IMPORTANT: THIS END USER LICENSE AGREEMENT (“AGREEMENT”) IS AN AGREEMENT BETWEEN YOU (EITHER INDIVIDUAL OR A COMPANY) AND MEHTA INFOSOFT REGARDING THE USE OF SERVICES PROVIDED BY MEHTA INFOSOFT (“SERVICES”).
IF YOU ACQUIRE THE SERVICES FOR YOUR BUSINESS USE, YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE WHO HAS THE AUTHORITY TO LEGALLY BIND YOUR BUSINESS TO THIS EULA.
BY PURCHASING, SUBSCRIBING TO, USING, OR OTHERWISE ACCESSING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
Subject to the terms and conditions set forth herein, in consideration for the purchase price paid by you for the Services, Mehta Infosoft and/or its affiliated companies grants you a non-transferable, non-exclusive, and non-sub-licensable limited right and license to view, use, and access the Services solely for your informational purposes and for your immediate, private, individual, and non-commercial use.
You hereby consent to the access, collection, and onward transmission of your account information by Mehta Infosoft. All such account information shall be governed by Mehta Infosoft’s privacy policy, available at https://www.mehtainfosoft.com/privacy-policy.
You acknowledge and agree that Mehta Infosoft owns all right, title, and interest in the Services, including but not limited to, all copyrights, trademarks, data, and content, except to the extent any such third-party data provider. This agreement does not grant you any intellectual property right in the Services.
All rights not expressly stated herein are reserved by Mehta Infosoft, which disclaims any and all implied licenses. Without limiting the foregoing, you agree not to:
If you receive an update or an upgrade to, or a new version of, any Services (“Update”), you must possess a valid license to the previous version in order to use the update. All updates provided to you shall be subject to the terms and conditions of this agreement. Mehta Infosoft shall have no obligation to support the previous version of the Services upon availability of an Update. Mehta Infosoft has no obligation to provide support, maintenance, updates, or modifications under this agreement.
You are responsible for any applicable charges and fees associated with any data plan fees or other subscription charges or fees of any kind whatsoever that may be required by your carrier to access the Services.
The term of this agreement shall be the useful life of the Services or until otherwise terminated in accordance with the terms and conditions of this agreement (“Term”). Mehta Infosoft may terminate this agreement for any reason, including, but not limited to, if Mehta Infosoft finds that you have violated any of the terms of this agreement. In addition, this agreement shall terminate immediately upon:
Clauses pertaining to indemnity, confidentiality, and non-disclosure shall survive the termination of this Agreement. All other rights and obligations of the parties shall cease upon termination of this agreement, including, but not limited to, all licenses granted hereunder.
At all times during the term and thereafter, you shall keep confidential and not disclose, directly or indirectly, and shall not use for your benefit or any other individual or entity any confidential information of Mehta Infosoft or any of its third-party data providers. “Confidential Information” means any trade secrets or confidential or proprietary information whether written, digital, oral, or other form which is unique, confidential, or proprietary to Mehta Infosoft or its third-party data providers, including, but not limited to, the Services, and any other materials or information related to the business or activities of Mehta Infosoft which are not generally known to others engaged in similar businesses or activities. You shall return to Mehta Infosoft any of its confidential information upon request and/or upon termination of this agreement.
You agree to indemnify, defend, and hold Mehta Infosoft and its licensors and suppliers (including, but not limited to, their respective assignees, subsidiaries, affiliated companies, and their respective officers, directors, employees, and shareholders, agents, and representatives) harmless from and against any and all liability, loss, injury, demand, action, cost, expense, or claim of any kind or character, including, but not limited to, attorney's' fees arising out of or in connection with your use of or subscription to the Services.
The Services (excluding any third-party content data) are warranted to perform substantially as described in the product manual. The warranties and remedies contained herein are exclusive and in lieu of all other warranties, whether express, implied, statutory, or arising from trade usage or course of conduct, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement and other expressed or implied warranties of accuracy, completeness, "real-time" information, title, or any other type of warranties relating to the Services or their performance hereunder.
You assume all responsibility and risk for the use of the Services, and Mehta Infosoft disclaims all liability for any loss, injury, or damage resulting from the use of the Services and any third-party data or content. It is your responsibility to use the Services prudently to access your information. In no event shall Mehta Infosoft or its suppliers, including third-party data providers, be liable to you or any other party for any compensatory, indirect, incidental, special, or consequential damages (including, without limitation, indirect, direct, special, punitive, or exemplary damages for loss of business, loss of profits, business interruption, or loss of business information) arising out of the use of or inability to use the Services and any third-party data or content, even if Mehta Infosoft has been advised of the possibility of such damages. Subject to the foregoing, Mehta Infosoft’s total liability with respect to its obligations under this agreement or otherwise with respect to the Services shall not exceed the price paid by you for the Services.
This agreement shall be governed and construed by the laws of India, and the courts of Maharashtra shall have exclusive jurisdiction.
This agreement constitutes the entire understanding and agreement of the parties and supersedes all prior and contemporaneous understanding and agreements, whether written or oral, with respect to its subject matter. No delay or failure by Mehta Infosoft to exercise or enforce at any time any right or provision hereof will be considered a waiver thereof. No single waiver will constitute a continuing or subsequent waiver. No waiver, modification, or amendment of any provision hereof will be effective against Mehta Infosoft unless it is a signed writing by Mehta Infosoft. You may not assign your rights or obligations hereunder (including as a change of control) without the prior written consent of Mehta Infosoft. Subject to the foregoing, this agreement will bind and inure to the benefit of the successors and permitted assigns of the parties. If any provision of this agreement is held to be invalid, illegal, or unenforceable in any respect, that provision to the extent permitted by law (not otherwise) shall be severed from this agreement and shall not affect the remainder hereof. The parties to this agreement are independent contractors. Mehta Infosoft shall not be liable to you for a failure to perform any of its obligations under this agreement during any period in which such performance is delayed due to circumstances beyond its reasonable control. All notices hereunder must be in writing and mailed by certified mail, return receipt requested, or by prepaid courier services, or by facsimile with receipt confirmed by telephone, to each party’s address.
You agree that we may contact you via voice call, text message, or other electronic medium through a third-party platform. In the event that any information you have provided to Mehta Infosoft changes, including but not limited to, your phone number, e-mail You agree to promptly update Your information.
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