Terms & Conditions 1. LEGAL INFORMATION Copyright 2003-2008 Connoisseur Infotech Pvt. Ltd. All Rights Reserved. All pages within this Internet site ("Site") including but not limited to text, graphics, job postings, candidate profiles, programming, layout and design are the property of Connoisseur Infotech Pvt. Ltd. No portion of the materials on the pages of the Site may be reprinted or republished in any form without the express written permission of the Company. 2. BINDING AGREEMENT These Terms & Condition (as they may be amended from time to time by the Company) form a binding agreement between you and eConn . Your access or use of the Site indicates your acceptance of these Terms & Condition. You are agreeing to use the Site at your own risk. 3. ACCEPTABLE USES OF THE SITE 3.1 General Use Rules - This Site is intended for individuals seeking work (full-time employment or contract) and for recruiters or employers seeking candidates for placement. You may use this site only for lawful purposes within the stated context of eConn 's intended and acceptable use of the Site. eConn is the sole interpreter of the Site's intended and acceptable use. 3.2 License to Use - eConn hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your personal, non-commercial use or for your internal business use seeking candidates for employment. This is a revocable license, not a transfer of title, and is subject to the restrictions outlined in the Conduct Rules. You may view and download a single copy of the information contained on this Site on a single computer for your personal use directly related to using the Site for the purpose of searching for job opportunities, or searching and recruiting job prospects. eConn reserves the right to suspend or terminate your access and use at any time if eConn determines in its sole discretion that you are in breach of any of the Terms of Use. This is a revocable license, not a transfer of title, and is subject to the restrictions outlined in the Conduct Rules. 4. CONDUCT RULES While using the Site or Site-related services, you agree not to: * Use or modify any portion of the Site for any commercial, information gathering or unlawful research purpose, or for any public display, performance, sale or rental. * Modify, adapt, sublicense, translate, sell, decompile, reverse engineer, decipher, or disassemble, or any attempts thereof, any portion of the Site; * Remove any copyright, trademark registration, or other proprietary notices from any portion of the Site; * Transfer any portion of the Site to another person; * Restrict or inhibit any other user from using and enjoying the Site and services; * Post, transmit distribute or store any unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or harmful information of any kind; * Post, transmit, distribute, store, alter, or destroy material that is not entirely your own, or in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others, or violate the privacy, publicity or other personal rights of others. * Post, transmit, distribute or store any advertising, promotion or solicitation of goods or services for commercial purposes; * Post, transmit, distribute or store any information or software that contains a virus, worm, Trojan horse or other harmful or disruptive component; * Post, transmit, distribute or store any incomplete, false or inaccurate information about yourself, your organization, and/or your postings; * Use any device, software, or routine to interfere (or attempt to interfere) with the proper working of this Site or any activity being conducted on this Site; * Take any action that imposes an unreasonable or disproportionately large load on this Site's infrastructure (including without limitation "flooding," "spamming," "mail bombing," or "crashing" the Site); * Use or attempt to use any engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search this Site other than the search engine and search agents available from the Company on this Site and other than generally available third party Web browsers (e.g., Mozilla FireFox, Microsoft Explorer, etc.); * Access data not intended for you or logging into a server or account that you are not authorized to access; * Probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; * Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; * Disclose to, or share your password with a third party for any unauthorized purpose, or in any way allow any third party to access a non-public area of the Site. While using the Site or Site-related services, you agree to comply with all applicable laws, rules and regulations in connection with the Site and Site-related services. The Company has no obligation to monitor the Site or Site-related services. However, you acknowledge and agree that the Company has the right to monitor the Site and Site-related services and to disclose any information necessary to operate the Site properly, to protect itself, its sponsors, customers, and users, and to comply with legal obligations or governmental requests. The Company reserves the right to refuse to post or to remove any information or materials, in whole or in part, that are unacceptable, offensive or in violation of this Agreement. The Company also reserves the right to prohibit any user who, in the Company's sole discretion, violates the Conduct Rules or other terms of this Agreement from using the Site and related services. Such prohibition may occur without notice to the user. 5. USE OF SECURE AREA AND PASSWORD Use of any password-protected area of the Site is restricted to the individual who has been given permission and a password to enter such area (the "Authorized Party"). The password shall not be distributed to others, and the Authorized Party is responsible for any and all damages to the Company resulting from the distribution of his or her password. If more than one individual wishes to use a single password belonging to an Authorized Party, such Authorized Party must request permission from the Company in writing, it being understood that the Company shall be under no obligation to approve any such request. 6. MAKING PURCHASES By subscribing to any of the services or purchasing of any of the products described on the Site, you represent that you have complete authority to (i) enter into the purchase or license agreement(s) on behalf of yourself or your company and (ii) accept the charges for any services to which you subscribe or products that you purchase. You agree to review and to comply with the terms and conditions of any specific agreement that you enter into with eConn (or any merchant and/or service provider through the Site) in connection with the licensing or purchase of any product or service, including but not limited to the Terms of Use. You warrant that all information that you provide to eConn (or any merchant or service provider through eConn ) including but not limited to credit card and other payment information, will be accurate, complete and current. Users subscribing to eConn 's service offerings understand payment is due in advance, and that each of your eConn accounts automatically renews for the term you selected upon signup. You agree to pay the periodic charges for renewed subscriptions until you notify us in writing as described herein of your intent to terminate your subscription and use of our services, and you are supplying your credit card information to eConn expressly for this purpose. You understand that notification of your intent to terminate your subscription must be sent in writing to support@econnoisseur.com and its receipt confirmed by you fifteen (15) days prior to the end of the term. You agree to pay all charges incurred by user(s) of your account(s) and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to your purchases. If eConn does not receive full payment of those amounts when due, an additional 1.5% (or the maximum amount permitted by law, whichever is higher) per month late charge shall be added to the invoiced amount and also will become immediately due and payable. In addition, a late payment penalty of five percent (5%) of the amount overdue shall be assessed for each month for which payment is late. If you fail to remit payment when due, eConn may without notice and in its sole discretion terminate your subscription or discontinue your use of eConn 's services until such time as your account is made current. You also agree to be liable for all reasonable attorneys' fees, costs and/or disbursements incurred by eConn relating to the collection of your unpaid account. You acknowledge that eConn does not provide refunds and agree that you shall not be entitled to any refund whatsoever. If you believe eConn has billed you incorrectly, you must notify eConn in writing at sales@econnoisseur.com (and confirm receipt of the written notice) no later than thirty (30) days after the billing date on the first billing statement in which the disputed amount appeared in order to receive an adjustment or credit. All charges that occurred more that thirty (30) days prior to the billing date on your billing statement will be deemed acceptable by you. 7. USER INFORMATION AND PRIVACY POLICY The Privacy Policy posted on the Site is incorporated in this Agreement by this reference. The Privacy Policy governs data collected through eConn 's on-line operations only. In addition, eConn reserves the right to comply, in its sole discretion, with legal requirements. 8. ACKNOWLEDGMENT This Site may contain links to other Web sites operated by third parties ("Linked Sites"). The Company provides these links to assist you in locating resources that may interest you. You acknowledge that, when you click on a link to visit a Linked Site, a frame may appear that contains the eConn logo, advertisements and/or other content selected by eConn . You acknowledge that eConn and its sponsors do not endorse the third-party web site; are not responsible for the content of linked third-party sites or any material contained in a Linked Site; and do not make any representations regarding the content, or accuracy of materials on such third party Web sites. You also acknowledge that the owner of the Linked Site does not endorse eConn and its sponsors. 9. SUBMISSIONS You acknowledge and agree that, by submitting any resource, link, applet, information, content or other materials ("Content") to eConn , you grant eConn a nonexclusive, royalty-free, irrevocable worldwide license to link to, reproduce, distribute, adapt, perform, display, and sublicense the submitted Content. Further, by submitting Content to eConn , you acknowledge that you have the authority to grant such rights to eConn . PLEASE NOTE THAT YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OF ANY CONTENT YOU SUBMIT. None of the Content is endorsed by the Company, and the Company cannot and does not make any representations with respect to the truth or reliability of the Content. The Company reserves the right to remove any Content, in whole or in part, from the Site. Communications between the Company and the users of the Site are not confidential. 10. VOID WHERE PROHIBITED; INDEMNIFICATION Although the Site is accessible worldwide, not all products or services discussed or referenced in the Site are available to all persons or in all geographic locations or jurisdictions. eConn reserves the right to limit the provision of any product or service to any person, geographic area or jurisdiction it so desires. You agree to indemnify, defend and hold harmless eConn and its sponsors against any and all claims, damages, costs or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, (b) your violation of the Conduct Rules and/or (c) your activities in connection with the Site or Site-related services. 11. INTELLECTUAL PROPERTY The trademarks and service marks (collectively, the "Intellectual Property") used or displayed on this Site are registered and/or unregistered Intellectual Property of the Company, unless otherwise noted. Nothing in this Site should be construed as granting, by implication or otherwise, any license or right to use any Intellectual Property displayed on the Site without the express written permission of the Company or the owner of the Intellectual Property. The name " eConn " and any of the Connoisseur Infotech Pvt. Ltd logos or other Intellectual Property may not be used in any way without the Company's express written permission. 12. NO GUARANTEES The possibility exists that the Site may include inaccuracies or errors. Additionally, the possibility exists that unauthorized additions, deletions and alterations could be made by third parties to the Site. Although eConn attempts to ensure the integrity and the accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. In the event that such an inaccuracy arises, please inform eConn so that it may be promptly corrected. 13. WARRANTY INFORMATION; DISCLAIMER THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED OR PURCHASED THROUGH THE SITE, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NEITHER eConn , ITS AFFILIATES, NOR ITS SPONSORS MAKES ANY REPRESENTATION AS TO THE RESULTS, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMLINESS TO BE OBTAINED FROM USE OF THE SITE OR THE SITE-RELATED SERVICES. YOU AGREE NOT TO HOLD eConn RESPONSIBLE FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTY IN CONNECTION WITH THE SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE. YOU ALSO ACKNOWLEDGE THAT ACCESS TO THE SITE AND/OR RELATED SERVICES WILL NOT BE FREE OF INTERRUPTIONS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE. eConn DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, eConn IS NOT RESPONSIBLE FOR THOSE COSTS. eConn , ITS AFFILIATES, AND/OR ITS SPONSORS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE AND/OR THOSE SERVICES. 13.1 No endorsements by eConn . Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its Web site, products, services, hiring, experience, employment or recruiting practices, or otherwise. 13.2 No Guaranty of Results. eConn is not an employment agency or a recruiting firm, and makes no representations or guarantees regarding the effectiveness or timeliness of the Site in meeting the employment objectives of Users. eConn does not guarantee that use of any of our products or services will result in candidates being hired or positions being filled, and is not responsible for any employment decisions, for whatever reason made, made by any User. 14. MISCELLANEOUS This Agreement is entered in city Chandigarh, India and shall be governed by and construed in accordance with the laws of the Chandigarh, India, exclusive of its choice of law rules. Each party to this Agreement hereby submits to the exclusive jurisdiction of the state and federal courts sitting in Chandigarh, India and waives any jurisdictional, venue or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Failure of any party to insist upon strict compliance with any of the terms and conditions of this Agreement shall not be deemed a waiver or relinquishment of any similar right or power at any subsequent time. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. The Company may (i) change the terms of this Agreement, (ii) change the Site, including eliminating or discontinuing any content or feature of the Site, restricting the hours of availability or limiting the amount of use permitted, or (iii) change any fees or charges for use of the Site, including instituting new or increased fees or charges for the use of the Site or any other Site-related services or any feature thereof. You agree that each time you visit the Site, you shall be subject to and bound by the current terms of this Agreement. In addition, certain areas of this Site are subject to additional terms & condition. By using such areas, or any part thereof, you agree to be bound by the additional terms & condition applicable to and contained in such areas. The Company reserves the right in its sole discretion to terminate the use of the Site by a user at any time. If you use the Site after the Company has notified you of a change in the Agreement, you agree to be bound by all of the changes. You are expected to review the Company's Terms & condition periodically to ensure familiarity with the most current version. Connoisseur Infotech Pvt. Ltd. Software License Agreement These Terms apply to any of the software developed by Connoisseur Infotech Pvt. Ltd. (eConn - this is Registered Trade mark of Connoisseur Infotech Pvt. Ltd) BY DOWNLOADING AND/OR USING SOFTWARE FROM OUR WEB SITE, THE INDIVIDUAL OR ENTITY LICENSING THE PRODUCT ("LICENSEE") IS CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE LICENSEE MUST NOT INSTALL OR USE ANY OF THE SOFTWARE DEVELOPED BY CONNOISSEUR INFOTECH PVT. LTD. Our product resume parser comes up with 80% accuracy calculated on the prorata basis of 1000 generic sample resumes. But over all eConn doesn't claim for any commitment for the same. 1. LICENSE AGREEMENT. In this Agreement "Licensor" shall mean Connoisseur Infotech Pvt. Ltd except under the following circumstances: (i) if Licensee acquired the Product as a bundled component of a third party product or service, then such third party shall be Licensor; and (ii) if any third party software is included as part of the default installation and no License is presented for acceptance the first time that third party software is invoked, then the use of that third party software shall be governed by this Agreement, but the term "Licensor," with respect to such third party software, shall mean the manufacturer of that software and not Connoisseur Infotech Pvt. Ltd. With the exception of the situation described in (ii) above, the use of any included third party software product shall be governed by the third party's License agreement and not by this Agreement, whether that License agreement is presented for acceptance the first time that the third party software is invoked, is included in a file in electronic form, or is included in the package in printed form. If more than one License agreement was provided for the Product, and the terms vary, the order of precedence of those License agreements is as follows: a signed agreement, a License agreement available for review on the eConn, a printed or electronic agreement that states clearly that it supersedes other agreements, a printed agreement provided with the Product, an electronic agreement provided with the Product. 2. LICENSE GRANT. Licensor grants Licensee a non-exclusive and non-transferable License to reproduce and use for personal or internal business purposes either the source code version of the Product in the case of DHTML/JavaScript/Server Scripts or otherwise executable, provided any copy must contain all of the original proprietary notices. This License does not entitle Licensee to receive from Connoisseur Infotech Pvt. Ltd hard-copy documentation, technical support, telephone assistance, or enhancements or updates to the Product unless a specific Product has been purchased by the Licensee that clearly states otherwise. Licensor warrants that it has the right to grant the foregoing license free and clear of third party intellectual property claims, and should any third party intellectual property claims arise Licensor will defend and hold Licensee harmless from such claims. 3. RESTRICTIONS. Except as otherwise expressly permitted in this Agreement, or in another Licensor agreement to which Licensee is a party such as a distribution agreement, Licensee may not: (i) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Product (except to the extent applicable laws specifically prohibit such restriction); (ii) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Product; (iii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product; or (iv) publish any results of benchmark tests run on the Product to a third party without Licensor's prior written consent. 4. FEES. Product is given as per agreement for License fee or Free of Cost and you can utilize the product based on the agreement. This can be utilized for personal use, commercial use or any other purpose. Use of this for any terrorist activity/ Working against any country is strictly prohibited. If Licensee wishes to receive the Product on media, there may be a small charge for the media and for shipping and handling. Licensee is responsible for any and all taxes. 5. TERMINATION. Without prejudice to any other rights, Licensor may terminate this Agreement if Licensee breaches any of its terms and conditions. Upon termination, Licensee shall destroy all copies of the Product. 6. PROPRIETARY RIGHTS. Title, ownership rights, and intellectual property rights in the Product shall remain in Connoisseur Infotech Pvt. Ltd and/or its suppliers. Licensee acknowledges such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with eConn or its suppliers' ownership of or rights with respect to the Product. The Product is protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the Product is the property of the applicable content owner and is protected by applicable law. The License granted under this Agreement gives Licensee no rights to such content. 7. DISCLAIMER OF WARRANTY. THE PRODUCT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT IT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT IS BORNE BY LICENSEE. SHOULD THE PRODUCT PROVE DEFECTIVE IN ANY RESPECT, LICENSEE AND NOT LICENSOR OR ITS SUPPLIERS OR RESELLERS ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. IN ADDITION, THE SECURITY MECHANISMS IMPLEMENTED BY THE PRODUCT HAVE INHERENT LIMITATIONS, AND LICENSEE MUST DETERMINE THAT THE PRODUCT SUFFICIENTLY MEETS ITS REQUIREMENTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. 8. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY CONNOISSEUR INFOTECH PVT. LTD UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. CONNOISSEUR INFOTECH PVT. LTD IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT 9. HIGH RISK ACTIVITIES. The Product is not fault-tolerant and is not designed, manufactured or intended for use or resale for any high risk matter or Time critical applications. Licensee agrees that Licensor and its suppliers will not be liable for any claims or damages arising from the use of the Product in time critical or mission critical applications. 10. MISCELLANEOUS. (a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. (b) This Agreement may be amended only by a writing signed by both parties. (c) If any provision in this Agreement should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect. (d) The controlling language of this Agreement is English. If Licensee has received a translation into another language, it has been provided for Licensee's convenience only. (e) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. (f) The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement shall be enforceable notwithstanding said expiration or termination. (g) Licensee may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein except in the case of a merger or the sale of all or substantially all of Licensee's assets to another entity. (h) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. (i) Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control. (j) The relationship between Licensor and Licensee is that of independent contractors and neither Licensee nor its agents shall have any authority to bind Licensor in any way. (k) If any dispute arises under this Agreement, the prevailing party shall be reimbursed by the other party for any and all legal fees and costs associated therewith. (l) If any eConn's professional services are being provided, then such professional services are provided pursuant to the terms of a separate Professional Services Agreement between Connoisseur Infotech Pvt. Ltd and Licensee. The parties acknowledge that such services are acquired independently of the Product licensed hereunder, and that provision of such services is not essential to the functionality of such Product. (m) The headings to the sections of this Agreement are used for convenience only and shall have no substantive meaning. (n) Licensor may use Licensee's name in any customer reference list or in any press release issued by Licensor regarding the licensing of the Product and/or provide Licensee's name and the names of the Product licensed by Licensee to third parties.