tZirr 1.0

EULA - End User License Agreement

Terms and Conditions
YOU MUST CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS BEFORE INSTALLING AND USING THIS SOFTWARE TOOL. (HEREINAFTER REFERRED TO AS SOFTWARE). THE SOFTWARE PROVIDED HERE IS LICENSED TO YOU UNDER THIS LICENSE AGREEMENT AND IS NOT SOLD TO YOU. THE TERMS AND CONDITIONS PROVIDED HERE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU (HEREINAFTER REFERRED TO AS YOU OR YOUR OR USER) AND NASCOR TECHNOLOGIES PRIVATE LIMITED,. (HEREINAFTER REFERRED TO AS COMPANY) HAVING ITS PLACE OF BUSINESS AT BANGALORE, INDIA, BY INSTALLING AND USING THIS SOFTWARE, YOU ARE BOUND BY THESE TERMS AND CONDITIONS AND REPRESENT AND WARRANT THAT YOU ARE PERMITTED TO DO SO UNDER APPLICABLE LAW. IN CASE OF AN ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO LEGALLY BIND YOUR ORGANIZATION AND YOUR ORGANIZATION WILL BE BOUND BY THE OBLIGATIONS AND RESTRICTIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS, OR DO NOT HAVE THE AUTHORITY TO BIND YOUR ORGANIZATION TO THESE TERMS AND CONDITIONS, THEN DO NOT DOWNLOAD, OPEN, INSTALL OR USE THIS SOFTWARE. YOU CAN CONTACT THE COMPANY TO ARRANGE THE RETURN OF THE SOFTWARE TO COMPANY AT NO CHARGE TO YOU. YOU SHALL USE THE SOFTWARE ONLY IN COMPLIANCE WITH THESE TERMS AND CONDITIONS

1. DEFINITIONS
For the purposes of interpretation, the following terms shall have the meaning assigned to them herein:
a) You, shall refer to any person, whether natural or juristic, who uses the Software of the Company.
b) Party, shall mean either You or the Company based upon the context in which it is used and Parties shall mean both You and the Company based upon the context in which it is used.
c) Software shall mean the software, documentation, files and materials that has been legally acquired/used/installed by You and shall include any subsequent updates or modifications or versions thereof.
d) Intellectual Property shall mean any invention, creation, work, algorithm, source code, object code or other code, design, Confidential Information and so on which have been acquired, are in the process of being acquired or capable of being acquired as patents, copyrights, trademarks, trade secrets or other types of Intellectual Property
e) Confidential Information shall mean any electronic, written or oral information, including and not limited to the transaction details, business details, technical and scientific information, research related information, invention techniques, processes, programs, schematics, software source documents and so on, which is disclosed to You by the Company.
Confidential Information shall not include:
a) The information which is in the public domain or comes into the public domain otherwise than by Your disclosure or default; or
b) The information which was or is lawfully obtained or available from a third party who was lawfully in possession of the same and free to disclose it; or
c) The information, which was already known to You and has been received from a source other than the Company

2. OWNERSHIP:
You acknowledge and agree that the Software is licensed to You and that the Company retains ownership of all rights, title and interest to the Software and any Intellectual Property Rights contained therein including but not limited to all patents, copyrights, and trademarks. Except for the License expressly granted herein the Company does not grant You any express or implied right in any Patents, Copyrights, Trademarks or Confidential Information. You shall not remove any Copyright notices from the Software and shall prevent any unauthorized copying of the Software.

3. CONFIDENTIALITY:
You agree that the Software and any other documentation provided to You by the Company constitute the Confidential Information of the Company. You shall at all times, both during the Term of this Agreement and for a period of three years after its termination, keep in trust and confidence all Confidential Information, and shall not use such information in any manner. You shall not publish, disclose, distribute, transmit, post or otherwise make available any such Information to any third party without Companys prior written consent. You agree to implement reasonable security measures to protect such Confidential Information and shall use Your best efforts to co-operate with the Company in identifying and preventing any unauthorized use, copying or disclosure of the Software or any Documentation or any parts thereof. If You are agreeing this Terms and Conditions on behalf of an Organization, You shall disclose Confidential Information only to those of Your employees who need to know such information and shall ensure that Your employees observe the Confidentiality Obligations under this Clause.

4. PRIVACY:
The Company may collect some of Your personal information and data while installing and/or using the Software. Such information collected is only attributed to the functionality of the Software such as identification and validating of systems and users and for no other purpose whatsoever. You may read the Companys Privacy Policy with respect to any such collected information by visiting our website link here.
http://www.nascorgroup.com/policy/PrivacyPolicy.pdf

5. LICENSE:
Subject to the Terms and Conditions of this Agreement and any updates or changes made to this Terms and Conditions in future, the Company hereby grants You a world-wide, non-exclusive and non-transferable license to install and use this Software. All rights not expressly granted to You are reserved by the Company. The license granted herein enables You to do the following:
a) You may install and use the Software on the system for which a legal copy of the Software has been acquired by You;
b) You may make a single copy of the Software for personal archival purposes and for use consistent with the Terms and Conditions;
c) In case of an Organization, You may make copies of the Software and distribute such copies to others within the Organization as legally permitted at the time of purchase of the Software. However, All recipients shall be bound by these Terms and Conditions.

5. RESTRICTIONS ON GRANT OF LICENSE:
a) The license granted hereby is non-exclusive and non-transferable. You shall not sell, lease, rent, loan, distribute except as provided above, transfer or disclose the Software or any part thereof to any third party.
b) You shall not reverse engineer, decompile, disassemble, or otherwise attempt to derive or discover the source code, protocols or other trade secrets of the Software. You shall not separate the Software, which is licensed as a single product into its component parts.
c) You shall not modify or create any derivative works or improvements of the Software.
d) You shall not merge the Software with any other software.
e) You shall not remove any proprietary notices embedded on the Software.
f) You are permitted to install/activate the software only on one system at one time as multiple system access using the same installation will be automatically invalidated based on the system address/details captured by the Software.
g) You shall uninstall/remove/de-activate any and all-previous installations of the Software before proceeding to install the Software on a different system.

6. SUPPORT:
The Company offers no technical or maintenance support for the Software. The Company may provide an email address for you to send any queries regarding the Software. The Company does not make any representations or warranties as to the accuracy of any statements or advice provided in response to your emails.

7. UPDATES:
From time to time, the Software may automatically download and install any updates, modifications or versions of the Software to your system. You hereby acknowledge that these modifications and changes may be incompatible with any previous versions.

8. NOTIFICATION OF ERRORS:
You may notify the Company of any functional flaws, failures, errors, anomalies or other malfunctions directly or indirectly associated with the Software within 24 hours of such occurrence. The Company does not warrant or represent that it shall rectify any such errors.

9. DISCLAIMER OF WARRANTIES:
THE SOFTWARE IS PROVIDED ON AN AS IS BASIS AND YOU HEREBY EXPRESSLY AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE COMPANY DOES NOT MAKE ANY WARRANTIES IN CONNECTION WITH THE SOFTWARE AND TO THE MAXIMUM EXTENT PROVIDED UNDER LAW, DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTY THAT THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, OR SECURE OR ERROR FREE. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, LOSS OR HARM THAT MAY BE CAUSED TO THE COMPUTER SYSTEMS, SERVERS, OR ANY OTHER HARDWARE/SOFTWARE DEVICES DUE TO THE USE OF THE SOFTWARE. NOTHING IN THIS TERMS AND CONDITIONS OR IN ANY OTHER COMMUNICATION, WHETHER ORAL OR WRITTEN, MADE BY THE COMPANY OR ITS REPRESENTATIVES, SHALL CONSTITUTE ANY WARRANTY.

10. NO LIABILITY:
a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE AND ANY LOSS OR DAMAGE ARISING OUT OF OR IN RELATION TO ACTS OF GOD OR ACT OF THIRD PARTY THAT IS BEYOND THE CONTROL OF THE COMPANY.
b) THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGE FOR ANY DATA PROVIDED BY THE USER OR ANY VIOLATION OF THIRD PARTY RIGHTS OF WHATSOEVER NATURE, ARISING OUT OF OR IN ANY MANNER RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE.

11. INDEMNITY:
You agree to indemnify, defend and hold the Company, (including all its officers, directors and employees) harmless from and against any and all damages, liabilities, costs and expenses, including attorneys fees and expenses, arising out of, incident to, or resulting directly or indirectly from the use of the Software in a manner inconsistent with this Terms and Conditions.

12. TERM AND TERMINATION:
The Terms and Conditions contained herein will be effective from the instant You download, open, install or use the Software and shall continue unless terminated by either party. You may terminate the Agreement by discontinuing use of the Software by uninstalling the Software and deleting all the files connected with the Software. The License granted herein terminates automatically if You violate any of the Terms and Conditions contained herein. The provisions relating to Intellectual Property Rights and Confidentiality will survive such termination.

13. GOVERNING LAW AND ARBITRATION:
a) Notwithstanding the location of the Companys server or Your place of domicile, the construction of these Terms and Condition shall be determined in accordance with the provisions of Indian Contract Act, 1872 and other laws in force in India and shall be subject to the exclusive jurisdiction of Courts in Bangalore.
b) All disputes arising under or in relation to this Agreement may be referred to Arbitration before a sole arbitrator. If the Parties fail to agree on the appointment of a sole arbitrator within the time stipulated under the Indian Arbitration and Conciliation Act, 1996, (the Act) the Parties shall approach the competent Court under the Act for the appointment of a Sole Arbitrator. The Arbitration proceedings shall be carried out in accordance with the provision of the Act and Rules framed there under and the place of Arbitration shall be in Bangalore. The Arbitration proceedings shall be conducted in English.

14. EXPORT CONTROL:
You agree that the Software licensed under this Agreement are subject to Export Control laws and regulations of India and You will not export, re-export, or transfer any technology, software, or source code subject to this Agreement, either directly or indirectly to any national in any other country, without the prior written permission of the Company.

15. SEVERABILITY:
If any term or provision of these Terms and Conditions is hereafter declared to be illegal by a final adjudication of any tribunal or court of competent jurisdiction, such adjudication shall not alter the validity or enforceability of any other terms or provisions of these Terms and Conditions.

16. WAVIER:
The failure of the Company to enforce at any time any of the provisions of this Agreement shall not be construed to be a waiver of such right, power, privilege or remedy or as a waiver of any preceding or succeeding breach on Your part to this Agreement nor shall any single or partial exercise of any right power privilege or remedy preclude any other or further exercise of such or any other right power privilege or remedy provided in this Agreement all of which are several and cumulative and are not exclusive of each other or of any other rights or remedies otherwise available to the Company at law or in equity.

17. MODIFICATION:
The Terms and Conditions contained herein may be modified from time to time by the Company and it shall be Your responsibility to regularly review the Terms and Conditions and Privacy Policy for any updates as available in our website link here.
http://www.nascorgroup.com/Policy/TermsAndConditions.pdf
http://www.nascorgroup.com/policy/PrivacyPolicy.pdf

18. NOTICES:
All notices to the Company hereunder shall be in writing and shall be duly given if delivered personally or sent by registered mail, return receipt requested, or facsimile to the following Address or emailed to the following email id:

Companys Address:
#17, MIG 1st Stage, KHB Colony, Basaweswaranagar, Pin Code: 560079,
Bangalore, INDIA.

Companys website: www.nascorgroup.com
Companys email id: info@nascorgroup.com

I have read and understood the Terms and Condition and Privacy Policy and I hereby, out of my free will, unconditionally accept to be bound by the same.