Commercial Product License Agreement
READ CAREFULLY BEFORE INSTALLING AND USING THE SOFTWARE
TERMS AND CONDITIONS FOR THE USE OF THE SOFTWARE
Please read this agreement carefully. These terms and conditions constitutes a binding legal agreement between you ("You"/"End User") and Modular Infotech Private Limited (“Licensor”), and establishes the terms and conditions by which you are permitted to install and use the Software and related items as per product specifications of Modular Property. By downloading, installing and/or using the Software Application, you confirm that you have read, understand and agree to be bound by the terms of this agreement. If you are entering into this agreement on behalf of your employer, or your client (and you have the legal authority to sign contracts on their behalf), then “you” refers to that entity. If not, then this agreement binds you personally. This agreement does not create third party beneficiary rights for any parties. If you do not agree to the terms of this agreement, do not install the Licensed Software.
To enter into this Agreement, you must be (i) eighteen (18) years of age or older, and (ii) be able to form binding contracts under the laws applicable to you. By completing your purchase and installing the software, you are representing and warranting that both (i) and (ii) above are correct.
Company – means Modular Infotech Private Limited
End User/ Customer – means the person who is the ultimate user (hereinafter referred to as end user) of the software and who has paid the amount for one (or more) copy/(ies) of the executable software contained on the media/(s) of supply Software (hereinafter referred to as software or software package) – means one (or more as case may be) media containing the executable program of the specified version and configuration with its associated resources such as but not limited to fonts, contained either on the media packed in a shrink-wrapped box with the MRP displayed on the box or made available on Company website for download.
Media – means the media of supply of the software such as (but not limited to) CD(s) / DVD(s) / USB pen-drive – cum lock etc.
He – for the purpose of these Terms and Conditions, the nomenclature ‘he’ shall include ‘she’, ‘it’, 'they'.
- Order Process:
- Customer can order software either on media or can download it through Company’s website.
- In case customer prefers software to be supplied on Media, then all the terms and conditions related to Media shall become applicable.
- To purchase the software through our website, following steps must be taken: You must add the software programs you wish to purchase to your shopping cart, and then proceed to the checkout. If you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details. Once you are logged in, you will be transferred to our payment service provider’s website and our payment service provider will handle your payment. We will then send you an initial acknowledgement; and we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
- Payment and Taxes:
In contemplation of the rights granted hereunder, Customer shall pay the fees or amounts to the Company as may be prescribed on Company’s website.
- The end user shall use the software after making the payment as per invoice, by installing the software on a single computer (or if he has paid for multiple copies of the software, he is entitled to use them on the multiple computers commensurate with the amount paid).
- Customer warrants that it has access to the necessary computer systems, media systems, software and network connections to receive and enjoy the benefits of software program.
- In case the Customer downloads the software through website then he will be provided with password and activation key for registering the product.
- If customer purchases software on media, then he may be required to register the software (stating the product serial number) after its installation on the computer, and before it can be used, by e-mail / electronically on web-site as per guidelines given in the user manual accompanying the software / provided in electronic form on the USB Pen drive cum lock / DVD(s) / CD(s). On such successful registration, the end-user will be provided with the activation-key, which may be required to use the software by the end-user on the computer on which it has been installed.
- Customer can install software only on a single computer. He can create a single back up copy of software.
- If the customer wants to transfer the software on another computer / wants to scrap the existing computer & install on new computer then:
- The customer will have to inform the Company via registered email about his / her requirement along with the software serial no & password being used.
- Company’s support person will take the customer’s machine remotely where the software is installed & allow him the software access on another / new machine.
- Such reinstallations will be done three times within five years from the date of purchase of the software subject to the issuing an email by the customer before destroying / scrapping of the old computer.
No software will be transferred / installed on another machine if the computer is scrapped before contacting the Company.
If the computer on which the software installed is stolen / lost / burnt, then no additional password will be provided.
- Usage Policy:
- USB Pen drive / Lock: A registered customer can use the package where the USB Pen drive / dongle is connected to the machine & the software is installed.
- Electronic Lock / Soft Lock: An Electronic Lock or Soft Lock is machine dependent lock where the password gets generated based on the machine’s configuration by using serial no & key provided along with the product. This is a non-transferable Electronic lock.
- Floating Software Lock: It is Internet based software lock where a registered customer can Log in & use the software on any machine where the software is installed. Its usage is limited by number of software copy/ies purchased.
- Prohibited Uses:
- No part of the related documents including the User Manual(s) shall be copied, in part or in whole, by any means whatsoever. Some type of the software supplied may be on a USB Pen drive cum lock / DVD(s)/CD(s) with at least ONE installation count in electronic lock / digital pass. In this case the software may be possible to be uninstalled and the count restored. Company at its sole discretion may provide more than ONE count, but the software is authorized for use only on one computer. If the count or counts in the installation electronic lock / digital pass are lost due to the hardware failure of the computer, such count will not be restored by MODULAR INFOTECH PVT. LTD. wherever applicable.
- The end user is prohibited from -
- Making one or more copies of the software, duplicating the software and / or using / transferring the copies to any party or other computer.
- Attempting to disassemble, decompile, or reverse engineer and re-create the Software in any way.
- Selling, granting licenses, leasing or other rights for copy (ies) of the software to one or more parties.
- Giving / gifting / selling / transferring by any means copy/ (ies) of the software to one or more parties.
- Use of software in advertising and broadcasting for its commercial purpose. If end user uses this software for advertising and broadcasting such as exhibition or display on television or on cable television, newspapers etc. or as a part of any works broadcast or transmitted on the Internet, end user will be required to obtain special license at additional fees.
- The embedding of software in PDF documents, Flash documents, and other digital documents is allowed only in a secured, read-only mode, provided that the extraction of the Fonts is prohibited. Notwithstanding any other terms and conditions of this contract, embedding of the software in other software or devices or in any other form whatsoever shall require the purchase of and shall be governed by separate license agreement.
- Intellectual Property Rights:
- Company at all times retains the ownership, copyrights, trademarks, IPR of the original software and has sold only 1 media to the end user containing one copy of the executable software and the sale of 1 copy is NOT a SALE of the IPR / ownership / copyright / trademark and other such rights if any, of the software, but only a transfer of the CD / DVD / media containing the executable version of the software along with the hardware / password lock accompanying the software.
- Company shall remain the owner of software and designs embedded therein. By way of sale of this Software, Company grants limited rights to use the software only, no permanent or ownership rights are granted as a part of this contract herein. The USB Pen drive cum lock / DVD(s)/CD(s) may be required to be present in the USB port/CD/DVD drive of the computer for the software to run on the computer, or may be required to be present in the USB port/CD/DVD drive of the computer at initial start-up. In all cases, the end user is entitled to use the software only on one computer at a time. If the software supplied is meant to work on a network, the end user is entitled to use only for those many nodes specified in the invoice, and commensurate with the amount paid.
- Updates & Upgrades: MODULAR INFOTECH PVT. LTD. is under no obligations to supply any subsequent (Free or paid) Update(s) / Upgrade(s) / new Version(s) of the software supplied in this package. Updates or upgrades of packaged software can be downloaded from company website, if they are made available at free of cost.
- Warranty for the software product:
- Though reasonable efforts have been taken to produce the software of the highest quality, the software is supplied on 'AS IS' basis without warranty of any kind, expressed or implied including without limitation, implied warranties of merchantability or fitness for a particular purpose. Neither Company, nor its contractor / dealer / distributor shall be held responsible for any loss, cost, or expense incurred in the use of, repair to or servicing of the software. All specifications of the software as mentioned in the manual are subject to change (without notice) for the software, which is actually supplied. Company gives no warranty whatsoever for any third-party software / fonts accompanying the software supplied by Company.
- If Company has supplied any USB Pen drive cum lock/electronic lock (internal/external/dongle) / digital pass with the software, the period of warranty for the USB Pen drive cum lock / electronic lock / digital pass is SIX months from date of supply by the Company. If the USB Pen drive cum lock / electronic lock / digital pass develops any defect in this period, it will be repaired/replaced free of charge by Company. For this, the defective USB Pen drive cum lock / electronic lock / digital pass needs to be sent to the Company freight pre-paid. Only on receipt of such defective USB Pen drive cum lock / electronic lock / digital pass, a new USB Pen drive cum lock / electronic lock / digital pass or repaired USB Pen drive cum lock / electronic lock / digital pass at the sole discretion of the Company will be sent to the end user. In any and all cases of USB Pen drive cum lock / electronic Lock / digital pass becoming defective, Company or their contractor / dealer / distributor will not be responsible for any damage if any caused to other parts of the computer. The warranty for the USB Pen drive cum lock / electronic Lock / digital pass will be NULL and VOID if it is found by Company that the USB Pen drive cum lock / electronic lock / digital pass has become defective due to negligence of the end user, or if the USB Pen drive cum lock / electronic lock / digital pass has been tampered with, or by any calamity, flood, fire, any natural or man-made disaster, theft or reasons beyond control of Company.
- Limitation of Liability for the Company:
- Any breach of the terms of this Agreement shall be cause for termination. In such event, End User shall be responsible to indemnify Modular Infotech Pvt.Ltd. for any damages incurred by Modular due to such termination.
Neither Company nor anyone else who has been involved in the design, development, production, or distribution of the software shall be liable for any direct, incidental or consequential damage, such as but not limited to loss of anticipated profits or benefits, resulting from the use of the software (and the electronic lock / digital pass, and/or password locking if supplied with the software.)
This Agreement and all rights and obligations under this Agreement shall in all respects be governed by, and construed and enforced in accordance with, the laws of India. The courts in Pune shall have an exclusive jurisdiction over the matters.
YOU (THE END USER) ACKOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTOOD THEM AND ARE BOUND BY THEM. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE TERMS AND CONDITIONS FOR THE TRANSFER OF THE MEDIA CONTAINING THE SOFTWARE WHICH SUPERSEDES ANY PROPOSAL, OFFER, OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND BY ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THESE TERMS AND CONDITIONS.
DESIGNED & DEVELOPED BY:
MODULAR INFOTECH PVT. LTD., 3rd FLOOR, YASHASHREE, 27, SHIVAPRASAD CHS, PANMALA, SINHGAD ROAD, PUNE 411030, INDIA.
By opening this software package, you indicate your acceptance of the TERMS and CONDITIONS for the use of this software. If you do not agree with the Terms and Conditions, you may return the software package to Modular Infotech Pvt Ltd in unopened and unused condition, within seven days for a full refund of your amount paid.