THIS END USER LICENSE AGREEMENT (“Agreement”) CONSTITUTES A BINDING AGREEMENT BETWEEN YOU THE PURCHASER, AND/OR ANY OTHER THIRD PARTY USING THE SOFTWARE (“USER”), AND MULTIICON. YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE INSTALLING THIS SOFTWARE. INSTALLATION OF THIS SOFTWARE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST NOT PURCHASE THE SOFTWARE, OR UNINSTALL THE SOFTWARE IF IT IS ALREADY INSTALLED. USE OF THE SOFTWARE IS STRICTLY PROHIBITED UNLESS YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
BY ACCEPTING THIS AGREEMENT, YOU AGREE TO ONLY INSTALL THIS SOFTWARE IN A PC OWNED BY THE USER, COMPANY WILL NOT PROVIDE ANY PC WITH THE SOFTWARE AND PRICE TAKEN FROM THE USER IS FOR ONLY SOFTWARE WITHOUT PC. USER ALSO AGREES TO INFORM ANY PERSON(S) WHO USES A PC WITH THE SOFTWARE INSTALLED OF THE PRESENCE OF THE SOFTWARE. FAILURE TO COMPLY MAY RESULT IN YOU BREAKING STATE AND FEDERAL LAWS.
OWNERSHIP OF SOFTWARE
USER acknowledges and agrees that all of the computer programs, whether in basic code or usable form, certificates of authenticity, security devices and associated documentation, regardless of form or media, (collectively, the "Software") which are the subject of this Agreement, are owned exclusively by MULTIICON. USER agrees that the price paid for the Software constitutes a license fee, granting USER only the rights set forth in this Agreement.
GRANT OF LICENSE
MULTIICON grants to USER, and USER accepts, a limited, non-exclusive and revocable license to use the Software, in machine-readable, object code form only. USER agrees to use the Software only as authorized in this Agreement.
No other rights either express or implied are being transferred to the USER unless specifically stated in this Agreement. USER shall not have any right to reproduce, distribute, or otherwise disseminate the Software contrary to the terms and conditions of this Agreement. USER shall have no right, title, interest or claim as to the property owned by MULTIICON, which includes but is not limited to, the Software, any patents, trademarks, copyrights, and/or trade-names.
SCOPE OF LICENSE
This Software is licensed to be installed and used on only one Personal Computer. A valid license must be purchased for each PC on which the Software is to be installed.
USER may not copy or make any changes or modifications to the Software, and USER may not engage or participate with any other third party to manufacture, duplicate, deliver, transfer, pirate, translate, decompile, disassemble, or otherwise reverse engineer the Software. USER may not lend, rent, lease or sub-license the Software, in any form, to any other third party for any purpose, unless authorized by this Agreement. USER agrees to use all reasonable efforts to protect the Software from unauthorized use, modification, reproduction, distribution or publication and to report any unauthorized use, modification, reproduction, distribution or publication to MULTIICON. USER is not permitted to make any copies of the Software. USER shall not use the Software in a manner not authorized by the terms of this Agreement, and MULTIICON reserves all rights that are not expressly granted herein.
TRANSFER RESTRICTIONS
USER may not transfer, sell, distribute or otherwise disseminate the Software, unless all of the following conditions are met: (1) a license transfer is purchased by USER; (2) a license transfer is granted to USER by MULTIICON, and (3) the transferee agrees to be bound by the same terms and conditions of this Agreement. In the event that a transfer is authorized, USER must transfer all original documents in their possession and either transfer or destroy any and all copies of the Software.
LIMITATION OF LIABILITY
USER AGREES THAT IN NO EVENT SHALL MULTIICON, ITS AFFILIATES, DISTRIBUTORS OR RESELLERS BE LIABLE FOR ANY DAMAGES (INCLUDING ANY CAUSED BY NEGLIGENCE), LOSS OF PROFIT OR ANY OTHER COMMERCIAL DAMAGE, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, EVEN IF MULTIICON OR ITS AFFILIATES ARE ADVISED, IN ADVANCE, OF THE POSSIBILITY OF SUCH DAMAGES. USER AGREES THAT THIS LIMITATION OF LIABILITY SHALL APPLY EVEN IF ANY REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. NOTWITHSTANDING THE FOREGOING, USER AGREES THAT IN NO EVENT SHALL THE LIABILITY OF MULTIICON, ITS AFFILIATES, DISTRIBUTORS OR RESELLERS EXCEED THE PURCHASE PRICE PAID FOR THE SOFTWARE AND/OR THIS LICENSE.
GOVERNING LAW, JURISDICTION AND VENUE
This Agreement shall be construed under the laws of the State of GUJARAT, INDIA, excluding rules regarding conflicts of law. USER and MULTIICON agree to submit to the exclusive personal jurisdiction, subject matter jurisdiction and venue of the County of RAJKOT, State of GUJARAT, INDIA. Any and all disputes concerning the Software, this Agreement or any other matter between the USER and MULTIICON stemming from the Software or this Agreement shall be decided by a Court of competent Jurisdiction located within the County of RAJKOT, State of GUJARAT, INDIA.
COMPLETE AGREEMENT
This Agreement constitutes the entire agreement between the USER and MULTIICON with respect to the use of the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. MULTIICON reserves the right to modify this agreement, without notice, at any time. No amendment to or modification of this Agreement will be binding unless in writing and signed by MULTIICON. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, invalid, or illegal, the remainder of this Agreement shall continue in full force and effect and the parties will amend this Agreement to give effect to the stricken clause to the maximum extent possible.
OTHER TERMS AND CONDITIONS OF USE
USER agrees that the installation and use of the Software will be in accordance with all local, state and federal laws governing the monitoring of computer activity and usage.
USER agrees to install this software ONLY on a PC that is owned by the USER or on a PC which USER has been given explicit permission by the PC owner for such installation. USER agrees NOT install this Software on any PC that is not owned by USER on any PC that USER has not been given explicit permission for such installation.
USER acknowledges that it is prohibited and against the terms of this Agreement NOT to inform any third party that the PC they are using is installed with the Software and that their usage is subject to monitoring and recording.
RETURN & REFUND POLICY
Paid amount towards the software cost will not be returned and/or refunded at any circumstances.
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