SPINSOLite INDIA

END-USER LICENSE AGREEMENT ("EULA")

SPINSO SOFTWARE LICENSE AGREEMENT IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE. SPINSO IS WILLING TO LICENSE THE SOFTWARE TO YOU AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE UTILIZING THE SOFTWARE (REFERENCED BELOW AS "YOU" OR "YOUR") ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND SPINSO FOR USING THE SOFTWARE. IF YOU DO NOT ACCEPT THE EULA TERMS, DO NOT USE THE SOFTWARE PRODUCT.

TERMS:

"You" means the person, company, or organization that has licensed the SOFTWARE PRODUCT(s) or SOFTWARE by means of a paid license fee respective of your order.

"SOFTWARE PRODUCT or SOFTWARE" means use of a copy of computer software identified herein. A copy of the printed materials may include "online" or electronic documentation as well as any applicable licensed third party Content.

"Computer" means a virtual or physical computer device that accepts information in digital or similar form and manipulates it for specific result based on a sequence of instructions.

"Internal Network" means a private, proprietary network resource accessible only by employees and individual contractors (i.e., temporary employees) of a specific corporation or similar business entity. Internal Network does not include portions of the Internet or any other network community open to the public, such as membership or subscription driven groups, associations and similar organizations.

  1. License grant and restrictions

    1.1   The following section applies to all SPINSO PRODUCT(S) and SOFTWARE. If You obtained the SOFTWARE and any required SOFTWARE License(s) from SPINSO or one of its authorized distributors and as long as You comply with the terms of this EULA, SPINSO grants You a non-exclusive, non-transferable, limited personal license to install and use the SOFTWARE PRODUCT or SOFTWARE in a manner consistent with its design, documentation, and Your order. You may only use the SOFTWARE according to the License ordered by you and granted by SPINSO.SPINSO offers several license types to meet the needs of its customers. Particular licenses are offered for the SOFTWARE PRODUCT OR SOFTWARE depending on the intended use of the SOFTWARE. Your order shall designate the authorized use of the SOFTWARE which may include but is not limited to; Subscription License and Perpetual License


    1.2   General Use. Except as otherwise provided in this EULA, You may install and use the SOFTWARE on up to the Permitted Number of Users according to your order.


    1.3   Distribution from Server. You may download and copy the SOFTWARE onto file server(s) within Your Internal Network for the purpose installing the SOFTWARE onto Computers within the same Internal Network for use as permitted by Section 1.1.


    1.4   Server Use. You may install the SOFTWARE on Computer file server(s) within Your Internal Network only for use of the SOFTWARE initiated by an individual from a Computer within the same Internal Network as permitted by Section 1.1. The total number of users (not the concurrent number of users) able to use the SOFTWARE on such Computer file servers(s) may not exceed the Permitted Number of users as specified by the license purchased.


    1.5   Backup Copy. You may make a reasonable number of backup copies of the SOFTWARE, provided your backup copies are not installed or used for other than archival purposes.

  2. Subscription-Based Software License (if applicable)

    If we provide the Software to you as part of your subscription to use the Services, then subject to your compliance with these terms, we grant you a non-exclusive license to install and use the Software, (a) so long as your subscription is valid, and (b) consistent with applicable terms and related documentation of this agreement.

    2.1   Activation. The Software may require you to take certain steps to activate your Software or validate your license. Failure to activate or register the Software, validate the license, or a determination by us of fraudulent or unauthorized use of the Software may result in reduced functionality, inoperability of the Software, or a termination or suspension of product license.


    2.2   All our subscription plans are Pre-paid

    2.2.a   Payment. You will be charged the fees stated at the time of purchase. As soon as we have received full payment, your paid subscription will begin.


    2.2.b   Renewal. The prepaid price is valid till the end of the subscription period. After that, we'll renew your contract automatically unless you cancel. The price is subject to change, but we will always notify you beforehand.


    2.2.c   Refund. Because all SPINSO products are available on a Free Trial basis, paid subscription or license fees are not subject to refund.


    2.2.d   Termination. The SPINSO product subscription license is offered on pre-paid basis only. We will always send you a renewal notice. Once you receive the renewal notice, you may terminate your subscription by emailing us or by phone. After termination the software data will be inaccessible.


    2.2.e   Online Purchases. To ensure a safe and secure online shopping experience, SPINSO uses PayPal (for users outside India) and PayuMoney (within India) as its online checkout merchant service provider. All online transactions are subject to common card industry terms and conditions.

  3. OTHER RIGHTS AND LIMITATIONS

    3.1   Limitations on Reverse Engineering, De-compilation, and Disassembly. You may not reverse engineer, decompile, translate, localize or disassemble the SOFTWARE PRODUCT.


    3.2   Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer. You may not unbundle or repackage the SOFTWARE PRODUCT for distribution.


    3.3   Rental. You may not rent, license, assign, transfer, time share, host, lend, sub-license, distribute, or lease the SOFTWARE PRODUCT except as otherwise expressly provided in this EULA.


    3.4   Software Transfers of Rights. You may transfer a multi-user license rights in connection with a divestiture, a merger, or consolidation, as long as You provide SPINSO with prior written assigned notice, on a form that SPINSO will provide You, that includes: (i) the original license order number/details; (ii) the quantity of licenses, if applicable, being transferred by product and version; (iii) the name, address and contact information of the transferee; (iv) any other information that SPINSO reasonably requests. For all other transfers of licenses, SPINSO prior written consent is required. No license transfer will be valid unless the transferee accepts in writing the applicable product use rights, use restrictions, and limitations of liability. Any transfer made in violation of the requirements or restrictions of this section will be void and may result in the license being terminated. You may not transfer licenses on a short-term basis or transfer temporary rights to use products. The SOFTWARE PRODUCT and any copies of the SOFTWARE PRODUCT or any SOFTWARE key or key codes related to the SOFTWARE PRODUCT and SPINSO trademarks may not be used, posted or displayed in any form or manner on any online auction sites or any other site without the express prior written permission of SPINSO.


    3.5   Term and Termination. The term of this EULA granted to you for the use of the SOFTWARE PRODUCT is for subscription period, renewable automatically, but without prejudice to any other rights, SPINSO may terminate this EULA if you fail to comply with any of the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.


    3.6   Dealer Version. When we provide the Software for special use by dealers then we refer to it as a "Dealership copy". You may only use the Dealership copy if you are an active dealer. You may install and use Dealer copy only for your personal use. This version of software is non-transferable.


    3.7   Trial Version Restrictions. Your rights to install and use the Trial Version under this section will immediately terminate upon the earlier of (a) the expiration of the Trial Period, or (b) such time that you purchase a license to the software product or software. You acknowledge that the trial version may have limited features, function for a limited period of time, have other limitations not present in a non-trial version of the software. Notwithstanding anything to the contrary in this EULA, the trial version of any SPINSO software product or software is provided to you on an "as is" basis, and SPINSO disclaims any warranty or liability obligations to you of any kind.


    3.8   Upgrades. If upgrading from one SPINSO software product edition to a different edition of the same product, the subsequent use of the originating product edition is invalidated/prohibited in accordance with this EULA (Effectively exchanging rights of use).

  4. Intellectual Property Rights

    All rights, title, and interests, including, but not limited to, all copyrights, trade secret rights, patent and trademark rights in and to the SOFTWARE PRODUCT (including but not limited to any images incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by and shall remain the sole property of SPINSO

  5. Injunctive Relief

    The parties agree that if You utilize or otherwise use any of the SOFTWARE PRODUCT in an unauthorized manner, or breach the terms and conditions of this EULA, that such use or breach would have a devastating and serious impact on SPINSO's continuing ability to compete profitably and would, therefore, result in immediate and irreparable injury, loss or damage to SPINSO .The parties agree that in such event, in addition to SPINSO's right to recover damages for a breach of this EULA, SPINSO would be entitled to obtain a temporary restraining order or a preliminary injunction from a court of competent jurisdiction to prevent You, Your employees, agents, consultants, or independent contractors from engaging in any further use of the SOFTWARE PRODUCT or the continued breach of the remaining terms and conditions of this EULA.

  6. Support /Warranty

    Technical support for the Software Product will be free till the subscription period lasts. Support will be available via e-mail, telephone or remote access during regular business hours IST. Incase of perpetual license 1 year free email, telephone and remote support will be provided, after 1 year technical support will be paid support.

  7. Customer Remedies

    SPINSO and its suppliers' or licensor's entire liability and your exclusive remedy shall be, at SPINSO'S discretion, repair or replacement of the SOFTWARE PRODUCT. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period.

  8. No other warranties

    To the maximum extent permitted by applicable law, spinso and its suppliers, and licensors disclaim all other warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

  9. No liability for consequential damages

    To the maximum extent permitted by applicable law, in no event shall SPINSO or its suppliers, or licensors, be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use, misuse, or inability to use the software product, even if SPINSO has been advised of the possibility of such damages.

  10. Succession

    This EULA and the applicable License restrictions set forth the entire Agreement and understanding between the parties as to the subject matter of this Agreement and supersede all prior EULA's, discussions, representations, and amendments of understandings of every kind and nature between them.

  11. Amendments

    Except as otherwise provided in this EULA, this Agreement may not be amended, altered, or any of its provisions waived on behalf of either party, except in writing executed by both parties' duly authorized agent.

  12. Third party Acknowledgement and Terms

    The SOFTWARE PRODUCT or SOFTWARE may use or include third party components or Content and other copyrighted or publicly licensed material. Acknowledgments, licensing terms and additional disclaimers for such components, Content, or materials are contained in the respective components documentation, and your use of such components, Content or material is governed by their respective terms and conditions.