FORMCEPT Technologies and Solutions Private Limited, BANGALORE
USER AGREEMENT FOR SOFTWARE PRODUCT DOWNLOAD & USE
FORMCEPT is an effort to make content analysis accessible to everyone. Be it an enterprise, an individual or a device. FORMCEPT semantic engine can be extended to areas like Competitive Analysis, Financial Analysis, Profile Analysis, Trend Analysis, Sentiment Analysis, etc.
Important (Read Carefully)
This FORMCEPT User Agreement (hereinafter called the “Agreement”) is a legal Agreement between you (either an individual or an organization) and FORMCEPT Technologies and Solutions Private Ltd., Bangalore, Karnataka, India for the download, installation and use of the Software product and Services (hereinafter referred to as the “Software service”). Please read the terms and conditions of this Agreement and accompanying documentation carefully before downloading, installing, copying, or otherwise using the Software service.
FORMCEPT Technologies and Solutions Private Ltd., including its subsidiaries and partners (hereinafter referred to as “We or us or our”) is willing to license the software service to you as the individual, the company or the legal entity that will be utilizing the software service (hereinafter referred to as “you or your”) only upon the condition that you accept all the terms contained in this Agreement.
The terms and conditions of this Agreement shall govern your use of the software Service unless you and we have executed a separate Agreement pertaining to the software service. By downloading, installing, copying, or otherwise using the software you have indicated that you are fully aware and understand the terms and conditions of this Agreement and accept all of its terms and conditions, INCLUDING, IN PARTICULAR THE LIMITATIONS ON TRANSFERABILITY, WARRANTY AND LIABILITY. This is a legally enforceable contract between you and us. YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT and YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. If you do not accept or agree to the terms of this Agreement, please do not then download, install, copy, access or
make any other use of the software. If you do not accept all the terms of this Agreement, then we are unwilling to license this software service to you. If you either do not understand or do not accept the terms and conditions of this Agreement, then do not install or if already installed, uninstall the software and remove any copies of software from your computer(s).
To be eligible to use the software service, you must meet the following criteria and represent and warrant that you:
- are 18 years of age or older;
- are not currently restricted from the Services, or not otherwise prohibited from having an account with us,
- are not our competitor or are not using the Services for reasons that are in competition with our Software Service;
- will only maintain one account with us at any given time;
- have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party;
- will not violate any of our rights, including intellectual property rights such as copyright or trademark rights; and
- agree to provide at your cost all equipment, software, and Internet access necessary to use the Services.
If you are entering into this Agreement on behalf of your employer and/or principal, this license and all the restrictions and limitations recited herein apply to your employer and/or principal as well as to you as a representative and/or agent of your employer and/or principal.
You hereby further warrant and represent to us that you have full and express authority to enter into this Agreement on behalf of your employer and/or Principal and that you will not use any of the contents obtained from us for the benefit of any other person or entity without entering into a separate license with us.
All contents of the software service are copyrighted under the Indian Copyright Act, 1957 and all rights to the software service are owned by us. We reserve all rights not specifically granted to you by the terms and conditions of this Agreement . Your right to use any of the contents of the software service is subject to your fulfillment of the terms and conditions of this license and the restrictions set forth under the terms and conditions of this Agreement.
In this Agreement, the following terms should have the following meanings:
all of the contents of the files or other media with which this Agreement provided, including but not limited to:
FORMCEPT or third party computer information or software, any visual representation generated or any other software programmes developed and/or executable either optically, electronically, digitally or by any other means of the software and which is now licensed by FORMCEPT according to the terms and conditions of this Agreement;
related explanatory written materials or files (“Documentation”);
Upgrades, modified versions, updates, additions, and copies of the software, if any, licensed to you by FORMCEPT Technologies and Solutions Private Limited (collectively, “Updates”).
“Use” or “Using” means to access, install, download, copy or use or otherwise benefit from using the functionality of the software in accordance with the Documentation.
“Permitted Number” means one (1) unless otherwise indicated under a valid license (e.g. volume license) granted by FORMCEPT Technologies and Solutions Private Limited
“Computer” means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
“WE or us or our” means FORMCEPT Technologies and Solutions Pvt. Ltd including its partners/affiliates.
“Site” means the Website of FORMCEPT Technologies and Solutions Pvt. Ltd including its partners/affiliates.
“Invoice” means the computer generated or pre-printed invoice which includes without limitations the permitted scope of use of the images selected and the corresponding price for the license of such images.
“Reproduction” means any form of copying or publication of the whole or part of any the contents of the software service by any means whatsoever. Reproduction shall also include any distortion or manipulation of the whole or part of any contents.
2. Rights Granted Under this License
Subject to your compliance with the terms and conditions of this Agreement, we grant you a non-exclusive, non-sub licensable, non-transferable License of the software and service in accordance with the reproduction rights granted and specified in the terms and conditions as below mentioned in this Agreement solely for your personal, non-commercial use.
You may either use the “software service” during such trial period as may be prescribed or request to purchase the license and after paying the prescribed fee, install and use the “software service” on a single computer with the help of key provided and make a single copy of the software for backup purposes, provided that you reproduce on it all copyright and other proprietary notices that are available on the original copy of the software. No other network use is permitted, including but not limited to, using the software either directly or through commands, data or instructions from or to only on one computer not part of your internal network, for Internet or web hosting services or by any user not licensed to use this copy of the software through a valid license from us.
We reserve all rights in the software service not expressly granted to you in this Agreement. If we provide you with any update to the software (“Update”), your use of such Update will be governed by the terms and conditions of this Agreement or any other Agreement that is applied to such Update.
You hereby agree that you will not use or install the software in any of Home Computers for whatsoever purposes.
You own the information you provide us under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant us a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub- licensable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to us, including, but not limited to, any user generated content, ideas, concepts, techniques or data to the services, you submit to us, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss.
By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your profile information with us accurate and updated.
The rights hereby granted to you are non-transferable which means that any work that you produce using the software must be for your own use, or for the use of your direct employer or client, who must be the end-user of your work. In any such event, you hereby agree to be jointly and severally liable for any breach of the terms hereof by your employer and/or client.
Except as expressly specified in the terms and conditions of this Agreement, You may not either copy or modify or make or distribute or transfer, sublicense, lease, lend, rent or otherwise distribute copies of this “Software”, or electronically transfer this “Software service”, by uploading from one computer to another or over a network or file-sharing service or through any hosting, application services provider, service bureau or any other type of services or to any third party; or make the functionality of the software available to any other user through any means, including, without, limitation of the Software to a network.
You may only use the Software service in connection with your own use may not use the same for any commercial or illegal activity.
You acknowledge and agree that portions of the software service, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain our trade secrets.
You also acknowledge and agree that you are solely responsible for any data or telecommunications charges incurred by you as a result of your use of the software service, and you shall comply with the terms and conditions of any data, telecommunications, Internet, broadcast or broadband service provider in connection with your use of the software service.
Accordingly, you shall not disassemble, decompile, “hack” or otherwise reverse-engineer, or otherwise reduce the “Software service”, in whole or in any part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition to a human-perceivable form.
You may not rent, lease or sublicense the “Software service”. You may not modify the “Software” or create derivative works based upon the “Software service”. You may not also copy the printed materials accompanying the “Software service” (if any), nor print copies of any user documentation provided in on-line or electronic form.
You agree not to modify, adapt or translate the “Software service” or create a new installer for the “Software service”. Since the Software as a Service is licensed and distributed by us for your personal use only and not for any commercial use, you are not authorized to integrate or use the Software service with any other Software or service, plug-in or enhancement, which uses or relies upon the our software in any way.
Your access to and use of any Third Party Sites, including any goods, services or information made available from such sites, is governed by the terms and conditions found at each such Third Party Site, if any. Third Party Sites are not owned or operated by us. Therefore YOUR USE OF THIRD PARTY SITES IS AT YOUR OWN RISK.
You agree to:
Keep your password secure and confidential;
Not permit others to use your account;
Refrain from using other Users’ accounts;
Refrain from selling, trading, or otherwise transferring your account with us to another party; and
Refrain from charging anyone for access to any portion of our software service or site, or any information therein.
Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own.
4. Ownership and Protection of Intellectual Property Rights
The software service and any copies that you are authorized by us to make are the sole and absolute intellectual property of, and are owned by FORMCEPT Technologies and Solutions Pvt. Ltd. The structure, organization and code of the Software are our valuable trade secrets and confidential information. The software and service is protected by Indian intellectual property laws and all international treaties and also applicable laws of the country in which it is used. The software service is licensed to you either free or on a prescribed fee only and not sold or assigned in full or part.
We reserve the sole and absolute ownership of the software service, including all intellectual property rights therein. You will not delete or in any manner alter the copyright, trademark, and any other proprietary rights notices or markings appearing on the Software service as delivered to you.
We have the right to impose reasonable conditions and to request a reasonable fee before providing any information. Any information supplied by us or obtained by you, as permitted hereunder, may only be used by you for the purposes described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the software. Requests for information should be directed to our Customer Support Department.
Trade names and or Trademarks (hereafter called “Trademarks”) shall be used in accordance with accepted trademark practice, including identification of trademarks owners’ names. Trademarks can only be used to identify printed output produced by the software and such use of any trademark does not give you any rights of ownership in that trademark. Except as expressly stated above, this Agreement does not grant you any intellectual property rights in the software.
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to us through its suggestion or feedback Webpages, you acknowledge and agree that:
Your Contributions do not contain confidential or proprietary information;
We are not under any obligation of confidentiality, express or implied, with respect to the Contributions;
We shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;
We may have something similar to the Contributions already under consideration or in development;
You irrevocably assign to us all rights to your Contributions; and
You are not entitled to any compensation or reimbursement of any kind from us under any circumstances.
5. Technical Support Services
If you encounter any problems using the Software service, please contact us for support information. We will use commercially reasonable efforts to respond to any problems you may encounter using the Software service.
6. Confidentiality and Privacy
You agree to take all reasonable steps at all times to protect and maintain any of our confidential information.
The License for this Software service is valid for a period of one year from the date of purchase or download or installation or usage or any other Agreement in writing whichever is earlier.
This Agreement remains effective until a period of one year from the date of access, download, installation and use until otherwise terminated.
The license of this “Software service” will be terminable by us after one year of such purchase or download or installation or usage or any other Agreement in writing whichever is earlier, if not further renewed either by purchase or otherwise as notified by a key or password.
You may also terminate this agreement at any time by destroying all copies of the Software in your possession or control. This agreement will automatically terminate without notice if you breach any term of this agreement, in which case you must promptly destroy all copies of the Software in your possession or control. Without prejudice to any other rights, we may terminate this agreement suo moto if you fail to comply with the terms and conditions of this agreement. In such an event, you must destroy all copies of the software.
9. No Warranties
We cannot guarantee that you will always be able to navigate with third-party websites, nor can guarantee that you can communicate without disruptions, delays or other related flaws. We will not be liable for any such disruptions, delays or other omissions experienced when using this Software service.
We expressly disclaim any warranty for the software service. This Software service is being delivered to you on “As is Where is” and “As Available” basis only WITHOUT WARRANT OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
We make no warranty as to its use or performance. WE DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, WE MAKE NO WARRANTIES CONDITIONS, INDEMNITIES, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTERS INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, TITLE,MERCHANTABILITY, ACCURACY, SECURITY, AVAILABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
We do not warrant that the software service will meet your requirements; that the software will operate in the combinations that you may select for use; that the operation of the software will be error-free or uninterrupted; or that all Software errors will be rectified.
It is expressly understood and agreed that we are not herein engaged in rendering professional advice and services to you. Use of all or part of the contents and functionality of our software service is at your sole and absolute risk. Except where expressly provided otherwise, the software service, and all content, functionality, information, materials, products, services provided on the site is provided on an “as is where is” and on “as available” basis only without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. To the maximum extent permitted by law, we expressly disclaim all warranties and conditions of any kind and also non-infringement.
We do not warrant that
All content and functionality of the software will meet your requirements,
The content and functionality of the software will be uninterrupted, timely, secure or error-free,
The results that may be obtained from the use of the contents of the software will be accurate or reliable,
The quality, usage , information or any other material purchased or obtained through us will meet your expectations, and
Any errors in the contents and functionality of the software will be corrected.
Any material downloaded or otherwise obtained through our software service is done at your own discretion and sole and absolute risk and that you will be solely and personally held responsible for any damage to the your computer system or any other device used or loss of data that may result from the download of any such material from the software.
We make no warranties, express or implied, as to the ownership, accuracy, or adequacy of the software content. No advice or information, whether oral or written, obtained by the user from us shall create any warranty not expressly stated in the terms.
11. Limitation of Liability
As the software service is provided either free of cost or through license by purchase paying the prescribed license fees for the end users, to the maximum extent permitted by applicable law, in no event will we be liable to you for any special, incidental, exemplary, punitive or consequential damages whatsoever (including without limitation loss of use, data, business or profits, business interruption , loss of business information or any other pecuniary loss) or for the cost of procuring substitute products arising out of or in connection with this Agreement or the use or performance of the software, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not we have been advised of the possibility of such loss or damage. The foregoing limitations will survive and apply even if limited remedy if any specified in this Agreement is found to have failed of its essential purpose.
Our aggregate liability under or in connection with this Agreement shall be limited to the amount paid for the cost of the software after the period of trial run, if any. Nothing contained in this Agreement limits our liability to you in the event of death or personal injury resulting from our negligence or for the tort of deceit (fraud). We are acting on behalf of our Affiliates and partners for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose.
You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by
Your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws,
Any content you submit to the software of Services, and
Any activity in which you engage on or through our site.
13. Governing Law and Jurisdiction
You agree to comply fully with all Indian export laws and regulations to ensure that neither the software nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
You also agree to abide by International Treaties and Laws of the Country you are living in or you download or install or use the software.
This Agreement will be governed by and construed in accordance with all the substantive Indian laws and International Treaties in force in the State of Karnataka, India. The respective courts of Bangalore City, Karnataka, shall each have non-exclusive jurisdiction over all disputes relating to this Agreement.
This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
14. Remedy for Breach
You agree and acknowledge not to disassemble, tamper, decompile, “hack” or otherwise reverse engineer the software, in whole or in part, or permit or authorize a third party to do so. In the event of breach of the above, you acknowledge that it would cause huge loss, irreparable injury and damage to us which cannot be reasonably or adequately compensated by damages in any action at law. You expressly agree that we shall be entitled to injunctive, punitive and other equitable relief in the event of such breach or to prevent such breach. Resort to such equitable relief, however, shall not be construed to be a waiver of any other rights or remedies that we may have for damages or otherwise.
15. General Conditions
You may not assign or transfer this Agreement or any rights granted hereunder, by operation of law or otherwise, without our prior written consent, and any attempt by you to do so, without such consent, will be void-ab-initio and of no effect.
Except as expressly set forth in this Agreement, the exercise by us of any of our remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. All notices or approvals required or permitted under this Agreement shall be in writing and delivered by confirmed facsimile transmission, by overnight delivery service, or by certified mail, and in each instance will be deemed given upon receipt.
All notices or approvals will be sent to the addresses set forth in the applicable ordering document or invoice or to such other address as may be specified by either party to the other in accordance with this section. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision.
Any waiver, modification or amendment of any provision of this Agreement shall be effective only if in writing and signed by authorized representatives of both parties. If any provision of this Agreement is found to be void and unenforceable or invalid, it will not affect the validity of the balance portions of the Agreement which shall remain valid and enforceable according to its terms which shall remain in full force and effect.
Any terms or conditions contained in your ordering document that are inconsistent with or in addition to the terms and conditions of this Agreement are hereby rejected by us and will be deemed null and void and of no effect. The original of this Agreement has been written and published through this web site in English, and that version will govern.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT US THE RIGHTS SET FORTH HEREIN.
16. Contact Information
Should you have any questions concerning this Agreement, or if you desire to contact us for any reason, please send your message through the Contact Us