End user agreement for AnkaSearch
This license is for users who have obtained from anka software, bangalore a valid registration code / or obtained an evaluation version for AnkaSearch.
This License only applies to the executable code of AnkaSearch software and any accompanying distributable files, data and materials ("AnkaSearch"). You should carefully read the following terms and conditions before using, installing, copying, or distributing AnkaSearch. Unless otherwise agreed in a writing signed by an authorized representative of anka software, bangalore, S.L. ("anka software, bangalore"), your use, installation, copying, or distribution of AnkaSearch indicates your acceptance of this agreement ("License"). You understand and agree that the terms and conditions of this License are the only terms and conditions applicable to your purchase of this License or use of AnkaSearch and any additional or different terms specified, referenced, and/or incorporated by any document provided by you or on your behalf are hereby rejected by anka software, bangalore.
All registered copies of AnkaSearch allow access to AnkaSearch software features.
If you do not agree to all of the terms and conditions of this License, then do not use, install, copy, or distribute AnkaSearch. In addition, if you paid a license fee to anka software, bangalore or an authorized anka software, bangalore reseller, you may return to anka software, bangalore or the reseller, as applicable, a copy of the registration code, registration file, or activation code, if any, and a signed Affidavit of De-Installation and Non-Use in the form set forth on the AnkaSearch.com website, within thirty (30) days after purchase, for a full refund of the license fee.
Scope of License
Subject to the terms of this License, anka software, bangalore grants to you, for each Licensed Copy, a limited, non-exclusive, non-transferable, royalty-free, license to install and use AnkaSearch, solely for your personal or internal business purposes.
This single-user license gives you the right to install and use a single copy of AnkaSearch on one computer or workstation for non-simultaneous use by one or more persons and install a second copy of AnkaSearch on another computer or workstation for the exclusive use of the person who is the primary user of the first copy of AnkaSearch.
You may not give, transfer or sell copies of AnkaSearch to your customer(s), or any third party, in whole or in part, nor include copies of AnkaSearch, in whole or in part, in, or with, products you sell.
All rights of any kind in AnkaSearch which are not expressly granted in this License are entirely and exclusively reserved to and by anka software, bangalore. AnkaSearch is protected by the Government of India copyright laws and other applicable national and international laws and treaties.
You may use, install and distribute AnkaSearch solely as expressly provided in this License. You may not rent, lease, loan, sublicense, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, AnkaSearch, in whole or in part, nor permit anyone else to do so. You may not make access to AnkaSearch available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so. The license granted hereunder includes no rights in or to the source code version of AnkaSearch.
Warranty Disclaimers and Liability Limitations
AnkaSearch, and any and all accompanying software, files, data and materials, are distributed and provided "AS IS" and with no warranties of any kind, whether express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. Neither anka software, bangalore nor any of its affiliates or licensors warrant, guarantee, or make any representations regarding the use of, or the results of the use of, AnkaSearch. Neither anka software, bangalore nor any of its affiliates or licensors warrants that the operation of AnkaSearch will be uninterrupted or error-free, or that the use of any passwords and/or encryption features will be effective in preventing the unintentional disclosure of information contained in any file. You acknowledge that good data processing procedure dictates that any program, including AnkaSearch, must be thoroughly tested with non-critical data before there is any reliance on it, and you hereby assume the entire risk of all use of the copies of AnkaSearch covered by this License. This disclaimer of warranty constitutes an essential part of this License.
Except to the extent expressly prohibited by applicable statutes, anka software, bangalore, its affiliates or licensors shall not be liable for any damage or financial loss arising out of the use of, or inability to use, AnkaSearch. Any liability of anka software, bangalore, its affiliates or licensors will be limited exclusively to refund of any license or registration fee paid to anka software, bangalore. Except to the extent expressly prohibited by applicable statutes, in no event shall anka software, bangalore, or its principals, shareholders, officers, employees, affiliates, licensors, contractors, subsidiaries, or parent organizations, be liable for any direct, indirect, incidental, consequential, special, or punitive damages whatsoever relating to the use of AnkaSearch, or to your relationship with, anka software, bangalore, its affiliates or licensors (including, without limitation, loss or disclosure of data or information, loss of profit, revenue, business opportunity or business advantage, or business interruption), whether based upon a claim or action of contract, warranty, negligence, strict liability, contribution, indemnity, or any other legal theory or cause of action, even if advised of the possibility of such damages.
In addition, in no event does anka software, bangalore authorize you or anyone else to use AnkaSearch in applications or systems where AnkaSearch's failure to perform can reasonably be expected to result in a significant physical injury, or in loss of property, or loss of life. Any such use is entirely at your own risk, and you agree to hold anka software, bangalore, its affiliates or licensors harmless from any and all claims or losses relating to such unauthorized use.
AnkaSearch, including, without limitation, the information included in its accompanying distributable files, data and materials and any activation code and registration code files or information, and the know-how embodied in AnkaSearch, is confidential and trade secret information (the "Proprietary Information") that is proprietary to and solely owned or licensed by anka software, bangalore, together with all related copyrights and trademarks relating thereto. You agree to maintain the Proprietary Information in strictest confidence for the benefit of anka software, bangalore and its licensors. You shall not sell, license, publish, display, distribute, disclose, or otherwise make available or allow to be made available the Proprietary Information, including, without limitation, any activation codes, registration codes, or registration files, to any third party nor use such Proprietary Information except as authorized by this License. The obligations under this paragraph shall survive any termination or cancellation of the License.
This License is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements, and arrangements.
You may not assign, sublicense, subcontract, or otherwise transfer any of your rights or obligations or delegate any of your duties under this License, in whole or in part, without the prior written consent of anka software, bangalore. Notwithstanding anything to the contrary, any assignment of this License or any rights or obligations hereunder is contingent upon the intended assignee agreeing to be bound by the terms of this License and all responsibilities and obligations of the assignor hereunder.
This License shall be governed by the laws of the State of India. Exclusive jurisdiction and venue for all matters relating to this License shall be in High Court, Bangalore, India, and you consent to such jurisdiction and venue.
There are no third-party beneficiaries of any promises, obligations, or representations made by anka software, bangalore herein.
Any waiver by anka software, bangalore of any violation of this License by you shall not constitute, nor contribute to, a waiver by anka software, bangalore of any other or future violation by you of the same provision, or any other provision, of this License.
If any part of this License or the application thereof to any person or circumstance is for any reason held invalid or unenforceable, it shall be deemed severable, and the validity of the remainder of this License, or the applications of such provision to other persons or circumstances, shall not be affected thereby.