End User License Agreement

End User License Agreement

This End-User License Agreement (the “EULA”) is a legal agreement between __________________  (the “Licensee”), an individual or an individual in capacity of Authorised Representative of an Entity or an Entity, and CR2 Technologies Limited (the “Company”), the author of docManager®  (the “Software”), which may include associated media, printed materials, and “online” or electronic documentation.

By installing, copying, or otherwise using the Software, Licensee agrees to be bound by the terms and conditions set forth in this EULA. If Licensee does not agree to the terms and conditions set forth in this EULA, then Licensee may not download, install, or use Software.

  1. Definitions
    1. “Company” shall refer to the licensor, CR2 Technologies Limited, located at A-701, Safal Profitaire, Corporate Road, Prahladnagar, Ahmedabad.
    2. “Licensee” shall mean __________________, the individual or entity that downloads and uses the Software.
    3. “Software” shall mean “docManager®, the deliverables provided pursuant to this EULA.
  2. Grant of License
    1. Software Product License: Subject to the terms of this EULA, Company hereby grants to Licensee a royalty-free, non-exclusive license to possess and to use a copy of the Software. Software is being distributed by the Company. Licensee is not allowed to make a charge for distributing this Software, either for profit or merely to recover media and distribution costs.
    2. Installation and Use: Licensee may install in One Server and use unlimited number of users of Software on a shared computer or concurrently on different computers, solely for Licensee's use within Licensee's business or personal use.
    3. Reproduction and Distribution: Licensee may distribute the rights of Software to their associates as Users solely for Licensee's use within Licensee's business and they shall be accompanied by a copy of this EULA.
  3. Description of Rights and Limitations :
    1. Limitations: Licensee may not reverse engineer, decompile, or disassemble Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding the limitation.
    2. Update and Maintenance: Company shall provide updates and maintenance on an as needed basis / every six months / every year / other.
    3. Separation of Components: Software is licensed as a single product. Its components may not be separated for use on more than one Organization.
    4. Software Transfer: Licensee may permanently transfer all rights under the EULA, provided recipient agrees to the terms of this EULA with prior permission of the company.
  4. Intellectual Property: All rights, title, interest, and copyrights in and to the Software, including but not limited to all images, photographs, animations, video, audio, music, text, data, computer code, algorithms, and information, are owned by Company, whereas information of Licensee will still be the intellectual property of Licensee and covered by the Non-Disclosure Agreement separately between Licensee and Company. The Software is protected by all applicable copyright laws and international treaties. Therefore, Licensee is required to treat Software like any other copyrighted material, except as otherwise provided for in this EULA.
  5. Non-Support: Company has no obligation to Software support, or to continue providing or updating any of the Software in absence of any Annual Maintenance Support Agreement.
  6. Support: Company will provide Online / Phone Support during normal business hours Monday to Friday.
  7. Terms of Agreement: This EULA is effective until:
    1. Automatically terminated if Licensee fails to comply with any of the terms and conditions set forth in this EULA; or
    2. Terminated by Company or
    3. The end of validity of Support Level Agreement
    4. Company may terminate this EULA immediately upon written notice, including e-mail, to Licensee, with or without cause.
  8. Integration: Both parties agree that this EULA is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this EULA.
  9. Jurisdiction: This EULA shall be deemed to have been made in, and shall be construed pursuant to the laws applicable to Ahmedabad Jurisdiction, without regard to conflicts of laws provisions thereof. Any legal action or proceeding relating to this EULA shall be brought exclusively in courts located in Ahmedabad Jurisdiction only, and each party consents to the jurisdiction thereof. The prevailing party in any action to enforce this EULA shall be entitled to recover costs and expenses including, without limitation, attorneys’ fees. This EULA is made within the exclusive jurisdiction of the India, and its jurisdiction shall supersede any other jurisdiction of either party’s election.
  10. Non-Transferable: This EULA is not assignable or transferable by Licensee without the prior written consent of Company; any attempt to do so shall be void. Any notice, report, approval or consent required or permitted hereunder shall be in writing and will be deemed to have been duly given if delivered personally or mailed by registered or speed post to the respective addresses of the parties.
  11. Severability: No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. If any provision of this EULA shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this EULA shall otherwise remain in full force and effect and enforceable.
  12. Confidentiality: Licensee acknowledges that the Products incorporate confidential and proprietary information developed or acquired by or licensed to Company and that all results of testing of the Products, whether performed by Licensee or another third party, are confidential. In no event will Licensee publish or disclose the results of any testing or performance specifications of the Product without Company’s express prior written consent. Each party shall take all reasonable precautions necessary to safeguard the confidentiality of all Confidential Information disclosed by the other party, including those precautions (i) taken by the disclosing party to protect its own Confidential Information and (ii) which the disclosing party or its authorized representative may reasonably request from time to time. Neither party shall allow the removal or defacement of any confidentiality or proprietary notice placed on the Confidential Information disclosed by the disclosing party. The placement of copyright notices on Confidential Information shall not constitute publication or otherwise impair their confidential nature of such information.
  13. Warranty Disclaimer: Company, and author of Software, hereby expressly disclaim any warranty for the Software. Software and any related documentation is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Licensee accepts any and all risk arising out of use or performance of Software.
  14. Limited Liability: Company shall not be liable to Licensee, or any other person or entity claiming through Licensee any loss of profits, income, savings, or any other consequential, incidental, special, punitive, direct or indirect damage, whether arising in contract, tort, warranty, or otherwise. Even if Company has been advised of the possibility of such damages. These limitations shall apply regardless of the essential purpose of any limited remedy. Under no circumstances shall Company’s aggregate liability to Licensee, or any other person or entity claiming through Licensee, exceed the financial amount actually paid by Licensee to Company for the Software.
  15. Entire Agreement: This Agreement constitutes the entire agreement between Company and Licensee and supersedes all prior understandings of Company and Licensee, including any prior representation, statement, condition, or warranty.

14. Additional Provisions and/or Disclosures.

“docManager®” and other trademarks contained in the Software are trademarks or registered trademarks of company in India and/or other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. This EULA does not authorize you to use Company or its sub-licensors' names or any of their respective trademarks.