End User License Agreement (EULA)
General
EULA (End User License Agreement) last updated on 11th June 2017, click to read change summary
This License Agreement details the policy for license of PEASx Technologies Private Limited, PEASx range of products ("Licensed Software") on the following topics:
please read the following license carefully, before either (i) completing the electronic order or download of the Licensed Software from an authorized website, or (ii) installing the Licensed Software from media that was delivered after being ordered by alternative order process, as applicable. You acknowledge that you have read this License Agreement, have understood it, and agree to be bound by its terms. If you do not agree to the terms and conditions of this Agreement, exit the web site page without continuing the ordering process.
Evaluation License
PEASx grants to you a non-exclusive, non-transferable, Evaluation License for trial and evaluation of the Licensed Software, in binary object code form, for a period of thirty (30) days from the date of download or installation. This License begins upon downloading or installing the Licensed Software and ends thirty (30) days thereafter ("Evaluation Period"). If you are not willing to use the Licensed Software, after the Evaluation Period, delete all the copies installed in your computer with immediate effect. You are forbidden from using the Licensed Software for any other use or otherwise offering it for resale under the terms of this Section 1. PEASx retains all rights not specifically granted to you herein.
Commercial License
(a) First year Software License: As part of your choosing to license the Licensed Software, PEASx grants you a fee-bearing, non-exclusive, non-transferable, world-wide license to Use the Licensed Software for 1 year from the date of license activation, including user documentation that you have downloaded from or received on media provided by PEASx or its partners, including all updates provided through the annual license renewal, where applicable, provided that such access and Use of the Licensed Software is in accordance with the Node Locked License granted by PEASx. "Use" means storing, loading, installing, executing or displaying the Licensed Software. "Node Locked License" means that one copy of the Licensed Software can be installed only on one machine.
(b) Annual License Renewal (ALR): To continue using the Licensed Software beyond one year, you must renew your license every year at least 10 days before the expiry of the term. If otherwise, PEASx software will expire and late payment charges will apply in addition to renewal
(c) Information We collect from you: As part of the installation, registration and software usage process PEASx will collect information like contact person, mobile number, mail address, business name & address. This information will be uploaded to PEASx CRM (Customer Relationship Management) to serve you better. You agree to provide true, accurate, current and complete information to help PEASx serve you better.
Third Party Products
The Licensed Software may contain software which originated with third party vendors and without limiting the general applicability of the other provisions of this Agreement, you agree that (a) the title to any third party software incorporated in the Licensed Software shall remain with the third party which supplied the same; and (b) you will not distribute any such third party software available with the Licensed Software, unless the license terms of such third party software provide otherwise.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not
PEASx Assure Care Services
PEASx provides support that includes response to tickets raised in myPEASx app, requests from live chat from Licensed Software and from myPEASx app, email support for problem reporting, remote support for problem resolution, product updates, and online access to product documentation, self-help videos & tutorials. To avail the PEASx Assure Care Services, ALR is mandatory. PEASx specifically excludes upgrades from the ALR program. Upgrade to the Licensed Software will be provided upon payment of an Upgrade License Fee in accordance with PEASx then current pricing policy.
Ownership and Intellectual Property
PEASx owns all right, title and interest in and to the Licensed Software. PEASx expressly reserves all rights not granted to you herein, notwithstanding the right to discontinue or not to release any Licensed Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or characteristics of the Licensed Software. The Licensed Software is only licensed and not sold to you by PEASx.
Audit
PEASx has the right to audit your Use of the Licensed Software by providing at least seven (7) days prior written notice of its intention to conduct such an audit at your facilities during normal business hours.
Confidentiality
The Licensed Software contains proprietary information of PEASx that are protected by the laws of India and you hereby agree to take all reasonable efforts to maintain the confidentiality of the Licensed Software. You agree to reasonably communicate the terms and conditions of this Agreement to those persons employed by you who come into contact with or access the Licensed Software, and to use reasonable efforts to ensure their compliance with such terms and conditions, including but not limited to, not knowingly permitting such persons to use any portion of the Licensed Software for a purpose that is not allowed under this Agreement.
Warranty Disclaimer
PEASx does not warrant that the Licensed Software will be error-free. Except as provided herein, the Licensed Software is furnished "as is" without warranty of any kind, including the warranties of merchantability and fitness for a particular purpose and without warranty as to the performance or results you may obtain by using the Licensed Software. You are solely responsible for determining the appropriateness of using the Licensed Software and assume all risks associated with the use of it, including but not limited to the risks of program errors, damage to or loss of data, programs or equipment, and unavailability or interruption of operations. Because some jurisdictions do not allow for the exclusion or limitation of implied warranties, the above exclusions or limitations may not apply to you.
Limitation of Liability
In no event will PEASx be liable to you or any third party for any special, incidental, indirect, punitive or exemplary or consequential damages, or damages for loss of business, loss of profits, business interruption, or loss of business information arising out of the use or inability to use the program or for any claim by any other party even if PEASx has been advised of the possibility of such damages. PEASx entire liability with respect to its obligations under this agreement or otherwise with respect to the Licensed Software shall not exceed the amount of the named developer license fee paid by you for the Licensed Software. Because some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, the above exclusions or limitations may not apply to you.
Indemnification
PEASx agrees to indemnify and defend you from and against any and all claims, actions or proceedings, arising out of any claim that the Licensed Software infringes or violates any valid Indian patent, copyright or trade secret right of any third party; so long as you provide; (i) Prompt written notice to PEASx of such claim; (ii) Cooperate with PEASx in the defense and/or settlement thereof, at PEASx expense; and, (iii) Allow PEASx to control the defense and all related settlement negotiations. The above is PEASx sole obligation to you and shall be your sole and exclusive remedy pursuant to this Agreement for intellectual property infringement. PEASx shall have no indemnity obligation for claims of infringement to the extent resulting or alleged to result from (i) Any combination, operation, or use of the Licensed software with any programs or equipment not supplied by PEASx; (ii) Any modification of the Licensed Software by a party other than PEASx; and (iii) Your failure, within a reasonable time frame, to implement any replacement or modification of Licensed Software provided by PEASx.
Termination
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying or returning to PEASx all copies of the Licensed Software in your possession. Either party may terminate this Agreement upon breach by the other party of the terms of this Agreement, including but not limited to clauses 2a, 3, 4, 5, 6, 7, 8, 13 and 14 and the failure by the other party to cure such breach within 30 (thirty) days' written notice. Upon termination, you shall destroy or return to PEASx all copies of the Licensed Software and certify in writing that all know copies have been destroyed. All provisions relating to confidentiality, proprietary rights, non-disclosure, and limitation of liability shall survive the termination of this Agreement.
General
This Agreement shall be construed, interpreted and governed by the laws of India exclusive of its conflicts of law provisions. This Agreement constitutes the entire agreement between the parties, and supersedes all prior communications, understandings or agreements between the parties. Any waiver or modification of this Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this Agreement is found invalid or unenforceable, the remainder shall be interpreted so as to reasonable effect the intention of the parties. You shall not export the Licensed Software or your application containing the Licensed Software except in compliance with Indian export regulations and applicable laws and regulations.
Ownership
PEASx is allowed to print its product name in the invoice of the customers. It will be in the format of Software by PEASx, along with the telephone number.