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 TransMobile 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:
permanent installation onto a hard disk or other storage device of up
to Permitted Number of Computers; or
use of the Software over such network, provided the number of different
computers on which the Software is used 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 Free, Trial, Sample, Tryout or Evaluation Software:
If the product you have received with this license is a Free, Trial, Sample,
Tryout or Evaluation software, then the following Section applies until such
time that you purchase a license for the commercial 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 Software, but only to the extent
necessary to resolve the conflict.
Subject to the terms and conditions contained herein, you are hereby given a
license to install and personally use the software and any updates thereto
furnished by the Company (in its sole discretion) on a single computer owned
or controlled by you and may use the software for your noncommercial use or
benefit only. You may not, under any circumstances, use the software for any
commercial, business, governmental or institutional purpose of any kind. If
you desire to use the software for commercial purposes, you should contact
Company or a Company's authorized reseller to order commercial licenses to
use the Software.
You acknowledge that the Software may contain limited functionality and/or
operates for a limited period of time. The Software may contain advertisements
or promotional messages. The Company reserves the right to charge for future
use of or access to the software. However, in no event will you be charged
for access or use of software unless the Company makes available a schedule
of such charges.
THE COMPANY DISCLAIMS ANY WARRANTY OR LIABILITY OBLIGATIONS TO YOU OF ANY
KIND FOR FREE, TRIAL, SAMPLE, TRYOUT OR EVALUATION SOFTWARE.
5. LIMITED WARRANTY/LIMITATION OF REMEDIES
THIS SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS
WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION. IN NO EVENT WILL THE COMPANY OR ANY OTHER PARTY WHO MAY HAVE DISTRIBUTED
THE SOFTWARE AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE
(INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED
BY YOU OR THIRD PARTIES OR A FAILURE OF THE SOFTWARE TO OPERATE WITH ANY OTHER PROGRAMS), EVEN
IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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: There is no technical support available for this product. Limited information and/or source code may be available on our website. Kindly evaluate the product fully before making a purchase. The product is sold in an 'as-is' condition and with a no refund policy.
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
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.
You can back up DVDs for personal use. It is illegal to override commercial
copy protection (CRM), Note: Ripping copyright protected DVDs may be illegal depending
on the country in which you are residing in. Please consult all local laws before continuing.
RareFind Engineering Innovations
Copyright (C) 2003 RareFind Engineering Innovations Private Limited. All Rights Reserved.