Effective Date:01-Jan-2025
Product Name(s):ProDiscover Pro/ProDiscover Hub
This End-User License Agreement (“Agreement”) is a legal agreement between you (“Licensee”) and DotC Technologies Pvt Ltd, India] (“Licensor”) for the use of the ProDiscover Suite of products, which includes software, online services, and related documentation (“Software”). By installing, accessing, or using the Software, you agree to be bound by the terms of this Agreement. If you do not agree, do not install, access, or use the Software.
1. License Grant
- 1.1 Scope of License:Licensor grants Licensee a non-exclusive, non-transferable, revocable license to install, access, and use the Software solely for its intended purposes as outlined in the accompanying documentation and subject to the terms of this Agreement.
- 1.2 Restrictions:
Licensee shall not:- Copy, modify, distribute, or create derivative works based on the Software, except as expressly authorized by Licensor.
- Reverse engineer, decompile, or disassemble the Software, except to the extent permitted by law.
- Rent, lease, sublicense, or provide access to the Software to any third party.
- Use the Software in any manner that violates applicable laws, regulations, or third-party rights.
- 1.3 Evaluation or Trial Use:If the Software is provided for evaluation or trial purposes, Licensee may use it solely for evaluation during the specified trial period. Upon expiration of the trial period, Licensee must cease use of the Software unless a license is purchased.
2. Ownership
The Software is licensed, not sold. Licensor retains all rights, title, and interest in and to the Software, including all intellectual property rights. This Agreement does not grant Licensee any ownership rights in the Software or related documentation.
3. User Obligations
- 3.1 Compliance:Licensee agrees to use the Software in compliance with this Agreement and all applicable laws, regulations, and industry standards.
- 3.2 Security:Licensee is responsible for maintaining the security and confidentiality of any credentials, access keys, or sensitive data associated with the Software.
- 3.3 Backups:Licensee is responsible for maintaining appropriate backups of their data. Licensor is not responsible for data loss arising from the use of the Software.
4. Support and Updates
- 4.1 Support:Licensor may provide technical support for the Software as outlined in the ProDiscover support policy. Support may be subject to additional terms and fees.
- 4.2 Updates:Licensor may release updates, upgrades, or patches to the Software. These updates may be mandatory to maintain functionality or security. Licensee agrees to install such updates as instructed.
- 4.3 Discontinuation:Licensor reserves the right to discontinue support or updates for the Software at any time, with reasonable notice provided to Licensee.
5. Term and Termination
- 5.1 Term:This Agreement is effective upon Licensee’s acceptance and remains in effect until terminated by either party as outlined herein.
- 5.2 Termination by Licensor:Licensor may terminate this Agreement immediately if Licensee breaches any terms of this Agreement.
- 5.3 Termination by Licensee:Licensee may terminate this Agreement by ceasing all use of the Software and destroying all copies in their possession.
- 5.4 Effect of Termination:Upon termination, Licensee must cease all use of the Software and destroy any copies, including backups. Licensor may disable access to the Software upon termination.
6. Disclaimer of Warranties
The Software is provided “AS IS” and “AS AVAILABLE” without any warranties, express or implied. Licensor disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. Licensor does not warrant that the Software will be error-free, uninterrupted, or compatible with all systems.
7. Limitation of Liability
To the maximum extent permitted by law, Licensor shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising out of or related to the use or inability to use the Software, even if advised of the possibility of such damages. In no event shall Licensor’s total liability exceed the amount paid by Licensee for the Software.
8. Indemnification
Licensee agrees to indemnify, defend, and hold harmless Licensor, its affiliates, officers, directors, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from Licensee’s use of the Software or violation of this Agreement.
9. Confidentiality
- 9.1 Confidential Information:Licensee agrees to maintain the confidentiality of any proprietary information, including trade secrets, disclosed by Licensor in connection with the Software.
- 9.2 Non-Disclosure:Licensee shall not disclose any confidential information to third parties without Licensor’s prior written consent.
10. Governing Law and Dispute Resolution
- 10.1 Governing Law:This Agreement shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles.
- 10.2 Dispute Resolution:Any disputes arising out of or relating to this Agreement shall be resolved through negotiation in good faith. If negotiation fails, the dispute shall be submitted to binding arbitration in accordance with the rules of the arbitration organization as agreed between both parties.
11. Miscellaneous
- 11.1 Entire Agreement:This Agreement constitutes the entire agreement between the parties concerning the Software and supersedes all prior agreements and understandings.
- 11.2 Severability:If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- 11.3 Waiver:The failure of Licensor to enforce any provision of this Agreement shall not constitute a waiver of its rights.
- 11.4 Amendments:Licensor reserves the right to modify this Agreement at any time. Continued use of the Software after modifications constitutes acceptance of the revised terms.
Contact Information :If you have any questions about this Agreement or need support, please contact us at:
DotC Technologies Pvt Ltd.
2nd Floor, My Home Twitza, Gachibowli, Hyderabad, Telangana, India – 500032
[email protected]
+91 9876543210
Acknowledgment
By installing, accessing, or using the Software, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement.