End user agreement for inDefend Internet Security
This software program, and any files that are delivered to you by Data Resolve Technologies Private Limited (via on-line transmission or otherwise) to "patch," update, or otherwise modify the software program, as well as any printed materials and any on-line or electronic documentation (the "Manual"), and any and all copies and derivative works of such software program and Manual (collectively, with the inDefend Internet Security " defined below, the " inDefend Internet Security ") is the copyrighted work of Data Resolve Technologies Private Limited or its licensors (collectively referred to herein as "Dataresolve Technologies"). Any and all uses of the inDefend Internet Security are governed by the terms of this End User License Agreement ("License Agreement" or "Agreement"). The inDefend Internet Security may only be used by obtaining from Dataresolve Technologies. The inDefend Internet Security is distributed solely for use by authorized end users according to the terms of the License Agreement. Any use, reproduction, modification or distribution of the inDefend Internet Security not expressly authorized by the terms of the License Agreement is expressly prohibited.
A. All title, ownership rights and intellectual property rights in and to the inDefend Internet Security and all copies thereof (including without limitation any titles, computer code, themes, objects, concepts, moral rights, and any related documentation) are owned or licensed by Dataresolve Technologies. The inDefend Internet Security is protected by the copyright laws of India, international treaties and conventions, and other laws. The inDefend Internet Security may contain materials licensed by third parties, and the licensors of those materials may enforce their rights in the event of any violation of this License Agreement.
B. You may permanently transfer all of your rights and obligations under the License Agreement to another by physically transferring the original media (e.g., the CD-ROM or DVD you purchased), all original packaging, and all Manuals or other documentation distributed with the inDefend Internet Security ; provided, however, that you permanently delete all copies and installations of the inDefend Internet Security in your possession or control, and that the recipient agrees to the terms of this License Agreement. The transferor (i.e., you), and not Dataresolve Technologies, agrees to be solely responsible for any taxes, fees, charges, duties, withholdings, assessments, and the like, together with any interest, penalties, and additions imposed in connection with such transfer.
3. Responsibilities of End User.
A. Subject to the license granted hereunder, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the inDefend Internet Security , or remove any proprietary notices or labels on the inDefend Internet Security. Failure to comply with the restrictions and limitations contained in this Section 3 shall result in the immediate, automatic termination of the license granted hereunder and may subject you to civil and/or criminal liability. Notwithstanding the foregoing, you may make one (1) copy of the inDefend Internet Security and the Manuals for archival purposes only.
B. You agree that you shall not, under any circumstances,
(i) sell, grant a security interest in or transfer reproductions of the inDefend Internet Security to other parties in any way not expressly authorized herein, nor shall you rent, lease or license the inDefend Internet Security to others;
(ii) exploit the inDefend Internet Security or any of its parts without the express written consent of Dataresolve Technologies;
4. Termination. This License Agreement is effective until terminated. You may terminate the License Agreement at any time by (i) permanently destroying all copies of the inDefend Internet Security in your possession or control; (ii) removing the inDefend Internet Security from your hard drive; and (iii) notifying Dataresolve Technologies of your intention to terminate this License Agreement. Dataresolve Technologies may terminate this Agreement at any time for any reason or no reason. In such event, you must immediately and permanently destroy all copies of the inDefend Internet Security in your possession and control and remove the inDefend Internet Security from your hard drive. Upon termination of this Agreement for any reason, all licenses granted herein shall immediately terminate.
5. Patches and Updates. Dataresolve Technologies may deploy or provide patches, updates and modifications to the inDefend Internet Security that must be installed for the user to continue using the software. Dataresolve Technologies may update the inDefend Internet Security remotely residing on the user's machine, without the knowledge or consent of the user, and you hereby grant to Dataresolve Technologies your consent to deploy and apply such patches, updates and modifications.
6. Limited Warranty. THE inDefend Internet Security (INCLUDING WITHOUT LIMITATION THE MANUAL(S)) IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. The entire risk arising out of use or performance of the inDefend Internet Security (including without limitation the Manual(s)) remains with the user. Notwithstanding the foregoing, Dataresolve Technologies warrants up to and including 90 days from the date of your purchase of the inDefend Internet Security that the media containing the inDefend Internet Security shall be free from defects in material and workmanship. In the event that such media proves to be defective during that time period, and upon presentation to Dataresolve Technologies of proof of purchase of the defective media, Dataresolve Technologies will at its option (a) correct any defect, (b) provide you with a similar product of similar value, or (b) refund your money. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION.
7. Limitation of Liability, Indemnity. NEITHER DATARESOLVE TECHNOLOGIES NOR ITS PARENT, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE inDefend Internet Security OR ANY USE OF THE inDefend Internet Security, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES.
8. Equitable Remedies. You hereby agree that Dataresolve Technologies would be irreparably damaged if the terms of this License Agreement were not specifically enforced, and therefore you agree that Dataresolve Technologies shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this License Agreement, in addition to such other remedies as Dataresolve Technologies may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this License Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
9. Changes to the Agreement. Dataresolve Technologies reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this License Agreement when Dataresolve Technologies upgrades the inDefend Internet Security, effective upon prior notice as follows: Dataresolve Technologies will post notification of any such changes to this License Agreement on the Company's website and will post the revised version of this License Agreement in this location, and may provide such other notice as Dataresolve Technologies may elect in its sole discretion. If any future changes to this License Agreement are unacceptable to you or cause you to no longer be in compliance with this License Agreement, you may terminate this License Agreement in accordance with Section 5 herein. Your installation and use of any updates or modifications to the inDefend Internet Security or your continued use of the inDefend Internet Security following notice of changes to this Agreement will demonstrate your acceptance of any and all such changes. Dataresolve Technologies may change, modify, suspend, or discontinue any aspect of the inDefend Internet Security at any time. Dataresolve Technologies may also impose limits on certain features or restrict your access to parts or all of the inDefend Internet Security without notice or liability. You have no interest, monetary or otherwise, in any feature or content contained in the inDefend Internet Security.
10. Dispute Resolution and Governing Law
a. Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this License Agreement ("Dispute"), you and Dataresolve Technologies agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. Dataresolve Technologies will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to Dataresolve Technologies, STEP, IIT, Kharagpur-721302, West Bengal, India.
b. Restrictions. You and Dataresolve Technologies agree that any arbitration shall be limited to the Dispute between Dataresolve Technologies and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
c. Exceptions to Informal Negotiations and Arbitration. You and Dataresolve Technologies agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Dataresolve Technologies' intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
d. Governing Law. Except as expressly provided otherwise, this License Agreement shall be is governed by, and will be construed under, the Indian Penal Code andor Indian IT Act without regard to choice of law principles.
e. Severability. You and Dataresolve Technologies agree that if any portion Section 10 is found illegal or unenforceable (except any portion of 10(c)) that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 10(c) is found to be illegal or unenforceable then neither you nor Dataresolve Technologies will elect to arbitrate any Dispute falling within that portion of Section 10(c) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within India, and you and Dataresolve Technologies agree to submit to the jurisdiction of that court.
I hereby acknowledge that I have read and understand the foregoing License Agreement and agree that by clicking "Accept" or installing the inDefend Internet Security, I am acknowledging my agreement to be bound by the terms and conditions of this License Agreement.
This software is a collective work consisting of the following Open Source components:
The following software is licensed under a separate Open Source License. Dataresolve Technologies is not affiliated with nor endorsed by any of the above providers:-
a. DotNetZip Library developed by dotnetzip.codeplex.com (http://dotnetzip.codeplex.com) is licensed under Microsoft Public License (MS-PL). Please read the license agreement at http://dotnetzip.codeplex.com/license
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