End-User License Agreement (“Agreement”)

 

Revised: April 1st, 2021

 

Please read this End-User License Agreement (“Agreement”) carefully before clicking the “I Agree” button, installing or using ‘iTower- Tower in a Box’ (“Application”) and Mobile Apps.

 

BY INSTALLING, OR USING THE SOFTWARE, YOU REPRESENT THAT YOU PURCHASED THE SOFTWARE FROM AN APPROVED SOURCE AND YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON, COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY OR LEGAL ENTITY TO THESE TERMS.

 

IF YOU DO NOT AGREE TO THESE TERMS:

• DO NOT INSTALL, COPY ACCESS OR USE THE SOFTWARE; AND
• PROMPLTY DELETE THE APP/SOFTWARE

 

This End-User License Agreement (“Agreement”) is a legal agreement hereby entered into between you, either an individual, company or other legal entity, and its affiliates (hereafter, “Customer”) and INFOZECH SOFTWARE PVT. LTD. (“Licensor”) for the software

 

• DEFINITIONS

 

1. Affiliates means an entity controlled by, of the applicable legal entity. Subject to the terms and conditions of this Agreement, Affiliates may use the license granted hereunder. All references to Licensor shall be deemed to be references to Licensor and its Affiliates and all references to Customer shall be deemed to be references to Customer’s company or other legal entity and its Affiliate(s).

 

1. Computer means the hardware, if the hardware is a single computer system, whether physical or virtual, or means the computer system with which the hardware operates, if the hardware is a computer system component.

 

1. Derivative Works means a revision, enhancement, modification, translation, abridgment, condensation, or expansion of Software or any other form in which such Software may be recast, transferred or adapted, which, if used without the consent of Licensor, would constitute a copyright infringement.

 

1. Documentation means the official explanatory materials in printed, electronic or online form provided by Licensor to Customer on the use of the Software. For the avoidance of doubt, any installation guide or end user documentation not prepared or provided by Licensor, any online community site, unofficial documentation, videos, white papers, or feedback does not constitute Documentation.

 

1. Fees means the fees for the Software license (including any renewal or extension thereof), Support Services, or any other product or service purchased under this Agreement.

 

1. Partners means distributors and resellers authorized by Licensor or its distributors to resell the Software, or a co-branded version of the Software authorized by Licensor.

 

1. Software means the object code version of the product, together with the Documentation, and all third-party software that Licensor may have purchased or licensed from third parties and delivered to Customer as part of the Software, as well as any Updates provided by Licensor to Customer pursuant to this Agreement.

 

1. Support Services means the service for the correction of errors and/or support of the Software and the issuance of any Updates.

 

1. Updates means all subsequent releases and versions of the Software that Licensor makes generally available to its customers as part of purchased Support Services and which are not separately priced or marketed by Licensor.

 

1. INTELLECTUAL PROPERTY RIGHTS

 

2.1 Ownership. Title to the Software, Documentation, Updates and all patents, copyrights, trade secrets and other worldwide proprietary and intellectual property rights in or related thereto are and will remain the exclusive property of Licensor and its licensors. Customer may not remove any titles, trademarks or trade names, copyright notices, legends, or other proprietary markings in or on the Software, hardware or Documentation and will not acquire any rights in the Software, except the limited license specified in this Agreement. Licensor and its licensors own all rights in any copy, translation, modification, adaptation or Derivative Works of the Software, including any improvement or development thereof. Licensor retains all rights not expressly granted to Customer in this Agreement. Customer shall promptly notify Licensor in writing upon discovery of any unauthorized use of the Software or Documentation or infringement of Licensor’s proprietary rights in the Software or Documentation.

 

• LICENSE GRANT AND FEES

 

1. Software License. [Customer is granted a non-exclusive, non-transferable, non-assignable, restricted license during the term set forth in this Agreement, to access, install, and use one production copy of the Software in accordance with the relevant Documentation for Customer’s own internal business purposes only.] Customer may not use the Software for providing hosted or service bureau services to the general public or any third-party entities that are not managed facilities for which Customer provides integral technology services. Customer acknowledges the Software and Documentation is proprietary to Licensor and may not be distributed to any third parties. Customer is not granted rights to Updates unless Customer has purchased Support Services. The license granted herein is subject to the specific restrictions and limitations set forth herein, the terms of the open source licenses governing the components included in the Software, and/or any additional licensing restrictions and limitations specified in the Documentation, or by notification and/or policy change posted at Licensor’s website.

 

1. Fees. Customer agrees to pay Fees to Licensor for the licenses and associated services.

 

• LICENSE RESTRICTIONS

 

4.1 Restrictions on Use. Subject to the terms of the open source licenses governing the open source components of the Software, Customer shall not:

(a) Allow third parties or develop methods for third parties to use the Software;

 

(b) sell, rent, lease, use collectively, record, license, sublicense, share, distribute, publicly communicate, transfer or exploit in any other manner the Software or Documentation;

 

(c) except as permitted by applicable law, decompile, disassemble, or reverse engineer the Software, in whole or in part, and Customer shall not attempt to obtain in any other manner any Software source code, and shall not carry out any action to the detriment of Licensor’s intellectual property rights or those of its suppliers;

 

(d) make copies, execute, publish, or reproduce Software or Documentation, unless expressly authorized in this Agreement (and all copies must maintain Licensor’s copyright notices);

 

(e) develop any Derivative Works or any type of software program based on the Software, Documentation, orany other Confidential Information of Licensor;

 

(f) make available, reveal, disclose, offer, or allow the use of Software by third parties, without the prior written consent of Licensor;

 

(g) alter or modify the Software without the prior written consent of Licensor;

 

(h) reject, avoid, elude, remove, deactivate, or evade, in any way, any protection mechanism of the Software, including without limitation any mechanism used to restrict or control Software functions;

 

(i) provide or offer access to any third parties to any restricted online access keys or authentication passwords provided by Licensor for downloading Software; or

 

(j) disclose to any third party any benchmarking or comparative study involving the Software or Documentation.

 

4.2 Trademarks. Customer may not delete, remove, hide, move, or alter any trademark, logo, icon, image, or text that represents the Licensor’s name, any derivation thereof, or any icon, image, or text that is likely to be confused with the same. All representations of the Licensor’s name, logo or other mark of Licensor or any of its Affiliates’ names or marks must remain as originally distributed regardless of the presence or absence of a trademark, copyright, or other intellectual property symbol or notice.

 

4.3 Legal and Export Control Compliance. ?Customer agrees to comply with all applicable laws. Without limiting the foregoing, Customer agrees to comply with all INDIAN GOVT. export laws and applicable import laws of Customer’s locality (if Customer is not located in the INDIA), and Customer agrees not to export any Software without first obtaining all required authorizations or licenses. Customer also agrees not to use the Software for any purposes prohibited by INDIAN Govt. law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

 

• CONFIDENTIALITY AND NOTIFICATIONS

 

1. Confidentiality. [?Customer acknowledges and agree that the Software incorporates confidential and proprietary information (“Confidential Information”) developed or acquired by Licensor including, but not limited to, technical and non-technical data, formulas, patterns, compilations, devices, methods, techniques, drawings and processes related to the Software, which constitutes the valuable intellectual property of Licensor and its suppliers.]

 

1. Use of Confidential Information. ?Each party will comply with all laws and regulations that apply to use, transmission, storage, disclosure, or destruction of Confidential Information. Both Parties agree to hold the other party’s Confidential Information in the strictest confidence. Confidential Information shall not be disclosed by either party to anyone except an employee, or agent who has a need to know same, or who is bound by a non-disclosure and confidentiality provision at least as restrictive as those set forth in this Agreement. Each party agrees to ensure that its employees, agents, representatives, and contractors are advised of the confidential nature of the Confidential Information and are precluded from taking any action prohibited under this Agreement. ?Licensor may use any technical information that Customer provides to Licensor for any of Licensor’s reasonable business purposes, including product support and development. Customer acknowledges that the Software may include a monitoring capability that sends anonymous statistics about performance, device utilization and network size remotely to Licensor.

 

1. Ownership of Information. ?Except as explicitly stated in this Agreement, the party receiving the Confidential Information is granted no license or conveyance of disclosing party’s Confidential Information or any intellectual property rights therein. Title to the disclosing party’s Confidential Information shall remain solely with the party disclosing the Confidential Information.

 

1. Notices. Licensor may send Customer required legal notices and other communications about the Software, including special offers and pricing or other similar information, customer surveys or other requests for feedback (“Communications”). Licensor will send Communications via in-product notices or email to registered email addresses of named contacts, or will post Communications on Licensor’s website. Customer may notify Licensor of Customer’s preference not to receive any such Communications (which may have a technical impact on Customer’s use of the Software and the provision of any Support Services). Licensor reserves the right, at any time and from time to time, to revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms or conditions (collectively, Additional Terms”) on Customer’s use of the Software. Such Additional Terms will be effective immediately and incorporated into this Agreement upon posting the revised agreement on Licensor’s website and Customer waives any right to receive a specific notice of each such revision. Customer’s use of the Software signifies acceptance of the Agreement inclusive of future revisions.

 

1. TERM AND TERMINATION

This Agreement shall remain in effect until terminated by you or Infozech Software Pvt. Ltd.

 

Infozech Software Pvt. Ltd. may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

 

This Agreement will terminate immediately, without prior notice from Infozech Software Pvt. Ltd., in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your desktop.

Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop.

 

• Modifications to Application

 

Infozech Software Pvt. Ltd. reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.

 

• Severability

 

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

 

• Amendments to this Agreement

 

Infozech Software Pvt. Ltd. reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

 

• Governing Law; Forum.

This Policy is governed by the laws of India and may be modified or waived only in writing. Each party submits to the exclusive jurisdiction of the courts in New Delhi in relation to any matter arising out of this Agreement. If any provision is found to be unenforceable, such provision will be limited or deleted to the minimum extent necessary so that the remaining terms remain in full force and effect

 

Contact Information

 

If you have any questions about this Agreement, please contact us.

 

INFOZECH SOFTWARE PVT.LTD

A24/5, Mohan Cooperative Industrial Estate,

Saidabad,

New Delhi,

Delhi-110044
India

+91-11-46401111

sales@infozech.com