Effective starting: July 1, 2016
Rudra softech’s End-User License Agreement ("EULA") is a legal agreement between RUDRA SOTECH(“Rudra softech”, “RUDRA SOFTECH“, "Licenser ", “We”), located at 321, 3rd Floor, Maruti Plaza, Nr. Vijay Park BRTS Bus Stand, Bapa Sitaram Chowk Road, Krishnanagar, Ahmedabad - 382345, Gujarat, India and "You" or “Client” means your company and you. RUDRA SOFTECH’s EduSec SOFTWARE PRODUCT(s) identified below which may include associated software components, media, printed SOFTWARE PRODUCT, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and RUDRA SOFTECH, and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
"Intellectual Property Rights" (“IPR”) shall mean and include patents, trademarks, domain names, service marks, trade names, registered or unregistered designs, copyrights (including revision rights, rights in derivative works, and other rights), rights of privacy and publicity and other forms of intellectual or industrial property, know how, database, information, confidential Information, inventions, formulae, confidential or secret processes, trade secrets, processes including business processes, domain names, inventions, discoveries and ideas, databases, programs, source codes, software, algorithms, trade secrets, know how, concepts, creations, improvements upon, additions or any research effort relating to any of the foregoing; utility models, including design rights, trademark rights, trade secret rights, and other rights, including moral rights and any similar rights, and any other protected rights or assets and any licenses and permissions in connection therewith, in each and any part of the world and whether or not registered or registrable and for the full period thereof, and all extensions and renewals thereof, and all applications for registration in connection with the foregoing.
You agree and acknowledge that IPR for SOFTWARE PRODUCT shall include but not limited to following list of our SOFTWARE PRODUCT’s modules:
“Property of Licensor”
You may obtain a copy of this software product either by downloading it remotely from our server or by manual installation of software product by our technical team on your server. The copyright, source code ownership rights, database rights and every other intellectual property rights in the programs and data which constitute software product are and remain the property of the licensor ('the licensor'). You are licensed to use them only if you accept all the terms and conditions set out below.
“Cloud Service Provider” shall mean RUDRA SOFTECH’s cloud service provider through which RUDRA SOFTECH will provide you Software as a Service (SaaS) for SOFTWARE PRODUCT. RUDRA SOFTECH has entered into a separate agreement to offer you Software as a Service (SaaS).
RUDRA SOFTECH has agreed and complied with various provisions specified by its Cloud Service Provider AMAZON in the below given link.
You also hereby agree and acknowledge that you have visited below given link as well you agree and acknowledge all the provisions mentioned in that link.
If you don’t agree then you shall not use RUDRA SOFTECH’S SaaS services.
AMAZON’s Legal Terms and Conditions found at https://aws.amazon.com/legal
1. GRANT OF LICENSE
Subject to the terms and conditions of the Agreement, RUDRA SOFTECH grants to you a non-exclusive, non-transferable license to use the SOFTWARE PRODUCT. You may use the Licensed Program in executable format for its own use, and may translate or modify the Licensed Program. You may not, however, transfer or sublicense the SOFTWARE PRODUCT to any third party, in whole or in part, in any form, whether modified or unmodified.
2. LICENCE ACCEPTANCE PROCEDURE
By clicking on the "I agree" button at that time you signing/agreeing this contract, you indicate that you are eligible to accept said license and acceptance of this license agreement and the limited warranty and limitation of liability set out in this license agreement. Such acceptance is either on your own behalf or on behalf of any corporate entity which employs you or which you represent ('corporate licensee'). In this license agreement, 'you' include both the reader and any corporate licensee.
3. SUBSCRIPTION FEE & PAYMENT TERMS
You agree and acknowledge complying with subscription fees and payment terms as Annexed in Annexure-A
4. PAYMENT METHOD
Payment shall be accepted through Bank Wire Transfer and Credit Card/PayPal. Credit Card/PayPal processing fees charged by our merchant service provider or the wire transfer processing fee shall be payable by you.
5. DELIVERY OF SOFTWARE PRODUCT
RUDRA SOFTECH shall use its best efforts to deliver the SOFTWARE PRODUCT as per following schedule after the receipt of the payments as per clause 3 and clause 4.
6. NON-REFUNDABLE FEE
You agree and acknowledge that you believe in our success story and take our SOFTWARE PRODUCT with confidence. You agree and acknowledge before selecting services and making payment, you have evaluated the SOFTWARE PRODUCT completely as per your requirements. You also agree and acknowledge that if you elect to cancel your SOFTWARE PRODUCT license after payment then you shall not be entitled for any refund. Further, you clearly agree and understand that refund shall not be possible considering the nature of work and related cost to the Developer. Further, considering the same reasons, you agree and acknowledge that you shall not raise any dispute with payment repository including but not limited to PayPal and others for refunding the payment. In case if you raise any such disputes then you agree, acknowledge and allow us to instruct payment repository to credit payment in our account as per this clause.
7. LICENCE RESTRICTIONS
You may not use, copy, modify or transfer the SOFTWARE PRODUCT (including its source code and any related documentation) or any copy, in whole or in part, including any print-out of all or part of any database, except as expressly provided for in this licence. If you transfer possession of any copy of the SOFTWARE PRODUCT to another party except as provided above, your licence gets automatically terminated. You may not translate, reverse engineer, decompile, disassemble, modify, tamper, alter, conceal, destroy, damage, delete, add, rearrange or create derivative works based on the SOFTWARE PRODUCT, except as expressly permitted by the law of this Agreement. You may not vary, delete or obscure any notices of proprietary rights or any product identification or restrictions on or in the SOFTWARE PRODUCT.
Further, you agree and acknowledge specific jurisdiction of Indian cyber laws namely I.T. Act, 2000 and its amendments from time to time in case of any of above activities on your part. You agree and acknowledge that you may be held responsible for various sections of Indian I.T. Act, 2000 (including amendments) including but not limited to sections 65, 66, 72A, 85,43, 43A and 45 for the aforesaid violations. You also agree and acknowledge that you may be held responsible under relevant provisions of Indian and International copyright laws and other IPR laws for aforesaid activities.
8. NO TRANSFER
The SOFTWARE PRODUCT is licensed only to you. You may not rent, lease, sub-license, sell, assign, pledge, transfer or otherwise dispose of the SOFTWARE PRODUCT, on a temporary or permanent basis, without the prior written consent of the Licensor.
You undertake to:
You may make copies of the SOFTWARE PRODUCT in executable code form as necessary for backup or archive purposes. You agree to maintain records of the location and use of each copy, in whole or in part, of the SOFTWARE PRODUCT. Each SOFTWARE PRODUCT is copyrighted but unpublished by RUDRA SOFTECH. You agree to reproduce and apply the copyright notice and proprietary notice of RUDRA SOFTECH to all copies made hereunder, in whole or in part and in any form, of SOFTWARE PRODUCT.
The original and any copies of the SOFTWARE PRODUCT, made by you, including translations, compilations, partial copies, modifications, and updates, are the property of RUDRA SOFTECH.
12. PROPRIETARY RIGHTS
You recognize that RUDRA SOFTECH regards the SOFTWARE PRODUCT as its proprietary information and as confidential trade secrets of great value. You agree not to provide or to otherwise make available in any form the SOFTWARE PRODUCT, or any portion thereof, to any person other than employees of you without the prior written consent of RUDRA SOFTECH. You further agree to treat the SOFTWARE PRODUCT with at least the same degree of care with which you treats its own confidential information and in no event with less care than is reasonably required to protect the confidentiality of the SOFTWARE PRODUCT.
13. RECOGNITION OF LICENSOR'S RIGHTS –NONDISCLOSURE
At all times during the term of this license and thereafter, you will hold in strict confidence and will not disclose, use, lecture upon or publish any of the Licensor’s Proprietary Information (Physical formats as well as Computerized formats), unless an authorized executive officer of the Company expressly authorizes the same in writing. The term "Proprietary Information" shall mean, but will not be restricted to, trade secrets, confidential knowledge, data or any other information of the Company. By way of illustration but not limitation, "Proprietary Information" includes inventions, trade secrets, ideas, processes, formulas, source and object codes, data, programs, other works of authorship, know-how, improvements, discoveries, developments, designs and techniques
This agreement shall, unless otherwise terminated as provided in this clause, commence on the Effective Date and shall continue for the Initial Subscription Term of 12 months and, thereafter, this agreement shall be renewed for successive periods of 12 months only after appropriate payment is credited.(each a Renewal Period), unless:
and the Initial Subscription Term together with any subsequent Renewal Periods shall constitute the Subscription Term.
On termination of this agreement for any reason:
15. TERMINATION CERTIFICATE
In the event of termination, you will immediately discontinue use of the SOFTWARE PRODUCT. Within one (1) month after termination of this Agreement, You will furnish to RUDRA SOFTECH a certificate which certifies with respect to each of the SOFTWARE PRODUCT that, through its best effort and to the best of its knowledge, the original and all copies, in whole or in part and in any form, of each of the SOFTWARE PRODUCT have been destroyed.
16. MAINTENANCE SUPPORT
Licenser will provide to you the following support with respect to the SOFTWARE PRODUCT:
17. WARRANTY DISCLAIMER
You clearly accept, agree and acknowledge the SOFTWARE PRODUCT is licensed to you on "as is" basis. RUDRA SOFTECH provides no warranties as to the function or use of the software product, whether express, implied, or statutory, including, without limitation, any implied warranties of merchantability or fitness for particular purpose. Entire risk as to the quality and performance of the software product is with you. Licenser does not warrant that the functions contained in the software product will meet your requirements or that the operation of the software product will be uninterrupted or error free.
In no event will the Licensor be liable to you for any damages, including any process interruptions, lost profits, lost savings, loss of data, loss of employee productivity or any indirect, special, incidental or consequential damages arising out of the use of or inability to use such SOFTWARE PRODUCT, even if the Licensor has been advised of the possibility of such damages. Nothing in this Agreement limits liability for fraudulent misrepresentation.
The Licensor shall not be liable to provide any support if the SOFTWARE PRODUCT fails to operate in accordance with the said specifications as a result of any modification, variation or addition to the SOFTWARE PRODUCT not performed by the Licensor or caused by any abuse, corruption or incorrect use of the SOFTWARE PRODUCT, including use of the SOFTWARE PRODUCT with equipment or other software which is incompatible. Product specifications for compatibility purposes as listed at the end of this agreement in Annexure-B shall be referred properly and thoroughly before using the SOFTWARE PRODUCT.
18. PATENT, COPYRIGHT & OTHER INDEMNITY
You agree and acknowledge that RUDRA SOFTECH shall never defend at its own expense any action brought against you to the extent it is based on a claim that the SOFTWARE PRODUCT used within the scope of the license granted hereunder infringe any patent, copyright or any other proprietary right of a third party. You agree and acknowledge that RUDRA SOFTECH shall not pay any costs, damages or attorney fees finally awarded against you in such action which are attributable to such claim in any case.
In the event that a SOFTWARE PRODUCT becomes, or in RUDRA SOFTECH's opinion is likely to become, the subject of a claim of infringement of patent, copyright or trade secret, RAXCO may at its option either secure your right to continue using the SOFTWARE PRODUCT, replace or modify the SOFTWARE PRODUCT to make them not infringing, or provide You with a refund of the license fee less depreciation on a 5 (five) year, straight-line basis.
Further, RUDRA SOFTECH shall have no liability for any claim of patent, copyright or trade secret infringement based on the use of a SOFTWARE PRODUCT in any form other than the original, unmodified form provided to You or the use of a combination of the SOFTWARE PRODUCT with hardware, software or data not supplied by RUDRA SOFTECH where the used SOFTWARE PRODUCT alone in their original, unmodified form would not constitute an infringement.
The foregoing states your entire liability for infringement or claims of infringement of patents, copyrights, other intellectual property rights or any other rights.
19. LIMITATION OF LIABILITY
RUDRA SOFTECH's liability to you under any provisions of this agreement for damages finally awarded shall be limited to the amounts actually paid hereunder by you to RUDRA SOFTECH. In no event shall RUDRA SOFTECH be liable for indirect, incidental, special, or consequential damages, including loss of use, loss of profits or interruption of business, however caused or on any theory of liability.
All notices in connection with this Agreement shall be in writing and may be given by certified, registered, or first class mail or personally delivered at the address set forth on the front page. For purposes of this Agreement, a notice shall be deemed effective upon personal delivery to the party or if by mail five days after proper deposit in a mailbox.
This Agreement will be binding upon and will inure to the benefit of the parties hereto and their respective representatives, successors and assigns except as otherwise provided herein.
In the event any provision of this Agreement is determined to be invalid or unenforceable, the remainder of this Agreement shall remain in force as if such provision were not a part.
23. DISPUTE RESOLUTION
Mediation and Arbitration:
Both the Parties agree that they shall use the name of each other in any of the promotion, marketing or announcement or press release without the prior consent of the other Party.
25. GOVERNING LAW/FORUM
This Agreement shall be governed and interpreted by the laws of the India. Ahmadabad city of Gujarat state shall be the appropriate venue and jurisdiction for the resolution of any disputes hereunder. Both parties hereby consent to such personal and exclusive jurisdiction.
This Agreement and the licenses granted by it may not be assigned, sublicensed, or otherwise transferred by you without the prior written consent of RUDRA SOFTECH.
27. FORCE MAJEURE
If the whole or any part of the performance by either Party of their respective obligations hereunder is prevented or delayed by causes, circumstances or events beyond the control of such Party, for example transportation, strikes, labor troubles, electrical failures, floods, fires, accidents, earthquakes, riots, explosions, wars, hostilities, acts of government, custom barriers, or other causes of like character beyond the control of such Party, then to the extent that such Party shall be prevented or delayed from performing all or any part of its obligations hereunder, by reason thereof despite due diligence and reasonable efforts to do so notwithstanding such causes, circumstances or events, then such Party shall be excused from performance hereunder for so long as such causes, circumstances or events shall continue to prevent or delay such performance.
You agree that
Notwithstanding any other provision to the contrary herein, terms which by their nature survive termination or expiration of this Agreement shall bind the parties following any expiration or termination of this Agreement.
In this agreement unless otherwise specified:
Please note EduSec professional version is cloud based (SaaS) application.
This application is compatible with following Operating System & browsers: