SrinSoft Suite of Products

SrinSoft Suite of Products Copyright (c) 2020 SrinSoft Technologies

IMPORTANT: PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THIS SOFTWARE.

LICENSE

By receiving, opening the file package, and/or using SrinSoft Suite of Products ("Software"), you agree that this End User License Agreement (EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all the terms and conditions of this Agreement.

Unless you have a different license agreement signed by SrinSoft Inc your use of SrinSoft products indicates your acceptance of this license agreement and warranty.

Subject to the terms of this Agreement, SrinSoft grants to you a non-exclusive, without right to sub- license, to use SrinSoft products in accordance with this Agreement and any other written agreement with SrinSoft Inc. SrinSoft does not transfer the title of SrinSoft products to you; the license granted to you is not a sale. This agreement is a binding legal agreement between SrinSoft and the purchasers or users of SrinSoft products.

If you do not agree to be bound by this agreement, remove SrinSoft products from your computer now and, if applicable, promptly return to SrinSoft by mail any copies of SrinSoft and related documentation and packaging in your possession.

2. DISTRIBUTION

SrinSoft products and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of SrinSoft products contact SrinSoft Inc.

2.1. Licensing Terminology.
2.1.1. Demo (Evaluation) License.

One identified individual (named-user) may use the Software for a limited evaluation period to be determined and stated by SrinSoft. The Demo License shall terminate at the end of the stated evaluation period unless otherwise agreed by SrinSoft. A demo license is solely used for Non-Production Use.

2.1.2. Subscription License

The product will be operative only in subscription term period. A subscription license is applicable for Node Lock, Floating and Enterprise licenses. The General Terms shall commence upon the Customer’s payment of the fee for the initial Software license and shall remain in force until the term granted by SrinSoft. After the given term the General Terms shall automatically be extended, for one year at a time, provided and as long as the Customer pays the Fee. In the event, the Customer does not pay the Fee before or on the due date set forth in SrinSoft invoice, the General Terms shall terminate with immediate effect.

  • Node Locked License Subject to the number of users purchased, the Software may be installed in the respective number of computers for use by the respective number of individuals. The license would be locked to the computer it is activated on and would need a license transfer to transfer the license to a different computer.
  • Floating License Subject to the control of a single License Manager, the Software may be installed on an unlimited number of computers or servers for use concurrently by a number of individuals up to the number of user licenses purchased.
  • Enterprise License If the fee paid is for an Enterprise License, the program may be used within the configured company network. SrinSoft shall be notified of the network information of the computer and the location of the site on which the program is intended to be used.
2.1.3. Reseller License

Reseller can refer the potential customer for demo license software for the period mentioned in the reseller agreement. The configured demo licenses to end customer are solely for non-Commercial Use. The Reseller/Customer is not allowed to sell or rent or use for commercial purposes of the given demo license.

If Licensee acquired the Licensed Software through a Reseller, Licensee acknowledges that (i) Payment and delivery terms for the Licensed Software must be established separately and independently between the Licensee and the Reseller; (ii) This EULA constitutes the entire agreement between the Licensee and Company regarding

the license rights for the Licensed Software as described above and is controlling; (iii) The terms and conditions of any purchase order or any other agreement between the Licensee and the Reseller are not binding on Company; (iv) The Reseller is not authorized to alter, amend or modify the terms of this EULA or to otherwise

grant any license or other rights relating in any way to the Licensed Software; and (v) Licensee’s nonpayment of any amount due to a Reseller or any other relevant third party relating to its licensed rights under this EULA shall constitute a basis for Company’s termination of this EULA. Licensee further acknowledges that Company makes no representation or warranty with regard to any services provided by any Reseller, or any actions or failures to act by any Reseller.

2.1.4. Academic License

Academic licenses may be granted on case to case basis. Use of the Software is restricted to educational, academic, non-commercial purposes.

2.2. License Transfer

For standalone single user license and perpetual license, the transfer of license to new computer is allowed only once in a year. For every additional transfers SrinSoft team would share the additional cost of transfer at the time of request from the user.

The General Terms states that the user might require to share his/her computer access to a remote user to verify and perform the license transfer.

Customer may, from time to time, change the Designated Computer and/or Server(s) for a Designated Server Product, and/or the location thereof, provided that in each case (a) Customer shall give prior written notice to SrinSoft of any such change, and (b) upon transferring the Designated Server Products to a different Designated Country, Customer pays all applicable Relocation Charges.

3. RIGHTS RESERVED. THE SOFTWARE IS LICENSED, NOT SOLD.

Use herein of the word “purchase” in conjunction with licenses, license keys, or the Software shall not imply a transfer of ownership. Unless as conveyed herein, this Agreement does not grant You any rights, title, or interest in or to Software, Documentation, trademarks, service marks, or trade secrets, or corresponding intellectual property (including without limitation any images, photographs, animations, video, audio, music, and text incorporated into the Software, the accompanying printed materials, and any copies of the Software) of SrinSoft or its suppliers, and all rights, title, and interest in and to the Software, Documentation, and corresponding intellectual property shall remain the property of SrinSoft, its suppliers, or are publicly available. All rights not expressly granted under this Agreement are reserved by SrinSoft, its suppliers, or third parties. All title, rights, and interest in and to content, which may be accessed through the Software, is the property of the respective owner and may be protected by applicable laws and treaties, including intellectual property laws. This Agreement gives You no rights to such content, including use of the same. SrinSoft agrees that the Your Data (including without limitation, computer software, computer database, computer software documentation, specifications, design drawings, reports, blueprints, and the like) shall be and remain Your sole property.

4. PRE-RELEASE SOFTWARE / BETA Version.

If a software release notes mentioned as Beta Version / Pre-release. It may not work the way a final version of the software will. We may change it for the final, commercial version. We also may not release a commercial version.

5. USER AGREEMENT

5.1. Use

Your license to use SrinSoft products is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of SrinSoft products.

5.2. Use Restrictions

You shall use SrinSoft suite of products in compliance with all applicable laws and not for any unlawful purpose.

You may make one copy of SrinSoft products for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of SrinSoft. The assignment, sublicense, networking, sale, or distribution of copies of SrinSoft suite of products are strictly forbidden without the prior written consent of SrinSoft. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of SrinSoft products.

5.3. Copyright Restriction

This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile SrinSoft suite of products. Nor can you create any derivative works or other works that are based upon or derived from SrinSoft in whole or in part.

SrinSoft’s name, logo and graphics file that represents SrinSoft shall not be used. SrinSoft retains sole and exclusive ownership of all right, title and interest in and to SrinSoft and all Intellectual Property rights relating thereto.

Copyright law and international copyright treaty provisions protect all parts of SrinSoft, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for SrinSoft.

Third Party Components and Bundled Third Party Products. Certain of the Licensed Products may contain third party software components for which additional terms apply (“Third Party Components. Separately, certain third-party software products that SrinSoft may elect to bundle for distribution with the Licensed Products are licensed to Customer directly by the manufacturer of such third-party software products (“Bundled Third Party Products”). Such Bundled Third-Party Products are also described on the Schedule of Third-Party Terms. New Releases containing Third Party Components or Bundled Third Party Products may be subject to additional or different third-party terms, of which SrinSoft shall notify the Customer at the time of such New Releases.

5.4. Limitation of Responsibility

You will indemnify, hold harmless, and defend SrinSoft, its employees, agents, and distributors against all claims, proceedings, demand, and costs resulting from or in any way connected with your use of SrinSoft’s Software.

In no event (including, without limitation, in the event of negligence) will SrinSoft, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, SrinSoft’s Products or the use or inability to use SrinSoft’s Products or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

SrinSoft’s entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by SrinSoft) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to SrinSoft.

5.5. Fees

You shall pay to SrinSoft all fees for the license(s) and maintenance and support agreed upon between You and SrinSoft.

In addition to the above-mentioned fees, You agree to pay all federal, state and local taxes or other taxes including, but not limited to, sales, use or excise taxes, or amounts levied in lieu thereof, based on fees and charges payable under this Agreement or based on your use of the program.

5.6. Warranties

Except as expressly stated in writing, SrinSoft makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

5.7. Governing Law

This Agreement shall be governed by the law of New York applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of New York therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

5.8. Termination

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of SrinSoft products and destroy all copies of SrinSoft products supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

6. MAINTENANCE AND SUPPORT

To receive maintenance and support of the Software, the Customer must have

paid the fee for the right to use the Software, II. paid the Fee for the maintenance period as per the agreement (if applicable), III. followed all the terms and conditions set forth in the EULA, IV. installed the latest release of the Software, including without limitation Scope of maintenance and support includes

assistance to correct errors in the Software or provide means to circumvent such errors II. Advice and help, to use the Software for an application, including using the Software’s user interfaces III. Free updates to newer versions of the products which provide new features and bug fixes are available during subscription/maintenance period

7. DISCLAIMER OF WARRANTY

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY SrinSoft PRODUCTS AS WELL. IN NO EVENT WILL COMPANY BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE LICENSED SOFTWARE, even if advised of the possibility of such damages.

8. CONSENT OF USE OF DATA

You agree that SrinSoft may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to SrinSoft’s products and subject to the understanding that all data collected may be ITAR controlled. SrinSoft may also use this information to provide notices to you which may be of use or interest to you.