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IMPORTANT:
PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY
BEFORE USING THE SOFTWARE. K7 COMPUTING PRIVATE LIMITED ("K7 COMPUTING")
IS LICENSING THE K7 COMPUTING SOFTWARE PRODUCT IDENTIFIED ABOVE WHICH
INCLUDES COMPUTER SOFTWARE AND MAY INCLUDE ASSOCIATED MEDIA, PRINTED MATERIALS
AND ONLINE OR ELECTRONIC DOCUMENTATION (‘SOFTWARE’) TO YOU
(AN INDIVIDUAL / COMPANY OR THE LEGAL ENTITY THAT WILL BE UTILIZING THE
SOFTWARE) (REFERENCED BELOW AS "YOU OR YOUR") ONLY ON THE CONDITION
THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT.
THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND K7 COMPUTING.
BY PURCHASING THE SOFTWARE IN ANY MANNER OR OPENING THE SHRINK WRAP ON
THE BOX OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE
SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This is a single copy software license granted by K7 Computing,
licensed to you as an end user of the Software.
1. License:
The Software that accompanies this license is
the property of K7 Computing and is protected by the Indian Copyright
law. While K7 Computing continues to own the Software, you will have the
right to use the Software in terms of this License Agreement. This license
governs any releases, revisions, or enhancements to the Software that
K7 Computing Private Limited may furnish to you unless k7 Computing provides
a further list of terms and conditions along with such updated versions
of the Software.
Your rights and obligations with respect to the use of
this Software are as follows:
a. You may use this Software along with its license key
only on as many computers as indicated on the product package.
b. You may make one copy of the Software for archival
purposes, or copy the Software onto the hard disk of your computer and
retain the original for archival purposes.
Such copy shall include al component parts, media, printed materials and
this Agreement and if required by K7 Computing, you
shall obtain a certificate of authenticity for all such copies of the
Software.
c. You may copy the printed documentation that accompanies
the Software.
d. You may not sublicense, rent or lease any portion
of the Software; you may not reverse engineer, decompile, disassemble,
modify, translate, attempt to discover the
source code of the Software, or create derivative works from the Software.
e. You may not use the Software in any manner not authorized
by this license.
f. K7 Computing reserves all rights not expressly granted
to you under this License Agreement;
g. You may not disclose the results of any benchmark
test of the Software to any third party without the prior written consent
of K7 Computing.
2. Termination. Without prejudice to any other rights
available in law and in equity, K7 Computing may cancel / terminate this
Agreement if you do not abide by the terms and conditions of this Agreement,
in which case you must destroy all copies of the Software and all of its
component parts.
3. Data. You agree that K7 Computing and its affiliates may collect
and use technical information you provide as a part of the support services
related to the Software. K7 Computing agrees not to use this information
in a form that personally identifies you.
4. Applicable Laws. You acknowledge that the Software is of Indian
origin. You agree to comply with all national and International laws applicable
to the Software including any end user, end use and destination restrictions
if any applicable to the use of the Software.
5. Limited Warranty:‘K7 Computing Private Limited warrants that
the media on which the Software is distributed will be free from defects
for a period of thirty (30) days from the date of delivery of the Software
to you. Your sole remedy in the event of a breach of this warranty will
be that K7 Computing Private Limited will, at its option, replace any
defective media returned to K7 Computing Private Limited within the warranty
period.’
Any updates to the Software provided after expiry of the 30 days warranty
period are not covered by any warranty or condition, express, implied
or statutory.
K7 Computing Private Limited does not warrant that the Software will meet
your requirements or that operation of the Software will be uninterrupted
or that the Software will be error-free. This limited warranty is void
if failure has resulted from accident, abuse, misapplication, abnormal
use of the Software or a virus. Any replacement (at the option of K7 Computing)
will be warranted for the remainder of the original warranty period.
Except for the Limited Warranty and to the maximum extent permitted by
applicable law, K7 Computing and its suppliers provide the Software AS
IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions,
either express, implied or statutory, including, but not limited to, any
(if any) implied warranties, duties or conditions of merchantability,
of fitness for a particular purpose, of accuracy or completeness of responses,
of results, of workmanlike effort, of lack of viruses and of lack of negligence,
in respect of the Software and the provision of or failure to provide
support services.
THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION,
CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
6. Disclaimer of Damages:
UNDER NO CIRCUMSTANCES IS K7 COMPUTING LIABLE TO YOU
FOR RECOVERY OF INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, OR TORT (INCLUDING
NEGLIGENCE), ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE OF THE
SOFTWARE INLCUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR
CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL
INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF
GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY
OR LOSS OF DATA OR PROFITS, EVEN IF K7 COMPUTING HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING
A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST
EXTENT PERMITTED BY LAW. IN NO CASE SHALL THE LIABILITY OF K7 COMPUTING
PRIVATE LIMITED EXCEED THE PURCHASE PRICE FOR THE SOFTWARE.
7. Applicable Laws. This Agreement shall be governed and construed in
accordance with the laws of India and you agree to submit yourself to
the exclusive jurisdiction of the courts in India.
8. General:
This Agreement between you and K7 Computing Private Limited
relating to the Software supercedes all prior or contemporaneous oral
or written communications, proposals and representations with respect
to its subject matter; and prevails over any conflicting or additional
terms of any quote, order, acknowledgment or similar communications between
the parties. This Agreement shall terminate upon your breach of any term
contained herein and you shall cease use of and destroy all copies of
the Software. The disclaimers of warranties and damages and limitations
on liability shall survive termination. This Agreement may only be modified
by a written document, which has been signed by both you and K7 Computing
Private Limited.
Should you have any questions concerning this Agreement, or if you desire
to contact K7 Computing Private Limited for any reason, please write to:
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