END USER LICENSE
AGREEMENT
THIS END USER LICENSE AGREEMENT (“Agreement”) CONSTITUTES A
BINDING AGREEMENT BETWEEN YOU THE PURCHASER, AND/OR ANY OTHER THIRD PARTY
USING THE SOFTWARE (“USER”), AND MULTIICON. YOU SHOULD CAREFULLY
READ THE FOLLOWING TERMS AND CONDITIONS BEFORE INSTALLING THIS SOFTWARE.
INSTALLATION OF THIS SOFTWARE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND
CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS,
YOU MUST NOT PURCHASE THE SOFTWARE, OR UNINSTALL THE SOFTWARE IF IT IS
ALREADY INSTALLED. USE OF THE SOFTWARE IS STRICTLY PROHIBITED UNLESS YOU
AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
BY ACCEPTING THIS AGREEMENT, YOU AGREE TO ONLY INSTALL THIS SOFTWARE IN A PEN
DRIVE OWNED BY THE USER, COMPANY WILL NOT PROVIDE ANY PEN DRIVE WITH THE
SOFTWARE AND PRICE TAKEN FROM THE USER IS FOR ONLY SOFTWARE WITHOUT PENDRIVE.
USER ALSO AGREES TO INFORM ANY PERSON(S) WHO USES A PEN DRIVE WITH THE
SOFTWARE INSTALLED OF THE PRESENCE OF THE SOFTWARE. FAILURE TO COMPLY MAY
RESULT IN YOU BREAKING STATE AND FEDERAL LAWS.
OWNERSHIP OF SOFTWARE
USER acknowledges and agrees that all of the computer programs, whether in
basic code or usable form, certificates of authenticity, security devices and
associated documentation, regardless of form or media, (collectively, the
"Software") which are the subject of this Agreement, are owned
exclusively by MULTIICON. USER agrees that the price paid for the Software
constitutes a license fee, granting USER only the rights set forth in this
Agreement.
GRANT OF LICENSE
MULTIICON grants to USER, and USER accepts, a limited, non-exclusive and
revocable license to use the Software, in machine-readable, object code form
only. USER agrees to use the Software only as authorized in this Agreement.
No other rights either express or implied are being transferred to the USER
unless specifically stated in this Agreement. USER shall not have any right
to reproduce, distribute, or otherwise disseminate the Software contrary to
the terms and conditions of this Agreement. USER shall have no right, title,
interest or claim as to the property owned by MULTIICON, which includes but
is not limited to, the Software, any patents, trademarks, copyrights, and/or
trade-names.
SCOPE OF LICENSE
This Software is licensed to be installed and used on only one PEN DRIVE. A
valid license must be purchased for each PEN DRIVE on which the Software is
to be installed.
USER may not copy or make any changes or modifications to the Software, and
USER may not engage or participate with any other third party to manufacture,
duplicate, deliver, transfer, pirate, translate, decompile, disassemble, or
otherwise reverse engineer the Software. USER may not lend, rent, lease or
sub-license the Software, in any form, to any other third party for any
purpose, unless authorized by this Agreement. USER agrees to use all
reasonable efforts to protect the Software from unauthorized use,
modification, reproduction, distribution or publication and to report any
unauthorized use, modification, reproduction, distribution or publication to
MULTIICON. USER is not permitted to make any copies of the Software. USER
shall not use the Software in a manner not authorized by the terms of this
Agreement, and MULTIICON reserves all rights that are not expressly granted
herein.
TRANSFER RESTRICTIONS
USER may not transfer, sell, distribute or otherwise disseminate the
Software, unless all of the following conditions are met: (1) a license
transfer is purchased by USER; (2) a license transfer is granted to USER by
MULTIICON, and (3) the transferee agrees to be bound by the same terms and
conditions of this Agreement. In the event that a transfer is authorized,
USER must transfer all original documents in their possession and either
transfer or destroy any and all copies of the Software.
LIMITATION OF LIABILITY
USER AGREES THAT IN NO EVENT SHALL MULTIICON, ITS AFFILIATES, DISTRIBUTORS OR
RESELLERS BE LIABLE FOR ANY DAMAGES (INCLUDING ANY CAUSED BY NEGLIGENCE),
LOSS OF PROFIT OR ANY OTHER COMMERCIAL DAMAGE, INCLUDING BUT NOT LIMITED TO
SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, EVEN IF MULTIICON
OR ITS AFFILIATES ARE ADVISED, IN ADVANCE, OF THE POSSIBILITY OF SUCH
DAMAGES. USER AGREES THAT THIS LIMITATION OF LIABILITY SHALL APPLY EVEN IF
ANY REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. NOTWITHSTANDING THE FOREGOING,
USER AGREES THAT IN NO EVENT SHALL THE LIABILITY OF MULTIICON, ITS
AFFILIATES, DISTRIBUTORS OR RESELLERS EXCEED THE PURCHASE PRICE PAID FOR THE
SOFTWARE AND/OR THIS LICENSE.
GOVERNING LAW, JURISDICTION AND VENUE
This Agreement shall be construed under the laws of the State of GUJARAT,
INDIA, excluding rules regarding conflicts of law. USER and MULTIICON agree
to submit to the exclusive personal jurisdiction, subject matter jurisdiction
and venue of the city of RAJKOT, State of GUJARAT, INDIA. Any and all
disputes concerning the Software, this Agreement or any other matter between
the USER and MULTIICON stemming from the Software or this Agreement shall be
decided by a Court of competent Jurisdiction located within the city of
RAJKOT, State of GUJARAT, INDIA.
COMPLETE AGREEMENT
This Agreement constitutes the entire agreement between the USER and
MULTIICON with respect to the use of the Software and supersedes all prior or
contemporaneous understandings regarding such subject matter. MULTIICON
reserves the right to modify this agreement, without notice, at any time. No
amendment to or modification of this Agreement will be binding unless in
writing and signed by MULTIICON. If for any reason a court of competent
jurisdiction finds any provision, or portion thereof, to be unenforceable,
invalid, or illegal, the remainder of this Agreement shall continue in full
force and effect and the parties will amend this Agreement to give effect to
the stricken clause to the maximum extent possible.
OTHER TERMS AND CONDITIONS OF USE
USER agrees that the installation and use of the Software will be in
accordance with all local, state and federal laws governing the monitoring of
computer activity and usage.
USER agrees to install this software ONLY on a PEN DRIVE that is owned by the
USER or on a PEN DRIVE which USER has been given explicit permission by the
PEN DRIVE owner for such installation. USER agrees NOT install this Software
on any PEN DRIVE that is not owned by USER on any PEN DRIVE that USER has not
been given explicit permission for such installation.
USER acknowledges that it is prohibited and against the terms of this
Agreement NOT to inform any third party that the PEN DRIVE they are using is
installed with the Software and that their usage is subject to monitoring and
recording.
RETURN & REFUND POLICY
Paid amount towards the software cost will not be returned and/or
refunded at any circumstances.