THIS CUSTOMER END USER LICENSE AND SUPPORT AGREEMENT (this “Agreement”) is entered into by and between Vatsa Solutions Pvt Ltd, with a business address of C-508, Teerth Technospace, Baner, Pune INDIA (“VSPLC”, the “Company,” “Us”, “We“ or “Licensor”) and the person, organization or entity (the “Licensee,” “You” or “Your“) which has purchased or has otherwise been authorized to access and use the List Visualizer (Add-in)
By clicking the acceptance button below or accessing, using or installing any part of the List Visualizer software provided herewith, you expressly agree to be bound by, and strictly adhere to, all of the terms of this agreement. If you do not agree to all of the terms of this agreement, you are not authorized to access, install or use List Visualizer. If you have a separate agreement with VSPLC covering your access and use of the List Visualizer
If you do not accept these terms, you may not access or use List Visualizer and must immediately return or delete List Visualizer, as applicable. If you load or otherwise access or use List Visualizer, you are deemed to have accepted these terms and shall be bound by same.
Each time you use the Add-in, the then-current version of the Terms will apply. If you use the Add-in after a modification of these Terms, you agree to be bound by the Terms as modified.
1. Registration & account
Certain portions of the Add-in may require you to register for an account (“Account”), becoming a “Registered User.” As part of the Account creation process, you may be asked to authenticate through Microsoft or Google Login (“Login Information”). You are responsible for the confidentiality and use of your Login Information and agree not to transfer or disclose your Login Information to any third party other than an individual with express authority to act on your behalf. If you suspect any unauthorized use of your Account, you agree to notify us immediately. You are solely responsible for any activities occurring under your Account. You have no ownership right to your Account. If you are registering an Account on behalf of an organization under an agreement between us and another organization, that organization may have administrator rights to access your account and any information provided under your Account.
2. Permitted uses/license
You are authorized to access the Add-in for the sole purpose of using the it on your computer or device.
You may not decompile, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Add-in. You may not use any robot, spider, or other automatic device or manual process to monitor or copy the Add-in or its content without our prior written permission. Your failure to abide by these conditions will immediately terminate your right to access the Add-in and may violate our intellectual property rights or the intellectual property rights of third parties.
3. Intellectual property
All content available through the Add-in is the property of VSPLC, and/or our licensors, and is protected by copyright laws. Access to the add-in does not imply any transfer of our intellectual property rights to you. You agree not to use our trademarks, service marks, trade or business names, logos, domain names, or any other copyrighted material or proprietary rights we own without our express prior written consent.
4. Open source components
1) AlaSQL.js – https://github.com/agershun/alasql-manual/blob/master/LICENSE
2) Bootstrap.js – https://github.com/twbs/bootstrap/blob/master/LICENSE
3) Datatabes.js – https://datatables.net/license/
4) JQuery.js – https://jquery.org/license/
You agree that we have the right to collect and analyze anonymous data and other information relating to the provision, use and performance of various aspects of the Add-in, and related systems (for example, anonymous and aggregated information concerning user behavior and use of the Add-in), and we will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Add-in and for other development, diagnostic and corrective purposes in connection with the Add-in and other Company offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business.
Add-inmay subject you to fees charged per usage and/or terms. By using it, you agree to pay the fees and any taxes incurred at the time of usage.We reserve the right to collect Paid Service Fees by deduction from your linked payment account. We may use thirdparty payment processors that require you to agree to their terms in order to make payments or access the Add-in.
7. Warranty disclaimer
A. Licensor warrants that the licensed software will conform to the performance standards and specifications set forth in the licensed documentation if the licensed software is properly installed and used in an appropriate operating environment. Licensor’s sole responsibility under this warranty shall be limited to correcting the portion of the licensed software that fails to perform substantially in accordance with the said specifications or, at the option of licensor, refunding the applicable license fees, in which event licensee shall return all copies of the licensed software and related documentation or destroy that which is not returned. Licensor shall have no liability under the foregoing warranty if (i) licensee decompiles, reverse engineers, or modifies the licensed software without licensor’s prior written consent, (b) licensee fails to give licensor written notice of the claimed breach of warranty, or (c) the failure to perform is caused in whole or in part by persons other than licensor or by products, equipment, or computer programs not furnished by licensor. Licensor makes no representations or warranties with respect to any open source components within and/or made available through the licensed software, and licensor shall have no liability of any kind or nature arising out of same.
B. The licensed software and licensed documentation are provided on an “as is” basis without any warranty, express or implied, including but not limited to, any implied warranties of merchantability, fitness for particular purpose, non- interference, non-infringement, informational content, system integration and any warranties arising from a course of usage or trade practice. The company does not represent or warrant that the licensed software meet licensee’s requirements or will operate in the combination that licensee selects for use, or that the operation of the licensed software will be uninterrupted or error free, or that all defects in the licensed software will be corrected by licensor.
C. You as licensee alone shall determine if and to what extent the software will meet your needs and youalone shall bear the entire risk of its performance or non-performance, the environment and/or platform which you operate with same, and your need for third party licenses, including, without limitation, the third party license. In no event shall the company be liable to you or to any third party for any costs, losses, liabilities, damages, expenses or claims incurred as the result of your use thereof.
8. Limitation of liability
In no event shall either party be liable to the other or any third party, under this agreement or through the use of the licensed software or licensed documentation, for any amounts representing loss of profits, loss or inaccuracy of data, loss of business, costs of procurement of substitute goods, services, or technology, or indirect, consequential, or punitive damages whether or not the possibility of such damages has been disclosed in advance or could have been reasonably foreseen. Licensor’s and licensee’s aggregate liability in contract, tort, or otherwise to the other or any third party arising from this agreement or the use of the licensed software shall be limited to the license fees actually paid to licensor by licensee under this agreement.
You agree to indemnify and hold harmless us, our affiliates and our and their officers, directors, partners, agents, and employees from and against any loss, liability, claim, or demand, including reasonable attorneys’ fees (collectively,“Claims”), made by any third party due to or arising out of your use of the Add-in in violation of these Terms, any breach of the representations and warranties you make in these Terms. You agree to be solely responsible for defending any Claims against or suffered by us, subject to our right to participate with counsel of our own choosing.
10. Governing law
This Agreement shall be construed and enforced in accordance with the laws of India.
11. Other provisions
A. Complete Agreement. This Agreement is the entire agreement relating to the subject matter of this Agreement between the You and the Company, and supersedes any prior or contemporaneous agreements, understandings, or proposals as to the subject matter of this Agreement. This Agreement may not be modified or altered except by written instrument duly executed by both You and the Company.
B. Notice. Any notice or communication required or permitted in this Agreement shall be in writing and shall be delivered by email or regular mail. Any email directed to the Company may be addressed to firstname.lastname@example.org. Any email directed to Licensee shall be addressed to the last known email address in Licensor’s records for Licensee.
C. Severability. If any provision of this Agreement is determined to be invalid or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed omitted. The remainder of the Agreement shall be valid and enforceable to the maximum extent possible.
D. Assignment. Licensee may not assign, sublicense, or otherwise transfer, without the prior written consent of Licensor, Licensee’s rights, duties, or obligations under this Agreement to any person or entity, in whole or in part, and any purported attempt to do so is void and of no effect.
E. Waiver. The delay or failure of the Company to exercise in any respect any right provided for in this Agreement shall not be deemed a waiver of such right or any further right under this Agreement.
F. Headings. The headings appearing at the beginning of the several sections contained in this Agreement have been inserted for identification and reference purposes only and shall not be used in the construction and interpretation of this Agreement.
G. Equitable Remedies. You acknowledge and agree that the Company would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore the Company shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as the Company may otherwise have available under applicable laws.