Software License Agreement

SOFTWARE LICENSE AGREEMENT

IMPORTANT -

AFTER YOU HAVE READ THE AGREEMENT, CLICK ON "I accept the terms of the License Agreement"  IF YOU AGREE TO BE BOUND BY ALL OF ITS TERMS. YOU MAY THEREAFTER INSTALL AND USE THIS SOFTWARE AND ITS RELATED DOCUMENTATION ACCORDING TO THOSE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN CLICK ON THE "Cancel" BUTTON, AND DO NOT INSTALL OR USE THE LICENSED SOFTWARE.

YOU AGREE THAT YOUR USE, COPYING, OR OTHERWISE MANIPULATING OF THE LICENSED SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS.

1. LICENSE: The "DEVELOPER" (Sudhir Agarwal) hereby grants you a nonexclusive, nontransferable right to use the Licensed Software for your internal use on Device owned and operated by you. You shall not have the right to copy, modify, sell, or transfer any part of the Licensed Software.

2. RESTRICTIONS: Except as specifically permitted in this agreement, you shall not have the right to:

(a) Copy the Licensed Software;
(b) Sublicense the Licensed Software;
(c) Resell, rent, lease, transfer, distribute, or otherwise provide the Licensed Software to a third party;
(d) Modify, translate, reverse engineer, decompile, disassemble, or create derivative works based upon the Licensed Software; or
(e) Remove any copyright notice or any proprietary trade or service marks or notices of DEVELOPER from the Licensed Software or any related documentation; or

3. OWNERSHIP AND COPYRIGHT OF SOFTWARE: Title to the Licensed Software and all copies thereof remain with the Developer. The Licensed Software is copyrighted and is protected by United States copyright laws and international treaty provisions. You will not remove the copyright notice or any proprietary trade or service marks of DEVELOPER from the Licensed Software. You agree to prevent any unauthorized copying of the Licensed Software. Except as expressly provided herein, DEVELOPER does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.

4. COLLECTED INFORMATION AND MODIFICATION OF SETTINGS: During the installation of the Licensed Software, you may be requested to input certain information about yourself (such as your first and last name, your username, etc.), which will be sent to DEVELOPER. In addition, use of the Licensed Software will send to DEVELOPER certain information about the configuration of your Device. BY AGREEING TO THIS AGREEMENT, YOU HEREBY GRANT TO DEVELOPER THE RIGHT TO USE THIS INFORMATION AS PROVIDED HEREIN, AND YOU HEREBY WAIVE THE RIGHT TO BRING A CLAIM OR LAWSUIT AGAINST R DEVELOPER ARISING OUT OF OR RELATING TO DEVELOPER'S USE OF THAT DATA.

Also, your use of the Licensed Software may access the details on your phone which will be specified when you are installing the software. BY AGREEING TO THIS AGREEMENT, YOU HEREBY GRANT DEVELOPER THE RIGHT TO CHANGE THE INTERNET-RELATED SOFTWARE SETTINGS ON YOUR DEVICE AND SET NETWORKING CONFIGURATION PARAMETERS ON YOUR DEVICE, AND YOU WAIVE ANY CLAIM THAT MAY BE ASSERTED AGAINST DEVELOPER OR DEVELOPER FOR ANY HARM THAT MAY ARISE FROM OR MAY BE RELATED TO THOSE CHANGES AND/OR SETTINGS.

5. DISCLAIMER OF WARRANTY: REGARDLESS OF WHETHER YOU ACTUALLY REGISTER TO USE THE LICENSED SOFTWARE, THE LICENSED SOFTWARE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND. BOTH DEVELOPER EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, OR ANY WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD PARTY'S PATENT(S), TRADE SECRET(S), COPYRIGHT(S), OR OTHER INTELLECTUAL PROPERTY RIGHTS. DEVELOPER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

7. LIMITATION OF LIABILITY:

EXCEPT AS MAY BE REQUIRED BY LAW, IN NO EVENT SHALL DEVELOPER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE LICENSED SOFTWARE, EVEN IF DEVELOPER OR DEVELOPER HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. DEVELOPER SHALL NOT BE LIABLE FOR ANY BUSINESS INTERRUPTION; LOST PROFITS OR REVENUE; LOSS OF USE OF THE LICENSED SOFTWARE; LOSS OF DATA OR EQUIPMENT; THE COST OF SUBSTITUTE PROCUREMENT; CLAIMS BY THIRD PARTIES OR OTHER SIMILAR COSTS EXCEPT AS REQUIRED BY LAW.

BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

9.INDEMNIFICATION. You agree, at your own expense, to indemnify, defend and hold harmless DEVELOPER’s affiliates and agents, from and against any action, damages, suits, claims, liabilities, costs and expenses (including reasonable attorneys' fees) based on a claim arising from or relating to this Agreement or your use of the Licensed Software, or any other part, feature or tool of or made available through the Licensed Software.

11. NO EXPORT OR RE-EXPORT: You may not use, or export or re-export, the Licensed Software except as consistent with the Agreement and as authorized by United States laws. In particular, but without limitation, the Licensed Software may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Table of Denial Orders or Denied Person's List or Entity List. By using the Licensed Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or location, or on any such list.

12. APPLICABLE LAWS: This Agreement is governed by the laws of the state of New York. In any suit wherein DEVELOPER or DEVELOPER is named as a party, New York is the exclusive venue if the action includes a claim arising out of or relating to this Agreement or the use of the Licensed Software. You may not export the Licensed Software in violation of U.S. export laws and regulations.

IF YOU AGREE WITH EACH AND EVERY TERM SET FORTH ABOVE, CLICK ON "I accept the terms of the License Agreement" AND CONTINUE USING THE LICENSED SOFTWARE.

IF YOU DO NOT AGREE WITH EACH AND EVERY TERM SET FORTH ABOVE, CLICK ON THE CANCEL BUTTON. THEREAFTER, DO NOT INSTALL.