End-User License Agreement for KRYSTAL™ Document Management products ("Software")
Copyright (c) 2001-2014. Primeleaf Consulting [P] Ltd
All Rights Reserved.
BY DOWNLOADING AND/OR IMPLEMENTING THIS SOFTWARE YOU AGREE TO THE FOLLOWING LICENSE:
Definitions: "You" and "LICENSEE" refers to the person, entity or organization which is using the “Software” known as "KRYSTAL™ Document Management System", and any successor or assignee of same.
AGREEMENT: After reading this agreement carefully, if you ("Customer") do not agree to all of the terms of this agreement, you may NOT use this Software. Unless you have a license agreement signed by Primeleaf Consulting [P] Ltd. that covers this copy of the Software, you are NOT allowed to use this Software. Acceptance of this agreement indicates your acceptance of this agreement and all articles describe herein. All updates to the Software shall be considered part of the Software and subject to the terms of this Agreement. Changes to this Agreement may accompany updates to the Software, in which case by installing such update Customer accepts the terms of the Agreement as changed. The Agreement is not otherwise subject to addition, amendment, modification, or exception unless in writing signed by an officer of both Customer and Primeleaf Consulting [P] Ltd. This Software is owned by Primeleaf Consulting [P] Ltd. and is protected by national copyright laws and international copyright treaties.
1. GRANT OF LICENSE AND PROHIBITIONS. This Software is licensed to you. You are not obtaining title to the Software or any copyrights. You may not sublicense, rent, lease, convey, modify, translate, convert to another programming language, decompile, or disassemble the Software for any purpose. The license may be transferred to another if you keep no copies of the Software. Permission must be obtained before mirroring or redistributing the evaluation copies of the Software. You may not convert Software or its parts to a different computer language or environment, either manually, or using an automated conversion tool, such that Software or any modification thereof will run under any language, software, or program other than implemented by Primeleaf Consulting [P] Ltd.. You agree that any modifications made to Software belong to Primeleaf Consulting [P] Ltd. and are permitted for your exclusive use during the period of this License Agreement, and may not be transferred, sold or licensed to another entity.
2. USE. You may only use the Software for only those computers, modules and users that are licensed through the signed license agreement.
3. LIMITED WARRANTY. THE SOFTWARE IS PROVIDED AS IS AND PRIMELEAF CONSULTING [P] LTD. DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
4. LIMITATION ON CONSEQUENTIAL DAMAGES. NEITHER PRIMELEAF CONSULTING [P] LTD. NOR ANYONE INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE EVEN IF YESSOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. IN NO EVENT SHALL PRIMELEAF CONSULTING [P] LTD.'S LIABILITY FOR ANY DAMAGES EXCEED THE PRICE PAID FOR THE LICENSE TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF CLAIM. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. IN NO EVENT WILL PRIMELEAF CONSULTING [P] LTD BE LIABLE FOR ANY AMOUNT GREATER THAN WHAT YOU ACTUALLY PAID FOR THE SOFTWARE.
5. TERMINATION. This Agreement is effective until terminated. This Agreement will terminate automatically without notice from Primeleaf Consulting [P] Ltd. if you fail to comply with any provision of this Agreement. Upon termination you shall destroy the written materials and all copies of the Software, including modified copies, if any. You agree that monetary damages alone is not an adequate and just relief resulting from any breach of this Agreement, that a court order prohibiting any further breach of this Agreement is necessary to prevent further damages, and that you will not oppose any reasonable request for a temporary restraining order, preliminary injunction, or other relief sought by Primeleaf Consulting [P] Ltd. in the event of a breach of this Agreement. Primeleaf Consulting [P] Ltd. shall not be required to notify you of any breach, nor make any demand or claim against you resulting from any such breach, or for a demand to stop any use or distribution in violation of the terms of this Agreement, and you agree that any breach of this Agreement and damages resulting there from shall relate back to the first and earliest breach thereof. Failure of Primeleaf Consulting [P] Ltd. to enforce its rights pursuant to this agreement shall not constitute a waiver of such rights, and shall not prejudice Primeleaf Consulting [P] Ltd. in any later enforcement of its rights or rights to seek damages there from.
6. UPGRADES. If you acquired this Software as an upgrade of a previous version, this Agreement replaces and supersedes any prior Agreements. You may continue to use the previous version of the Software, provided that both the previous version and the upgrade are installed on the same computer at all times. You may not have a previous version and the related upgrade version installed on separate computers at any time.
7. GOVERNING LAW. The agreement shall be governed by the laws of Republic of INDIA. Any action or proceeding brought by either party against the other arising out of or related to this agreement shall be brought only in a court of competent jurisdiction located in Mumbai, INDIA. The parties hereby consent to the personal jurisdiction of such courts.
Primeleaf Consulting [P] Ltd.,
#29,784/785 Hendre Castle,
D.S.Babrekar Marg,
Dadar (West)
Mumbai 400 028,
India
<http://www.primeleaf.in>
<http://www.krystaldms.in>
No comments:
Post a Comment