This Agreement governs the relationship between You, either an individual or a Legal Entity and Vishal Monpara, a private person. This Agreement sets the terms, rights, restrictions and obligations on using PramukhIME for Windows (hereinafter: The Software) created and owned by Vishal Monpara, as detailed herein
"Agreement Name" shall mean the name used to reference this Agreement in any context, which is "PramukhIME for Windows License Agreement" or "PramukhIME for Windows License".
"Software" shall mean the copyrighted material owned by Vishal Monpara, subject to the terms of this License. The Software is publicly, uniquely, and in its entirety recognizable by the "PramukhIME for Windows" name ("Software Name").
"Software Release" or "Release" shall mean a set of files distributed by Vishal Monpara, or anyone authorized to distribute it, that represents the Software. A Release is uniquely identified by the Software Name and a code. Such code is generally referenced as the Software version or revision number, or a combination of both.
"Release Date" shall mean the day that Vishal Monpara started distributing a Release.
"Website" shall mean a website (i) owned by You, or (ii) produced by You and to which the owner grants You the permission to act on behalf of the owner and on which You, under terms of this Agreement intend to manage its content. For the purpose of this Agreement Website shall mean (i) collection of internet or intranet pages placed in a computer server-based file archive so that is available for the public or internal viewing by the Website's visitors. A website used for SaaS distribution is not a valid Website for the purposes of this Agreement.
"Application" shall mean a single software component (i) owned by You, or (ii) to which the owner grants You the permission to act on behalf of the owner. For the purpose of this Agreement Application shall be (i) a set of mathematical codes, programmes, routines, and other functions that control the functioning and operation of a computer's hardware and (ii) is utilized by You, your customers or contractors based on a predefined interaction plan between end users and Software Release and for the specific business process or processes which are not directly related to managing content on the Websites.
"Product" shall mean a single computer program or a SaaS (both a "Program"), a product (i) owned by You, or (ii) to which the owner grants You the permission to act on behalf of the owner for the purposes of this Agreement. A Program family or a group of Programs does not constitute a Product for the scope of this Agreement. A Program that goes in competition with the Software in the marketplace does not constitute a valid Product for the scope of this Agreement.
"Production Website" shall mean a Website with the Software installed, which already had Development Activities performed, and that has been delivered to end-users for production usage. Maintenance activities performed on Production Websites, excluding software development activities related to the Software, are not considered Development Activities.
"Hostname" shall mean a unique name by which a website is reachable in a network. This includes, but is not limited to, a website IP address. (For example, if a website is reachable by the Internet address "http://www.example.com/", the Hostname is "www.example.com".) Subdomains of a Hostname are considered different Hostnames.
"SaaS" shall mean software that is owned, delivered and managed remotely by You. Such software is based on one set of common code and data definitions that is consumed in a one-to-many model by all contracted customers at anytime on a pay-for-use basis or as a subscription based on use metrics.
"Development Server" shall mean a computer with one or more computer central processing units (CPU’s) that operates for the exclusive purpose of software development or software testing.
"Development Activity" shall mean the act of interacting with the Software or one of its Releases, in any number of Products owned or produced by You, with the intent of installation, customization, configuration, testing, documentation, or any other software development activity related to the Software.
"Developer" shall mean an authorized person designated by You to perform Development Activities.
"Employee" shall mean a person who is hired for a wage, salary, fee or payment to perform work for You. This includes the common understanding for employees and contractors.
"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control of that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
"Sublicense the Software" shall mean the distribution of the Software in a collective work assembled with the Product during the validity period of this Agreement. In the case of SaaS Products it shall mean each agreement or subscription entered with your customers.
"Effective Date" means the date on which the Legal Evidence is made effective.
"Support Expiration Date" means the last date on which you can request the support. This date is available in Legal Evidence.
"Upgrade Expiration Date" means the last date on which you can request the Software upgrade. This date is available in Legal Evidence.
"You" or "Licensee" (or "Your") shall mean an individual or a Legal Entity exercising permissions granted by the License and accepting this Agreement.
Vishal Monpara hereby grants You a Non-assignable & non-transferable, Perpetual, Royalty free, Without the rights to create derivative works, Non-exclusive license to use the Software in Website. This license does not allow You to use, reproduce, modify, sublicense and distribute a Software as embedded into single or many Applications or/and SaaS. This license does not allow You to use, reproduce, modify or distribute a Software as a software component of any of your commercial software products including those that are used by your customers.
You should carefully read the following terms and conditions before using, installing, copying, or distributing the Software. Unless otherwise agreed in writing by Vishal Monpara, your use, installation, copying, or distribution of the Software indicates your acceptance of this License.
You can use, install and copy the Software as provided in this Agreement. You may not rent, lease, loan, sublicense, reverse engineer, decompile, disassemble, or create derivative works based on the Software, in whole or in part, nor permit anyone else to do so.
All rights of any kind to the Software, which are not expressly granted by this Agreement, are entirely and exclusively reserved to and by Vishal Monpara. The Software is protected by applicable national and international laws and treaties.
Among others, following are some of the restrictions that may apply
Restrictions, or the absence of them, must be clearly specified in the Legal Evidence. Nonconformance with the restrictions constitutes a breach to this Agreement.
This agreement is valid for all Releases of the Software with Release Dates between the Effective Date and Upgrade Expiration Date ("Upgrade Period"). Vishal Monpara has no obligation to provide you any Release that is not released for general distribution to other licensees. Nothing in this Agreement shall be construed to obligate Vishal Monpara to provide additional Releases to You under any circumstances.
Software is provided under an AS-IS basis and without any support, updates or maintenance. Nothing in this Agreement shall require Vishal Monpara to provide You with support or fixes to any bug, failure, mis-performance or other defect in The Software.
The Term of this license shall be until terminated. Vishal Monpara may terminate this Agreement, including Your license in the case where You :
Vishal Monpara reserves all rights not expressly granted to You in this Agreement. The Software is protected by copyright and other intellectual property laws and treaties. Vishal Monpara owns the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold. This Agreement does not grant you any rights to the Software's trademarks or services.
With the exclusion of warranties explicitly mentioned in Warranty section, the Software and its related material are provided “AS IS” and without warranty of any kind. Vishal Monpara expressly disclaims all other warranties, expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VISHAL MONPARA BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT, AND EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In no event shall Vishal Monpara's liability exceed the license fee paid, if any.
This Agreement shall be construed and controlled by the laws of The United States of America (U.S.A.), and You and Vishal Monpara further consent to exclusive jurisdiction by the courts of U.S.A..
Licensee hereby warrants to hold Vishal Monpara harmless and indemnify Vishal Monpara for any lawsuit brought against it in regards to Licensee’s use of The Software in means that violate, breach or otherwise circumvent this license, Vishal Monpara's intellectual property rights or Vishal Monpara's title in The Software. Vishal Monpara shall promptly notify Licensee in case of such legal action and request Licensee’s consent prior to any settlement in relation to such lawsuit or claim.
END OF AGREEMENT TERMS