarking or competitive purposes; (vii) use the Software to store or transmit infringing, libelous, unlawful, or tortious material or to store or transmit material in violation of third party rights, including privacy rights; or (viii) use the Software in a manner that results in excessive use or circumvention of the technical limitations or usage limits of the Software. Any such forbidden use shall immediately terminate Your license to the Software. The Software is intended only for use with public domain or properly licensed User or third-party. All responsibility for obtaining such a license is Yours, and BeanByte shall not be responsible for Your failure to do so, we provide full technical assistance.
   4. License Obligations:
      1. You acknowledge, agree, and warrant that: (i) You will be responsible for Your and Your Users’ activity and compliance with this Agreement, and if You become aware of any violation by your organization's user, You will immediately terminate the offending user access to the Software and Documentation and notify BeanByte; (ii) You are legally able to process or download Your Data and will be solely responsible for the accuracy, security, quality, integrity, and legality of the same; (iii) You will keep your registration information, billing information, passwords and technical data accurate, complete, secure and safe; and (iv) You shall use the Software and Documentation solely in a manner that complies with all applicable laws in the jurisdictions in which You use the Software and Documentation.
   5. Export Restrictions.:
      1. The Software and Documentation served to You under this Agreement are subject to India export control laws and regulations and may also be subject to import and export laws of the jurisdiction in which it was obtained, if outside India You shall abide by all applicable export control laws, rules and regulations applicable to the Software and Documentation. You agree that You will not export, re-export, or transfer the Software or Documentation, in whole or in part, to any country, person, or entity subject to India export restrictions. You specifically agree not to export, re-export, or transfer the Software or Documentation (i) to any country to which the India has embargoed or restricted the export of goods or services, (ii) to any person or entity who You know or have reason to know will modify, translate, reverse engineer, de-compile, disassemble, create derivative works, or otherwise attempt to derive the Software and Documentation.

4. LICENCE FEES, PAYMENT AND TAXES:

   1. Licence Subscription Fees: In consideration for the licence granted by BeanByte under this agreement, User shall pay Software and Documentation Licence subscription fees in the manner of price plans. Licence Subscription fees are subjected to change upon the first day of each financial year, You agree to timely pay all fees. Licence Subscription Fees are non-refundable. BeanByte offers a 30 days trial period for new Software Users.
   2. Changes in Fees: We do not change subscription randomly and without any base. We do change in subscription fees on the 1st April of every Financial Year. The Increment in the price is directly connected to inflation rate of country. That vary between 5% to 10%.
   3. Subscription Payment: Payment obligations are non-cancelable, and fees paid are non-refundable. Unless otherwise you are not satisfied with the Software and Documentation and genuinely this is not useful for you, all payments made under this Agreement shall be in Indian Rupees.
   4. Taxes: for India, this Software and Documentation licensing service comes under 18% GST slab. So, the User must pay 18% GST on Licence Subscription Fees. BeanByte will provide you TAX Invoice for GST & IT Return purposes. User can also claim GST credit using Our Tax Invoice.

5. OWNERSHIP:

   1. User: As between User and Beanbyte, the User shall retain all right, title and interest in and to the User data and all Intellectual property Rights therein. Nothing in this agreement will confer on trigger any right of ownership or interest in the user data or the Intellectual Property rights therein.
   2. BeanByte: As between User and Beanbyte, Beanbyte shall possess all right, title and interest in and to the licenced materials, the BeanByte build System and Platform-Specific Tools, any changes, Corrections, Bug fixes, enhancements, updates and other modifications thereto, and all Intellectual Property Rights therein. And as between the parties, all such rights shall vest in and be assigned to Beanbyte. Nothing in this agreement will confer on User any right of ownership of an interest in the Licenced Materials, Beanbyte, or the Intellectual Property rights therein.

6. RIGHTS RESERVED:

   1. The Software is Licensed, Not Sold. Use herein of the word “purchase” in conjunction with licenses, license keys, or the Software shall not imply a transfer of ownership. Unless as conveyed herein, this Agreement does not grant You any rights, title, or interest in or to Software, Documentation, trademarks, service marks, or trade secrets, or corresponding intellectual property (including without limitation any images, photographs, animations, video, audio, music, and text incorporated into the Software, the accompanying printed materials, and any copies of the Software) of BeanByte or its suppliers, and all rights, title, and interest in and to the Software, Documentation, and corresponding intellectual property shall remain the property of BeanByte, its suppliers, or are publicly available. All rights not expressly granted under this Agreement are reserved by BeanByte, its suppliers, or third parties. All title, rights, and interest in and to content, which may be accessed through the Software, is the property of the respective owner and may be protected by applicable laws and treaties, including intellectual property laws. This Agreement gives You no rights to such content, including use of the same. BeanByte agrees that the Your Data (including without limitation, computer database, reports, blueprints, and the like) shall be and remain Your sole property. By submitting any information, data, suggestions, enhancement requests, recommendations or other feedback to BeanByte on BeanByte products and services “Feedback”, You agree that: (i) BeanByte may have similar development ideas to the Feedback; (ii) Your Feedback is not confidential and not content personal details or proprietary information of You or a third party.

7. CONFIDENTIALITY, PERSONAL DATA:

   1. Confidential Information
      1. Confidential Information means any nonpublic or proprietary information, in tangible or intangible form, disclosed under this Agreement that a party to this Agreement “Disclosing Party” designates as being confidential by legends or other markings or in a separate writing provided contemporaneous with the disclosure to the party that receives such information “Receiving Party”. Confidential Information includes the Software, Documentation and any other intellectual property or proprietary rights thereto, as well as Personal Data. Confidential Information may also include confidential or proprietary information disclosed to a disclosing party by a third party.
      2. Confidential Information shall not include any information, excluding Personal Data, however designated, that: (i) is (or subsequently becomes through no fault of the Receiving Party) publicly available; (ii) became known to Receiving Party prior to Disclosing Party’s disclosure of such information to Receiving Party pursuant to the terms of this Agreement; (iii) was lawfully received by the Receiving Party from a third party without such restrictions; or (iv) is independently developed by Receiving Party without breach of this Agreement or access to, reference to, or use of the Confidential Information.
   2. Protection of Data.You agree that BeanByte will process configuration, performance, usage, and consumption data, which may include hardware identification, operating system, application software, peripheral hardware, internet protocol address, about You and Your Users’ use of the Software in accordance with its Privacy Notice. Each party shall comply with its respective obligations under applicable data protection legislation and will maintain appropriate administrative, physical, technical and organizational measures that provide an appropriate level of security for Confidential Information and Personal Data. When we process Personal Data on Your behalf to provide the Software, You expressly agree that You are the data controller (and BeanByte, the data processor) and shall determine the purpose and manner in which such Personal Data is, or will be processed. To the extent that BeanByte processes Personal Data as a controller, it will comply with the relevant obligations under applicable data protection legislation.
   3. Protection of Confidential Information. Receiving Party may use Confidential Information of Disclosing Party to exercise its rights and perform its obligations under this Agreement; in connection with the parties’ ongoing business relationship; or as otherwise set forth herein. Receiving Party will not use any Confidential Information of Disclosing Party for any purpose not permitted by this Agreement and will disclose the Confidential Information of Disclosing Party only to the employees or contractors of Recipient who have a need to know such Confidential Information for purposes of this Agreement and who are under a duty of confidentiality respecting the protection of Confidential Information substantially similar to those of this Agreement. Receiving Party will utilize commercially reasonable efforts to protect Confidential Information from unauthorized or unlawful processing by maintaining appropriate technical and organizational measures that help to provide an appropriate level of security for Confidential Information. The parties will each be responsible for any breach of this Agreement by their consultants or agents. Confidential Information shall remain at all times the property of the Disclosing Party. No rights to use, license or otherwise exploit the Confidential Information are granted to the Receiving Party or its agents, by implication or otherwise.

8. INTELLECTUAL PROPERTY INDEMNIFICATION:

   1. BeanByte will indemnify and hold You harmless from any third party claim brought against You that the Software, as provided by BeanByte to You under this Agreement and used within the scope of this Agreement, infringes or misappropriate any In patent, copyright, trademark, trade secret, or other intellectual property rights of a third party, provided (i) use of the Software by You is in conformity with the Agreement and Documentation; (ii) the infringement is not caused by modification or alteration of the Software or Documentation; and/or (iii) the infringement was not caused by a combination or use of the Software with products not supplied by BeanByte. BeanByte’s indemnification obligations are contingent upon You: (i) promptly notifying BeanByte in writing of the claim; (ii) granting BeanByte sole control of the selection of counsel, defense, and settlement of the claim; and (iii) providing BeanByte with reasonable assistance, information and authority required for the defense and settlement of the claim. This Section states BeanByte’s entire liability (and shall be Company’s sole and exclusive remedy) with respect to indemnification to Company.

9. LIMITED SOFTWARE WARRANTY:

   1. BeanByte warrants to You that, for a period of subscription, following the initial purchase, the Software will perform substantially in conformance with the Documentation. BeanByte does not warrant that the Software will meet all of Your requirements or that the use of the Software will be uninterrupted or error-free. The foregoing warranty applies only to failures in the operation of the Software that are reproducible in standalone form and does not apply to: (i) Software that is modified or altered by You (client side) or any third party that is not authorized by BeanByte; (ii) Software that is otherwise operated in violation of this Agreement or other than in accordance with the Documentation; (iii) failures that are caused by other software or hardware products; (iv) Caused by factors outside of BeanByte's reasonable control. To the maximum extent permitted under applicable law, as BeanByte’s and its suppliers’ entire liability, and as Your exclusive remedy for any breach of the foregoing warranty, BeanByte will, at its sole option and expense, promptly repair or debug feature that failed to meet this limited warranty or, if BeanByte is unable to repair or replace the Software, refund to You the applicable license fees paid for the corresponding subscription period. The warranty is void if failure of the Software has resulted from accident, abuse, or misapplication.
   2. EXCEPT AS EXPRESSLY STATED IN THIS SECTION, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BEANBYTE IS PROVIDING AND LICENSING THE SOFTWARE TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND AND BEANBYTE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

10. LIMITATION OF LIABILITY:

    1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BEANBYTE, ITS DIRECTORS, OFFICERS, AGENTS, SUPPLIERS AND LICENSORS BE LIABLE TO YOU (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) FOR MORE THAN THE AMOUNT OF LICENSE FEES THAT YOU HAVE PAID TO BEANBYTE IN THE PRECEDING (12) TWELVE MONTHS FOR THE APPLICABLE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BEANBYTE, ITS DIRECTORS, OFFICERS, AGENTS, SUPPLIERS AND LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST BUSINESS OPPORTUNITIES, LOSS OF USE OF THE SERVICE OFFERING, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF YOUR DATA, LOST SAVINGS, OR OTHER ECONOMIC DAMAGE, ARISING OUT OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, EVEN IF BEANBYTE OR A DEALER AUTHORIZED BY BEANBYTE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    2. THESE LIMITATIONS WILL SURVIVE AND APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR ANY LIMITED REMEDY HEREUNDER

11. TERM AND TERMINATION:

    1. Term for Subscription Term License : The initial term of the license for Software and Documentation licensed on a Subscription Term License will begin on the date of purchase of the license of the Software and, unless terminated sooner as provided herein, continue for the period specified in the applicable Order Form “Initial Subscription Term”. You authorize BeanByte to automatically renew Your subscription for the Software at the rates provided by BeanByte upon the expiration of the Initial Subscription Term, on repurchase. The Renewal Term will be the same length as the Initial Subscription Term unless otherwise specified by BeanByte at the time of renewal.
    2. You may terminate the Agreement by providing BeanByte with a thirty (30) day prior notice by registered email of Your intention to terminate this Agreement prior to the end of the Term.
    3. Termination by BeanByte: Unless as otherwise set forth herein, BeanByte may terminate the Agreement immediately (a) if You become subject to bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assign for the benefit of creditors, and/or (b) infringe or misappropriate BeanByte intellectual property, or breach the license restrictions and obligations, or fail to make any payment due hereunder. Without prejudice to any other rights, upon termination or expiration of this Agreement or Order Form.
    4. Features Customisation: In Software, We have made changes in some standard financial sheets and statements (i.e. profit and loss sheet, balance sheet and trial balance etc) for better understanding and analysis to our user(s), This Software(PetroByte) developed for the purpose to provide cloud based financial and managerial platform to petroleum dealers, so they can do better business management. We do not recommend you to use these modified statements for auditing or ITR filling.
    5. Features Control: In the Software, We have added conditional restrictions on some features for preventing data management related scam by sub-user and security purposes. Some software actions preform by user can not be undo, we also take user's consent for these type of actions. these actions are (deleting shift, voucher, channels or modification of financial accounts)
    6. Terms of Use: We have details Terms of Use (petrobyte.in/pages/terms.html) page for User to get detail understanding about Terms of Using PetroByte.

12. THIRD-PARTY PROGRAMS:

    1. To the extent the Software is bundled with third-party software programs; these third-party software programs are governed by their own license terms, which may include open source or free software licenses, and these terms will prevail over this Agreement as to Your use of the third-party programs. Nothing in this Agreement limits an end user’s rights under, or grants the end user rights that supersede, the terms of any such third-party software programs.

13. GENERAL:

    1. Notices All notices must be in writing and shall be mailed by registered or certified mail to the BeanByte HQ, 2nd floor, Aashirwad plaza, Chandpole, Sikar-332001, Rajasthan, India or sent via email to legal@beanbyte.com (with evidence of effective transmission).
    2. Counterparts and Email Signature. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument. The Parties may exchange signature pages by email and such signatures shall be effective to bind the Parties.
    3. Entire Agreement. This Agreement, along with the Software Support and Maintenance Terms and Conditions,
    4. Modifications. This Agreement shall not be amended or modified except in a writing signed by authorized representatives of BeanByte, that identifies itself as an amendment to this Agreement.
    5. Severability. If any provision of this Agreement is held to be unenforceable, illegal, or void, that shall not affect the enforceability of the remaining provisions. The parties further agree that the unenforceable provision(s) shall be deemed replaced by a provision(s) that is binding and enforceable and that differs as little as possible from the unenforceable provision(s), with considerations of the object and purpose of this Agreement.
    6. Waiver. The delay or failure of either party to exercise any right provided in this Agreement shall not be deemed a waiver of that right.
    7. Force Majuro. BeanByte will not be liable for any delay or failure to perform obligations under this Agreement due to any cause beyond its reasonable control, including acts of God; labor disputes; industrial disturbances; systematic electrical, telecommunications or other utility failures; earthquakes, storms, or other elements of nature; blockages; embargoes; riots; acts or orders of government; acts of terrorism; and war.
    8. Construction. Paragraph headings are for convenience and shall have no effect on interpretation.
    9. Third Party Rights. Other than as expressly provided herein, this Agreement does not create any rights for any person who is not a party to it, and no person not a party to this Agreement may enforce any of its terms or rely on an exclusion or limitation contained in it.
    10. Commercial Use. BeanByte’s Software and Documentation was developed exclusively at private expense and is a commercial item, and any supplement is provided with no greater than RESTRICTED RIGHTS. Such Software and related items consist of “commercial computer software,” “commercial computer software documentation,” and “commercial technical data”.
    11. Relationship of the Parties. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.
    12. Records. You will maintain and make available to BeanByte on request all information and records necessary to demonstrate compliance with this Agreement. Upon written request, You shall provide BeanByte with an affidavit declaring Your usage of the licensed Software and Your compliance herewith. If BeanByte determines that the licensed Software is in excess of the purchased Software, BeanByte will cancel your subscription. You hereby further authorize BeanByte to electronically access and audit Your use of the Software and compliance with this Agreement through Your computer systems and network via electronic means.

Last Modified on 14 Aug 2020.