End User License Agreement (EULA)
THIS AGREEMENT is made by and between: ALPHA E BARCODE SOLUTIONS PVT. LTD.., a company having its principal place of business located at Ahmedabad, Gujarat. (the "FIRST PART"); - and - an individual ("HERE IN AFTER CALLED SECOND PART ").
This License Agreement details the policy for license of Alpha E Barcode Solutions Pvt. Ltd., for range of products ("Licensed Software")
Please read the following license carefully, before installing the Licensed Software from media that was delivered after being ordered by alternative order process, as applicable. You acknowledge that you have read this License Agreement, have understood it, and agree to be bound by its terms. If you do not agree to the terms and conditions of this Agreement, do not install or use our software product.
“Affiliate” shall mean any business entity from time to time controlling, controlled by, or under common control with, either party.
“Software Product” shall mean the Alpha E Barcode Solutions Pvt. Ltd. software(s) and corresponding documentation, associated media, printed materials, and online or electronic documentation. Any updates to such Software Product, which you are entitled to receive, and that has been provided to you by Alpha E Barcode Solutions Pvt. Ltd., shall also mean Software Product for the purpose of this Agreement.
The Software Product licensed herein is protected by copyright and other intellectual property laws and treaties. Alpha E Barcode Solutions Pvt. Ltd. or its suppliers own the title, copyright, and other intellectual property rights in the Software Product and reserve all rights not granted to you. The Software Product is licensed to you, not sold and you acknowledge that no title or ownership in the Software Product is being transferred or assigned and this license is not to be construed as a sale of any rights in the Software Product. Under no circumstances, shall you enable or allow a third party to use the Software Product for remuneration of any kind.
ALPHA E BARCODE SOLUTIONS PVT. LTD., GSOFT, JSOFT, ALPHA EXTREME, the ALPHA E BARCODE SOLUTIONS PVT. LTD. LOGO, the GSOFT LOGO, the JSOFT LOGO and the ALPHA EXTREME LOGO are trademarks of Alpha E Barcode Solutions Pvt. Ltd., and may be registered or pending registration in several jurisdictions.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not
End User is required to activate the license granted herein in the manner described during the setup sequence of the Software Product. You can activate the Software Product through the use of the Internet or telephone. You may also need to reactivate the Software Product if You modify your computer hardware or alter the Software Product. There are technological measures in the Software Product that are designed to prevent unlicensed or illegal use of the Software Product. You agree that we may use those measures. To avail the Alpha E Barcode Solutions Pvt. Ltd. Services, AMC is mandatory. Alpha E Barcode Solutions Pvt. Ltd. specifically excludes upgrades from the AMC program. Upgrade to the Licensed Software will be provided upon payment of an Upgrade License Fee in accordance with Alpha E Barcode Solutions Pvt. Ltd. current pricing policy.
Alpha E Barcode Solutions Pvt. Ltd. warrants that, for a period of one (1) year from the date of delivery of the Software Product to You, the Software Product will perform substantially in accordance with the accompanying user manual, and the media on which the Software Product resides will be free from defects in materials and workmanship under normal use. ALPHA E BARCODE SOLUTIONS PVT. LTD. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE PRODUCT WILL MEET THE END USER'S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE PRODUCT WILL BE ERROR FREE OR UNINTERRUPTED. Alpha E Barcode Solutions Pvt. Ltd. entire liability and the End User's exclusive remedy under this Limited Warranty provision shall be, at Alpha E Barcode Solutions Pvt. Ltd. sole option, either (a) refund of the price paid for the Software Product, or (b) repair or replacement of the portions of the Software Product that do not comply with this limited warranty.
ALL OTHER WARRANTIES – REPRESENTATIONS, TERMS AND CONDITIONS (STATUTORY, EXPRESS, IMPLIED OR OTHERWISE) AS TO QUALITY, CONDITION, DESCRIPTION, MERCHANT ABILITY OR FITNESS FOR PURPOSE (EXCEPT FOR THE IMPLIED WARRANTY OF TITLE) ARE HEREBY EXPRESSLY EXCLUDED.
Protection and Security
End User agrees to use its best efforts and to take all reasonable steps to safeguard the Software Product to ensure that no unauthorized person shall have access thereto and that no unauthorized copy, publication, disclosure or distribution in whole or in part, in any form, shall be made. You acknowledge that the Software Product contains valuable confidential information and trade secrets and that unauthorized use and copying are harmful to Alpha E Barcode Solutions Pvt. Ltd.
This License is effective until terminated. This License will terminate immediately without notice from Alpha E Barcode Solutions Pvt. Ltd. if the End User fails to comply with any of its provisions. Upon termination, the End User must destroy the software and all copies thereof, and the End User may terminate this License at any time by doing so. Alpha E Barcode Solutions Pvt. Ltd. will not have any obligation upon termination of the Agreement. Alpha E Barcode Solutions Pvt. Ltd. may terminate any Licenses granted for demonstration purposes at any time, without prior notice.
Limitation of Liability
Alpha E Barcode Solutions Pvt. Ltd. shall have no liability in respect of any defect in the Software Product arising from: specifications or materials supplied by you; your wilful damage or negligence or that of your employees or agents or that of your Affiliates’ Representatives; abnormal working conditions at your or your Affiliates’ premises; failure to follow Alpha E Barcode Solutions Pvt. Ltd. instructions (whether oral or in writing); misuse of the Software Product or alteration or repair of the Software Product without Alpha E Barcode Solutions Pvt. Ltd. approval; if the total price for the Software Product has not been paid to Alpha E Barcode Solutions Pvt. Ltd.; accident, abuse, or misapplication; products or equipment not specified by Alpha E Barcode Solutions Pvt. Ltd. as being compatible with the Software Product; or if Alpha E Barcode Solutions Pvt. Ltd. has not been notified in writing of the defect within the applicable warranty period.
Alpha E Barcode Solutions Pvt. Ltd. shall not be liable for, and the End User agrees to defend, indemnify and hold Alpha E Barcode Solutions Pvt. Ltd. harmless from and against, all claims, liabilities, damages or expenses directly or indirectly arising out of the use of specific security device(s) that connect to the Software Product and designated by Alpha E Barcode Solutions Pvt. Ltd. as presenting cyber-security risks.
IN NO EVENT SHALL ALPHA E BARCODE SOLUTIONS PVT. LTD. BE LIABLE UNDER ANY THEORY OF CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND, FROM ANY CAUSE ARISING OUT OF THE SALE, INSTALLATION, USE OR INABILITY TO USE THE SOFTWARE PRODUCT OR ANY OTHER PRODUCT OR SERVICE, EVEN IF ALPHA E BARCODE SOLUTIONS PVT. LTD. HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST BUSINESS REVENUE, LOST GOODWILL, BUSINESS INTERRUPTION, OTHER ECONOMIC LOSS OR ANY LOSS OF RECORDED DATA.
Alpha E Barcode Solutions Pvt. Ltd. shall not be bound by any representations or statements on the part of its employees or agents whether oral or in writing including those made in catalogues and other promotional material, other than those made in valid contractual documents duly signed by its lawfully authorized representatives.