Software License Agreement
By using “Jamku Office Management”, you agree to below Terms and Conditions.
(Nothing new here, these are the routine ones, which you find in each and every software, Still if you have time, continue reading)
Software License Agreement
END-USER LICENSE AGREEMENT FOR Jamku Office Management
IMPORTANT-READ CAREFULLY: This Jamku Software License Agreement (“JSLA”) is a legally binding license agreement between You and Madrecha Solutions for the Jamku SOFTWARE PRODUCT or SOFTWARE identified above and as further defined in this JSLA.
BY PAYING THE LICENSE FEE FOR THE SOFTWARE PRODUCT WITHOUT PROMPTLY REQUESTING A REFUND OF SUCH FEE OR INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT, SUCH ACTS INDICATE YOUR ACCEPTANCE OF THIS JSLA AND YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS JSLA. IF YOU DO NOT DESIRE TO ACCEPT THIS JSLA OR AGREE TO THE TERMS OF THIS JSLA, PROMPTLY RETURN THE UNUSED SOFTWARE PRODUCT OR SOFTWARE TO THE PLACE FROM WHICH YOU OBTAINED IT FOR A FULL REFUND OF THE LICENSE FEE.
THE SOFTWARE PRODUCT OR SOFTWARE IS PROTECTED BY INDIA COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. MADRECHA SOLUTIONS AND/OR ITS SUPPLIERS OR LICENSORS, ARE AND SHALL REMAIN THE OWNERS OF ALL INTELLECTUAL PROPERTY RIGHTS IN THE SOFTWARE PRODUCT OR SOFTWARE OR SERVICES. THE SOFTWARE PRODUCT OR SOFTWARE OR SERVICES ARE LICENSED TO YOU ON A NON-EXCLUSIVE, NON-ASSIGNABLE, NON-TRANSFERABLE, LIMITED, PERSONAL BASIS, NOT SOLD.
WHEN YOU USE THE SOFTWARE PRODUCT AND/OR SOFTWARE, MADRECHA SOLUTIONS MAY COLLECT CERTAIN INFORMATION ABOUT YOUR COMPUTER THROUGH A CALL HOME SYSTEM OR OTHERWISE TO FACILITATE, EVALUATE AND VERIFY YOUR USE OF THE SOFTWARE PRODUCT AND/OR SOFTWARE WHICH MAY BE SENT TO A MADRECHA SOLUTIONS WEB OR THIRD PARTY CLOUD SERVER FOR STORAGE OR FURTHER PROCESSING BY MADRECHA SOLUTIONS AND/OR ITS PARTNERS, SUBSIDIARIES OR AFFILIATES, FOR MADRECHA SOLUTIONS’S OWN INTERNAL USE. THIS INFORMATION IS GENERALLY COLLECTED IN THE AGGREGATE FORM, WITHOUT IDENTIFYING ANY USER INDIVIDUALLY, ALTHOUGH IP ADDRESS, COMPUTER AND SESSION ID IN RELATION TO PURCHASES AND DOWNLOADS/INSTALLATIONS OF THE SOFTWARE PRODUCT AND/OR SOFTWARE MAY BE TRACKED AS PART OF MADRECHA SOLUTIONS’S CUSTOMER ORDER REVIEW, STATISTICAL ANALYSIS, FRAUD AND PIRACY PREVENTION EFFORTS. FOR EXAMPLE, MADRECHA SOLUTIONS MAY COLLECT INFORMATION SUCH AS THE NUMBER OF DOWNLOADS/INSTALLATIONS OR TRIALS OF THE SOFTWARE PRODUCT AND/OR SOFTWARE OR THE TYPE OF OPERATING SYSTEM USED, FOR NONIDENTIFYING STATISTICAL ANALYSIS AND FOR IMPROVING THE SOFTWARE PRODUCT AND/OR SOFTWARE, PROVIDING YOU WITH A MORE RELEVANT EXPERIENCE.
IN ADDITION, MADRECHA SOLUTIONS UTILIZES DATA MONITORING AND SCOURING TECHNOLOGIES TO OBTAIN AND TRANSMIT DATA ON USERS OF ILLEGAL COPIES OF THE SOFTWARE OR SOFTWARE PRODUCT. THIS DATA COLLECTION IS NOT PERFORMED ON USERS OF LEGALLY LICENSED SOFTWARE FROM MADRECHA SOLUTIONS AND ITS AUTHORIZED DISTRIBUTORS. IF YOU ARE USING AN ILLEGAL COPY OF OUR SOFTWARE AND DO NOT CONSENT TO THE COLLECTION AND TRANSMISSION OF SUCH DATA (INCLUDING TO THE UNITED STATES), CEASE USING THE ILLEGAL VERSION AND CONTACT MADRECHA SOLUTIONS OR ONE OF ITS AUTHORIZED DISTRIBUTORS TO OBTAIN A LEGALLY LICENSED COPY.
AS INDICATED ABOVE, IF YOU DO NOT DESIRE TO ACCEPT THIS JSLA OR AGREE TO THE TERMS OF THIS JSLA, PROMPTLY RETURN THE UNUSED SOFTWARE PRODUCT AND/OR SOFTWARE TO THE PLACE FROM WHICH YOU OBTAINED IT FOR A FULL REFUND OF THE LICENSE FEE.
YOU ACKNOWLEDGE AND AGREE: (A) THAT YOU ARE NOT AN OWNER OF THE SOFTWARE PRODUCT AND/OR SOFTWARE OR ANY COPIES OF THE SOFTWARE PRODUCT AND/OR SOFTWARE; (B) THAT YOU ARE A MERE LICENSEE OF THE SOFTWARE PRODUCT AND/OR SOFTWARE AND ANY COPIES OF THE SOFTWARE PRODUCT AND/OR SOFTWARE WITHOUT ANY RIGHT TO FURTHER TRANSFER OR DISTRUBUTE THE SOFTWARE PRODUCT AND/OR SOFTWARE OR ANY COPIES OF THE SOFTWARE PRODUCT AND/OR SOFTWARE OR PROVIDE ACCESS TO THE SOFTWARE PRODUCT AND/OR SOFTWARE IN ANY MANNER WITHOUT MADRECHA SOLUTIONS’S PRIOR WRITTEN CONSENT; (C) NOT TO CHALLENGE THE ENFORCEABILITY OR VALIDITY OF THIS JSLA; (D) NOT TO INITIATE ANY PROCEEDINGS INCONSISTENT WITH THE TERMS AND CONDITIONS OF THIS JSLA.
THE SOFTWARE PRODUCT OR SOFTWARE MAY INCLUDE PRODUCT ACTIVATION AND OTHER TECHNOLOGY DESIGNED TO PREVENT UNAUTHORIZED USE AND COPYING, AND TECHNOLOGY TO HELP YOU MANAGE LICENSES. SUCH TECHNOLOGY MAY PREVENT YOUR USE OF THE SOFTWARE PRODUCT OR SOFTWARE IF YOU DO NOT FOLLOW THE ACTIVATION, INSTALLATION, AND/OR LICENSE MANAGEMENT PROCESS DESCRIBED IN THE SOFTWARE PRODUCT OR SOFTWARE AND DOCUMENTATION.
1. “Computer” means a virtual or physical computer device that accepts information in digital or similar form and manipulates it for specific result based on a sequence of instructions.
2. “Content” means any video, audio, data, music, still images, quizzes and any other output of the SOFTWARE PRODUCT or SOFTWARE and any video, audio, data, music, still images, quizzes or other input into the SOFTWARE PRODUCT or SOFTWARE.
3. “Internal Network” means a private, proprietary network resource accessible only by employees and individual contractors (i.e. temporary employees) of a specific corporation or similar business entity. Internal Network does not include portions of the Internet or any other network community open to the public, such as membership or subscription driven groups, associations and similar organizations.
4. “Library Content” shall mean any and all media assets imbedded in the CAMTASIA STUDIO® library or displayed or may be accessed through Madrecha Solutions’s or its authorized licensors’ web sites, specifically, without limitation, Madrecha Solutions, media assets comprised of digital still images, music, audio files, animations, clipart, composites, fonts, graphics, illustrations, motion sequences, photographs, sound effects, video, video trailers, data, quizzes, surveys or any other visual representation that is now known or may become known in the future, together with all accompanying metadata and other material.
5. “Permitted Number” means one (1) unless otherwise indicated under a valid license (e.g., Multi User, Site, or Enterprise License) granted by Madrecha Solutions.
6. “Resellers and Distributors” means a Madrecha Solutions authorized partner, e-merchant or a portal, within which Jamku manages its SOFTWARE PRODUCT or SOFTWARE channel.
7. “Services” means quiz or any other video processing services.
8. “SOFTWARE PROOUCT or SOFTWARE” means use of a copy of computer software identified above and associated media, Library Content and Services and a copy of the printed materials, and may include “online” or electronic documentation as well as licensed third party Content.
9. “Madrecha Solutions” means Madrecha Solutions, a Business Name of Adarsh Ashok Madrecha and also includes any other Entity setup for Sales and Distribution of Jamku Office Management.
10. “Trial Version” means a version of the SOFTWARE PRODUCT or SOFTWARE which may have limited features and is limited in terms of the length of time the SOFTWARE PRODUCT or SOFTWARE may be used and will cease operating after a predetermined amount of time (“the Trial Period”) due to an internal mechanism within the Trial Version. The SOFTWARE PRODUCT or SOFTWARE will notify You that the SOFTWARE PRODUCT or SOFTWARE is in trial mode.
11. “You” means the person, company, or organization that has licensed the SOFTWARE PRODUCT or SOFTWARE.
12. “Your Content” means the Content resulting from Your use of the SOFTWARE PRODUCT or SOFTWARE.
1. GRANT OF LICENSE AND RESTRICTIONS.
The following section applies to all versions of the SOFTWARE PRODUCT or SOFTWARE
1.1 If You obtained the SOFTWARE PRODUCT or SOFTWARE from Madrecha Solutions or one of its authorized Resellers or Distributors and as long as You comply with the terms and conditions of this JSLA as a condition to the license granted herein, Madrecha Solutions hereby grants You a non-exclusive, non-transferable, limited personal license to install and use a copy of the SOFTWARE PRODUCT or SOFTWARE or Services in a manner consistent with its design, documentation, and Your order. You may only use the SOFTWARE PRODUCT or SOFTWARE or Services according to the License ordered by You and granted by Madrecha Solutions.
1.2 General Use. Except as otherwise provided in the JSLA and so long as You comply with the terms and conditions of this JSLA as a condition to the license granted herein, You are licensed to install and use one copy of the SOFTWARE PRODUCT OR SOFTWARE on up to the Permitted Number of Your compatible Computers as long as, when required by the SOFTWARE PRODUCT or SOFTWARE, You present a valid, authorized, and activated SOFTWARE key for each copy;
1.3 Distribution from Server. So long as You comply with the terms and conditions of this JSLA as a condition to the license granted herein, You are licensed to copy an image of the SOFTWARE PRODUCT or SOFTWARE onto Computer file server(s) within Your Internal Network for the purpose of downloading and installing the SOFTWARE PRODUCT or SOFTWARE onto Computers within the same Internal Network for use as permitted by Section 1.1 and 1.2 above; and
1.4 Server use. So long as You comply with the terms and conditions of this JSLA as a condition to the license granted herein, You are licensed to install a copy of the SOFTWARE PRODUCTS or SOFTWARE PRODUCT or SOFTWARE on Computer file server(s) within Your Internal Network only for use of the SOFTWARE PRODUCT or SOFTWARE initiated by an individual from a computer within the same Internal Network as permitted by Section 1 .1 and 1.2. The total number of users (not the concurrent number of users) able to use the SOFTWARE on such Computer file servers(s) may not exceed the Permitted Number. By way of example, the foregoing does not permit you to install or access (either directly or through commands, data or instructions) the SOFTWARE PRODUCT or SOFTWARE: (i) from or to a Computer not part of Your Internal Network, (ii) for enabling web hosted workgroups or services available to the public, (iii) by an individual or entity to use, download, copy or otherwise benefit from the functionality of the SOFTWARE PRODUCT or SOFTWARE unless licensed to do so by Madrecha Solutions, (iv) as a component of a system, workflow or service accessible by more than the permitted Number of users, or (v) for operations not initiated by an individual user (e.g., automated server processing).
1.5 Portable or Home Computer use. You are not allowed to install a second copy of the SOFTWARE for his or her exclusive use on either a portable Computer or a Computer located at his or her home.
1.6 Restrictions on Secondary Use by Multi-user Licensees. If the SOFTWARE PRODUCT or SOFTWARE was obtained under a Madrecha Solutions Multi-user License Program by any licensee, the second copy of the SOFTWARE PRODUCT or SOFTWARE made under Section 1.5 must be used solely for the benefit and business of that Multi User Licensee.
1.7 Backup Copy. So long as You comply with the terms and conditions of this JSLA as a condition to the license granted herein, You are licensed to make a reasonable number of backup copies of the SOFTWARE PRODUCT or SOFTWARE, provided Your backup copies are not installed or used for other than archival purposes.
1.8 Integrity of 3rd Party Content and SOFTWARE. Your use of the SOFTWARE PRODUCT or SOFTWARE may be impaired by digital rights management systems in order to protect the integrity of certain third party Content and the SOFTWARE PRODUCT or SOFTWARE. You may not use any computer or hardware designed to defeat any copy-protection device, should the Content, SOFTWARE PRODUCT or SOFTWARE You have licensed be equipped with such protection. You may not remove or alter any trademark, trade names, product names, logos, copyright notices, legends, symbols, labels, or watermarking in any 3rd party Content, the SOFTWARE PRODUCT or SOFTWARE, except to the extent as expressly indicated in the 3rd party Content, SOFTWARE PRODUCT or SOFTWARE.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Madrecha Solutions’s grant to You of a non-exclusive, non-transferable, limited personal license to install and use the SOFTWARE PRODUCT or SOFTWARE or Service in a manner consistent with its design, documentation, and Your Order and is further conditioned upon Your compliance with all of the following conditions:
2.1 Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, translate, localize or disassemble the SOFTWARE PRODUCT or SOFTWARE.
2.2 Separation of Components. The SOFTWARE PRODUCT or SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer. You may not unbundle or repackage the SOFTWARE PRODUCT or SOFTWARE for distribution.
2.3 Rental. You may not rent, license, assign, transfer, time share, host, lend, sublicense, distribute, or lease the SOFTWARE PRODUCT OR SOFTWARE or any access code associated with the same, except as otherwise expressly provided in this JSLA; and in particular, You may not rent, license, assign, transfer, time share, host, lend, sublicense, distribute, or lease the SOFTWARE PRODUCT or SOFTWARE for commercial revenue generating purposes if the SOFTWARE PRODUCT or SOFTWARE has been licensed or labelled for education, non-profit, or governmental use only.
2.4 Software Transfers of Rights.
(i) You may not transfer this license under any circumstances without Madrecha Solutions’s prior written consent/approval, any such consented to or approved transferee must acknowledge, accept and agree in writing to be bound by the terms and conditions of this JSLA. Any transfer made in violation of the requirements, conditions, or restrictions of this section will be void and may result in termination of this JSLA.
(ii) You may not transfer licenses on a short term basis or transfer temporary rights to use the SOFTWARE PRODUCT or SOFTWARE without Madrecha Solutions’s prior written consent/approval.
(iii) The SOFTWARE PROOUCT OR SOFTWARE and any copies of the SOFTWARE PRODUCT or any SOFTWARE key or key codes related to the SOFTWARE PRODUCT or SOFTWARE and Madrecha Solutions’s trademarks may not be copied, reproduced, distributed, used, posted, modified, adapted, prepare derivatives of or displayed in any form or manner on any online auction sites or any other site or material of any kind without the express prior written permission of Madrecha Solutions.
2.5 Term and Termination.
The term of this JSLA granted to YOU for the use of the SOFTWARE PROOUCT is for 1 year, renewable automatically, but without prejudice to any other rights, Madrecha Solutions may terminate this JSLA, if You fail to comply with any of the terms and conditions of this JSLA, which includes, but would not be limited to, Your unauthorized reproduction, copying, distribution, modification, adaptation or the making of a derivative of or display of the SOFTWARE PRODUCT or SOFTWARE or any of the key codes associated with the same. In such event, upon such termination You must destroy all copies of the SOFTWARE PRODUCT or SOFTWARE and any key codes associated with the same and all of its component parts and You must provide Madrecha Solutions in writing Your certification as to the same.
2.6 Software for Windows. The SOFTWARE PRODUCT or SOFTWARE which is the subject matter of this JSLA is for use and/or runs on a Windows operating system only, and the SOFTWARE and SOFTWARE key associated with the SOFTWARE may not be operable on any other systems.
2.7 Trial Version This section 2.7 and its subparagraphs apply in addition to the license granted in Section 1 above and solely if You have received a valid copy of a Trial Version of the SOFTWARE PRODUCT or SOFTWARE from Madrecha Solutions.
(i) Subject to the terms and conditions of this JSLA, Madrecha Solutions grants to You a non-exclusive license to install a copy of the Trial Version on a single computer strictly for Your internal evaluation and review purposes and not for production purposes.
(ii) You shall not (a) in the aggregate install or use more than one copy of the Trial Version, (b) download the Trial Version under more than one username, if applicable, (c) alter the contents of a hard drive or computer system to enable the use of the Trial Version for an aggregate period in excess of the Trial period for which You may evaluate the Trial Version, (d) disclose the results, if any, of the SOFTWARE performance benchmarks obtained using the Trial Version to any third party without Madrecha Solutions’s prior written consent, (e) use the Trial Version for a purpose other than the sole purpose of determining whether to purchase a license to the SOFTWARE PRODUCT or SOFTWARE. Notwithstanding the foregoing, You are strictly prohibited from installing or using a copy of the Trial Version for any commercial training purposes.
(iii) Your licensed rights to install and use a copy of the Trial Version under this section 2.7. will immediately terminate upon the earlier of (a) the expiration of the Trial Period, or (b) such time that You purchase a license to the SOFTWARE PRODUCT or SOFTWARE. Madrecha Solutions reserves the right to terminate Your license to a copy of the Trial Version at any time in its sole discretion. To the extent that any provision in this section 2.7 is in conflict with any other term or conditions in this JSLA, this section 2.7 shall supersede such other terms and conditions with respect to the Trial Version only, but only to the extent necessary to resolve the conflict. YOU ACKNOWLEDGE THAT THE TRIAL VERSION MAY HAVE LIMITED FEATURES, FUNCTION FOR A LIMITED PERIOD OF TIME, AND/OR HAVE OTHER LIMITATIONS NOT PRESENT IN A NON-TRIAL VERSION OF THE SOFTWARE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS JSLA, THE TRIAL VERSION IS PROVIDED TO YOU ON AN “AS IS” BASIS, AND MADRECHA SOLUTIONS DISCLAIMS ANY WARRANTY OR LIABILITY OBLIGATIONS TO YOU OF ANY KIND.
3. Intellectual property Rights. All rights, title, and interests, including, but not limited to, all copyrights, trade secret rights, patent and trademark rights in and to the SOFTWARE PRODUCT or SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text, and “applets,” incorporated into the SOFTWARE PRODUCT or SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT or SOFTWARE, are owned by and shall remain the sole property of Madrecha Solutions or its suppliers or licensors.
4. Injunctive Relief. The parties agree that if You utilize or otherwise use any of the SOFTWARE PRODUCT or SOFTWARE in an unauthorized manner, or breach the remaining terms and conditions of this JSLA, that such use or breach would have a devastating and serious impact on Madrecha Solutions’s continuing ability to compete profitably and would, therefore, result in immediate and irreparable injury, loss or damage to Madrecha Solutions. The parties agree that in such event, in addition to Madrecha Solutions’s right to recover damages for a breach of this JSLA, Madrecha Solutions shall be entitled to obtain a temporary restraining order or a preliminary injunction from a court of competent jurisdiction, without posting of bond or proof of actual damages, to prevent You, Your employees, agents, consultants, or independent contractors from engaging in any further use copying, reproduction, distribution, modification, adaptation, or making of derivative works or display of the SOFTWARE PRODUCT or SOFTWARE or the continued breach of the remaining terms and conditions of this JSLA .
5. Dual-Media Software. If you were licensed to receive the SOFTWARE PRODUCT or SOFTWARE in more than one medium, regardless of the type or size of medium You receive, You are licensed to use only one medium that is appropriate for Your single Computer. You may not use or install the other medium on another Computer other than as expressly stated in the JSLA. You may not loan, rent, lease, license, distribute or otherwise transfer the other medium to another user.
6. INDIA Government Restricted Rights. The SOFTWARE PRODUCT or SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the government is subject to restrictions as set forth in Information Technology Act, 2000 as amended form Time to Time.
7. Miscellaneous. This JSLA is governed by the laws of India. You agree to the exclusive jurisdiction of the Courts of Thane, Maharashtra, India. This Agreement has been prepared in the English language and such version shall be controlling in all respects and any non- English version of this Agreement is solely for accommodation purposes. This JSLA shall not be governed by the United Nations’ Convention on Contracts for the International sale of Goods, the application of which is expressly excluded.
Should You have any questions, complaints or claims with respect to the SOFTWARE PRODUCT or SOFTWARE, or if You desire to contact Madrecha Solutions for any reason, please contact the Madrecha Solutions partner serving Your city, or write:
Madrecha Solutions, Bunglow No 92, Mahatma Phule Naka, Thane W, 400606, Maharashtra, India
Support: [email protected]
Web Site: http://www.madrecha.com/solution
8. Limited Warranty. Madrecha Solutions warrants (the “Limited Warranty”) that (a) the SOFTWARE PRODUCT or SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt.
9. Customer Remedies. Madrecha Solutions’s and its suppliers’ or licensor’s entire liability and Your exclusive remedy shall be, at Madrecha Solutions’s option, either (a) return the license fee paid, or (b) repair or replacement of the SOFTWARE PRODUCT or SOFTWARE and which is returned to Madrecha Solutions with a copy of Your receipt. This Limited warranty is void if failure of the SOFTWARE PRODUCT or SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT or SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the India, neither these remedies nor any product support services offered by Madrecha Solutions are available without proof of purchase from an authorized international source.
10. NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MADRECHA SOLUTIONS AND ITS SUPPLIERS, AND LICENSORS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, QUIT ENJOYMENT, NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH REGARD TO THE SOFTWARE PRODUCT OR SOFTWARE, SERVICES, CONTENT, OR LIBRARY CONTENT AND ANY ACCOMPANYING HARDWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
11. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MADRECHA SOLUTIONS OR ITS SUPPLIERS, OR LICENSORS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR SOFTWARE, SERVICES, CONTENT, OR LIBRARY CONTENT, EVEN IF MADRECHA SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
12. Content, Library Content and Indemnity.
12.1 You acknowledge and understand Your Content is Your sole responsibility including making and keeping back-up copies of Your Content and Your use and distribution of Your Content is at Your sole discretion and risk. You shall be solely responsible for any claims or causes of action that may arise in connection with such use and distribution of Your Content. Notwithstanding anything to the contrary herein, Madrecha Solutions has no responsibility or liability for the deletion or accuracy of Your Content or any other Content or Library Content, the failure to store, transmit or receive transmission of Your Content or any other Content or Library Content (whether or not processed by the Service), or the security, privacy, storage, or transmission of other communications originating with or involving use of the SOFTWARE PRODUCT or SOFTWARE or Service. Certain features of the SOFTWARE PRODUCT or SOFTWARE or Service enable you to specify the level at which the SOFTWARE PRODUCT or SOFTWARE or Service restrict access to your Content. You are solely responsible for applying the appropriate level of access to Your Content. You further agree to defend, indemnify and hold Madrecha Solutions, its affiliates, subsidiaries, officers, directors, employees, consultants, agents, suppliers, licensors and resellers from any and all third party claims, whether foreign or domestic, and any and all liability, damages and/ or costs including, but not limited to, reasonable attorney fees, arising from Your use of the SOFTWARE PRODUCT or SOFTWARE and Your Content and the distribution of the same, Your violation of this JSLA, or the infringement or violation by You or any other user of the SOFTWARE PRODUCT or SOFTWARE, of any agreement of any kind or any intellectual property or other right, including but not limited to, patent, trademark, copyright or trade secret rights of any person or entity or any claims that may or are alleged to result in the invasion of privacy, slander, libel or for infringement on a person’s rights of publicity due to the publication or distribution of Your Content.
12.2 Ownership of Content and Library Content, License, and Restrictions.
12.3 Your Representations and Warranties Regarding Your Content You represent and warrant that: (a) You are the owner, licensor, or authorized user of all Your Content; and (b) You will not upload, record, publish, post, link to, or otherwise transmit or distribute Content that: (i) advocates, promotes, incites, instructs, assists or otherwise encourages violence or any illegal activities; (ii) infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party or Madrecha Solutions, or any rights of publicity or privacy of any party, whether foreign or domestic; (iii) attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents Your affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate; (iv) promotes, solicits or comprises inappropriate, harassing, abusive, profane, defamatory, libellous, threatening, hateful, obscene, indecent, vulgar, pornographic or otherwise objectionable or unlawful content or activity; (v) is harmful to minors; (vi) contains any viruses, Trojan horses, worms, time bombs, or any other similar software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, Information, or property of another; or (vii) violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising).
13. Survival. The conditions, restrictions and obligations as contained in this JSLA which You have voluntarily agreed to shall survive any expiration, termination or cancellation of this JSLA, and shall continue and remain in effect to bind You, and Your employees, agents, successors, heirs and assigns.
14. Integration. This JSLA and the applicable License Order and Addendums sets forth the entire Agreement and understanding between the parties as to the subject matter of this JSLA and supersedes all prior discussions, representations, and amendments of understandings of every kind and nature between them.
16. Assignability. Except as otherwise expressly provided under this JSLA, this JSLA and the rights and duties under this JSLA may not be assigned by You without the prior written consent of Madrecha Solutions.
17. Benefit. This JSLA shall be binding upon and inure to the benefit of Madrecha Solutions and its successors and assigns.
18. Captions. Captions contained in this JSLA are inserted for reference and in no way define, limit, extend or describe the scope of the JSLA or intent of any provision in the JSLA.
19. Severability. If any provision of this JSLA becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable, or void, this JSLA shall continue in full force and effect without said provision; provided, however, that no such severability shall be effective if it materially changes the economic benefit of the JSLA to the other party.
20. Authority to Accept. You warrant and represent to Madrecha Solutions this JSLA shall be binding upon You, and that the individual agreeing to be bound under the terms and conditions of this JSLA is authorized or has been empowered to do so.
21. Third party Beneficiary. You acknowledge and agree that Madrecha Solutions’s suppliers and licensors (and/or Madrecha Solutions if You obtained the SOFTWARE PRODUCT or SOFTWARE from any party other than Madrecha Solutions) are third party beneficiaries of this Agreement, with the right to enforce the obligations set forth herein with regard to the respective technology or Content of such suppliers, licensors and/or Madrecha Solutions.
22. Third party Acknowledgement and Terms. The SOFTWARE PRODUCT or SOFTWARE licensed under the terms and conditions of this JSLA may use or include third party components, Content, other copyrighted material, and/or open source software which may be subject to certain “open source” or ”free software” licenses (“Open Source Software”). Acknowledgments, licensing terms and additional disclaimers for such components, Content, or materials are contained in the “online” electronic documentation for the SOFTWARE PRODUCT or SOFTWARE, including without limitation, a 3rdPartyLicensing.txt file or may otherwise accompany the same, or are contained in Addendums to this JSLA, and Your use of such components, Content, other copyrighted material, and/or Open Source Software is governed by their respective terms and conditions and nothing in this JSLA limits your rights under or grants You rights that supersede the terms and conditions of any such applicable third party terms and conditions for such third party components, Content, other copyrighted material, and/or Open Source Software.
AS STATED ABOVE, PAYING THE LICENSE FEE FOR THE SOFTWARE PRODUCT WITHOUT PROMPTLY REQUESTING A REFUND OF SUCH FEE OR INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT, INDICATES YOUR ACCEPTANCE OF THIS JSLA AND YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS JSLA AS A LICENCEE.
MADRECHA, MADRECHA SOLUTIONS and JAMKU are registered trademarks or in the process of registration of Adarsh Madrecha in India and/or other countries. All other trademarks are the property of their respective owners.