TERMS OF SERVICE AND END USER LICENSE AGREEMENT (“EULA”)
This document was last updated on 4-Sept-13.
The following terms of service and end user license agreement (“EULA”) constitute an agreement between you (either an individual or a single entity) and Rachit Technology Pvt. Ltd. This EULA governs your use of Software and Services (as specified below).
For purposes of this EULA "Software" means all software programs distributed, published or otherwise made available by Rachit Technology Pvt. Ltd. or its affiliates including, but not limited to mobile applications, downloadable/installable applications for personal computer, and applications accessed by means of a browser or other online communication method. Software also includes updates and upgrades as well as accompanying manual(s), packaging and other written, files, electronic or on-line materials or documentation, and any and all copies of such software and its materials.
“Services” means all services made available by Rachit Technology Pvt. Ltd., including but not limited to services accessed through mobile applications, by means of a browser or by other online communication method.
Software and Services are collectively referred to as “Rachit Services”.
THE SOFTWARE IS LICENSED, NOT SOLD.
YOUR USE OF THE SOFTWARE (AS SPECIFIED BELOW) IS SUBJECT TO THE TERMS AND
If you do not accept the terms of this EULA, do not install, use or access the Rachit Services.
SOFTWARE LICENSE: Subject to this EULA and its terms and conditions, Rachit Technology Pvt. Ltd. hereby grants you a non-exclusive, non-transferable, non-sub licensable, limited right and license to use one copy of the Software for your personal non-commercial use on a single computer or unit, unless otherwise specified in the Software documentation. The rights granted herein are subject to your compliance with this EULA. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this EULA is not to be construed as a sale of any rights in the Software.
SERVICE LICENSE: Subject to this EULA and its terms and conditions, Rachit Technology Pvt. Ltd. hereby grants you a non-exclusive, non-transferable, non-sub licensable, limited right and license to use the Services as provided by Rachit Technology Pvt. Ltd., for your personal non-commercial use, in the manner permitted by this EULA. The rights granted herein are subject to your compliance with this EULA.
LICENSE TERM: The term of your licenses under this EULA shall commence on the date that you accept this EULA and install or otherwise use the Software and/or Services and ends on the earlier date of either your disposal of the Software and/or Services or Rachit Technology Pvt. Ltd’s termination of this EULA. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Software and/or Services or you otherwise use the Software and/or Services in breach of the terms of this EULA.
OWNERSHIP; NO OTHER LICENSES: Rachit Technology Pvt. Ltd. retains all right, title and interest in and to the Rachit Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof. The Rachit Services are protected by applicable laws and treaties throughout the world. Unless expressly authorized by mandatory legislation, the Rachit Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Rachit Technology Pvt. Ltd. All rights not expressly granted to you herein are reserved by Rachit Technology Pvt. Ltd.
2 THIRD PARTY SERVICES
Rachit Services may include links to third party services and/or the third party services may be made available to you via Rachit Services. These services may include, but are not limited to sharing, social medial connectivity and the like. These services are subject to respective third party terms and conditions. Please study these third party terms and conditions carefully as they constitute an agreement between you and the applicable third party service provider.
3 GENERAL LICENSE CONDITIONS
You agree not to: (i) commercially exploit the Rachit Services; (ii) distribute, lease, license, sell, rent, lend, convey or otherwise transfer or assign the Rachit Services, any copies thereof, or any passwords or usernames of Rachit Services, without the express prior written consent of Rachit Technology Pvt. Ltd. or as set forth in this EULA; (iii) make a copy of the Rachit Services or any part thereof, including but not limited to Software (other than as set forth herein); (iv) make the Rachit Services publicly available or available on a network for use or download by multiple users; (v) except as otherwise specifically provided by the Rachit Services or this EULA, use or install the Rachit Services (or permit others to do same) on a network, for on-line use, or on more than one computer or unit at the same time; (vi) use or copy the Rachit Services at a computer or any other location-based site; provided, that Rachit Technology Pvt. Ltd. may offer you a separate site license agreement to make the Rachit Services available for commercial use; (vii) reverse engineer, decompile, disassemble, translate, prepare derivative works based on or otherwise modify the Rachit Services, in whole or in part; (viii) remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Rachit Services, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material; (ix) misrepresent the source of ownership of the Rachit Services; (x) transport, export or re-export (directly or indirectly) into any country forbidden to receive such Rachit Services by any U.S. or other export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time; or (xi) scrape, build databases or otherwise create permanent copies of content returned from the Rachit Services.
However, with regards to installable Software that was delivered on a physical storage medium, you may transfer the entire Software and accompanying documentation on a permanent basis to another person as long as you retain no copies (including archival or backup copies) of the Software, accompanying documentation, or any portion or component of the Software accompanying documentation, and the recipient agrees to the terms of this EULA The Software is intended for private use only.
The Rachit Services may include measures to control access to the Rachit Service, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this EULA. Only Rachit Services subject to a valid license can be used to access online services, and download updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the Rachit Services will not function properly.
The Rachit Services may allow you to create content, including but not limited to screenshots or a video of your application. In exchange for use of the Rachit Services, and to the extent that your contributions through use of the Rachit Services give rise to any copyright, design right or any other intellectual or industrial property right you hereby grant Rachit Technology Pvt. Ltd. an exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose including, but not limited to the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual and industrial property rights by applicable laws and international conventions. If not expressly prohibited by mandatory legislation, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Rachit Technology Pvt. Ltd's use and enjoyment of such assets in connection with the Rachit Services and related goods and services under applicable law. This license grant to Rachit Technology Pvt. Ltd., and the above waiver of any applicable moral rights, survives any termination of this EULA.
The Rachit Services may require an internet connection to access the Rachit Services or its internet-based features, authenticate the Software, or perform other functions. In order for certain features of the Rachit Services to operate properly, you may be required to have and maintain (a) an adequate internet connection and/or (b) a valid and active account with an online service as set forth in the documentation related to Rachit Services. By using the Rachit Services, you acknowledge and agree that third party data transfer fees may apply depending on your data plan. Please consult your carrier for further information. If you do not maintain such accounts, then the Rachit Services or certain features of the Rachit Services may not operate or may cease to function properly, either in whole or in part.
By installing, accessing or using the Rachit Services, you consent to these information collection and usage terms, including (where applicable) the transfer of data into a country outside of the European Union and/or the European Economic Area or the United States of America.
Please note that any payment for licenses is always FINAL AND NON-REFUNDABLE.
Rachit Technology Pvt. Ltd. may manage, regulate, control, modify or eliminate licenses at any time, with or without notice. Rachit Technology Pvt. Ltd. shall have no liability to you or any third party in the event that Rachit Technology Pvt. Ltd. exercises any such rights.
SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT RACHIT TECHNOLOGY PVT. LTD. IS NOT REQUIRED TO PROVIDE A REFUND FOR LICESES, FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR LICENSES, WHETHER YOUR LOSS OF LICENSE UNDER THIS EULA WAS VOLUNTARY OR INVOLUNTARY.
6.1 Warranty for Physical software Products
Rachit Technology Pvt. Ltd. warrants to you (if you are the initial and original purchaser of the Software) that, to the extent the Software is made available to you on a physical storage medium, the original storage medium holding the Software is free from defects in material and workmanship under normal use and service for 30 days from the date of purchase. If mandatory legislation in your jurisdiction requires longer in excess to the aforementioned 30 days, the length of the warranty is amended accordingly. If for any reason you find a defect in the physical storage medium during the warranty period, Rachit Technology Pvt. Ltd. agrees to replace, free of charge, any physical storage medium and related Software discovered to be defective within the warranty period as long as the Software is currently commercially distributed by Rachit Technology Pvt. Ltd. If the Software is no longer available, Rachit Technology Pvt. Ltd. retains the right to substitute a similar piece of Software of equal or greater value. This warranty is limited to the physical storage medium and the Software as originally provided by Rachit Technology Pvt. Ltd. and is not applicable to normal wear and tear. This warranty shall not be applicable and shall be void if the defect has arisen through abuse, mistreatment, or neglect. Any implied warranties prescribed by statute are expressly limited to the warranty period described above.
When returning the Software subject to the limited warranty above, please send the original Software only to the Rachit Technology Pvt. Ltd. address specified on Rachit Technology Pvt Ltd’s website and include: your name and return address; a photocopy of your dated sales receipt; and a brief note describing the defect and the system on which you are running the Software. Rachit Technology Pvt. Ltd will only refund money in case of, valid problem not fixed in upcoming releases.
6.2 No other Warranties
NOTWITHSTANDING THE ABOVE MENTIONED WARRANTY FOR PHYSICAL STORAGE MEDIUM SPECIFIED IN SECTION 6.1 ABOVE, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE RACHIT SERVICES ARE PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. RACHIT TECHNOLOGY PVT.LTD., RACHIT TECHNOLOGY PVT.LTD’S LICENSORS AND CHANNEL PARTNERS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING BUT NOT LIMITED TO LOCATION DATA), MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. RACHIT TECHNOLOGY PVT.LTD., RACHIT TECHNOLOGY PVT.LTD.’S LICENSORS AND CHANNEL PARTNERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE RACHIT SERVICES WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE RACHIT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE RACHIT SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER RACHIT SERVICES OR THAT ANY ERRORS IN THE RACHIT SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY RACHIT TECHNOLOGY PVT.LTD, RACHIT TECHNOLOGY PVT.LTD.’S LICENSORS AND CHANNEL PARTNERS OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
7 LIMITATION OF LIABILITY
IN NO EVENT WILL RACHIT TECHNOLOGY PVT.LTD., RACHIT TECHNOLOGY PVT.LTD.’S AFFILIATES, RACHIT TECHNOLOGY PVT.LTD.’S LICENSORS OR CHANNEL PARTNERS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE RACHIT SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS EULA OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT RACHIT TECHNOLOGY PVT.LTD., RACHIT TECHNOLOGY PVT.LTD.’S LICENSORS OR CHANNEL PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR PURPOSES OF THIS SECTION 7, RACHIT TECHNOLOGY PVT.LTD.’S LICENSORS AND CHANNEL PARTNERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.
BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THIS EULA GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
8 OTHER TERMS AND CONDITIONS
TERMINATION: This EULA will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Software and all of its component parts and cease and desist from accessing any Rachit Services. With regards to Software delivered on a physical storage medium you can end this EULA by destroying the Software and all copies and reproductions of the Software and deleting and permanently purging the Software from any client server or computer on which it has been installed.
EQUITABLE REMEDIES: You hereby agree that if the terms of this EULA are not specifically observed, Rachit Technology Pvt. Ltd. will be irreparably damaged, and therefore you agree that Rachit Technology Pvt. Ltd. shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of the terms of this EULA, in addition to any other available remedies.
AFFILIATE: For purposes of this EULA, an “affiliate” or Rachit Technology Pvt. Ltd. means any legal entity that is directly or indirectly controlled by Rachit Technology Pvt. Ltd. for so long as such control lasts. Control shall exist through direct or indirect ownership of more than 50 % of the nominal value of the issued equity share capital or more than 50 % of the shares entitling the holders to vote for the election of the members of the board of directors or persons performing similar functions.
INDEMNITY: You agree to indemnify, defend and hold Rachit Technology Pvt. Ltd., its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from: (i) your acts and omissions to act in using the Rachit Services pursuant to the terms of the EULA; or (ii) your breach of this EULA.
MISCELLANEOUS: This EULA represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. Rachit Technology Pvt. Ltd. reserves the right, at its discretion, to change, modify, add or remove portions of this EULA by posting the updated EULA on Rachit Technology Pvt. Ltd’s website. You will be deemed to have accepted such changes by continuing to use the Rachit Services. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall not be affected.
GOVERNING LAW AND DISPUTE RESOLUTION: This EULA will be governed by the laws of
Any dispute, controversy or claim
arising out of or relating to this EULA or the breach, termination or validity
thereof shall be finally settled at Rachit Technology Pvt. Ltd's discretion (i)
at your domicile's competent courts; or (ii) by arbitration in accordance with
the Rules for Expedited Arbitration of the Arbitration Institute of Commerce.
The arbitration shall be conducted in
IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, YOU MAY CONTACT firstname.lastname@example.org.