End user agreement for Cafe master
END USER LICENSE AGREEMENT
The software Patient Monitoring System 1.0, 2005
(USA,Asia,Europe,Adult,Middle East,South America,Central
America,Australia-New Zealand-Canada Editions)
REDISTRIBUTION NOT PERMITTED
READ THIS DOCUMENT CAREFULLY BEFORE INSTALLING THIS SOFTWARE. BY CLICKING THE
"I agree to the terms and rules related to the use of this program" BUTTON, DOWNLOADING, INSTALLING AND USING THIS SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE. YOU AGREE THAT YOUR INSTALLING OR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
This is a legal agreement between you (either an individual or an entity) and Indhan.net. and its suppliers and licensors (collectively "Indhan.net."). This Agreement states the terms and conditions upon which Indhan.net offers to license the software downloaded from this Website, together with all related documentation and accompanying items including, but not limited to, the executable programs, drivers, libraries and data files associated with such programs (collectively, the "Software").
You acknowledge that you are in possession of proprietary and confidential trade secret materials
belonging to Indhan.net Except as provided herein, all information and materials provided to you
shall be considered "Confidential Information". You promise not to use, disclose or otherwise disseminate any Confidential Information without the express written consent of Indhan.net. Confidential Information
does not include information: (i) was already known to you prior to receipt from Indhan.net; (ii) is or becomes public knowledge without breach of your obligations under this Agreement; (iii) is rightfully acquired by you from a third party without restriction on disclosure or use; (iv) was or is disclosed by the Indhan.net to a third party prior to or after the date of this Agreement without restriction or use; (v) is independently developed by you without resort to Indhan.net disclosure; or (vi) is disclosed or used following your receipt of express written consent from an officer of Indhan.net. Provided, however, that you shall have the burden of proof respecting any of these events on which you rely as relieving you of any restrictions under this Agreement. In addition, prior to any disclosure or use of Confidential Information pursuant to this paragraph, you must first notify Indhan.net, in writing, of the specific Confidential Information you seek to
use or disclose pursuant to this paragraph, and the factual and/or legal reasons therefore. Said written notice shall be made at least two weeks before using or disclosing such Confidential Information. You promise to act diligently in keeping their trade secrets and other confidential materials secret. You promise to act consistently with the legal requirements to maintain the "trade secret" classification of Indhan.net confidential business information.
1. Grant of License.
The Software is not sold to you. Rather, it is licensed on a non-exclusive basis solely for use by you, and you alone, under the terms of this Agreement. Indhan.net. (and, to the extent applicable, its licensors), retains all title to and ownership of the Software and reserves all rights not expressly granted to you hereby.
If you have obtained an evaluation/demo copy of the Software, and have not purchased a license to the Software, Indhan.net. grants you a non-exclusive license to use the Software free of charge for the
purpose of evaluating whether you wish to purchase an ongoing license for the Software. WARNING: Evaluation/Demo copies of the Software may become non-functional following initial installation on your computer. Evaluation/Demo copies of the software may also limit the number of times certain features may be executed. Indhan.net. disclaims all liability and responsibility for any loss of data or other information
which may occur as a result thereof.
2. No Trademark License.
No license is granted to you in this Agreement, either expressly or implicitly, to use any trademark, service mark, names, or logos of Indhan.net. Indhan.net owns all customer data collected through the registration process. Title, ownership rights, and intellectual property rights in and to the
Software shall remain with Indhan.net.
You agree to abide by the copyright laws of New York State and the United States as well as international
copyright agreements and Trademarks. You agree not to modify the Software or attempt to decompile, disassemble or reverse engineer the Software, except to the extent applicable laws specifically prohibit such restriction, or create derivative works based on the Software or create derivative works based on the Software, rent, lease, grant a security interest in, or otherwise transfer rights to the Software; or - remove any proprietary notices or labels on the Software.
4. Use on a Single Computer Only.
A.. The Software may be used by you only on a single computer. You may not transfer any portion of the Software from one computer to another computer.
B. Additional use on one or more computers requires an additional license for use.
C. This software may not distributed on online services, bulletin boards, or other electronic media. This software may not be distributed on CD-ROM, disk, or other physical media for a fee or for free without
the permission of Indhan.net. You may not alter this software in any way, including changing or removing
any messages or windows.
5. Lawful Use Only.
You agree that you shall only use the Software and Documentation in a manner that complies with all applicable laws in the jurisdiction in which you use the Software and Documentation, including, but not
limited to, applicable restrictions concerning copyright and other intellectual property rights. You will not misuse or otherwise use the software in a malicious way that causes injury or disruption to the websites
6. One Archival Copy.
You may only make one archival copy, which may only be used for backup purposes, and may not be distributed to others.
7. No Merger or Integration.
You may not merge any portion of the Software into, or integrate any portion of the Software with, any other program, except to the extent expressly permitted by the laws of the jurisdiction where you are located. Any portion of the Software merged into or integrated with another program, if any, will continue to be subject to the terms and conditions of this Agreement, and you must reproduce on the merged or integrated portion all copyright and other proprietary rights notices included in the originals of the Software.
9. No Transfer of License.
You may not transfer your license of the Software to anyone or any organization.
10. Limitations on Using, Copying, and Modifying the Software. Except to the extent expressly permitted by this Agreement or by the laws of the jurisdiction where you acquired the Software, you may not use, copy or modify the Software. Nor may you sub-license any of your rights under this Agreement.
11. Decompiling, Disassembling, or Reverse Engineering.
You acknowledge that the Software contains trade secrets and other proprietary information of Indhan.net. and its licensors. Except to the extent expressly permitted by this Agreement or by the laws of the
jurisdiction where you are located, you may not decompile, disassemble or otherwise reverse engineer the software, or engage in any other activities to obtain underlying information that is not visible to the user in connection with normal use of the Software.
In particular, you agree not for any purpose to transmit the Software or display the Software's object code on any computer screen or to make any hardcopy memory dumps of the Software's object code. If you believe you require information related to the interoperability of the Software with other programs, you shall not decompile or disassemble the Software to obtain such information, and you agree to request such
information from Indhan.net. at the address listed below. Upon receiving such a request, Indhan.net. shall determine whether you require such information for a legitimate purpose and, if so, Indhan.net. will provide such information to you within a reasonable time and on reasonable conditions.
In any event, you will notify Indhan.net. of any information derived from reverse engineering or such other activities, and the results thereof will constitute the confidential information of Indhan.net.
that may be used only in connection with the Software.
12. Software Updates
This license does not grant you any right to any enhancements or updates to the Software, nor any support services. You agree that Indhan.net. may, through a future version feature called auto-update function,
download updates and install them as part of your Software. The software has included website links to online support for information on bug fixes, patches, database updates, and enhanced functions.
The license granted to you is effective until terminated. You may terminate it at any time by returning the Software (including any portions or copies thereof) to Indhan.net. The license will also terminate automatically or installing a blank database without any notice from Indhan.net. if you fail to comply with any term or condition of this Agreement. You agree upon such termination to return the Software (including any portions or copies thereof) to Indhan.net. Upon termination, Indhan.net. may also enforce any
rights provided by law. The provisions of this Agreement that protect the proprietary rights of Indhan.net. will continue in force after termination.
14. DISCLAIMER OF WARRANTY
Indhan.net. does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted, error-free or free from malicious code. For purposes of this paragraph, "malicious code" means any program code designed to contaminate other computer programs or computer data, consume computer resources, modify, destroy, record, or transmit data,
or in some other fashion usurp the normal operation of the computer, computer system, or computer network, including viruses, Trojan horses, droppers, worms, logic bombs, and the like.
EXCEPT AS STATED ABOVE IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Indhan.net IS NOT OBLIGATED TO PROVIDE ANY UPDATES, UPGRADES OR TECHNICAL SUPPORT FOR THE SOFTWARE.
Further, Indhan.net shall not be liable for the accuracy of any information provided by Indhan.net or third-party technical support personnel, or any damages caused, either directly or indirectly, by acts taken or omissions made by you as a result of such technical support.
You assume full responsibility for the selection of the Software to achieve your intended results, and for the installation, use and results obtained from the Software. You also assume the entire risk as it applies to the quality and performance of the Software. Should the Software prove defective, you (and not Indhan.net, or its distributors or dealers) assume the entire cost of all necessary servicing, repair or correction.
15. LIMITATION OF REMEDIES AND DAMAGES
IN NO EVENT WILL Indhan.net OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST PROFITS, LOST SAVINGS, LOST REVENUES OR LOST DATA ARISING FROM OR RELATING TO THE SOFTWARE OR THIS AGREEMENT, EVEN IF Indhan.net OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Indhan.net. LIABILITY OR DAMAGES TO YOU OR ANY OTHER PERSON EVER EXCEED THE AMOUNT PAID BY YOU TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF THE CLAIM.
If the country/state in which you reside does not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
16. INDIA GOVERNMENT RESTRICTED RIGHTS
All Software and related documentation are provided with restricted rights. Manufacturer is Indhan.net, Rajarjeswary Namgar . If you are sub-licensing or using the Software outside of the India, you will comply with the applicable local laws of your country, India export control law, and the English version of this Agreement. You are responsible for complying with all trade regulations and laws both foreign and domestic.
17. EXPORT RESTRICTIONS
You acknowledge that none of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported
This Agreement is binding on you as well as your employees, employers, contractors and agents, and on any successors and assignees. Neither the Software nor any information derived therefrom may be exported .
that particular provision will be deemed modified to the extent necessary to make the provision valid and enforceable, and the remaining provisions will remain in full force and effect. The terms and conditions contained in this License Agreement may not be modified unless both you and an authorized representative of Indhan.net. execute a separate written instrument.
Subjected india banglaore jurisdiction
19. Injunctive Relief.
You acknowledge that the Software and the Services contained in Indhan.net. proprietary and confidential information, and that
disclosure of such information or misuse of the Software will give rise to irreparable injury to Indhan.net, inadequately compensable in damages. Accordingly, Indhan.net may seek and obtain injunctive relief
against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies which may be available. Said relief will be available without the requirement of posting a bond or
undertaking. You (the end user ) agree to pay all legal fees to and for Indhan.net.
20. Limited Warranty:
By using this Indhan.net software you acknowledge that you have read this End User Agreement, understand it, and agree to abide by its terms and conditions. You also agree that the limited warranty is the
complete and exclusive statement of agreement between the parties and supersede all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter
of the limited warranty.
End Of Agreement
Indhan.net Software License Agreement