END USER LICENCE AGREEMENT AND PRIVECY POLICY
IMPORTANT – READ THESE TERMS CAREFULLY (A TO E) BEFORE DOWNLOADING, INSTALLING OR USING THIS SOFTWARE. BY DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT DOWNLOAD OR INSTALL THIS SOFTWARE.
A. Grant of Software License for Free Trial Period
Subject to the terms and conditions and except as otherwise provided in this License Agreement, IK-ESH does not grants to you license to evaluate IK-ESH software, modules, and feature(s) (the "Software"). The software will be activated only after your acceptance of this agreement. There is no Free Trial Offer.
As used herein the "Software" is subject to licenses, you do not have any rights in or to the Software except as expressly granted in this License Agreement. IKESH SOLUTIONS retains all copyright, trademarks, patent, and other intellectual property rights to the Software. You acknowledge that the Software, all copies of the Software, any derivative works, compilations, and collective works of the Software, and any know-how and trade secrets related to the Software are the sole and exclusive property of IKESH SOLUTIONS and contain IKESH SOLUTIONS's confidential and proprietary materials.
B. General Limitations
Except as otherwise expressly provided under this License Agreement, You shall have no right, and You specifically agree not to:
i. Utilize the Software beyond the applicable Term;
ii. Transfer, assign or sublicense Your license rights to any other person, and any such attempted transfer, assignment or sublicense shall be void;
iii. Provide, divulge, disclose, or make available to, or permit the use of the Software by any third party;
iv. Sell, resell, license, sublicense, distribute, rent or lease the Software or include the Software in a service bureau or outsourcing offering;
v. Make error corrections to or otherwise modify or adapt the Software or create derivative works based upon the Software, or to permit third parties to do the same;
vi. Decompile, decrypt, reverse engineer, disassemble or otherwise reduce the Software to human-readable form, or to permit third parties to do the same;
vii. Circumvent or disable any features or technological protection measures in the Software
C. Limited Warranty & Limitation of Liability
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ALL EXPRESS, IMPLIED OR STATUTORY CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. NEITHER 'IKESH SOLUTIONS' NOR ITS LICENSORS SHALL BE LIABLE FOR YOUR ACTION, OR FAILURE TO ACT, IN RELIANCE ON ANY INFORMATION FURNISHED AS PART OF THE SOFTWARE. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE SECURITY OF YOUR NETWORK AND COMPUTER SYSTEMS. NEITHER 'IKESH SOLUTIONS' NOR ITS LICENSORS REPRESENT, WARRANT, OR GUARANTEE THAT (A) SECURITY THREATS, MALICIOUS CODE AND/OR VULNERABILITIES WILL BE IDENTIFIED, OR (B) THE CONTENT WILL RENDER YOUR NETWORK AND SYSTEMS SAFE FROM MALICIOUS CODE, VULNERABILITIES, INTRUSIONS, OR OTHER SECURITY BREACHES, (C) EVERY VULNERABILITY ON EVERY TESTED SYSTEM OR APPLICATION WILL BE DISCOVERED
PRIVECY WILL BE MAINTAINED AND DATA OR DATABASE WILL NOT BE SHARED TO ANYONE WITHOUT YOUR PRIOR APPROVAL BY “IKESH SOLUTIONS” TO ANY PARTY.
IN NO EVENT WILL 'IKESH SOLUTIONS' OR ITS LICENSORS BE LIABLE TO YOU OR YOUR EMPLOYEES, OR ANY THIRD PARTY, FOR ANY LOST REVENUE, PROFIT, OR DATA, BUSINESS INTERRUPTION, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF 'IKESH SOLUTIONS' HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL 'IKESH SOLUTIONS' BE LIABLE TO YOU, WHETHER IN CONTRACT, WARRANTY OR TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, EXCEED THE FEE PAID BY YOU.
D. Term and Termination
This License Agreement is effective until terminated or the end of the Term. You may terminate this License Agreement at any time (i) by destroying all copies of Software, related documentation, analysis data and report and purging same from memory devices (required at the end of a Term). Your rights under this License Agreement will terminate immediately without notice from 'IKESH SOLUTIONS' if You fail to comply with any provision of this Agreement. Upon any termination, You must destroy all copies of Software and related documentation and purge same from memory devices. All provisions of this License Agreement relating to disclaimers of warranties, limitation of liabilities, remedies, damages protection of information and shall survive termination. There will be no refund in any cash or kind for termination made by the you.
1. THIS LICENSE AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE INDIA.
2. LICENCE TERM FOR THE SOFTWARE SHALL BE DECIDED BY OWNER OF IKESH SOLUTIONS ONLY.
3. THE SOFTWARE “IK-ESH” ALSO CALLED “IKESH” IS THE WHOLE PROPERTY OF IKESH SOLUTIONS.
4. THE NAME “IK-ESH” IS THE REGISTERED TRADENAME OF IKESH SOLUTIONS.
5. OWNER OR SOFTWARE COMPANY OR SUPPLIER SHALL NOT BE HELD RESPONSIBLE FOR LOSS TO ANY PERSON OR LICENCEE DUE TO ANY HACKING / DISTORTION / CURRUPTION OF SOFTWARE.
6. PRICING OR CHARGES FOR THE LICENCE FOR THE SOFTWARE IS WHOLE DISCRETION OF THE OWNER OR ITS AUTHORISED REPRESENTATIVE.
7. ALL RIGHTS ARE RESERVED WITH THE OWNER OF IKESH SOLUTIONS.
8. OFFER FOR DISCOUNT ON REFERENCE MADE BY “LICENCEE” ON SUCCESSFUL RECOMMENDATIONS SHALL BE THE WHOLE DISCRETION OF THE OWNER OF IKESH SOLUTIONS.
9. ANY CHANGE IN OFFERS OR DISCOUNTS IS THE WHOLE DISCRETION OF OWNER OF IKESH SOLUTIONS.
10. OWNER OR ANY REPRESENTATIVE OF IKESH SOLUTIONS DO NOT GUARANTEE FOR THE PROFIT AND LOSS FOR THE BUYER OF SOFTWARE “LICENCEE”.
11. OWNER OR ANY REPRESENTATIVE OR IKESH SOLUTIONS DO NOT GUARANTEE FOR THE ERRORS AND OMMISSIONS IN THE SOFTWARE.
12. OWNER OR ANY REPRESENTATIVE OR IKESH SOLUTIONS DO NOT ENTERTAINS FOR ANY COMPENSATION OR CLAIMS AGAINST THE WORKING OF THE SOFTWARE.
13 . OWNER OR ANY REPRESENTATIVE OR IKESH SOLUTIONS IS NOT LIABLE FOR ANY ILLIGAL ACTIVITIES (IF ANY) DONE THROUGH THE SOFTWARE BY LICENCEE OF ANY OTEHR PARTY RELATED OR UNRELATED TO LICENCEE.
14. ONLY ONE BUYER PARTY “LICENSEE” SHALL BE ELIGIBLE FOR THE SUCCESSFUL RECOMMENDATIONS. FINAL RIGHT TO DECIDE LIES ONLY WITH THE OWNER OF IKESH SOLUTIONS.
15. ANY DISPUTE IS SUBJECT TO MOGA JURISDICTION ONLY.
16. ANY UNDIRECTED COPYING, ANY DISTORTION IN ANY MEANS OR ATTEMPT TO CURROPT THE SOFTWARE WITHOUT THE PERMISSION OF OWNER IF STRICTLY AGAINST THE LAW AND SHELL BE MADE PUNISHABLE UNDER INDIAN PANEL CODE.
17. IF LICENSEE DECIDES TO USE HIS OWN PRIVATE SERVER THEN HE AND ONLY HE SHALL RE HELD RESPONSIBLE FOR ANY TYPE OF CORRUPTION / DISRUPTION / HACKING OF THE SOFTWARE.