End user license agreement
The terms and conditions that follow set forth a legal agreement between You – the end user (either an individual or named company), and Eki Communications Private Limited, a company with its registered office at 6, Silverlight ,9th Rd Extention,Juhu, Mumbai 400049 ("Eki"), relating to the Survelytics Application (the "Software Application ") from Eki that you wish to install.These terms also apply to any Eki updates, supplements, Internet-based services, and support services( the”Services”), if any, unless other terms accompany those items. If so, those terms apply.
BY REGISTERING AND INSTALLING OR OTHERWISE USING THE SOFTWARE Applicationand Services, YOU AGREE TO BE BOUND BY THE TERMS OF THIS END USER LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT DOWNLOAD, INSTALL OR USE THE APPLICATION. "YOU" MEANS THE NATURAL PERSON OR THE ENTITY THAT IS AGREEING TO BE BOUND BY THESE TERMS, THEIR EMPLOYEES, AND THIRD PARTY CONTRACTORS THAT PROVIDE SERVICES TO YOU. YOU SHALL BE LIABLE FOR ANY FAILURE BY SUCH EMPLOYEES AND THIRD PARTY CONTRACTORS TO COMPLY WITH THESE TERMS.
IF YOU REGISTER FOR A FREE TRIAL FOR OUR SERVICES, THIS AGREEMENT WILL ALSO GOVERN THAT FREE TRIAL.
IF YOU COMPLY WITH THE TERMS OF THIS END USER LICENSE AGREEMENT, YOU HAVE THE RIGHTS BELOW FOR EACH LICENSE YOU ACQUIRE.
The Software Application is licensed, not sold, to you for use only under the terms of this license, subject to your prior acceptance. Ekireserves all rights not expressly granted to you.
1. LICENSE GRANT AND USER RIGHTS FOR THE SOFTWARE APPLICATION
a. Scope of License. This license granted to you for the Software Application by Eki is limited to a non-transferable license to use the Software Application on any device that you own or control. This license does not allow you to use the Application on any device that you do not own or control, and you may not distribute or make the Software Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense or otherwise transfer in whole or in part the Software Application to another party. You may not create, develop, license, install, use, or deploy any third party software or services to circumvent, enable, modify or provide access, permissions or rights to work around any technical limitations in the Software Application and these terms. You may not copy (except as expressly permitted by this license) or publish the Software Application for others to copy, decompile, reverse engineer, decompile, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Software Application). Any attempt to do so is a violation of the rights of Ekiand its licensors. If you breach this restriction, you may be subject to prosecution and damages. You may not use the Software Application in any way that is against the law. The terms of the license will govern any upgrades provided by Eki that replace and/or supplement the original SoftwareApplication, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern
b. Title and Ownership.Ekiretains all rights, title, and interest in and to the Mobile Application and its documentation and its all related copyrights, trade secrets, patents, trademarks, and any other intellectual and industrial property and proprietary rights, including registrations, applications, renewals, and extensions of such rights. You may not remove any titles, trademarks or trade names, copyright notices, legends, or other proprietary markings in the Mobile Application and its documentation. You are not granted any rights to any trademarks or service marks of Eki.Eki retains all rights not expressly granted to you in these terms.
c. FREE TRIAL If You register on our website/mobile for a free trial, We will make one or more Services available to You on a trial basis free of charge until the earlier of (a) the end of the free trial period for which you registered or are registering to use the applicable Service or (b) the start date of any Purchased Services ordered by You. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding.
ANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. YOU CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL (E.G., FROM ENTERPRISE EDITION TO PROFESSIONAL EDITION OR FROM PROFESSIONAL EDITION TO GROUP EDITION); THEREFORE, IF YOU PURCHASE A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, YOU MUST EXPORT YOUR DATA BEFORE THE END OF THE TRIAL PERIOD OR YOUR DATA WILL BE PERMANENTLY LOST.
NOTWITHSTANDING SECTION 5, DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY.
2. USE OF DATA You agree that the Software Application may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. Application Provider may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.
3. CONFIDENTIAL INFORMATION. Any business and technical information that Eki designates as confidential or proprietary and all information regarding the Mobile Application constitute confidential information of Eki ("Confidential Information"). Eki, at its sole discretion, may disclose such Confidential Information. However, you may not disclose to any third party any Confidential Information without the prior written consent of Eki. Furthermore, you agree to limit access to Confidential Information to your authorized employees that have executed appropriate confidentiality agreements with you that protect the Confidential Information consistent with the requirements of this Agreement. The restriction regarding disclosure of Confidential Information does not extend to any Confidential Information that you can establish: (a) is now or hereafter becomes generally available to the public other than as a result of your breach of this Agreement, (b) is disclosed or made available to you by a third party without restriction and without any breach of confidentiality obligation, (c) was independently developed by you without access to or use of the Confidential Information, or (d) is approved for disclosure by Eki in writing.
4. TERMINATION. Eki may terminate your license to use the Software Application if you commit a breach of the terms of this Agreement. Upon termination, you shall cease using the Software Application and shall destroy all copies of the Software Application in any form. All disclaimers of warranties and limitations of liability shall survive any termination of this Agreement. The provisions regarding Confidential Information shall survive for three years following termination of this Agreement.
5."AS-IS" WARRANTY and LIMITATIONS ON WARRANTIES
a. "AS-IS" Warranty.Eki provides the Software to you AS IS and without a warranty of any kind.Eki does not warrant that the Software will meet your requirements or that the operation of the Software will be uninterrupted or error free.
b. Limitations on Warranties. The express warranty set forth in this Section 5 is the only warranty given by Eki with respect to the Mobile Application furnished hereunder. Eki makes no other warranties, express, implied or arising by custom or trade usage, and specifically disclaim the warranties of merchantability and fitness for a particular purpose.
6. LIMITATIONS ON LIABILITY The liability of Eki, whether in contract, tort or otherwise, arising out of or in connection with the Software Application or documentation furnished hereunder and any service supplied from time to time shall not exceed the license fee you paid for the Mobile Application or any fee you paid for the service. In no event shall Eki be liable for special, indirect, incidental, punitive or consequential damages (including without limitation damages resulting from loss of use, loss of data, loss of profits or loss of business) arising out of or in connection with the use of or inability to use the Software Application or Documentation furnished hereunder and any service supplied from time to time, even if Eki has been advised of the possibility of such damages.
In connection with User’s use of the Software Application and the Services, and without limiting any of User’s other obligations under this Agreement or applicable law, User:
A )Shall not to upload any defamatory, libelous, vulgar, obscene, abusive, profane, threatening, hateful, racially, ethnically, or otherwise offensive material.
B )Shall not upload any information or other material protected by copyright without the permission of the copyright owner.
C )Shall not use any words, logos or other marks that would infringe upon the trademark, service mark, certification mark, or other intellectual property rights of the owners of such marks without the permission of such owners.
D )Shall not post any confidential information or any information that would infringe upon the proprietary, privacy or personal rights of others.
E )Shall not upload, email or otherwise transmit any material containing software viruses or other computer code or files designed to interrupt, harm, delete, or otherwise interfere with or limit the functionality of any computer software or hardware or telecommunications equipment.
F )Acknowledges and agrees that all survey questions, data, text, music, photographs, images, video, survey responses, messages or other materials communicated or transmitted using the Software Application or the Services (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated .
G )Acknowledges and agrees that EKI does not control the Content originating from User, respondents to User’s survey, or other users of the Site or the Services, and does not guarantee the accuracy, integrity or quality of such Content. Notwithstanding the foregoing, Eki may review all Content and may block, modify, terminate access to, or remove any such Content that Ekiconsiders, in its sole discretion, does not comply with any of the requirements of this Agreement but EKI is not obligated to do so.
H )Acknowledges and agrees that EKI may disable User’s account and your access to use the Software application and/or the Services and Ekimay recover from User any losses, damages, costs or expenses incurred by EKI resulting from or arising out of User’s non-compliance with any provision of this Agreement.
7. EXPORT. You agree to fully comply with all laws and regulations of India and other countries ("Export Laws") to assure that neither the Software Application nor any direct products thereof are (1) exported, directly or indirectly, in violation of Export Laws, or (2) are used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical or biological weapons production.
8. GOVERNING LAW; COMPLETE AGREEMENT. This Agreement constitutes the complete agreement between the parties with respect to the Software and Documentation and is governed by the laws of the Republic of India and the exclusive jurisdictions of the courts of Mumbai,India.
9. The English language version of this Agreement shall be the authorized text for all purposes, despite translations or interpretations of this Agreement into other languages. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible and the remainder of this Agreement shall remain in full force and effect.