END USER AND PARTNER LICENSE TERMS AND AGREEMENT

1. License Grant

• Installation and Use: End Users and Partners are permitted to install and use the Software Products solely on systems running a valid, licensed copy of Microsoft Dynamics 365 Finance and Operations or other platforms specified by PHINEAS SOLUTIONS.
• Backup Copies: Authorized users may make one copy of the Software Products for backup purposes only.
• Partner Licensing: Partners may use the Software Products to demonstrate, distribute, or provide services to third parties, provided such usage complies with PHINEAS SOLUTIONS’s partnership agreement.

2. Rights and Restrictions

• Copyright and Ownership: All intellectual property rights in the Software Products remain the sole property of PHINEAS SOLUTIONS.
• Restrictions:
  • Reverse engineering, decompiling, disassembling, or modifying the Software Products unless expressly permitted by law.
  • Distributing or sharing Software Products with unauthorized third parties.
  • Renting, leasing, sublicensing, or transferring the Software Products to another entity.
• Maintenance and Updates: Licensor will provide updates and maintenance for the Software Products as per the terms of the support agreement. Updates must be installed promptly to ensure compliance.
• Compliance with Microsoft Licensing: The Software Products require a valid license for Microsoft Dynamics 365 Finance and Operations, Azure SQL, or other Microsoft services. Partners and End Users are responsible for ensuring compliance with Microsoft licensing terms.

3. Support Services

Support for Software Products is provided under separate agreements and may include:

• Assistance with installation, configuration, and integration with Dynamics 365 FO and Power Platform.
• Bug fixes and updates during the support term.
• Training and user guidance for End Users and Partners.

4. Term and Termination

• Term: This Agreement remains in effect unless terminated. Monthly or Yearly services are implied accordingly.
• Monthly and Yearly Services:

  Monthly and Yearly services are offered based on business hours. A business day is defined as 6 hours of operation, specifically from 11:00 AM to 5:00 PM.
  Monthly Services: Calculations are based on the business hours within the designated business months, excluding December.
  Yearly Services: Calculations incorporate business hours across the calendar year, excluding the month of December, weekends, and national holidays.

• Termination: Licensor may terminate this Agreement immediately upon breach of its terms. Upon termination, all copies of the Software Products must be destroyed or returned to the Licensor.

5. Data Privacy and Security

• Data Collection: Licensor may collect limited usage data to improve services. Collected data will be handled in compliance with the Microsoft Online Privacy Statement and applicable local laws.
• Compliance Responsibility: End Users and Partners are responsible for ensuring compliance with data protection laws such as GDPR, CCPA, or other local regulations.

6. Warranties and Disclaimer

• Limited Warranty: The Software Products are provided "AS IS" without warranties of any kind, whether express or implied.
• Disclaimer: Licensor does not guarantee the uninterrupted or error-free operation of the Software Products. Licensor is not responsible for issues arising from third-party services such as Microsoft Dynamics 365, Azure, or Power Platform.

7. Limitation of Liability

In no event shall PHINEAS SOLUTIONS be liable for any:

• Indirect, incidental, or consequential damages, including but not limited to lost profits, loss of data, or business interruption.
• Damages arising from the inability to use the Software Products due to third-party failures or incompatibilities.

8. Partner-Specific Terms

• Branding and Representation: Partners must accurately represent the Software Products as PHINEAS SOLUTIONS offerings. Partners are prohibited from rebranding or falsely claiming ownership of the Software Products.
• Distribution Rights: Partners may distribute the Software Products only to clients who hold valid licenses for Microsoft Dynamics 365 and/or other relevant platforms.
• Partner Responsibilities: Partners are required to ensure proper training, licensing compliance, and implementation support for their clients.

9. Applicable Law and Dispute Resolution

This Agreement shall be governed by the laws of India, and any disputes shall be subject to the exclusive jurisdiction of the courts in Tirunelveli, Tamil Nadu, India – 627001.

10. Contact Information

• Email: appdev@phineassolutions.com
• Phone: (+91) 936 385 1470
• Address: 138 North Main Road, Tirunelveli