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 HEXCEL 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:

  1. permanent installation onto a hard disk or other storage device of up to Permitted Number of Computers; or

  2. 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 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.

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