End User License Agreement
IMPORTANT – READ CAREFULLY:
This End-User License Agreement (the “Agreement”) is a legal agreement between you as an individual and RADYEUS DATA MANAGEMENT (OPC) PRIVATE LIMITED. (Henceforth, referred as “Radyeus”) for evaluation and use of the software ‘RaBit Individual Edition’ (including all ancillary applications provided) and any associated documentation provided (collectively, henceforth referred as “Software”).
By downloading, installing, or using the Software: (1) you accept that the Software is an Individual/Personal Edition and agree to use the Software for Individual/Personal purposes and not for Commercial purposes, (2) you represent that you understand the terms of this Agreement, and (3) you accept the terms of this Agreement and you consent to be bound by this Agreement.
Do not download, install, or use this Software, if you do not wish to agree to be bound by these terms and conditions.
1 General License Agreement
1.1 General License Grant
After the payment of all applicable license/subscription fees and charges, and receiving the “Purchase Order Confirmation” via an e-mail or other documentation, Radyeus grants you the limited, non-exclusive, non-transferable license to install and use the Software in accordance with this Agreement. If your purchase order or other documentation contains terms in addition to, or different than, the terms of this Agreement, those terms in that purchase order or other documentation shall be disregarded and the terms of this Agreement shall control.
1.2 License Options
Your license to install and use the software shall be in accordance with one or more of the following license options, as set forth on the Purchase Order Confirmation or in your request for evaluation/Trial software. In order to use the software, the user must be connected to the internet at all times. The authentication is handled remotely over the internet via a user login mechanism. The Software may contain a software license management tool (a “Subscription Manager”) that regulates your use of the Software. All of the licensed activity described below must be subject to the control of the Subscription Manager, and you may not install or use the Software in a manner that circumvents or interferes with the operation of the Subscription Manager or any other technological measure that controls access to the Software.
a. Trial/Demo (Evaluation) License
One identified individual (named-user) may use the Software for a limited evaluation period to be determined and stated by Radyeus. You may install the Software on any number of computers necessary to support that named-user so long as the Software is used only by the named-user. But, at any point of time, the named-user should login from a single computer only. The Demo License shall terminate at the end of the stated evaluation period unless otherwise agreed by Radyeus.
b. Individual/personal License
One identified individual (named-user) may use the Software. Software may be installed on any number of computers necessary to support the named-user (“Licensee/Subscriber”) so long as the Software is used only by the named-user. But, at any point of time, the named-user should login from a single computer only.
It is your responsibility to ensure compliance with the terms of this Agreement. Except as may otherwise expressly be provided herein and as otherwise expressly permitted by law, you shall not, directly or indirectly:
(a) Use the Software in a manner that infringes any third party’s copyrights or any other rights;
(b) Make any translation, adaptation, arrangement, modification, derivative work or other alteration of the Software;
(c) Distribute, sell, give away, hire or lease the Software, or another product wholly or partially derived from the Software, or offer to do any of the foregoing;
(d) Assign, sell, lease, rent, time-share, or otherwise make all or any part of the Software available for installation or use by any third party, as a service bureau, application service provider or otherwise;
(e) Decipher, decompile, disassemble or reverse engineer the Software, in whole or in part.
1.4 Transfer and Assignment
This Agreement is personal and may not be assigned or assumed (including by operation of law), and any attempt to do so is void.
1.5 Term and Termination of License
(a) The term of this Agreement, and the license granted hereunder, shall commence (i) upon receipt of a Purchase Order (for non-Demo/non-trial) by Radyeus or (ii) upon express authorization by Radyeus (for Demo/Trial) and shall continue for the term stated on the applicable Purchase Order Confirmation as issued by Radyeus.
(b) This Agreement and the license granted hereunder shall terminate immediately and automatically if you have not paid any license fees or other charges due to Radyeus within SEVEN DAYS after obtaining the Demo/Trial version. Also, no leeway period would be granted for renewing the license once the subscription period of the non-Demo/non-trial version has ended.
(c) Without prejudice to any other rights, Radyeus may immediately terminate this Agreement and the license granted hereunder if you fail to comply with the terms and conditions of this Agreement.
(d) Upon termination of the license for any reason, you must immediately destroy and stop using all copies of the Software (including purging all storage media on which such Software is installed or otherwise stored) and all of its component parts.
(e) Upon termination of this Agreement, the provisions of Section 1.3, 2, 4, 5, 7 and 9 shall survive.
All copyrights, trademarks and all other intellectual property rights in and to the Software are and shall remain the sole and exclusive property of Radyeus. Nothing in this Agreement shall confer any rights in any trade name, business name or trademark of Radyeus to you.
All modifications and improvements made to the Software and derivative works of the Software created by Radyeus based in whole or in part upon the suggestions or feedback provided by you shall remain the sole and exclusive property of Radyeus.
You agree not to remove any copyright, trademark, proprietary rights, disclaimer or warning notice included on or embedded in any part of the Software. You agree to keep confidential and use your best efforts to prevent and protect the contents and output of the Software from unauthorized disclosure.
To the extent the Software is bundled with third party software programs; these third party software programs are governed by their own license terms, which may include open source or free software licenses. Nothing in this Agreement limits an end user’s rights under, or grants the end user rights that supersede, the terms of any such third party software.
3.1 Content Compliance. Title, ownership rights, and intellectual property rights in and to the content accessed through the Software is the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement gives you no rights to any such content.
3.2 Export Laws Compliance. You shall comply with all laws and regulations of the United States and other countries ("Export Laws") to assure that the Software Product is not (1) exported, directly or indirectly, in violation of Export Laws, or (2) used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation.
3.3 Applicable Laws Compliance. You agree that You shall use the Software and Documentation solely in a manner that complies with all applicable laws in the jurisdictions in which You use the Software and Documentation, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
EXCEPT AS EXPRESSLY STATED IN THIS SECTION, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, RADYEUS IS PROVIDING AND LICENSING THE SOFTWARE TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPLICIT OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONDITIONS OF QUALITY, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE WARRANTY SHALL FURTHER NOT ORIGINATE BY RADYEUS’S RENDERING OF ANY SUPPORT SERVICES OR TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH THE SOFTWARE OR YOUR USE THEREOF. RADYEUS SHALL NOT BE HELD RESPONSIBLE FOR THE PERFORMANCE OF OR OUTPUT OBTAINED FROM THE SOFTWARE NOR FOR ANY LIABILITY TO ANY PARTY ARISING OUT OF USE OF THE SOFTWARE.
5 LIMITATION OF LIABILITY
IN NO EVENT SHALL RADYEUS BE LIABLE TO YOU FOR LOSS OF PROSPECTIVE PROFITS OR INDIRECT OR CONSEQUENTIAL DAMAGES EVEN IF RADYEUS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN ADDITION, IN NO EVENT SHALL THE LIABILITY OF RADYEUS TO YOU UNDER THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO THAT PAID BY YOU TO RADYEUS IN CONNECTION WITH YOUR USE OF THE SOFTWARE WITHIN THE PREVIOUS TWELVE-MONTH PERIOD.
6 Compliance with Agreement
You agree that within fifteen (15) days of a request from Radyeus or Radyeus’s authorized representative you will fully document and certify that your use of the Software at the time of the request is in conformity the terms of this Agreement and you agree to permit Radyeus or its authorized representative to verify the accuracy of your certification.
This Agreement is governed by the laws of ‘The Republic of India’. You hereby consent to the jurisdiction of the courts located within Hyderabad, Telangana State, ‘The Republic of India’ in which Radyeus’s principal office is located.
8 Customer Identification
You grant Radyeus the right to use your suggestions and feedback to modify and improve the Software.
If any provision of this Agreement is held to be unenforceable, it will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force. This Agreement may be modified or amended only in writing signed by both you and Radyeus.