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Web APP

END-USER LICENSE AGREEMENT

 

  1. IMPORTANT, PLEASE READ CAREFULLY:

 

YOU SHOULD READ THE FOLLING TERMS AND CONDITIONS BEFORE SELECTING “I ACCEPT” BELOW. THIS END-USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU THE END USER (referred to at times as simply the “User”), AND COMPANY, THE COMPANY (“LICENSOR”) FOR THE WEB APP PRODUCT (“WEB APP” or “SOFTWARE PRODUCT”). BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT DOWNLOAD, INSTALL, COPY, OR USE THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE, CLICK “DISAGREE/DECLINE.” YOU AGREE THAT YOUR USE OF THE WEB APPACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

 

Any capitalized term used but not defined in this EULA shall have the meaning attributed to it in our Terms of Use in relation to the Software Product. Additionally, ‘you’ and ‘your’ shall in addition to having the same definition in the Terms of Use.

 

  1. OWNERSHIP

 

It is hereby understood and agreed that COMPANY is the owner of all right title and interest to the Web App, regardless of the media or form of the original download, whether by the World Wide Web, an App Store (e.g., Google Play®), disk or otherwise (collectively “Web Site”). You, as licensee (“Licensee”) through your downloading, installing, copying or use of this product do not acquire any ownership rights to the Web App.

 

  1. GENERAL

 

The Web App is licensed, not sold, to you by COMPANY for use only under the terms of this EULA. The Web App is protected by copyright laws in India and other international copyright treaties, as well as other intellectual property laws in India and intellectual property laws that are applicable internationally (e.g., Trademarks and Patents). The rights granted herein are limited to the Licensor’s intellectual property rights in the Web App and do not include any other patents or intellectual property rights. The terms of this EULA will govern any future release, update, or upgrade of the App, or other addition to functionality or content within the Web App (collectively “Upgrade”), provided by COMPANY that replaces and/or supplements the original Web App, unless such Upgrade is accompanied by a separate license, in which case the terms of those license(s) shall in addition to this EULA govern the use of the updated Web App.

 

  1. WEB APP

 

The Web App, as used in this EULA, means, collectively and/or as applicable:

      • The Web App package made available via a Web Site (e.g., an installable file provided on an App Store such as the Google Play®);
      • Any and all contents, components, attachments, software, digital and/or physical (e.g., printed) media, and code with which this Agreement is provided and delivered via the Web Site;
      • Any and all images, videos, photographs etc. that either come pre-installed with the Web App or are uploaded to the Web App or are produced dynamically by the Web App;
      • Related explanatory written materials and instructions, and any other possible documentation related thereto, digital or otherwise (“Documentation”); and
      • The Upgrades, if any, licensed to by COMPANY under this EULA.

 

  1. GRANT OF LICENSE AND RESTRICTIONS

 

    • COMPANY grants you a non-exclusive, non-transferable End-User license right to install the Web App on the local hard disk(s) or other permanent storage media of one device (including in its full meaning, any computer, including a portable computing device) and use the Web App on a single device at a time. Licensee may physically transfer the software between devices provided that it is used on only one device at any given time.

 

    • COMPANY authorizes the End-User to make one (1) copy of the Web App as an archival backup copy, provided End-User’s backup copy is not installed or used on any device. Any other copies you make or authorize are in violation of this EULA.

 

    • Unless otherwise provided in the Web App or by prior express written consent of COMPANY, you shall not display, modify, reproduce and distribute any information, or portion(s) thereof, included with or relating to the Software Product, if any. This limitation does not apply to content that is owned or controlled by the User and provided to the Web App by the User (e.g., The Personal Information or SPD of the User). Any such authorized display, modification, reproduction and distribution shall be in full accord with this EULA. Under no circumstances will your use, display, modification, reproduction and distribution of the information give you any Intellectual Property or Proprietary Rights in the information. All rights, title, and interest belong solely to COMPANY.

 

    • Except for the initial loading of the Web App on a hard disk or other permanent storage media for archival/backup purposes as provided for above, you shall not, without COPANY’s express written consent:
        1. Copy or reproduce the Software Product;
        2. Electronically transfer the Web App through a LAN (local area network) or other network system or “bulletin board” systems (including file distribution websites and systems); or
        3. Modify, adapt, or create derivative works based on the Web App or any accompanying materials.

 

  1. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

 

    • From time to time, at COMPANY’s sole discretion, COMPANY may provide you with support services related to the Web App (“Support Services”).COMPANY reserves the right to alter, suspend, and terminate the Support Services at any time and for any reason. Use of Support Services is governed by this EULA and COMPANY’s Terms of Use, available for download and viewing on the WEBAPP.
    • Any supplemental software, code, content, or media provided to you in the course of Support Services shall be considered part of the Web App and subject to the terms and conditions of this EULA.
    • COMPANY retains all right, title, and interest in and to the Software Product, and any rights not granted to you herein are reserved by COMPANY. You hereby expressly agree not to extract information, reverse engineer, disassemble, decompile, or translate the Software Product, or otherwise attempt to derive the source code of the Software Product. In the event that such activities are permitted by applicable law, any information you, or your authorized agent, discover shall be promptly disclosed to COMPANY and shall be deemed the confidential information of COMPANY.
    • You shall not modify, sublicense, assign, or transfer the Web App or any rights under this EULA, except as expressly provided in this EULA. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations will be void.
    • You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the Web App (including the Web App package, all component parts of said Web App package, the media and printed materials (e.g., provided by the Web Site),  the Documentation, any Upgrades, and this EULA). The other party must agree to accept the terms and conditions of the EULA.
  1. TERM
    • This License is effective until terminated. Licensee may terminate it at any time by destroying the Web App with all copies, full or partial, and removing all of its component parties (e.g., by “un-installing” the Web App from  device).

 

    • Your rights under this EULA will terminate automatically without notice from COMPANY if you fail to comply with any term(s) or condition(s) of this EULA. In such event, no notice shall be required by COMPANY to effect such termination.
    • Upon termination of this EULA, you shall cease all use of the Web App and destroy all copies, full or partial, together with all backup copies, modifications, printed or written materials, and merged portions in any form and remove all component parts of the Web App(e.g., by “un-installing” the Web App from their Mobile Device).

 

  1. INTELLECTUAL PROPERTY RIGHTS
    • COMPANY shall retain all right, title, and interest in the Web App and to any modifications or improvements made thereto (including Upgrades), and any Documentation provided to the User. The User will not obtain any rights in the Software Product, its Upgrades and Documentation, as a result of its responsibilities hereunder.
    • User acknowledges COMPANY’s, exclusive rights in the Web App and that the Web App is unique and original to COMPANY and that COMPANY is the owner thereof. Unless otherwise permitted by law, End-User shall not, at any time during or after the effective Term of the Agreement, dispute or contest, directly or indirectly COMPANY’s exclusive right and title to the Web App or the validity thereof.
    • User shall not attempt to develop any Web App that contains the “look and feel” of the Software Product, or portions thereof.

 

  1. EXPORT LAW ASSURANCES

 

You may not use or otherwise export or re-export the Web App except as authorized by Indian law and the laws of the particular jurisdiction in which the Web App was obtained (e.g., the State of Gujrat). In particular, but without limitation, the Web App may not be exported or re-exported into (or to a nation or resident of) any Indian embargoed countries. By installing or using any component of the Software Product, you represent and warrant that you are not located in, under control of, or a national or resident of any such country.

 

  1. DISCLAIMER OF WARRANTIES

 

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEB APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEB APP IS PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COMPANY AND COMPANY’s AFFILIATES, HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEB APP, THAT THE FUNCTIONS CONTAINED IN THE WEB APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEB APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEB APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE WEB APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION (INCLUDING SERVICING, REPAIR OR CORRECTION OF MOBILE DEVICE, IF NECESSARY). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

 

  1. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES OR LICENSEES, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, DAMAGES FOR LOSS OF OR REDUCTION IN VALUE OF ASSOCIATED HARDWARE SUCH AS THE MOBILE DEVICE, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB APPOR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, COMPANY DOES NOT REQUIRE YOU TO PAY ANY SUM OF MONEY FOR THE USE OF ITS SOFTWARE PRODUCT. CONSEQUENTLY, COMPANY SHALL NOT BE LIABLE TO PAY ANY SUM OF MONEY TO YOU IN A CLAIM FOR DAMAGES; PROVIDED HOWEVER THAT IN SPECIAL CIRCUMSTANCES, COMPANY MAY CHARGE A FEE FOR USE OF THE WEB APP OR FOR USE OF CERTAIN SERVICES WITHIN THE WEB APP, IN WHICH CASE COMPANY WILL ADVISE YOU OF SUCH REQUIREMENT TO PAY, AND IN ANY CASE, THE ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE FEE AMOUNT ACTUALLY PAID BY YOU FOR THE APP OR FOR USING CERTAIN SERVICES WITHIN THE APP.

12. CONTROLLING LAW AND SEVERABILITY

This EULA will be governed by and construed in accordance with the laws passed by the <<State of West insert the relevant jurisdictions where COMPANY shall operate>> and the central government of India, as applied to agreements entered into and to be performed entirely within the dominion of India. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this EULA shall continue in full force and effect.

You agree that the courts of <<Insert>> in the State of <<Insert the State>> shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the subject matter or formation (including non-contractual disputes or claims) of these Terms. 

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