This EULA is a license, not a sales agreement, between You, the end user, and JVS Technologies Private Limited, a company governed under the provisions of the Companies Act, 2013 having its registered office at 401, Ganesh Plaza, Nr. Navrangpura Post, Navrangpura, Ahmedabad (“JVS“). This EULA governs the terms of Your Use of SoftClinic Software (hereinafter referred to as the “Product“).
“You” and “Your” mean the individual or legal entity allowed to Use the Product under this EULA. “Use” and “Using” mean to download, install, activate, access or otherwise use the Product. The term “Hardware” means the hardware used for the Product. The term “Software” includes all JVS and / or third-party firmware and software provided to You along with the Product, as JVS’s Product, and includes any accompanying documents, updates and enhancements of the firmware and software provided to You by JVS, at its option.
The Use of the Product, including the Software contained in the Product, by You constitutes Your acceptance of the terms of this EULA. If You do not agree to the provisions of this EULA, do not install and Use the Product.
The Product is not sold to You but is licensed to You. Subject to receipt of due payment and due compliance of terms of this EULA by You, JVS hereby grants to You a nontransferable and nonexclusive license to Use the Software in object code. In case of breach of terms of this Agreement by You, the license granted under this EULA shall come to an end automatically, without any further action in this regard. In such case, you shall have no right to use the Product.
Some of the applications / libraries contain in the Software are open-source applications and the same are licensed subject to the terms of relevant open-source agreement under which the same are made open source.
You shall not attempt and, if You are a corporation, you will prevent your employees and contractors from attempting to, (a) modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, license, or distribute the Software or the accompanying documentation; (b) rent or lease any rights in the Software or accompanying documentation in any form to any person; (c) transfer assign or sublicense right in relation to the Software to any other person or entity, or (d) remove any proprietary notice, labels, or marks on the Product and/ or documentation.
No intellectual property rights, including but not limited to, all now known or hereinafter known tangible and intangible rights, title, interest, copyrights and / or moral rights, if any, in relation to the Product or any part thereof, including the Software (hereinafter referred to as the “IPRs”) are not transferred to You. By Using the Product, You shall not acquire any IPRs. All the IPRs shall remain the property of JVS.
The warranty of the Product shall be limited and shall be applicable only when the Product is procured from the authorized reseller / distributor of JVS and You duly register the Product with JVS.
The warranty period of the Software shall be of 90 [ninety] days from the date on which the Product was procured by You. JVS warrants that the Software will substantially conform to then current functional specifications for the Software during the said warranty period.
Except for the limited warranty specified as hereinabove, the Product is provided “as is” without any warranty of any kind including, without limitation, any warranty of merchantability and fitness for a particular purpose. If any implied warranty cannot be disclaimed in any territory where the Product is sold, the duration of such implied warranty shall be limited to 90 [ninety] days. Except as expressly covered under the limited warranty provided herein, the entire risk as to the quality, selection and performance of the Product is with You.
The above warranty does not apply if the Product or any part thereof (a) has been altered, except by JVS or its authorized representative, (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by JVS, (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident; or (d) is licensed, for beta, evaluation, testing or demonstration purposes for which JVS does not charge a purchase price or license fee.
The personal data that you may store in the Product shall be governed by JVS’s Privacy Policy, document.
To the maximum extent permitted by law, JVS is not liable under any contract, negligence, strict liability, infringement or other legal or equitable theory due to Use of the Product, inconvenience or damages of any character, whether direct, special, incidental or consequential (including, but not limited to, damages for loss of goodwill, work stoppage, computer failure or malfunction, computer security breach, computer virus infection, loss of information or data contained in, stored on, or integrated with any product returned to JVS for warranty service) resulting from the Use of the Product, relating to warranty service, or arising out of this EULA or any breach of the limited warranty set forth above, even if JVS has been advised of the possibility of such damages, and in no event shall JVS’s liability, whether in contract or in tort or otherwise, exceed the amount of monies received by JVS from You in connection with this EULA. The sole remedy for a breach of the foregoing limited warranty is repair or replacement of the defective or nonconforming Product or any part thereof as specifically stated hereinabove. To the maximum extent permitted by law, no implied warranty, including any implied warranty of merchantability, fitness for a particular purpose, applies to the Product after the applicable period of express limited warranty stated above, and no other express warranty, except as mentioned above.
This EULA shall be governed under the Indian laws. The courts at Ahmedabad, Gujarat, India shall have exclusive jurisdiction to adjudicate any dispute between You and JVS under this EULA. You will not assign this EULA or transfer any of the rights or obligations under this EULA without the prior written consent of JVS. Any purported transfer or assignment of this EULA in violation of this Section shall be null and void. This EULA shall be binding upon, and insure to the benefit of, the successors and permitted assigns of the parties. This EULA constitutes the entire agreement between the parties with respect to its subject matter. This EULA may be amended or supplemented only by a writing that refers explicitly to this EULA signed on behalf of both parties. No waiver will be implied from conduct or failure to enforce rights nor effective unless in a writing signed on behalf of the party against whom the waiver is asserted. If any part of this EULA is found unenforceable, that part will be enforced to the maximum extent permitted, the remainder shall continue in full force and effect. You acknowledge that You have read this EULA, understand, it and agree to be bound by its terms and conditions.