End User Licence Agreement
This GESTURE End User Licence Agreement (EULA) is a Legal Agreement between YOU as a licenceduser (Hereinafter referred as “Licencee”) AND NAME OF FIRM . (Hereinafter referred to as“GESTURE ”) for the use of SOFTWARE (Hereinafter referred to as “Software”) which includes the Software,Data-base, CD-Rom Disc, User ' s Manual and other components accompanying this EULA. THIS AGREEMENT is effective the moment you open the packet containing the CD-Rom Disc and youshall be bound by the terms and conditions of this EULA. If you do not agree to the terms of this Agreement you arenot authorised to use the Software. In such event, you should promptly contact the GESTURE for mode of the return of ‘ Unused Product ' for a refund. This Software product is protected by Copyright laws, International Copyright treaties as well as otherIntellectual 'property laws and treaties. The Software is licenced for limited period use, "Not Sold" .
THIS AGREEMENT WITNESSETH AS UNDER: -
Grant & Extent of Licence
1.1 Once the Licencee opens the package containing the CD-Rom Disc, the terms and conditions mentioned inthis EULA shall come into force instantly and automatically.
1.2 This EULA is granted for “limited period use”.
1.3 The GESTURE does not sell any right in the Software in question, rather grants licence for limited period useas also specified in the GESTURE invoice, but in no case the period of licence shall exceed one year fromthe date of its procurement, unless licence is renewed on payment of licence fee for further specified period.
1.4 The licence is granted for using the Software on single Computer at a single location within the Licencee'sOrganisation.
1.5 The Software is licensed for exclusive use of the Licencee and shall not be used for passing onmaterial/information through any media to the third party for commercial or other purposes.
Rights & Restrictions
2.1 The Licencee shall have no right to sell, assign, lend, give on rent or otherwise transfer the Software or theLicence to any other person without prior written consent of GESTURE .
2.2 The Licencee is not permitted to copy, re-produce, transmit, transcribe store in retrieval system or translateinto in any language in any form or mode whatsoever; the Software, User ' s Manual or portion(s) thereof(except as permitted by this Agreement) without the written permission of GESTURE . The Licencee shall alsoprevent unauthorized copies of the Software being made.
2.3 The licence fee does not include any kind of assistance or service charges. However, the GESTURE at itsdiscretion may render any kind of assistance or service to the Licencee.2.4 Licencee cannot make the Software available to any person or entity other than its employees, who mustuse the Software as specified in this agreement and only for the Licencee.
2.5 Licencee cannot modify, disassemble, decompile, reverse, engineer or make any attempt to discover thesource code to the Software or to unlock or by-pass the installation system and security arrangements.
2.6 Licencee shall comply with applicable laws regarding the use of Software.
2.7 GESTURE reserves the right to make any modifications, alterations, additions, deletions and changes in theSoftware, associated material specifications and mechanism without any prior notice to the Licencee andGESTURE shall have no obligation to notify such changes or revision to any person.
2.8 Each Licencee shall be provided with a “Hardware Lock” (Dongle) only once. Loss or misplacement of thisHardware Lock will deprive the Licencee of further use of the Software. Passwords provided to the licenceeshall be kept confidential.
2.9 This EULA shall remain valid for any of the version of upgrades of the Software.
3.1 Every care has been taken in bringing out this Software, inspite of this there may be errors or omissions.The publisher, producer, author, seller or others associated in the production of the Software shall not beresponsible for any kind of loss or damages caused to anyone by use of this Software. In case of doubt, youmay refer to original government official material/notification. Any error, omission or discrepancy in theSoftware may be brought to the notice of GESTURE , which shall be taken care of in the next releases.
3.2 GESTURE , its associates and agents shall not be responsible for any damage(s) to Licencee ' s data orproperty which may cause or occur by use of this Software.
3.3 This Software is supplied on “AS IS” basis that is, without any warranties, whatsoever, express or implied.Entire risk of using the Software must be assumed by the Licencee. Thus, user is advised to thoroughly testthe product before using/relying on it. In any event, any claim by the Licencee shall be limited exclusively tothe replacement of the Software or refund of the licence fee of the unused part of the Software.
3.4 GESTURE makes no warranty or representations as to the fitness, accuracy or performance of the Software.It particularly disclaim any warranty or fitness of the Software for any particular purpose.
3.5 This Software is supplied for use only to the maximum extent permissible under the applicable laws. TheGESTURE disclaims all warranties either expressed or implied including (but not limited to) implied warrantiesof merchantability and fitness for any particular purpose, with respect to the Software.
3.6 The GESTURE shall not be responsible for any delay in release of the “Updates” or future versions andreserves the right to revise, modify and to make changes to this Software without incurring any obligation tonotify or intimate any person of such changes and revisions.
Termination of Licence
4.1 If the Licencee fails to comply with the terms and conditions of EULA, the GESTURE reserves its right toterminate this licence without refunding the licence fee. In case of violation of any terms and conditions ofthis Agreement, the Licencee is also liable for legal consequences.
Replacement of Defective CD
5.1 If any CD ofGESTURE fails within 30 days of its supply for any reasons other than accident,negligence or misuse, GESTURE will replace the defective CD if it is returned within 30 days of its supply,provided the Licencee is the registered user of GESTURE Software. Except for this limited warranty there are no other warranty(ies) either expressed or implied provided with this Software.
No Liability for Consequential Damages
6.1 In no event shall GESTURE , its Associates or Agents be liable for any of the damages whatsoever including(but not limited to) damages or loss of business information, business interruption, business profits, or anyother pecuniary loss arising out of the use of or inability to use the Software, even if GESTURE or its supplierhas been advised of the possibility of such damage.
Limitation of Liability
7.1 The GESTURE , its Associates or Agents' entire liability and your exclusive remedy shall not exceed thereplacement of the Software or refund of the licence fee paid by you.
8.1 All titles, rights, copyright including the right to copy the matter, contents, software which includes codenumber, method of application, concepts, designs and technical aspects and Intellectual Property arereserved with GESTURE . All copy rights are acknowledged as belonging to their respective owners.
8.2 No part of this Software may be reproduced or copied in any form or by any means graphic, electronic ormechanical including, printing, photocopying, recording, taping on information retrieval systems orreproduced on any disc, tape perforated magnetic/media or other information storage device, etc., withoutthe written permission. This Software can be exported only by the GESTURE . Any Breach of this condition is liable for legal action.
8.3 This Software is protected by copyright law and international treaties. Any unauthorized use, reproduction ordistribution of this program, or any portion of it, directly or indirectly may result in severe civil and criminalfines and penalties, and will be prosecuted to the maximum extent possible under the law. All Trade Marks are hereby acknowledged as belonging to their respective owners.
9.1 The GESTURE provides free technical support to all registered users during the valid subscription periodthrough “GESTURE Registered Users' Support Service” and “Extended Technical Support Service”. Toreceive these discretionary services kindly fill in and forward the Registration Card accompanying theSoftware.
Updates and Upgrades
10.1 As a subscriber to SOFTWARE you shall be mailed “Updates” during the subscription period.
11.1 All Trade Marks are hereby acknowledged as belonging to their respective owners.
11.2 SOFTWARE CD also “uses Microsoft Agent Technology” and contains the current version of the MicrosoftAgent. However, “A new version of the Microsoft Agent (or component thereof) may be available fromMICROSOFT website. Please go to www.microsoft.com to update your software today.”
The Microsoft Agent is supplied as it is without warranty of any kind. The entire risk as to theuse/performance of the Microsoft Agent is assumed by the end-user. Neither MICROSOFT nor GESTURE shall be responsible in any manner.The licencee shall be bound and comply with all the terms and conditions of Microsoft Agent User LicenceAgreement.Microsoft Agent bundled with SOFTWARE are provided free of any charges.
11.3 This Agreement constitutes the entire Agreements.
11.4 This EULA is governed by the laws of India and subject to jurisdiction of Delhi Courts only.
11.5 In case you have any query concerning this EULA or the Software or you require any assistance, please contact or write to : Support Desk