End user agreement for InsTIL
InsTIL Software Usage License Agreement
IMPORTANT-READ CAREFULLY: THIS IS A LEGAL AGREEMENT BETWEEN YOU AND PRECISION TECHCONET PVT. LTD FOR THE USAGE OF THE SOFTWARE PRODUCT IDENTIFIED ABOVE, WHICH MAY INCLUDE COMPUTER SOFTWARE, ASSOCIATED MEDIA, PRINTED MATERIALS AND ONLINE OR ELECTRONIC DOCUMENTATION (“SOFTWARE”). BEFORE CONTINUING WITH THE INSTALLATION OF THE SOFTWARE, YOU MUST READ, ACKNOWLEDGE AND ACCEPT THE TERMS AND CONDITIONS OF THE SOFTWARE LICENSE AGREEMENT THAT FOLLOWS (“AGREEMENT”). ACCEPTING THE TERMS AND CONDITIONS SHALL ENTITLE YOU TO USE THE PRODUCT.
1. GRANT OF LICENSE. Precision Techconet Pvt. Ltd. grants you a nonexclusive and limited license to use the Software functionalities for which you have paid Precision Techconet Pvt. Ltd. fees, solely for your internal business purposes and in accordance with the terms and conditions of this License Agreement. The Software is licensed, not sold, to you.
2. INSTALLATION AND USE. You may install and use the Software only in the configuration and for the number of licenses ordered by you. You may also install the Software as is reasonably necessary for disaster recovery, emergency restart and backup, including, but not limited to making copies for such purposes for use at one or more disaster recovery sites. In order to exercise your rights to the Software under this License Agreement you must activate your copy of the Software in the manner described during the launch sequence. Precision Techconet Pvt. Ltd. may control the number and type of licenses and the use of the Software by key codes.
3. LICENSE TYPES and Explanation.
3.1 Perpetual and Annual Subscription.
3.2 Concurrent user license for Service Desk and Assets. The InsTIL application and utilities installed by you are licensed to you as Concurrent User Licenses. One license will constitute use of one Service Desk user and certain head count of assets to be determined at the time of sale. A single Service Desk license can be shared by many one at a time. All Active and Inactive, written off and Sold Assets occupy one head count. Option will be provided to remove Sold and written off assets from the database.
3.3 Perpetual Licensing. It grants you the license to use the product for an indefinite period. However, support, bug fixes and product upgrade are available only on renewing the Annual support Contract (ASC) after the expiry of the purchase warranty.
3.4 Annual Subscription. It grants you the license to use the product for a definite period (usually one year). Year on year the prevailing annual subscription charges are payable to Precision Techconet Pvt. Ltd for uninterrupted support, bug fixes and product upgrade. A grace period of 15 days is given to the customer.
3.5 Annual support Contract (In case of perpetual license). Due for renewal every year. A grace time of 60 days are provided to renew the contract. On expiry of the 60 days, the customer shall procure a fresh license.
3.6 Trial License. A free trial is offered when requested by a customer. The trial license might restrict the period of usage/number of Service Desk/number of Assets.
4. USE, DEPLOYMENT AND DISTRIBUTION OF RUNTIME SOFTWARE.
4.1.1. “Access” means to connect to the InsTIL application via a web browser.
4.1.2. “Deployment” or “Deploy” means installing InsTIL for either trial or into production
4.1.5. “Processor” means a single physical central processing unit or CPU.
4.1.8. “Server Application” means includes the following things. IIS, SQL server, InsTIL virtual directory.
4.2 Use and protection of InsTIL. You may install and use a single copy of InsTIL is enabled with Processor based licensing and hence installing multiple copies is prohibited.
4.3 Deployment and Distribution of InsTIL. Precision Techconet Pvt. Ltd. grants you the license to use the product. The source code is protected and it is not shared with the customer. The database is however the customer's property, which is encrypted or protected from the user.
End User agrees not to use the Software on a rental or timesharing basis or to operate a service bureau facility for the benefit of third-parties;
5. OWNERSHIP. Precision Techconet Pvt. Ltd. retain all rights, title and interest in and to the Software and all copies at all times, regardless of the form or media in or on which the original or other copies may subsequently exist. You neither own nor hereby acquire any claim or right of ownership to the Software or to any related patents, copyrights, trademarks or other intellectual property. You agree to use reasonable efforts to prevent and protect the contents of the Software from unauthorized disclosure or use. Precision Techconet Pvt. Ltd.and/or its suppliers reserve all rights not expressly granted to you. Precision Techconet Pvt. Ltd.' are the intended beneficiaries of this License Agreement and have the express right to rely upon and directly enforce the terms set forth herein.
6. COPYRIGHT. The Software is copyrighted by Precision Techconet Pvt. Ltd. and is protected by the Government of India copyright and patent laws and international treaty provisions. You may not copy the Software except: (a) to provide a backup copy; or (b) to install the Software components licensed by you, as set forth in Sections 2, 3 and 4, on to computers as part of executing the Software. Solely with respect to the documentation included with the Software, you may make a reasonable number of copies (either in hardcopy or electronic form), provided that such copies shall be used only by licensed end users in conjunction with their use of the Software and are not republished or distributed to any third party. You must reproduce and include all copyright notices, trademarks or other proprietary legends of Precision Techconet Pvt. Ltd.and on any copy of the Software or documentation made by you. Any and all other copies of the Software made by you are in violation of this License Agreement.
7. RESTRICTIONS. Except as expressly permitted by this License Agreement: (a) you may access the Software only in connection with the processing and distribution to your employees, customers and business partners of: (i) your data, and (ii) any third-party data you have a right to process and distribute; (b) you shall not use the Software on a timesharing basis or to operate a service bureau facility or provide hosted services for the benefit of third-parties; (c) you shall not modify or translate the Software except as necessary to configure the Software using the menus, options and tools provided for such purposes and contained in the Software; (d) you shall not in any way reverse engineer, disassemble or decompile the Software or any portion thereof except to the extent and for the express purposes authorized by applicable law notwithstanding this limitation; (e) you shall not sublicense, assign, rent, sell, lease, distribute or otherwise transfer the Software or any of the rights granted by this License Agreement without the express written permission of Precision Techconet Pvt. Ltd.; (f) you shall not use the Software to develop a product for distribution that is generally competitive with Precision Techconet Pvt. Ltd.' product offerings; (g) you shall not use the Software or Runtime Software to develop a product that converts the report file (.RPT) format to an alternative report file format used by any general-purpose report writing, data analysis or report delivery product that is not the property of Precision Techconet Pvt. Ltd.; (h) you shall not alter, disassemble, decompile, translate, adapt, or reverse-engineer the report file (.RPT) format; (i) you shall not use unauthorized keycodes to access additional Software functionality or performance, (j) you shall not disclose any Software benchmark results to any third party without Precision Techconet Pvt. Ltd.' prior written approval; and (k) you shall not distribute the Software or Runtime Software with any general-purpose report writing, data analysis or report delivery product or any other product that performs the same or similar functions as Precision Techconet Pvt. Ltd.product offerings. If you wish to develop and/or test an interface to the Software or merge the Software with any other software, you shall inform Precision Techconet Pvt. Ltd.and Precision Techconet Pvt. Ltd., at its option, may provide you with information sufficient to enable interoperability between the Software and such other software or products.
9. LIMITATION OF LIABILITY. Precision Techconet Pvt. Ltd, is not liable for the customer's business impacts/losses arising out of bugs and inconsistencies (if any) in the InsTIL application. However as per the agreed support services, the patches for bug fixes will be released from time to time.
10. SUPPORT SERVICES. All support services are offered over web and the Customer shall ensure that their InsTIL server is accessible on the web in protected mode. A remote session will be enabled with the customer if required.
All calls are received at Precision Techconet's service Desk from 9 am to 6 pm IST. During non business hours an email can be sent to the service Desk.