PRAVAA SOFTWARE END-USER LICENSE AGREEMENT
- "Pravaa" means Pravaa Infosystems Pvt Ltd.
- "SOFTWARE" means only the Pravaa software program(s) and third party software programs, in each case, supplied by Pravaa herewith, and corresponding documentation, associated media, printed materials, and online or electronic documentation. Any updates to such Software which you are entitled to receive and that has been provided to you by Pravaa shall also mean SOFTWARE for purposes of this Agreement.
- "You" means the company, entity or individual signing this agreement.
- “Party” means a company, entity or individual.
- "Use" means storing, loading, installing, executing or displaying the SOFTWARE.
- "Trial Version" means a version of the Software, so identified, to be used only to review, demonstrate and evaluate the Software for a limited time period. The Trial Version may have limited features, may lack the ability for the end-user to save the end product, and will cease operating after a predetermined amount of time due to an internal mechanism within the Trial Version.
- License grant
The licenses granted in this Section 2 are subject to the terms and conditions set forth in this EULA:
- Pravaa grants you a non-exclusive, non-transferable license to use the version of this SOFTWARE based on licenses you have purchased.
- You may not modify the SOFTWARE or disable any licensing or control features of the SOFTWARE except as an intended part of the SOFTWARE's programming features.
- This license is not transferable to any other company, entity, or individual. You may not publish any registration information (serial numbers, registration keys, etc.) or pass it to any other company, entity, or individual.
- You agree that Pravaa may audit your use of the Software for compliance with these terms at any time, upon reasonable notice. In the event that such audit reveals any use of the Software by you other than in full compliance with the terms of this Agreement, you shall reimburse Pravaa for any liabilities you may incur as a result of such non-compliance.
- You may modify the source code form of those portions of SOFTWARE that are identified as sample code or that intended part of the SOFTWARE's programming features solely for the purposes of designing, developing and applications developed using SOFTWARE. You agree to indemnify, hold harmless and defend Pravaa from and against any loss, damage, claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of your application.
- Your license rights under this EULA are non-exclusive.
- License Restrictions
- Other than as set forth in Section 2, you may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network.
- You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
- Unless otherwise provided herein, you may not rent, lease, or sublicense the Software.
- In the event that you fail to comply with this EULA, Pravaa may terminate the license and you must destroy all copies of the Software (with all other rights of both parties and all other provisions of this EULA surviving any such termination).
The SOFTWARE is owned and copyrighted by Pravaa. Your license confers no title or ownership in the SOFTWARE and should not be construed as a sale of any right in the SOFTWARE.
The SOFTWARE is protected by the copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of Pravaa and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices, which may appear on and in the SOFTWARE.
- Limited Warranty and Disclaimer
This SOFTWARE is provided on an "AS IS" basis. Pravaa does not warrant that the SOFTWARE is error free. Pravaa disclaims all warranties relating to this SOFTWARE, whether expressed or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose and noninfringement of third party rights. The party using the SOFTWARE bears all risk as to the quality and performance of the SOFTWARE.
- Limitation Of Liability
- Neither Pravaa nor anyone else who has been involved in the creation, production, or delivery of this SOFTWARE shall be liable for any indirect, consequential, or incidental damages arising out of the use or inability to use such SOFTWARE, even if Pravaa has been advised of the possibility of such damages or claims. Some jurisdictions do not allow limitation or exclusion of incidental or consequential damages, so the above limitations or exclusion may not apply to you to the extent that liability is by law incapable of exclusion or restriction.
- In no event will Pravaa’s liability for any claim, whether in contract, tort or any other theory of liability, exceed the license fee paid by you, if any.
- Third Party Software
SOFTWARE may contain third party software, which requires notices and/or additional terms and conditions. Such required third party software are listed in the commercial agreement and are made a part of and incorporated by reference into this EULA. By accepting this EULA, you are also accepting the additional terms and conditions, if any, set forth therein.
- Dispute Resolution and Governing Law
- All disputes, differences or disagreements arising out of, in connection with or in relation to this Agreement shall be settled through mutual discussions between Pravaa and You. If no settlement can be reached through mutual discussion and negotiations, within 40 days of such disputes, differences or disagreements, then it shall be finally decided by arbitration to be held in accordance with the provisions of the Arbitration and Conciliation Act, 1996.
- The arbitration shall take place before a sole arbitrator who will be appointed jointly by Pravaa and You within thirty days of the invocation of arbitration. The venue of arbitration shall be Bangalore and the language of arbitration shall be English and the decision of the arbitrator will be final and binding on Pravaa and You.
- This Agreement will be construed, and the legal relations between the Pravaa and You hereto will be determined, in accordance with the law of India. Further, Pravaa and You submit to the sole and exclusive jurisdiction of the Courts of Bangalore, Karnataka, India.
- Pravaa and other trademarks contained in the Software are trademarks Pravaa Infosystems Pvt Ltd. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the SOFTWARE. This EULA does not authorize you to use Pravaa's or its licensors' names or any of their respective trademarks.
- In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.
- This is the entire agreement between you and Pravaa which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license.