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License Agreement
END USER LICENSE AGREEMENT
NOTICE TO USER:
KINDLY READ THIS AGREEMENT CAREFULLY BEFORE OPENING THE PACKAGE. BY OPENING THIS PACKAGE
YOU (AN INDIVIDUAL OR LEGAL ENTITY) (THE LICENSEE) AGREE WITH RAREFIND ENGINEERING INNOVATIONS
PRIVATE LIMITED (THE COMPANY) TO BE BOUND BY THE TERMS OF THIS AGREEMENT WHICH WILL GOVERN YOUR
USE OF THE SOFTWARE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS YOU MAY NOT DOWNLOAD OR USE
THE SOFTWARE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS YOU AGREE TO RETURN THE SOFTWARE,
ITS PACKAGING AND DOCUMENTATION UNUSED AND INTACT TO YOUR SUPPLIER.
This End User License Agreement is accompanied by Customer Support Tool software product ("Software") and related explanatory written
materials ("Documentation"). This copy of the Software is licensed to you (the Licensee) as the end
user or your employer or another third party authorized to permit your use of the Software.
"You" as used in the remainder of this License Agreement refers to the licensee.
The Software that is being licensed to you is to be utilized/installed on a single computer only.
The "Permitted Number of Computers" as used in the remainder of this License Agreement is one unless
you have proof of purchase which specifies otherwise.
The Company grants to you a non-exclusive license to use the Software and Documentation, provided
that you agree to the following:
1. Use of the Software:
You are permitted to:
(a) Install the Software in a single location on a hard disk or other storage device on a single computer.
(b) Transfer the Software from one Computer to another provided it is used on only one Computer at any one time.
(c) Make one copy of the Software for back-up purpose only, provided your back-up copy is not installed or used on any computer. The back-up copies should also reproduce and include the Company's copyright notice.
(d) Provided the Software is configured for network use, install and use the Software on a single file server for use on a single local area network for either (but not both) of the following purposes:
i. permanent installation onto a hard disk or other storage device of up to Permitted Number of Computers; or
ii. use of the Software over such network, provided the number of different computers using the Software does not exceed the Permitted Number of Computers. For example, if there are 100 computers connected to the server, with no more than 15 computers ever using the Software concurrently, but the Software will be used on 25 different computers at various times, the Permitted Number of Computers for which you need a license is 25.
2. Copyright:
The Copyright in the Software and its associated documentation is owned by the Company, and its
structure, organization and code are the valuable trade secrets of the Company. The Software is also
protected by the Copyright laws of India and other applicable laws.
You may not copy the Software or the Documentation, except as set forth in the "Use of the Software"
section. Any copies that you are permitted to make for back up purpose pursuant to this Agreement must
contain the same copyright and other proprietary notices that appear on or in the Software. You agree
not to modify, adapt, translate, reverse engineer, decompile, create derivative works based on the
whole or any part of the Software or its associated documentation, disassemble or otherwise attempt to
discover the source code of the Software. You shall use the trademarks of the Company only to the
extent as may be permitted by the Company who is the rightful owner of the trademark.
The Company permits you to use the Trademarks only to identify printed output produced by the Software.
Such use of any trademark does not give you any rights of ownership in that trademark.
Except as stated above, this Agreement does not grant you any intellectual property rights in the Software.
3. Transfer:
You may not rent, lease, sublicense or lend the Software or Documentation. You may, however, transfer
all your rights to use the Software to another person or legal entity, with the prior written consent
of the Company, provided that you transfer this Agreement, the Software, including all copies, updates
and prior versions, and all Documentation to such person or entity and that you retain no copies of the
Software or its documentation, including the copies stored on a computer and the back up copies.
4. Additional Terms applicable to Trial, Sample, Tryout or Evaluation Software:
If the product you have received with this license is a Trial, Sample, Tryout or Evaluation software
(hereinafter referred to as Evaluation Software), then the following Section applies until such time
that you purchase a license to the full retail version of such product. To the extent that any provision
in this Section is in conflict with any other term or condition in this Agreement, this Section shall
supercede such other term(s) and condition(s) with respect to the Evaluation Software, but only to the
extent necessary to resolve the conflict.
Subject to the terms and conditions contained herein, you are hereby given a trial license to use this
Software solely for evaluation and demonstration purposes without charge for a period of 30 days maximum
(Evaluation Period). You acknowledge that the Evaluation software may contain limited functionality
and/or operates for a limited period of time.
You may not use the Evaluation Software for any commercial, business, governmental or institutional
purpose of any kind. At the end of the Evaluation Period, further use of the Evaluation Software by you
is prohibited without the purchase of a commercial license. If you do not purchase a license for the
Software at the end of the Evaluation Period, you hereby agree to permanently remove or delete the
Software from all computer systems on which it was installed and destroy any software and documentation
received, including all such files, programs, projects, works, data etc, created/generated by you, using
the said Software, and not to reinstall a new copy of the Evaluation Software. If you desire to continue
to use the Software following the Evaluation Period, you should contact Company or a Company’s authorized
reseller to order commercial licenses to use the Software.
You acknowledge that such Evaluation Software shall cease operation upon the Time Out Date
(expiry of the Evaluation Period as specified above) without any further notice and accordingly,
access to any files or output created with such Evaluation Software or any product associated with the
Evaluation Software is done entirely at your own risk.
THE COMPANY DISCLAIMS ANY WARRANTY OR LIABILITY OBLIGATIONS TO YOU OF ANY KIND FOR EVALUATION SOFTWARE.
6. Confidentiality:
The Software, including its existence and features, is proprietary and confidential information to the
Company. You shall not disclose or provide any of the Software, its documentation, user manual, or any
other information relating to the Software, to a third party without the prior express written permission
of the Company.
7. Term:
This Agreement is effective until you terminate it by destroying the Software and its documentation
together with all copies. It will also terminate if you fail to abide by the terms and condition set
our herein and in the eventuality of the terms of clause 3 taking effect. Upon termination you agree to
destroy all copies, including the back up copies of the Software and its documentation including any
Software on the hard disk of any computer under your control.
8. Support:
The Company's technical support staff will endeavor to answer by E-Mail any queries you may have
regarding the use of the Software or its application for a period of 50 days after purchase of the
Software.
9. Governing Law and General Provisions:
This Agreement will be governed by the laws of India. If any part of this Agreement is found void
and unenforceable, it will not affect the validity of the balance of the Agreement, which shall
remain valid and enforceable according to its terms. The Company reserves the right to bring about
such changes/modifications to the terms and conditions set out herein, necessitated as a result of
any laws rules and regulations as may be found applicable and binding.
10. Jurisdiction:
Disputes if any arising out of the terms and conditions set out herein shall be subject to the
jurisdiction of the courts at Bangalore urban district, Karnataka, India alone.
11. Entire Agreement:
This Agreement constitutes the entire understanding between you and the Company and supersedes all prior
oral or written communication, proposals, representations, warranties, covenants, understandings or
agreements between you and the Company relating to the subject matter of this Agreement.
12. Amendment:
The Company reserves the right to alter/amend these terms and conditions at any time without obtaining
your approval for the same. The amended terms and conditions will be incorporated in these terms and
conditions. No separate notice will be sent to you for any amendment of these terms and conditions.
RareFind Engineering Innovations
Copyright (C) 2003 RareFind Engineering Innovations Private Limited. All Rights Reserved.
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