End User License Agreement Important Read Carefully: By Downloading, Installing, And/Or Using The Software (Defined Below), You (Defined Below) Agree To Be Bound By The Terms Of This Agreement (Defined Below). If You Do Not Agree To The Terms Of This Agreement, You Must Not Download, Install, Or Use The Software, And You Must Delete Or Return The Unused Software.
This End User License Agreement is hereby entered into and agreed upon by you, either an individual or an entity, and its Affiliates (defined below) (You or Company) and HURREY Tech Ventures Private Limited (Hurrey) for the Software (as defined below).
1.1 Affiliates means an entity controlled by, under common control with, or controlling such party, where control is denoted by having fifty percent (50%) or more of the voting power (or equivalent) of the applicable entity. Subject to the terms and conditions of this Agreement, Affiliates may use the license granted hereunder. All references to Hurrey shall be deemed to be references to Hurrey and its Affiliates, and all references to Company, You, or Yourself shall be deemed to be references to Company and its Affiliate(s).
1.2 "Computer" means the hardware, if the hardware is a single computer system, whether physical or virtual, or means the computer system with which the hardware operates, if the hardware is a computer system component.
1.3 "Documentation" means the user documentation provided by Hurrey to You on the use of the Software. For the avoidance of doubt, any installation guide or end user documentation not prepared or provided by Hurrey; any online community site; or feedback does not constitute Documentation.
1.4 "Software" means the object code versions of the product, together with the updates, new releases or versions, modifications or enhancements, owned and provided by Hurrey to You pursuant to this Agreement.
2.1 Production License. Upon payment of the applicable fees for the Software and continuous compliance with the terms and conditions of this Agreement, Hurrey hereby grants You a limited, perpetual, nonexclusive, non-transferable license to use the object code of the Software and Documentation in Your facility subject to the terms contained herein:
a) For each Software license key that You purchase from Hurrey, You may: (i) use the Software on any single Computer, unless the Documentation clearly indicates otherwise; and (ii) copy the Software for back-up and archival purposes, provided any copy must contain all of the original Software's proprietary notices and a notice that it will not be used for transfer, distribution or sale.
b) The Software is in use on a Computer when it is loaded into temporary memory or installed in permanent memory (hard drive, CD-ROM or other storage device). You agree to use Your reasonable efforts to prevent and protect the contents of the Software and Documentation from unauthorized use or disclosure, with at least the same degree of care that You use to protect Your own confidential and proprietary information, but in no event less than a reasonable degree of care under the circumstances. You agree that You will register this Software only with Hurrey and that You will only install a Software license key obtained directly from Hurrey.
2.2 Software Evaluation License. If the Software is provided to You for evaluation purposes, Hurrey grants to You a nonexclusive, limited, royalty-free, non-transferable evaluation license to use the Software solely for evaluation prior to purchase (an Evaluation License). The Evaluation License shall terminate on the end date of the pre-determined evaluation period or immediately upon notice from Hurrey at its sole discretion. Notwithstanding any other provision contained herein, Software provided pursuant to an Evaluation License is provided to You AS IS without indemnification, support, or warranty of any kind, explicit or implied. Except to the extent such terms conflict with the specific Evaluation License terms set forth in this Section, all other terms of this End User License shall apply to Software licensed under an Evaluation License.
3.1 You may not:
3.2 Hurrey Trademarks. You may not delete, remove, hide, move or alter any trademark, logo, icon, image or text that represents the company name of HURREY Tech Ventures Private Limited , any derivation thereof, or any icon, image, or text that is likely to be confused with the same.
3.3 COMPLIANCE WITH EXPORT LAWS. You shall comply with all laws and regulations of India and other countries ("Export Laws") to assure that the Software Product is not
3.4 Compliance with Applicable Laws. You agree that You shall use the Software and Documentation solely in a manner that complies with all applicable laws in the jurisdictions in which You use the Software and Documentation, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
Use herein of the word purchase in conjunction with licenses, license keys, or the Software shall not imply a transfer of ownership. Unless as conveyed herein, this Agreement does not grant You any rights, title, or interest in or to Software, Documentation, trademarks, service marks, or trade secrets, or corresponding intellectual property (including without limitation any images, photographs, animations, video, audio, music, and text incorporated into the Software, the accompanying printed materials, and any copies of the Software) of Hurrey or its suppliers, and all rights, title, and interest in and to the Software, Documentation, and corresponding intellectual property shall remain the property of Hurrey , its suppliers, or are publicly available. All rights not expressly granted under this Agreement are reserved by Hurrey, its suppliers, or third parties. All title, rights, and interest in and to content, which may be accessed through the Software, is the property of the respective owner and may be protected by applicable intellectual property laws and treaties. This Agreement gives You no rights to such content, including use of the same. Hurrey agrees that the data and information (including without limitation, computer software, computer database, computer software documentation, specifications, design drawings, reports, blueprints, and the like) generated by the Software from Your proprietary data and information shall be and remain Your sole property. EXCEPT AS EXPRESSLY STATED IN THIS SECTION, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, HURREY IS PROVIDING AND LICENSING THE SOFTWARE TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPLICIT OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
You will indemnify and hold Hurrey harmless from any third party claim brought against Hurrey claiming that the Software infringes or misappropriates patent, copyright, trademark, trade secret, or other intellectual property rights of a third party due to modifications or usage by You .
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HURREY , ITS DIRECTORS, OFFICERS, AGENTS, SUPPLIERS AND LICENSORS, BE LIABLE TO YOU (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) (I) FOR MORE THAN THE AMOUNT OF LICENSE FEES THAT YOU HAVE PAID TO HURREY IN THE PRECEDING (12) TWELVE MONTHS FOR THE APPLICABLE SOFTWARE OR (II) FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE,OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST BUSINESS OPPORTUNITIES, LOSS OF USE OF THE SERVICE OFFERING, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF DATA, LOST SAVINGS, OR OTHER ECONOMIC DAMAGE , ARISING OUT OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, EVEN IF HURREY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
To the extent the Software is bundled with third party software programs; these third party software programs are governed by their own license terms, which may include open source or free software licenses. Nothing in this Agreement limits an end users rights under, or grants the end user rights that supersede, the terms of any such third party software.
This Agreement shall be governed by the laws of India except that the United Nations Convention on the International Sale of Goods shall apply. You hereby consent to jurisdiction of the courts of Mumbai , India
This EULA (including any addendum or amendment to this EULA which is included with the Hurrey Product) is the entire agreement between you and Hurrey relating to the Software Product and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software Product or any other subject matter covered by this EULA. To the extent the terms of any Hurrey policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. This Agreement shall not be amended or modified except in a writing signed by authorized representatives of each party.