APPLICATION CUM END USER SOFTWARE LICENSE

AGREEMENT

  1. PREAMBLE

    IMPORTANT NOTICE, PLEASE READ CAREFULLY:

    • This Agreement is a application cum end user Software License Agreement between you and Aditya Infotech Ltd. or CP Plus or Operator or Developer (hereinafter referred to as “EMSS Pro”). Please read this software license agreement (hereinafter referred to as “Agreement’) carefully before using the Software. By using EMSS Pro Software, you are deemed to agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, please do not install or use the application software, and click the “disagree” button. If the Software you get is purchased as part of EMSS Pro device, and you do not agree to the terms of this Agreement, you may return this device/Software within the return period to EMSS Pro or authorized distributor where you purchased from for a refund, but it should be subject to the EMSS Pro’s return policy.
    • Personal Data:
      When you use this Software, your Personal Data will be collected, accessed, stored, controlled, processed or used solely by Operator. Developer does not collect, access, store, control, process or use your Personal Data.
      The Operator may process your Personal Data and shall comply with all applicable data protection laws.
      You acknowledge that once your Personal Data is shared with the Operator, the Operator’s privacy policy, governs the use of your Personal Data. You further acknowledge and agree that Developer makes no representation or warranty about the quality or safety of EMSS’s service and Developer is not responsible for any damage, loss or harm to your Personal Data, or any other personal injury, property damage, or any other loss or harm arising from or relating to your access to or use of the Software.

  2. DEFINITIONS

    “Date Controller” means a natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing Personal Data; where the purposes and means of such processing are determined by the applicable data protection laws, the controller or the specific criteria for its nomination is governed by the applicable data protection laws.

    “Developer” refers to EMSS Pro, the developer and publisher of the Software.

    “Operator” refers to the Data Controller of this Software, who also manages the Software login account.

    “Software” refers to information processing program(s) or supporting file(s) consisting of a number of modules or functions. Supporting file(s) includes all or part of the Software source codes, object codes, and the images, photographs, icons, animations, audio, video, music, words and codes incorporated therein. It also includes all relevant paper or electronic information and technical documentation which describe the functions, characteristics, contents, quality, tests, customer manuals, user agreements, etc. (hereinafter referred to as “Software Products” or “Software”).

    “You” refers to natural person or legal entity that has obtained the right to use the Software under the license of EMSS Pro. Legal entities include company, enterprise, institution, organization or work unit.

    ‘Personal Data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

  3. SOFTWARE LICENSE

    Subject to your compliance with this Agreement, you are granted non-exclusive and non-transferable license including:

    • You are granted to install the application software on a single device controlled by you and use all the functions provided for evaluation purpose for free strictly in accordance with the Application’s documentation .

    Unless otherwise stated in this Agreement, you may not be permitted to copy, modify, translate, reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the software or printed materials or electronic documentations accompanying for any other purposes and by any other means.

  4. PERMITTED LICENSE USES AND RESTRICTIONS

    • Restrictions on single use:
      This Agreement does not allow the software to exist on more than one device at a time, unless otherwise agreed by both parties.
    • Restrictions on software sharing:
      You may not use part or all of the software on multiple devices by sharing all or part of the Software.
    • Restrictions on software decomposition:
      You can not use different functions on different devices or embed different parts of the Software into other software system by decomposing the Software.
    • Account Security Specifications:
      IntelliTrak Platform Operator will not ask you to provide your account password at any time. Therefore, it is recommended that you take good care of your account. We are not responsible for any of your loss and consequences when your account is (i) leaked by your mistake; or (ii) attacked or defrauded by others. You should seek compensation from the tortfeasor through judicial and administrative relief channels. You shall be responsible for all actions under your account (including, but not limited to online signing of various types of agreements, publishing information, purchasing goods and services, and disclosing information, etc.) except IntelliTrak Platform Operator’s fault.
      If you find any unauthorized use of your account to log on to the IntelliTrak Platform or other circumstances that may result in your account being stolen or lost, it is recommended that you immediately inform us and change your registration credentials. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand that it takes a reasonable amount of time for IntelliTrak Platform Operator to take action on any of your requests. Even though we take every effort to respond to your requests as soon as possible and always within the statutory time period, IntelliTrak Platform Operator may not be able to avoid or prevent the formation or expansion of the consequences of the infringement by taking the actions at your request. Except for the legal fault of IntelliTrak Platform Operator, we shall not be liable for any situations aforementioned.
    • Restrictions on integrity preserving:
      You can not remove any copyright statement or notice in the Software, nor smear, modify or delete any trademarks or logos appearing in the Software.
    • Restrictions on reverse engineering, decompile and disassemble:
      You can not reverse engineer, decompile or disassemble the Software.
    • Abidance by the law:
      You agree to use the Software and/or the Services in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the Software and Services. Functions and services of the Software may not be available in all languages in all regions. Internet connection is required for some functions of the Software and Services.
    • Confidentiality restriction:
      You may not disclose the performance of the software, or any other assessment, test results, technical secrets or any such confidential information derived from the Software to any third party without the written consent of EMSS Pro.
    • Automatic updates:
      The software will periodically check with EMSS Profor updates. The update will automatically download and install onto your device, if one is available. It is deemed to accept the automatic download and installation onto your device once you used the EMSS Pro software. You can turn off the automatic updates at any time by changing the Automatic updates settings.

  5. RDECLARATION ON INTELLECTUAL PROPERTY

    • The Software is developed by EMSS Pro. EMSS Pro reserves all the lawful rights of the software which are not expressly granted to you.
    • The Software is protected by laws of the Indian Law. Pursuant to this Agreement, you are only granted a nonexclusive license to use the Software, but not sell or transfer of the Software.
    • Trademark: This Agreement does not grant to you any right related to any trademark(s) or service mark(s) of EMSS Pro/EMSS Pro or its supplier(s).
    • All intellectual property rights involved in the Software, including but not limited to patents, copyrights, trademarks, trade secrets and technical secrets, remain vested with their respective owners. EMSS Pro reserves the right to profit from its intellectual properties. Furthermore, for any contents not contained in the Software but can be accessed by using the Software, its title and intellectual property rights remain vested with their respective owners and may be protected by applicable copyrights or other intellectual property laws and treaties.
    • You further acknowledge and agree that all intellectual property rights regarding any improvements, modifications or adjustment to the software, arising directly or indirectly by using the software, shall vest in EMSS Pro.

  6. TECHNICAL SUPPORT

    For any queries or problems arising in the Software installation and use, please contact Operator for a prompt solution.

  7. DISCLAIMER OF WARRANTIES

    • You are responsible for the risks resulting from accessing to internet, including but not limited to, cyber attacks, hacker attacks, computer virus and etc. Please protect your network, data and personal information by taking necessary actions, including but not limited to modifying the factory default password and using a strong password, periodically changing the password, updating the firmware to the latest version, and so on. EMSS Pro do not bear any responsibility for any dysfunction, information leakage or other problems.
      • You expressly acknowledge and agree that, to the extent permitted by applicable laws, the use of the Software and any Service performed by or accessed through the Software is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
      • To the maximum extent permitted by applicable laws, the Software and Services are provided “as is” and “as available”, with all faults and without warranty of any kind, and EMSS Pro hereby disclaim all warranty and conditions with respect to the software and services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and not-infringement of third party’s rights.
      • EMSS Pro does not warrant against interference with your enjoyment of the Software and Services, that the functions contained in, or services performed or provided by the Software will meet your requirements, that the operation of the Software and Services will be uninterrupted and error-free, that any Service will continue to be made available, that defects in the Software or Services will be corrected, or that the Software will be compatible or work with any third party software, applications or third party services.
      • No oral or written information or advice given by EMSS Pro or an authorized representative of EMSS Pro shall create a warranty. Should the Software or services prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
      • EMSS Pro does not warrant, endorse, guarantee or assume responsibilities for any services offered by Operator through or in connection with the Software (including, without limitation, any Operator’s collection, access, storing, controlling, processing or using your Personal Data arising from or in relating to your access or use of the Software).

  8. LIMITATION OF LIABILITY

    To the extent not prohibited by applicable laws, in no event shall EMSS Pro, its affiliates, agents or principals be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss or profits, corruption or loss of data, failure to transmit or receive any data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Software and Services. Some jurisdictions do not allow the exclusion or extension of limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall EMSS Pro’s total liability to you for all damages (other than may be required by applicable laws in cases involving personal injury) exceed the amount of money you spent on device. The forgoing limitations will apply even if the above stated remedy fails of its essential purpose.

  9. TERMINATION

    This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically or otherwise cease to be effective without notice from EMSS Pro if you fail to comply with any term(s) of this Agreement. Upon the termination of this Agreement, you shall cease the use of the Software, delete all contents that have been copied or installed on devices and backup copy(s). Section 1.2,8,9,12,13 of this Agreement shall survive any such termination. You should be liable for any loss arising from your breach of the provisions of this Agreement to EMSS Pro.

  10. EXPORT CONTROL

    You must comply with the national exportation/importation laws, as well as the end-users, end-use, and destinations restrictions applicable to the Software. Without the prior approval or permission of the necessary government authority, you may not export or re-export the Software, directly or indirectly, to any countries/regions that is subject to export restrictions. This obligation shall survive the termination of this Agreement.

  11. CONTROLLING LAW AND SEVERABILITY

    The interpretation, validity and dispute settlement of this Agreement shall be governed by Indian Law. If a court of judicial jurisdiction finds any provision, or portion thereof, to be unacceptable, the remainder of this Agreement shall continue in full force and effect. Any disputes arising out of or in connection with this Agreement, All such disputes shall be referred to the courts having the Delhi, India Jurisdiction only

  12. COMPLETE AGREEMENT

    This Agreement includes the terms of the Agreement, other agreements expressly invoked in this Agreement, the various rules that may have been issued or may be issued in the future by EMSS Pro, which are integral parts of this Agreement and shall have the same legal effect as it. Unless otherwise stated expressly, users who use the EMSS Pro software are subject to this Agreement. No amendment to or modification of this Agreement will be binding unless in writing and signed by EMSS Pro.

  13. OTHERS

    This Agreement may be updated by EMSS Pro at any time, and the updated terms of the Agreement shall take the place of the terms of the original Agreement once published in EMSS Pro’s official website. If you do not accept the revised term(s), please stop using the software immediately. Your continued use of the Software will be deemed to have accepted the updated agreement.