END USER LICENSE AGREEMENT
END USER LICENSE AGREEMENT
Please read this End User License Agreement (“EULA”) carefully before accessing or using this application for mobile and handheld devices (together with any libraries, utilities, tools, upgrades, updates, patches, modules, feature enhancements and additional versions of the software that replace or supplement the original software, and any accompanying manuals, configuration and or operation instructions and Documentation (as defined below), collectively referred hereinafter “Application”). This EULA is a legal agreement entered into between you (hereinafter referred as “You” “Your”) and RockRootz Corp India Private Limited (“We,” “Us,” or “Our”) and governs Your use of Application.
If You download, install or even merely visit or access or use any part of the Application, You accept and agree to be bound by this EULA. If You are an individual acting on behalf of an entity, you represent and warrant that You have the authority to enter into this EULA on behalf of that entity. If You do not have such authority, You are solely responsible for your use of the Application. If You do not accept the terms of this EULA, then you are not permitted to install, access, download or otherwise use the Application.
1. LICENSE GRANT.
Subject to your compliance with this EULA, Terms of Use and Privacy Policy, We hereby grant You a personal, limited, non-exclusive, non-transferable, non-sublicensable (in whole or in part, in any form, whether modified or unmodified), revocable, royalty-free, license to download, install, access and use the Application (in object code form only) for your personal use, in the specific configuration and for the time period (which may be perpetual).
2. LIMITATIONS.
2.1. Compliance.
You agree that You shall comply with (a) all instructions and requirements in the Application, Terms of Use, Privacy Policy, user guides, security best practices and policies, and other documentation that we provide or make available to You in connection with the Application (the “Documentation”); and (b) all applicable local, state, national, and international laws and regulations (as each of these may be amended or modified from time to time) (“Applicable Laws”) with respect to Your use of the Application.
2.2. Restrictions.
Except as expressly permitted by this EULA, You shall not and shall not encourage, assist or authorize any other person to: (a) incorporate any portion of the Application into Your own programs or compile any portion of the Application in combination with Your own programs; (b) sell, re-sell, rent, lease, lend, loan, distribute, act as a service bureau or managed service, publicly communicate, transform, or sublicense the Application or otherwise assign any rights to the Application in whole or in part to any third party; (c) modify, alter, tamper with, repair, or otherwise create derivative works of the Application; (d) reverse engineer, disassemble, or decompile the Application or apply any other process or procedure to derive the source code of any software included in the Application or to otherwise determine or attempt to determine how the Application works or operates; (e) use the Application to process, transmit or otherwise make available any content that infringes or misappropriates the intellectual property or proprietary rights of any third party, or without an appropriate license, permission or certification (including as may be required by Applicable Laws); (f) use the Application to create additional software that replicates the functionality of, or is intended to replace, the Application; (g) disable or circumvent, or attempt to disable or circumvent, any technological mechanisms or measures intended to prevent, limit or control use or copying of, or access to, the Application. You will not use the Application with any software or other materials that are subject to licenses or restrictions (e.g., open-source software licenses) that, when combined with the Application, would require Us to disclose, license, distribute or otherwise make all or any part of the Application available to anyone, or grant others any rights to modify the Application. You will not remove, modify, or obscure any copyright, patent, trademark or other proprietary or attribution notices on or in the Application. You shall not make copies of the Documentation unless expressly authorized by Us in writing (email to suffice).
2.3. Update, Maintenance and Support
We will provide updates and maintenance on the Application on an as needed basis. We have no obligation to provide support services to the Application.
3. RESERVATION OF RIGHTS.
The Application is owned by Us. The structure, organization, and code of the Application are Our valuable trade secrets and constitutes our confidential information. You acknowledge and agree that title to the Application and all copies thereof, including all industrial and intellectual property rights (including the exclusive rights of economic exploitation), copyright, trade secrets and patent rights, are exclusively owned by Us. The Application is protected by Applicable Laws, including without limitation copyright laws, moral rights or other intellectual property rights and international treaty provisions. Except for the rights explicitly granted to You in this EULA, all right, title and interest in the Application are reserved and retained by Us. You hereby acknowledge and agrees that all rights, title and interest in and to the Application, including but not limited to all hardware, software and other components required for such purpose, and all related intellectual property rights, will remain with and belong exclusively to Us at all times. You do not acquire any intellectual property or other rights in the Application as a result of downloading, installing, accessing or using the Application.
4. SUGGESTIONS.
If You elect to provide any suggestions to Us, We shall be entitled to use the suggestions without restriction. We shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Application, or otherwise use any suggestions, enhancement requests, recommendations or other feedback it receives from You.
5. TERMS AND TERMINATION
This EULA is perpetual or until:
5.1. automatically terminated or suspended if You fail to comply with any of the terms and conditions set forth in this EULA and/or Terms of Use and/or Privacy Policy; or
5.2. terminated or suspended by Us, with or without cause.
In the event of this EULA is terminated, you shall cease use of the Application and destroy all copies of the Application, if any.
6. DISCLAIMER:
THE APPLICATION IS NOT WARRANTED TO BE ACCURATE OR CORRECT AND, EXCEPT FOR ANY REPRESENTATIONS OR WARRANTIES CONTAINED HEREIN, THE APPLICATION IS OFFERED ON “AS IS” AND “AS AVAILABLE” BASIS. THE APPLICATION IS INTENDED FOR PERSONAL AND INTERNAL PURPOSES ONLY. YOUR USE OF OR RELIANCE UPON THE APPLICATION AND ANY THIRD-PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE OR ANY DEVICE(S) ATTACHED TO IT. FURTHERMORE, WE MAKE NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS AND/OR THE APPLICATION AND ITS SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, ACCURATE, RELIABLE OR SECURE. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, WE MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AUTHENTICITY AND/OR ACCURACY OF DATA, RESULTS OF USE, RELIABILITY, TITLE, INFRINGEMENT OF THIRD-PARTY RIGHTS, INTERFERENCE WITH QUIET ENJOYMENT AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
7. LIMITATION OF LIABILITY.
7.1. We shall not be liable to You for any loss of profit, production, anticipated savings, goodwill or business opportunities or any type of direct or indirect, incidental, special, economic, compensatory, punitive, exemplary or consequential losses arising out of performance or non-performance of Our obligations under this EULA.
7.2. This limitation applies to (a) anything related to the Application, services, content (including code) on third party internet sites, or third-party applications; and (b) claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, or other tort; or any other claim; in each case to the extent permitted by Applicable Law.
7.3. It also applies even if We knew or should have known about the possibility of the damages.
8. INDEMNITY
You, at your own expense, shall indemnify, defend, and hold harmless Us, Our subsidiaries, affiliates and assigns, and Our and their directors, officers, employees and agents from and against any third-party claim, loss, demand, cause of action, debt or liability, including attorneys’ fees, arising out of or related to: (i) any actual, alleged, or contributory patent or copyright infringement, misappropriation of confidential information or violation of other intellectual or proprietary rights or licenses, including, without limitation, trademark or trade secret rights provided under this EULA; (ii) any breach or alleged breach of the representation and warranties; and (iii) any act, omission or commission, negligence or failure to comply with its obligations under this EULA.
9. GOVERNING LAW AND JURISDICTION
This EULA shall be construed and governed in accordance with the laws of India. Any dispute arising out of or with respect to this EULA between You and Us shall be solely adjudicated by the competent court of Hyderabad, India. You and Us consent to the venue and jurisdiction of such court for purposes of any such dispute.
10. SEVERABILITY
Should any term of this EULA be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
11. ASSIGNMENT
You will not assign or otherwise transfer this EULA, or any of your rights and obligations under this EULA, without our prior written consent of Us. Any assignment or transfer in violation of this Clause 11 shall be void. Subject to the foregoing, this EULA shall be binding upon, and inure to the benefit of, the parties and their respective permitted successors and assigns.
12. AMENDMENT
We may amend this EULA at any time in Our sole discretion by posting the revised terms at Application or within an update or upgrade of the Application. Your continued use of the Application after the effective date of the amended EULA evidences your agreement to be bound by it. If You do not agree to a change, You must stop using the Application and terminate this EULA.
13. MISCELLANEIUS
If You are subject to Our Application Terms of Use or other written agreement between you and Us governing your use of Application, as may be updated by Us from time to time, in the event of any conflict or inconsistency among the terms and conditions of this EULA and the Terms of Use, such conflict or inconsistency will be resolved by the interpretation placed by the Company and same shall be final and binding on you.
14. FORCE MAJEURE
We shall not be liable for any delay or failure to perform any obligation under this EULA where the delay or failure results from any cause beyond its reasonable control, including acts of God, labour disputes or other industrial disturbances, electrical or power outage, utilities or other telecommunications failures, pandemic, epidemic, lock-down, earthquakes, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
15. NO WAIVER
The failure of Us to enforce any rights hereunder or to take action against You in the event of any breach hereunder shall not be deemed a waiver by Us as to subsequent enforcement of rights or subsequent actions in the event of future breach.
16. SURVIVAL
Any and all obligations under this EULA which, by their very nature, should survive the termination of this EULA, will so survive including but not limited to the rights and obligations under 5 (Term and Termination), 7 (Limitation of Liability), 8 (Indemnity) 9 (Governing law and Jurisdiction), 10 (Severability), 16 (Survival), and 17 (Entire Agreement).
17. ENTIRE AGREEMENT
This EULA, and any other terms We may provide for supplements, updates, or third-party applications, is the entire agreement for the Application.
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