Auto-Configure License and Subscription Service Agreement
The terms and conditions that follow set forth a legal agreement (“Agreement”) between you (either an individual or an entity), the end user, and JeeneDo Auto-Configure Pvt. Ltd., a company incorporated with its principal place of business at KD-47C, Ashok vihar Phase-I, New Delhi-110052, India ("JAPL"), relating to the computer software known as Auto-Configure. The term "Software" includes and these terms and conditions also apply to (i) any updates or upgrades to the Software that you may receive from time to time under a subscription service or other support arrangement, (ii) any add-in modules to the Auto-Configure software you may order and install from time to time. You may not load or use the Software in any computer or copy it without a license from JAPL. JAPL hereby offers you a non-exclusive license on the terms set out in this Agreement. You should carefully read these terms and conditions BEFORE opening the case that contains the Software or installing and using the Software. Opening the case containing the Software or installing and using the Software will signify your agreement to be bound by these terms and conditions. If you do not agree to these terms and conditions, promptly return the case containing the Software and the accompanying items (including written materials) for a refund. This is a license agreement and not an agreement for sale.
Grant of License. JAPL grants to you a nonexclusive, nontransferable license to use the Software and the printed and/or electronic user documentation (the "Documentation") accompanying the Software in accordance with this Agreement. If you have paid the license fee for a single-user license, this Agreement permits you to install and use one (1) copy of the Software on any single computer at any time (i.e., if you change computers, you must uninstall the Software from the old computer before installing it on the new computer) in the country in which you have your principal place of business or, if one of your branches has purchased the license from your reseller, in which this branch is located and, subject to applicable law or regulation, always provided that you have purchased the license from a JAPL reseller located in the country in which it will be used. This license may not be transferred to another country.
Security Mechanisms. JAPL takes all legal steps to eliminate piracy of its software products. In this context, the Software may include a security mechanism that can detect the installation or use of illegal copies of the Software, and collect and transmit data about those illegal copies. Data collected will not include any customer data created with the Software. By using the Software, you consent to such detection and collection of data, as well as its transmission and use if an illegal copy is detected. JAPL also reserves the right to use a hardware lock device, license administration software, and/or a license authorization key to control access to the Software. You may not take any steps to avoid or defeat the purpose of any such measures. Use of any Software without any required lock device or authorization key provided by JAPL is prohibited.
Ownership of the Software/Restrictions on Copying. JAPL or its licensors own and will retain all copyright, trademark, trade secret and other proprietary rights in and to the Software and the Documentation. THE SOFTWARE AND THE DOCUMENTATION ARE PROTECTED BY COPYRIGHT LAWS AND OTHER INTELLECTUAL PROPERTY LAWS. Each JAPL licensor is a third-party beneficiary of this Agreement. You obtain only such rights as are specifically provided in this Agreement. You may not remove from the Software or Documentation any copyright or other proprietary rights notice or any disclaimer, and you shall reproduce on all copies of the Software made in accordance with this Agreement, all such notices and disclaimers.
Subscription Service. If you purchase subscription service from your reseller for the Software you have licensed hereunder by paying the fee therefor, your reseller will provide you for such copy: 24 hour by 7 day/week on-line web access to "down-load" the latest updates to the Software; all major upgrades for the Software released during the subscription period; and telephone support services. From time to time, JAPL may re-distribute Microsoft software components as part of an update to the Software. You are eligible for such Microsoft components and warrant that you will install them only if you possess a validly licensed copy of the Microsoft products to which they relate. The term of this service runs for one (1) year. It may be renewed from year to year thereafter by paying the appropriate renewal fee. Software that is delivered as an upgrade or update to a previous version of the licensed Software must replace the previous version – no additional license is granted; you may install only such number of updates as equal the number of subscription service fees for which you have paid.
Privacy Policy. To obtain the Software, you may need to provide JAPL with certain information about yourself, including but not limited to your name and email address. JAPL may also query your computer during the installation process to determine information including the characteristics of the computer on which you will operate the Software, such as the video controller or operating system. This computer information is not correlated with your personal identification but is reviewed only in the aggregate and is used to comply with third-party licenses and to better understand the user base to improve the Software. As a condition of downloading and using the Software, you also agree to the terms of the JAPL privacy policy at http://www.auto-configure.com/privacy.htm, which may be updated from time to time without notice. Information collected by JAPL in connection with your registration for the Software may be stored and processed in the country in which JAPL or its agents maintain facilities. Accordingly, by using the Software, you consent to the transfer of such information outside of your country.
Term. The license granted herein will continue until it is terminated in accordance with this Article. JAPL may terminate the license granted herein immediately upon written notice to you (i) for justified cause, including, without limitation, breach of any provision of the Articles of this Agreement, or (ii) if you breach any provision of this Agreement and fail to cure such breach within fifteen (15) days of notice thereof. Upon the termination of the license, you will promptly return to JAPL or destroy all copies of the Software and Documentation covered by the license as instructed by JAPL.
Responsibility for Selection and Use of Software. You are responsible for the supervision, management and control of the use of the Software, and output of the Software, including, but not limited to: (1) selection of the Software to achieve your intended results; (2) determining the appropriate uses of the Software and the output of the Software in your business; (3) establishing adequate independent procedures for testing the accuracy of the Software and any output; and (4) establishing adequate backup to prevent the loss of data in the event of a Software malfunction. The Software is a tool that is intended to be used only by trained professionals. It is not to be a substitute for professional judgment or independent testing of physical prototypes for product stress, safety and utility; you are solely responsible for any results obtained from using the Software. Neither the Software nor any of its components are intended for use in the design or operation of nuclear facilities, life support systems, aircraft or other activities in which the failure of the Software or such components, or both, could lead to death, personal injury, or severe physical or environmental damage.
Shutdown Feature. You acknowledge and agree that the Software contains an automatic shutdown feature (the "Shutdown Feature") which if activated will render the Software inoperable. The Shutdown Feature will automatically activate thirty (30) days after the Software is installed unless an access code that overrides the Shutdown Feature ("Activation Code") is entered. To obtain your Registration Code, you must register with JAPL by providing JAPL electronically the information requested in the registration process. Upon receipt of the registration information, JAPL will issue you a Activation Code.
Compliance with Laws and Indemnity. You agree to comply with all local laws and regulations regarding the download, installation and/or use of the Software, the Documentation or both. You agree to hold harmless and indemnify JAPL and its subsidiaries, affiliates, officers and employees from and against any and all claims, suits or actions arising from or in any way related to your use of the Software and/or Documentation or your violation of this Agreement.
General Provisions. This Agreement is the complete and exclusive statement of your agreement with JAPL relating to the Software and subscription service and supersedes any other agreement, oral or written, or any other communications between you and JAPL relating to the Software and subscription service; provided, however, that this Agreement shall not supersede the terms of any signed agreement between you and JAPL relating to the Software and subscription service.
Grant of License. JAPL grants to you a nonexclusive, nontransferable license to use the Software and the printed and/or electronic user documentation (the "Documentation") accompanying the Software in accordance with this Agreement. If you have paid the license fee for a single-user license, this Agreement permits you to install and use one (1) copy of the Software on any single computer at any time (i.e., if you change computers, you must uninstall the Software from the old computer before installing it on the new computer) in the country in which you have your principal place of business or, if one of your branches has purchased the license from your reseller, in which this branch is located and, subject to applicable law or regulation, always provided that you have purchased the license from a JAPL reseller located in the country in which it will be used. This license may not be transferred to another country.
Security Mechanisms. JAPL takes all legal steps to eliminate piracy of its software products. In this context, the Software may include a security mechanism that can detect the installation or use of illegal copies of the Software, and collect and transmit data about those illegal copies. Data collected will not include any customer data created with the Software. By using the Software, you consent to such detection and collection of data, as well as its transmission and use if an illegal copy is detected. JAPL also reserves the right to use a hardware lock device, license administration software, and/or a license authorization key to control access to the Software. You may not take any steps to avoid or defeat the purpose of any such measures. Use of any Software without any required lock device or authorization key provided by JAPL is prohibited.
Ownership of the Software/Restrictions on Copying. JAPL or its licensors own and will retain all copyright, trademark, trade secret and other proprietary rights in and to the Software and the Documentation. THE SOFTWARE AND THE DOCUMENTATION ARE PROTECTED BY COPYRIGHT LAWS AND OTHER INTELLECTUAL PROPERTY LAWS. Each JAPL licensor is a third-party beneficiary of this Agreement. You obtain only such rights as are specifically provided in this Agreement. You may not remove from the Software or Documentation any copyright or other proprietary rights notice or any disclaimer, and you shall reproduce on all copies of the Software made in accordance with this Agreement, all such notices and disclaimers.
Subscription Service. If you purchase subscription service from your reseller for the Software you have licensed hereunder by paying the fee therefor, your reseller will provide you for such copy: 24 hour by 7 day/week on-line web access to "down-load" the latest updates to the Software; all major upgrades for the Software released during the subscription period; and telephone support services. From time to time, JAPL may re-distribute Microsoft software components as part of an update to the Software. You are eligible for such Microsoft components and warrant that you will install them only if you possess a validly licensed copy of the Microsoft products to which they relate. The term of this service runs for one (1) year. It may be renewed from year to year thereafter by paying the appropriate renewal fee. Software that is delivered as an upgrade or update to a previous version of the licensed Software must replace the previous version – no additional license is granted; you may install only such number of updates as equal the number of subscription service fees for which you have paid.
Privacy Policy. To obtain the Software, you may need to provide JAPL with certain information about yourself, including but not limited to your name and email address. JAPL may also query your computer during the installation process to determine information including the characteristics of the computer on which you will operate the Software, such as the video controller or operating system. This computer information is not correlated with your personal identification but is reviewed only in the aggregate and is used to comply with third-party licenses and to better understand the user base to improve the Software. As a condition of downloading and using the Software, you also agree to the terms of the JAPL privacy policy at http://www.auto-configure.com/privacy.htm, which may be updated from time to time without notice. Information collected by JAPL in connection with your registration for the Software may be stored and processed in the country in which JAPL or its agents maintain facilities. Accordingly, by using the Software, you consent to the transfer of such information outside of your country.
Term. The license granted herein will continue until it is terminated in accordance with this Article. JAPL may terminate the license granted herein immediately upon written notice to you (i) for justified cause, including, without limitation, breach of any provision of the Articles of this Agreement, or (ii) if you breach any provision of this Agreement and fail to cure such breach within fifteen (15) days of notice thereof. Upon the termination of the license, you will promptly return to JAPL or destroy all copies of the Software and Documentation covered by the license as instructed by JAPL.
Responsibility for Selection and Use of Software. You are responsible for the supervision, management and control of the use of the Software, and output of the Software, including, but not limited to: (1) selection of the Software to achieve your intended results; (2) determining the appropriate uses of the Software and the output of the Software in your business; (3) establishing adequate independent procedures for testing the accuracy of the Software and any output; and (4) establishing adequate backup to prevent the loss of data in the event of a Software malfunction. The Software is a tool that is intended to be used only by trained professionals. It is not to be a substitute for professional judgment or independent testing of physical prototypes for product stress, safety and utility; you are solely responsible for any results obtained from using the Software. Neither the Software nor any of its components are intended for use in the design or operation of nuclear facilities, life support systems, aircraft or other activities in which the failure of the Software or such components, or both, could lead to death, personal injury, or severe physical or environmental damage.
Shutdown Feature. You acknowledge and agree that the Software contains an automatic shutdown feature (the "Shutdown Feature") which if activated will render the Software inoperable. The Shutdown Feature will automatically activate thirty (30) days after the Software is installed unless an access code that overrides the Shutdown Feature ("Activation Code") is entered. To obtain your Registration Code, you must register with JAPL by providing JAPL electronically the information requested in the registration process. Upon receipt of the registration information, JAPL will issue you a Activation Code.
Compliance with Laws and Indemnity. You agree to comply with all local laws and regulations regarding the download, installation and/or use of the Software, the Documentation or both. You agree to hold harmless and indemnify JAPL and its subsidiaries, affiliates, officers and employees from and against any and all claims, suits or actions arising from or in any way related to your use of the Software and/or Documentation or your violation of this Agreement.
General Provisions. This Agreement is the complete and exclusive statement of your agreement with JAPL relating to the Software and subscription service and supersedes any other agreement, oral or written, or any other communications between you and JAPL relating to the Software and subscription service; provided, however, that this Agreement shall not supersede the terms of any signed agreement between you and JAPL relating to the Software and subscription service.