End user agreement for Watchman - My Webcam My CCTV
This end user license agreement ("agreement") constitutes a binding agreement between you the purchaser, and/or any other third party using the software "watchman" ("user"), and company Multiicon (owner of the software "watchman" along with nocctv.in hereinafter referred to as "Multiicon". You should carefully read the following terms and conditions before installing this software (Watchman). Installation of this software constitutes your acceptance of these terms and conditions. If you do not agree to be bound by these terms and conditions, you must not purchase the software, or uninstall the software if it is already installed. Use of the software is strictly prohibited unless you agree to be bound by the terms and conditions of this agreement. You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the requisite authority to represent and bind the other party to this Agreement. You shall not use this software if you are not competent to contract under the applicable laws, rules and regulations. This Agreement shall continue to be in full force and effect for so long as you are using this software. Multiicon may at any time modify the terms and conditions ("Terms") without any prior notification to you. You can access the latest version of the Terms here at any given time. You should regularly review the Terms. In the event the modified Terms are not acceptable to you, you should discontinue using the software. However, if you continue to use the software, you agree to accept and abide by the modified Terms.
OWNERSHIP OF SOFTWARE
USER acknowledges and agrees that all of the computer programs, whether in basic code or usable form, certificates of authenticity, security devices and associated documentation, regardless of form or media, (collectively, the "Software") which are the subject of this Agreement, are owned exclusively by MULTIICON. USER agrees that the price paid for the Software constitutes a license fee, granting USER only the rights set forth in this Agreement.
GRANT OF LICENSE
MULTIICON grants to USER, and USER accepts, a limited, non-exclusive and revocable license to use the Software, in machine-readable, object code form only. USER agrees to use the Software only as authorized in this Agreement.
No other rights either express or implied are being transferred to the USER unless specifically stated in this Agreement. USER shall not have any right to reproduce, distribute, or otherwise disseminate the Software contrary to the terms and conditions of this Agreement. USER shall have no right, title, interest or claim as to the property owned by MULTIICON, which includes but is not limited to, the Software, any patents, trademarks, copyrights, and/or trade-names.
SCOPE OF LICENSE
This Software is licensed to be used on only one PEN DRIVE (in case of Pen drive version) or for one computer system ( in case of CD version). A valid license must be purchased for each PEN DRIVE or computer system.
USER may not copy or make any changes or modifications to the Software, and USER may not engage or participate with any other third party to manufacture, duplicate, deliver, transfer, pirate, translate, decompile, disassemble, or otherwise reverse engineer the Software. USER may not lend, rent, lease or sub-license the Software, in any form, to any other third party for any purpose, unless authorized by this Agreement. USER agrees to use all reasonable efforts to protect the Software from unauthorized use, modification, reproduction, distribution or publication and to report any unauthorized use, modification, reproduction, distribution or publication to MULTIICON. USER is not permitted to make any copies of the Software. USER shall not use the Software in a manner not authorized by the terms of this Agreement, and MULTIICON (in addition to the other remedies available under various laws and regulation) reserves all rights to protect its ownership entitlements or protect against unauthorized or illegal or unlawful use or duplication and to get indemnified for any loss/damages to Multiicon that are not expressly granted herein.
USER may not transfer, sell, distribute or otherwise disseminate the Software, unless all of the following conditions are met: (1) a license transfer is purchased by USER; (2) a license transfer is granted to USER by MULTIICON, and (3) the transferee agrees to be bound by the same terms and conditions of this Agreement. In the event that a transfer is authorized, USER must transfer all original documents in their possession and either transfer or destroy any and all copies of the Software.
LIMITATION OF LIABILITY
USER AGREES THAT IN NO EVENT SHALL MULTIICON, ITS AFFILIATES, DISTRIBUTORS OR RESELLERS BE LIABLE FOR ANY DAMAGES (INCLUDING ANY CAUSED BY NEGLIGENCE), LOSS OF PROFIT OR ANY OTHER COMMERCIAL DAMAGE, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, EVEN IF MULTIICON OR ITS AFFILIATES ARE ADVISED, IN ADVANCE, OF THE POSSIBILITY OF SUCH DAMAGES. USER AGREES THAT THIS LIMITATION OF LIABILITY SHALL APPLY EVEN IF ANY REMEDY FAIL IN THEIR ESSENTIAL PURPOSE. NOTWITHSTANDING THE FOREGOING, USER AGREES THAT IN NO EVENT SHALL THE LIABILITY OF MULTIICON, ITS AFFILIATES, DISTRIBUTORS OR RESELLERS EXCEED THE PURCHASE PRICE PAID FOR THE SOFTWARE AND/OR THIS LICENSE.
GOVERNING LAW, JURISDICTION AND VENUE
This Agreement is governed and construed in accordance with the Laws of Union of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Rajkot, Gujarat, India, in all disputes arising out of or relating to the use of this software. Use of this software is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree to indemnify and hold Multiicon, its subsidiaries, affiliates, officers, directors, employees, and representatives harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of this software.
This Agreement constitutes the entire agreement between the USER and MULTIICON with respect to the use of the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. MULTIICON reserves the right to modify this agreement, without notice, at any time. No amendment to or modification of this Agreement will be binding unless in writing and signed by MULTIICON. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, invalid, or illegal, the remainder of this Agreement shall continue in full force and effect and the parties will amend this Agreement to give effect to the stricken clause to the maximum extent possible.
OTHER TERMS AND CONDITIONS OF USE
USER agrees that the installation and use of the Software will be in accordance with all local, state and federal laws governing the monitoring of computer activity and usage.
USER agrees to use this software ONLY for the purpose allowed under this agreement and only after obtaining license to use this software in a legal way by payment of requisite license fees.
USER acknowledges that it is prohibited and against the terms of this Agreement NOT to inform any third party that the PEN DRIVE/CD they are using are installed with the Software and that their usage is subject to monitoring and recording.
User further offers confirmation to reading and acceptance of following terms;
Compact Disk (CD Version) version Software is single PC version which can be used for one computer system. Once installed on particular system, it is non-transferable and therefore same product key cannot be used for activation on any other computer.
Pen Drive Version is mobility version which will work with registered pen drive only. Software on registered pen drive will not be transferable and any attempt to copy/duplicate or transfer it to other pen drive or any other storage media will amount to violation of copyrights and company reserve its right to protect them under Copyrights Law.
Sale of software is on non-refundable basis. Once the seal is broken, Software will not be taken back. For Pen Drive Version replacement of damaged Pen Drive will be allowed for first five years from the date of first original purchase at the cost of pen drive plus service cost of INR 100 ( or equivalent) and delivery charges.
Software works on windows® based environment.
Software features will be subject to change/upgrades without any prior notice.
This software supports maximum of four Web cameras however owing to any technical limitations in hardware/cameras, it may support less than four cameras. However company is not responsible for any such hardware issue. Company will show demonstration of the software at its office or any other set up created by company for demonstration of the software and that will be sufficient compliance of company's obligation against sale of this software.
Software Pack includes one software copy (CD & User Guide in case of CD version) and one software copy (Pen Drive & User Guide for Pen Drive Version). It does not include any other hardware and/or installation which can be separately provided by respective dealer in concerned location at additional cost.
Quality of pictures/recording and coverage of area depend on hardware configuration and may vary depending on physical location of actual installation place. Company will not be held responsible for quality of recording or pictures captured with the help of software as quality of pictures and storage space occupied on storage device is function of/dependent on the type of cameras and other device used.
This software is just one enabling tool to the support/security systems and in no way substitute to the entire security set up which may be considered necessary by the user or legally required by statutory authorities. Company is not responsible in case of theft, loss or misuse of software or does not give any guarantee against such acts and deeds/actions and consequent damage or losses thereof as reasonable measures by way of human intervention and intervention and timely and due intimation to concerned statutory authority under various prevailing law in concerned location is expected by user.
CD version software needs registration after installation. Please visit and accept license terms at www.multiiconindia.com/terms
RETURN & REFUND POLICY
Paid amount towards the software cost will not be returned and/or refunded at any circumstances.
I have read and understood this agreement and agree to be bound by and abide to this agreement.
For any further queries on this policy, you may get in touch with Multiicon at following
205, Rumi Plaza, Air Port Road, Near Race Course Ring Road, Rajkot – 360001, India.
Phone : 91-281-3049107
Email id: email@example.com