Support & Terms

VETBUDDY TERMS OF SERVICE AGREEMENT

You acknowledge and agree that all of the computer programs and associated documentation (collectively, the “Software” and “SAAS”) are owned exclusively by Niti Telecom Consultancy. You agree that the price paid by you for the Software grants you only the rights set forth in this AGREEMENT.

Niti Telecom Consultancy grants to you, and you accept, a limited, non-exclusive and revocable license to use the Software, in machine-readable, object code form only installed on your server OR to use the Software as a Service(SAAS) Version of VETbuddy. You agree to use the Software or Software as a Service(“SAAS”) only as authorized in this AGREEMENT. This AGREEMENT does not convey to you any ownership rights or any other interest in the Software or Software as a Service(“SAAS”).

This Software is licensed to be installed and used on only one server or as a Software as a Service(“SAAS”) provided by Niti Telecom Consultancy. A valid license must be purchased for each server computer on which the Software is installed or for each Software as a Service(“SAAS”) instance.

You may not copy or make any changes or modifications to the Software, and you may not translate, de compile, disassemble, or otherwise reverse engineer the computer program(s). You may not lend, rent, lease or sublicense the Software or any copy to others for any purpose. You agree to use all reasonable efforts to protect the Software from unauthorized use, modification, reproduction, distribution or publication. You are not permitted to make any uses or copies of the Software that are not specifically authorized by the terms of this AGREEMENT, and Niti Telecom Consultancy reserves all rights that are not expressly granted to you. Your adherence to this License AGREEMENT will allow Niti Telecom Consultancy to continue developing innovative and useful products and providing a high level of customer service and support.

The Service is web-based and allows users that register for an account on the Service (an “Account Holder”) to create and update an online web site on VETbuddy’s Internet Property (a VETbuddy Site). Once registered with the Service, each Account Holder receives his or her own VETbuddy SAAS to post “Content”. Each VETbuddy SAAS has a limited disk space and a limited amount of support. The available features and space you may use depend on the type of account you have. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Niti Telecom Consultancy tools and resources, shall be subject to the License. In order to use the Service, you must obtain access to the Internet. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You also understand and agree that the service may include certain communications from Niti Telecom Consultancy such as service announcements, administrative messages and the VETbuddy Newsletter, and that these communications are considered part of VETbuddy membership and you will not be able to opt out of receiving them. You agree not to access the Service by any means other than through the interfaces that are provided by Niti Telecom Consultancy for use in accessing the Service.

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials (“Content”) are the sole responsibility of the person from which such Content originated. You, and not Niti Telecom Consultancy, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. Niti Telecom Consultancy does not control the Content posted via the Software or Software as a Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.

Under no circumstances will Niti Telecom Consultancy be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that Niti Telecom Consultancy and its designees shall have the right to remove any Content that violates the Licenses or is otherwise objectionable in Niti Telecom Consultancy’s sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Niti Telecom Consultancy or submitted to Niti Telecom Consultancy. You acknowledge and agree that Niti Telecom Consultancy may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the License; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Niti Telecom Consultancy, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be in Niti Telecom Consultancy’s sole discretion as to what action should be taken.

1. upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable

2. harm minors in any way

3. impersonate any person or entity, including, but not limited to, a Niti Telecom Consultancy official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.

4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service

5. upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party

6. upload, post, or transmit unsolicited commercial email or “spam”. This includes unethical marketing, advertising, or any other practice that is in any way connected with “spam”, such as sending mass email to recipients who haven’t requested email from you or with a fake return address

7. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.

8. offer for sale or sell any item, good or service that (a) violates any applicable federal, state, or local law or regulation, (b) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (c)Niti Telecom Consultancy determines, in its sole discretion, is inappropriate for sale through the Service provided by Niti Telecom Consultancy

9. solicit passwords or personal identifying information for commercial or unlawful purposes from other users

10. engage in commercial activities within VETbuddy or on behalf of VETbuddy without prior approval. This includes, but is not limited to, the following activities:

B. Displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites.

If any user is reported to be in violation with the letter or spirit of these terms, Niti Telecom Consultancy retains the right to terminate such account at any time without further warning. User data will be exported and handed over.

With respect to any additional software that may be made available by Niti Telecom Consultancy in connection with the Service, if you elect to download or access such additional software or third party Content made available to through the Service, you understand that you may have to agree to additional terms and conditions before you use such software or third party Content.

You also agree that the use of any third party software or Content obtained through the Service does not transfer to you any rights, title or interest in or to the software or such Content, and that you will not use any Content made available to you through the software or the Service except as expressly authorized under that third party provider’s terms of service or license. For greater certainty, by downloading software or Content made available through the Service, you are deemed to agree to the terms of service or license AGREEMENT posted on the Service, the terms of which are incorporated by reference herein for the benefit of such third party providers. If you do not agree to the terms of service or license AGREEMENT, do not download the software or Content.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

The Software and any authorized copies that you make are the intellectual property of and are owned by Niti Telecom Consultancy . The structure, organization and code of the Software are the valuable trade secrets and confidential information of Niti Telecom Consultancy . The Software is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this AGREEMENT does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by Niti Telecom Consultancy.

This license will become effective on the date you acquire the Software or start using the Software as a Service(“SAAS”) and will remain in force until terminated. If installed locally you may terminate the license at any time by removing the Software from your computer and destroying the original Software and all copies. If VETbuddy is provided as Software as a Service(“SAAS”) you may terminate the service and this license by request to support@thevetbuddy.com. This license will automatically terminate if you breach any of the terms or conditions set out in this License AGREEMENT. You agree to remove the Software from your computer, and to destroy the original Software and all copies of the Software if installed locally.

You may transfer your license of the Software to another party by transferring the original program media and all applicable documentation, including this License AGREEMENT, to the recipient, who agrees to the terms of this AGREEMENT. All other copies of the Software must be deleted and/or destroyed. Any transfer of possession of the Software terminates your license and all associated benefits under this License AGREEMENT. You must notify Niti Telecom Consultancy in writing or by email of such transfer.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Software or Service, use of the Software as a Service(“SAAS”) Version of VETbuddy, or access to the Software as a Service(“SAAS”) Version of VETbuddy without the express written permission by Niti Telecom Consultancy.

If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous version in order to Use such Update. All Updates are provided to you on a license exchange basis. You agree that by Using an Update you voluntarily terminate your right to use any previous version of the Software. As an exception, you may continue to Use previous versions of the Software on your Computer if installed locally after you Use the Update buy only to assist you in the transition to the Update, provided that: (a) the Update and the previous versions are installed on the same computer; (b) the previous versions or copies thereof are not transferred to another party or Computer unless all copies of the Update are also transferred to such party or Computer; and (c) you acknowledge that any obligation Niti Telecom Consultancy may have to support the previous versions of the Software may be ended upon availability of the Update.

If you cancel the Software as a Service(“SAAS”) Version of VETbuddy, your cancellation will take effect immediately. After cancellation, you will no longer have access to your VETbuddy Site and all information contained therein may be deleted by Niti Telecom Consultancy. Niti Telecom Consultancy accepts no liability for such deleted information or content. You are solely responsible for archiving data and medical records prior to cancellation of service. You agree that Niti Telecom Consultancy shall not be liable to you or any third-party for any termination of your access to the Service.

You acknowledge that Niti Telecom Consultancy may establish general practices and limits concerning use of the Online Service Version(SAAS) and may modify such practices and limits from time to time without notice to you.

VETbuddy maintains its server in an enterprise class data center. The data center and Niti Telecom Consultancy may from time to time require maintenance windows which will require your VETbuddy instance to come offline. You will be advised in advance of such maintenance windows whenever possible.

Service commitment applies only to the hosted Software as a Service and not to versions installed locally at your location. VETbuddy will use commercially reasonable efforts to make The Software as a Service(SAAS) available with an Annual Uptime Percentage (defined below) of at least 99.75% during the Service Year. In the event The Software does not meet the Annual Uptime Percentage commitment, you will be eligible to receive a Service Credit as described below.

“Service Year” is the preceding 365 days from the date of an SLC claim. “Annual Uptime Percentage” is calculated by subtracting from 100% the percentage of 15 minute periods during the Service Year in which The Software was in the state of “Unavailable.” If you have been using The Software for less than 365 days, your Service Year is still the preceding 365 days but any days prior to your use of the service will be deemed to have had 100% Availability. Any downtime occurring prior to a successful Service Credit claim cannot be used for future claims. Annual Uptime Percentage measurements exclude downtime resulting directly or indirectly from any software SLC Exclusion (defined below). “Demarcation Point or Points” means the point at which Niti Telecom Consultancy technical staff manages and maintains control of the cloud based servers and caravan instance(s) serving you and EXCLUDES loss of connectivity due to any 3rd party servers, Your Servers, networks, broadband,, any and ALL points on the internet not directly under the control of Niti Telecom Consultancy, and as further described in SLC Exclusion (below). “Unavailable” and “Unavailability” means that The Software is not available at the demarcation point or points for a period of 15 minutes or greater.

The “Eligible Credit Period” is a single month, and refers to the monthly billing cycle in which the most recent Unavailable event included in the SLC claim occurred. A “Service Credit” is a dollar credit, calculated as set forth below, that we may credit back to your account.

If the Annual Uptime Percentage for VETbuddy Software drops below 99.75% for the Service Year, Your are eligible to receive a Service Credit equal to 30% of your monthly Hosted Subscription fee only (excluding one-time payments made for other services such as data imports, training and other services) for the Eligible Credit Period. To file a claim, You do not have to wait 365 days from the day you started using the service or 365 days from your last successful claim. You can file a claim any time the Annual Uptime Percentage over the trailing 365 days drops below 99.75%.

VETbuddy will apply any Service Credits only against future software payments otherwise due from you. Service Credits shall not entitle you to any refund or other payment from VETbuddy. Your sole and exclusive remedy for any unavailability or non-performance of The Software or other failure by VETbuddy to provide The Software is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLC or termination of your use of The Software.

To receive a Service Credit, You must submit a request by sending an e-mail message to support@thevetbuddy.com, include, in the body of the e-mail, the dates and times of each incident of Unavailability that you claim to have and be received by VETbuddy within thirty (30) business days of the last reported incident in the SLC claim. If the Annual Uptime Percentage of such request is confirmed by VETbuddy and is less than 99.75% for the Service Year, then VETbuddy will issue the Service Credit to you within one billing cycle following the month in which the request occurred. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.

TThe Service Commitment does not apply to any unavailability, suspension or termination of The Software caused by factors outside of VETbuddy's reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of The Software; (i) that result from any actions or inactions, omission, negligence, failure of you (or anyone acting on behalf of you) or any third party; (ii) that result from your equipment, software or other technology and/or third party equipment, software or other technology; (iii) arising from VETbuddy's suspension and termination of your right to use The Software in accordance with the VETbuddy AGREEMENT (collectively, “The Software SLC Exclusions”). If availability is impacted by factors other than those explicitly listed in this AGREEMENT, VETbuddy may issue a Service Credit considering such factors in VETbuddy's sole discretion.

Mutual Warranties. Each party warrants that (i) it has the right and power to enter into this AGREEMENT, and (ii) it will comply with any applicable laws and regulations pertaining to this AGREEMENT.

EXCEPT AS PROVIDED FOR IN “SAAS SERVICE COMMITMENT” OF THIS AGREEMENT THE SOFTWARE IS FURNISHED “AS IS”, “AS AVAILABLE”, AND WITH ALL FAULTS. VETBUDDY MAKES, AND YOU RECEIVE, NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VETBUDDY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, OR ANY WARRANTY THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU EXPRESSLY ASSUME ALL RISK RESULTING FROM SUPPORT SERVICES (WHETHER PERFORMED IN WHOLE, IN PART OR NOT AT ALL), OR FROM ANY VIRUS, DOWNLOADED MATERIAL, HARMFUL COMPONENT, OR THROUGH ANY INTERNET USE RESULTING FROM OR RELATING TO YOUR USE OF THE SOFTWARE OR ANY SITE OR SERVER THROUGH WHICH THE SOFTWARE IS AVAILABLE. YOU SHALL BE SOLELY RESPONSIBLE FOR THE ACCURACY AND TRANSMISSION OF ALL DATA ENTERED, ANY DAMAGE THAT RESULTS FROM OR IS ASSOCIATED WITH USE OF THE SOFTWARE.

THE LIMITATION OF LIABILITY IS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL VETBUDDY BE LIABLE FOR ANY DAMAGES, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE AND INCLUDING, WITHOUT LIMIT, ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF BUSINESS INFORMATION OR OTHER DATA, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE FAILURE TO PROVIDE FULL OR ADEQUATE SUPPORT SERVICES, EVEN IF VETBUDDY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT THE HOSTED SUBSCRIPTION FEE OR LICENSE FEE AMOUNT REFLECTS THIS ALLOCATION OF RISK. IN ANY CASE, THE ENTIRE LIABILITY OF VETBUDDY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE HOSTED SUBSCRIPTION FEE AMOUNT ACTUALLY PAID BY YOU DURING THE ONE MONTH PRECEDING THE DAMAGE INCIDENT OR ONE THOUSAND U.S. DOLLARS ($1,000).

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY ARE MATERIAL TERMS OF THIS AGREEMENT. YOU AGREE THAT THE PROVISIONS IN THIS AGREEMENT THAT LIMIT LIABILITY ARE ESSENTIAL TERMS OF THIS AGREEMENT.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to You. IN THESE STATES, VETBUDDY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

You agree to install this software ONLY on a computer that you own or on a computer which you have been given explicit permission to install. You agree to NOT install this software on any computer you do not own or on any computer you have not been given explicit permission to install.

You acknowledge that Niti Telecom Consultancy periodically registers the Software with its license server by electronic transfer of information via the internet to the Niti Telecom Consultancy license server. This information transfer is done to register the Software and to collect system specific information for supporting you and to send you information regarding the product. Niti Telecom Consultancy acknowledges that the information collected to support you is confidential and will not be distributed to any third party.

This AGREEMENT will be governed by the laws of the United States of America and the State of Ohio. The failure of Niti Telecom Consultancy to exercise or enforce any right or provision of the License shall not constitute a waiver of such right or provision. The License constitutes the entire AGREEMENT between you and Niti Telecom Consultancy and governs your use of the Software or Software as a Service(SAAS), superseding any prior AGREEMENTs between you and Niti Telecom Consultancy (including, but not limited to, any prior versions of the License).You also may be subject to additional terms and conditions that may apply when you use third-party content or third-party software. If any provision of the License or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the License remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Software, Service or the License must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Copyright © 2005-2011 Niti Telecom Consultancy . All rights reserved.

–GPL–

Copyright © 2004 – 2013 Free Software Foundation, Inc. http://fsf.org/

Licensed under the GNU GENERAL PUBLIC LICENSE (the “License”); you may not use these files except in compliance with the License. You may obtain a copy of the License at: http://www.gnu.org/licenses/gpl.html

Licensed under the GNU LESSER GENERAL PUBLIC LICENSE  (the “License”); you may not use these files except in compliance with the License. You may obtain a copy of the License at: http://www.gnu.org/licenses/lgpl.html

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

–MPL–

Licensed under the MOZILLA PUBLIC LICENSE  (the “License”); you may not use these files except in compliance with the License. You may obtain a copy of the License at: http://www.mozilla.org/MPL/

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

Copyright © 1997-2008 by Easy Software Products. HTMLDOC and DOC are the trademark property of Easy Software Products. HTMLDOC is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation.

Licensed under the HTMLDOC License (the “License”); you may not use this file except in compliance with the License. You may obtain a copy of the License

at: http://www.htmldoc.org/documentation.php/AppendixALicenseAGREEMENT.html#LICENSE

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

Copyright © 1999-20013 ImageMagick Studio LLC.

at: http://www.imagemagick.org/script/license.php

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

Copyright © 2003 by Paulo Soares.

Licensed under the Pdf417Lib License (the “License”); you may not use this file except in compliance with the License. You may obtain a copy of the License at: http://read.pudn.com/downloads71/sourcecode/graph/258710/pdf417lib-c-0.91/pdf417lib.h__.htm

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

Copyright (c) 1996 – 2013, Daniel Stenberg, daniel@haxx.se.

Licensed under the CURL License (the “License”); you may not use this file except in compliance with the License. You may obtain a copy of the License

at: http://curl.haxx.se/docs/copyright.html

7-Zip Copyright © 1999-2008 Igor Pavlov.

7-Zip is licensed under the GNU LGPL license; you may not use this file except in compliance with the License. You may obtain a copy of the License at: http://www.gnu.org/licenses/lgpl.html

You may obtain the source code at: http://www.7-zip.org

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

Copyright (C) 1998-2013 Michal Trojnara.

Stunnel is licensed under the GNU GPL license; you may not use this file except in compliance with the License. You may obtain a copy of the License at: http://www.gnu.org/licenses/gpl.html

You may obtain other license details and the source code at: http://www.7-zip.org

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

Copyright © 2005 John Goodman john.goodman(at)unverse.net.

Licensed under the Whizzywig Editor License (the “License”); you may not use this file except in compliance with the License. You may obtain a copy of the License at: http://www.unverse.net/whizzery/licence-gpl.txt

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

CKEditor – The text editor for Internet – http://ckeditor.com Copyright (c) 2003-2013, CKSource – Frederico Knabben. All rights reserved.

Licenses under the Mozilla public License. You may obtain a copy of the Mozilla Public License at: http://www.mozilla.org/MPL/

Successful veterinary software conversions to VETbuddy:

If you have one of the below systems we will evaluate your data at no charge. Any system below based on MS-Sql database(e.g. eFriends), dbase, or MS-Access databases are readily convertible by VETbuddy engineers