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Advanta Innovations Pvt. Ltd.
END-USER LICENSE AGREEMENT (EULA)
IMPORTANT-READ CAREFULLY:
This Advanta Innovations End-User License Agreement (``EULA``) is a legal agreement between you (either an individual or a single entity) ("CUSTOMER") and “Advanta Innovations Pvt Ltd, SCF 44, TF, Phase X, Mohali, Punjab, India -160059” ("LICENSOR") (mentioned as "Advanta Innovations" in rest of the document) for the software product(s) by Advanta Innovations, accompanying this EULA, which include(s) computer software and may include "online" or electronic documentation, associated media, and printed materials (``SOFTWARE PRODUCT``). By installing, copying, or otherwise using the SOFTWARE PRODUCT or any UPDATES (as defined below), you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, copy, or otherwise use the SOFTWARE PRODUCT. In addition, by installing, copying, or otherwise using any updates or other components of the SOFTWARE PRODUCT that you receive separately as part of the SOFTWARE PRODUCT (``UPDATES``), you agree to be bound by any additional license terms that accompany such UPDATES. If you do not agree to the additional license terms that accompany such UPDATES, you may not install, copy, or otherwise use such UPDATES.
1. The Product is licensed, not sold.
2. GRANT OF LICENSE. Advanta Innovations grants you the following rights provided that you comply with all terms and conditions of this EULA:
* Installation and use. You may install, use, access, display and run one copy of the Product on a single computer, such as a workstation, terminal or other device ("Workstation Computer"). The Product may not be used by more than two (2) processors at any one time on any single Workstation Computer. You have to purchase additional licenses as provided and permitted by Advanta Innovations, in order to use or share the software or its services from more than one Workstation Computer, simultaneously or separately.
* Mandatory Activation. The license rights granted under this EULA are limited to the first ten (10) days after you first install the Product unless you supply information required to activate your licensed copy in the manner described during the setup sequence of the Product. You can activate the Product through the use of the Internet or telephone; toll charges may apply. You may also need to reactivate the Product if you modify your computer hardware or alter the Product. You will also need to activcate the product atleast once, every year. There are technological measures in this Product that are designed to prevent unlicensed or illegal reproduction or use of the Product. You agree that we may use those measures.
* Storage/Network Use. You may also store or install a copy of the Product on a storage device, such as a network server, used only to install or run the Product on your other Workstation Computers over an internal network; however, you must acquire and dedicate an additional license for each separate Workstation Computer on or from which the Product is installed, used, accessed, displayed or run. A license for the Product may not be shared or used concurrently on different Workstation Computers.
* Reservation of Rights. Advanta Innovations reserves all rights not expressly granted to you in this EULA.
3. UPGRADES. To use a Product identified as an upgrade, you must first be licensed for the product identified by Advanta Innovations as eligible for the upgrade in order to use the SOFTWARE PRODUCT. After upgrading, you may no longer use the product that formed the basis for your upgrade eligibility. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
4. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Product that Advanta Innovations may provide to you or make available to you after the date you obtain your initial copy of the Product, unless we provide other terms along with the update, supplement, add-on component, or Internet-based services component. Advanta Innovations reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Product.
5. TRADEMARKS AND COPYRIGHT. The Product is protected by copyright and other intellectual property laws and treaties. Advanta Innovations or its suppliers own the title, copyright, and other intellectual property rights in the Product. All title and intellectual property rights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Advanta Innovations or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. You may not copy any portion of the software or documentation in any form, except to use this software in accordance with the terms of the agreement or to make one copy for backup purposes. All rights not expressly granted are reserved by Advanta Innovations.
6. OWNERSHIP: The SOFTWARE is owned and copyrighted by Advanta Innovations ("LICENSOR"). Your license confers no title or ownership in the SOFTWARE and should not be construed as a sale of any right in the SOFTWARE. You may not remove, modify or alter any Advanta Innovations copyright or trademark notice from any part of the SOFTWARE PRODUCT, including but not limited to any such notices contained in the physical and/or electronic media or documentation, in the Advanta Software Solutions Pvt Ltd Setup Wizard dialogue or `about` boxes, in any of the runtime resources and/or in any web-presence or web-enabled notices, code or other embodiments originally contained in or dynamically or otherwise created by the SOFTWARE PRODUCT.
7. LIMITATION ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not use, copy, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the SOFTWARE except as provided in this agreement. Any such unauthorized use shall result in immediate and automatic termination of this license.
8. SEPARATION OF COMPONENTS. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use by more than one user.
9. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
* Consent to Use of Data. You agree that Advanta Innovations and its affiliates may collect and use technical information gathered in any manner as part of the product support services provided to you, if any, related to the Product. Advanta Innovations may use this information solely to improve our products or to provide customized services or technologies to you. Advanta Innovations may disclose this information to others, but not in a form that personally identifies you.
* Internet Update Features. If you choose to utilize the update features within the Product, it is necessary to use certain computer system, hardware, and software information to implement the features. By using these features, you explicitly authorize Advanta Innovations or its designated agent to access and utilize the necessary information for Internet updating purposes. Advanta Innovations may use this information solely to improve our products or to provide customized services or technologies to you. Advanta Innovations may disclose this information to others, but not in a form that personally identifies you.
* Internet-Based Services Components. The Product contains components that enable and facilitate the use of certain Internet-based services. You acknowledge and agree that Advanta Innovations may automatically check the version of the Product and/or its components that you are utilizing and may provide upgrades or fixes to the Product that will be automatically downloaded to your Workstation Computer.
10. NOT FOR RESALE SOFTWARE. Product identified as "Not for Resale" or "NFR," may not be resold, transferred or used for any purpose other than demonstration, test or evaluation.
11. TRANSFER-Internal. You may move the Product to a different Workstation Computer. After the transfer, you must completely remove the Product from the former Workstation Computer. Also, each transfer requires the Product to be reactivated on the New Workstation Computer. The Reactivation of the product is done completely free of cost (Toll Charges may apply). However, MAXIMUM FIVE REACTIVATIONS ARE ALLOWED IN ONE YEAR. Transfer to Third Party. The initial user of the Product may NOT make a transfer of the Product to another end user. No Rental. You may not rent, lease, lend or provide commercial hosting services to third parties with the Product.
12. PERFORMANCE OR BENCHMARK TESTING. You may not disclose the results of any benchmark test of the Software to any third party without prior written approval from Advanta Innovations.
13. ACADEMIC EDITION SOFTWARE. To use Product identified as "Academic Edition" or "AE," you must be a "Qualified Educational User." For qualification- related questions, please contact the Advanta Innovations.
14. TERMINATION. Without prejudice to any other rights, Advanta Innovations may cancel this EULA if you do not abide by the terms and conditions of this EULA, in which case you must destroy all copies of the Product and all of its component parts.
15. LIMITED WARRANTY FOR PRODUCT. Advanta Innovations warrants that the Product will perform substantially in accordance with the accompanying materials for a period of thirty days from the date of receipt, and Advanta Innovations support engineers will make commercially reasonable efforts to solve any problem.
Any supplements or updates to the Product, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the thirty day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.
16. CUSTOMER REMEDIES. Advanta Innovations` and its suppliers` entire liability and your exclusive remedy shall be, at Advanta Innovations` option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet Advanta Innovations Limited Warranty and that is returned to Advanta Innovations with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, misapplication, hardware failure or virus attack etc. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Neither these remedies nor any product support services offered by Advanta Innovations are available without proof of purchase from an authorized source.
17. DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties (if any) created by any documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, Advanta Innovations and its suppliers provide the Product and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Product, and the provision of or failure to provide support or other services, information, software, and related content through the Product or otherwise arising out of the use of the Product. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT.
18. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ADVANTA INNOVATIONS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE PRODUCT OR OTHERWISE ARISING OUT OF THE USE OF THE PRODUCT, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF ADVANTA INNOVATIONS OR ANY SUPPLIER, AND EVEN IF ADVANTA INNOVATIONS OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LICENSOR SHALL TAKE NO RESPONSIBILITY FOR ANY KIND OF CORRUPTION OF DATA AT THE CUSTOMER`S SITE DUE TO MEDIA FAILURE / POWER FAILURE / HARDWARE PROBLEM / VIRUS INFECTION OR ANY OTHER REASON. AT MOST, THE LICENSOR CAN TRY TO RECOVER THE DATA EITHER FULLY OR PARTIALLY AND THE SAME SHALL BE CHARGEABLE.
NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ADVANTA INNOVATIONS AND ITS SUPPLIERS DISCLAIM 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 AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
19. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Advanta Innovations and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing (except for any remedy of repair or replacement elected by Advanta Innovations with respect to any breach of the Limited Warranty) shall be limited to the greater of the amount actually paid by you for the Product or Rs. 10.00. The foregoing limitations, exclusions and disclaimers (including Sections 16, 17 and 18 above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
20. LINKS TO THIRD PARTY SITES. You may link to third party sites through the use of the Product. The third party sites are not under the control of Advanta Innovations, and Advanta Innovations is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. Advanta Innovations is not responsible for web casting or any other form of transmission received from any third party sites. Advanta Innovations is providing these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by Advanta Innovations of the third party site.
21. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the Product) are the entire agreement between you and Advanta Innovations relating to the Product and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Product or any other subject matter covered by this EULA. To the extent the terms of any Advanta Innovations policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.