IMPORTANT LEGAL NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT BEFORE YOU START USING THE SOFTWARE.
BY CLICKING THE ACCEPT BUTTON IN THE LICENSE AGREEMENT WINDOW YOU CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. SUCH ACTION IS A SYMBOL OF YOUR SIGNATURE AND YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT AND AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, CANCEL THE INSTALLATION OF THE SOFTWARE AND DO NOT INSTALL THE SOFTWARE.
AFTER CLICKING THE ACCEPT BUTTON IN THE LICENSE AGREEMENT WINDOW YOU HAVE THE RIGHT TO USE THE SOFTWARE IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT.
OXYNGER TECHNOLOGIES OWN ALL INTELLECTUAL PROPERTY IN THE SOFTWARE. OXYNGER TECHNOLOGIES PERMITS YOU TO COPY, DOWNLOAD, INSTALL, USE ONLY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.
1.1. Software. As used in this Agreement the term "Software" means: only the Oxynger Technologies software program and corresponding dcumentation, associated media, printed materials, and online or electronic documentation. Any updates to such Software which you are entitled to receive and that has been provided to you by Oxynger Technologies shall also mean Software for purposes of this Agreement.
1.2. Rightsholder means Oxynger Technologies.
1.3. Computer - the operating system, virtual machine or hardware for which the Software is intended and/or on which the Software is to be installed and/or used.
1.4. Basic Edition of the Software means the version of the Software provided to users free of charge.
1.5. Premium Edition of the Software means the version of the Software with functionality available only after activation.
1.6. End User (You/Your) means individual(s) installing or using the Software on their own behalf or who are legally using a copy of the Software.
1.7. User Manual means user manual and related explanatory maerials.
Trial Version. If You are using the Premium Edition of the Software for evaluation purposes, You are entitled to use the Premium Edition of the Software only for evaluation purposes and only during the applicable evaluation period, starting from the date when the Premium Edition was first used. Any use of the Premium Edition of the Software for other purposes or beyond the applicable evaluation period is prohibited.
2.2. You are licensed to install and use both Installer and Portable versions of the Software.
2.3. Home users: You are licensed to install and use the Software on up to five Computers at a time as long as those computers are located in the same household (portables which are used primarily in this household are included) and used by persons who occupy that same household. By "household" we mean a person or persons sharing the same single family housing unit such as a home or apartment.
Business users: You are licensed to install and run one copy of the Software on one Computer for use by one person at a time.
3.1. The term of the License to use Basic Edition of the Software is indefinite ("Perpetual License").
3.2. The term of the License to use Premium Edition of the Software is indefinite ("Perpetual License") after the activation of Premium Edition.
3.3. If You modify Your Computer or make changes to other vendor's software installed on it, You may be required by the Rightsholder to repeat activation of the Software.
3.4. In the event of any breach by You of any of the terms and conditions of this License Agreement, the Rightsholder shall at any time without notice to You be entitled to withdraw the granted license to use the Software without refunding the purchase price or any part thereof.
4.1. You shall not emulate, clone, rent, lend, lease, sell, modify, decompile, or reverse engineer the Software or disassemble or create derivative works based on the Software or any portion thereof with the sole exception of a non-waivable right granted to You by applicable legislation, and you shall not otherwise reduce any part of the Software to human readable form or transfer the licensed Software, or any subset of the licensed Software, nor permit any third party to do so, except to the extent the foregoing restriction is expressly prohibited by applicable law. Neither Software's binary code nor source may be used or reverse engineered to re-create the program algorithm, which is proprietary. All rights not expressly granted herein are reserved by the Rightsholder. Any such unauthorized use of the Software shall result in immediate and automatic termination of this Agreement and the License granted hereunder and may result in criminal and/or civil prosecution against you.
4.2. You may not use the Software for any commercial purpose. The License is for use on the personal or business computers only.
4.3. The Rightsholder grants you a licence of the Software in its current version only. New features are added at the sole discretion of the Rightsholder. While minor updates may be made available on the website free of charge, nothing in this licence agreement guarantees such updates. Nothing in this agreement constitutes a promise about future features or versions of the Software.
5.1. While the Rightsholder ensures that the software is prepared meticulously and with utmost care, the Rightsholder does not rule out the possibility of any unexpected errors. This software, and all accompanying files, data and materials, are distributed "as is" and with no warranties of any kind, whether express or implied. The user must assume the entire risk of using this program. This disclaimer of warranty constitutes an essential part of the agreement. No advice or information, whether oral or written, obtained from the Rightsholder or elsewhere will create any warranty or condition not expressly stated in this agreement. The Rightsholder does not represent or Warrant that: (i) the software will meet your requirements or will be error free or that any errors will be corrected; (ii) the operation of the software will be uninterrupted; or (iii) the accuracy, timeliness, completeness, or adequacy of the software. Information provided through the software may be delayed, inaccurate, or contain errors or omissions, and the Rightsholder will have no liability with respect thereto. The Rightsholder may change or discontinue any aspect or feature of the software or the use of all or any features or technology in the software at any time without prior notice to you. Your only right or remedy with respect to any problems or dissatisfaction with the software is to uninstall and cease use of the software.
5.2. You are solely responsible for maintaining the confidentiality of your passwords, online accounts, access codes and credit card details in the course of using Software and for all activity that occurs by your use. The Rightsholder shall NOT be liable for any loss or damage arising from your failure to maintain confidentiality.
5.3. You acknowledge, accept and agree that no software is error free and you are advised to back-up the Computer, with frequency and reliability suitable for you.
The Products, Content and Content Updates are not fault-tolerant and are not designed or intended for use in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, life-support machines, or any other application in which the failure of the Products, Services, or Hardware could lead directly to death, personal injury, or severe physical or property damage (collectively, "High-Risk Activities"). The Rightsholder expressly disclaims any express or implied warranty of fitness for High-Risk Activities.
6.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RIGHTSHOLDER 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 LOSS OF PRIVACY, FOR CORRUPTION, DAMAGE AND LOSS OF DATA OR PROGRAMS, FOR FAILURE TO MEET ANY DUTY INCLUDING ANY STATUTORY DUTY, DUTY OF GOOD FAITH OR DUTY OF REASONABLE CARE, FOR NEGLIGENCE, FOR ECONOMIC LOSS, 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, OR ARISING OUT OF ANY BREACH OF CONTRACT OR ANY TORT (INCLUDING NEGLIGENCE, MISREPRESENTATION, ANY STRICT LIABILITY OBLIGATION OR DUTY), OR ANY BREACH OF STATUTORY DUTY, OR ANY BREACH OF WARRANTY OF THE RIGHTSHOLDER OR ANY OF ITS PARTNERS, EVEN IF THE RIGHTSHOLDER OR ANY PARTNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS ANY CLAIM FOR DEATH AND PERSONAL INJURY. FURTHER IN THE EVENT ANY DISCLAIMER, EXCLUSION OR LIMITATION IN THIS AGREEMENT CANNOT BE EXLUDED OR LIMITED ACCORDING TO APPLICABLE LAW THEN ONLY SUCH DISCLAIMER, EXCLUSION OR LIMITATION SHALL NOT APPLY TO YOU AND YOU CONTINUE TO BE BOUND BY ALL THE REMAINING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.
7.1. You agree that the Software and the authorship, systems, ideas, methods of operation, documentation and other information contained in the Software, are proprietary intellectual property and/or the valuable trade secrets of the Rightsholder and that the Rightsholder, is protected by copyright laws and international treaty provisions. This Agreement does not grant to you any rights to the intellectual property including any the Trademarks or Service Marks of the Rightsholder ("Trademarks"). You may use the Trademarks only insofar as to identify printed output produced by the Software in accordance with accepted trademark practice, including identification of the Trademark owner's name. Such use of any Trademark does not give you any rights of ownership in that Trademark. The Rightsholder and/or its partners own and retain all right, title, and interest in and to the Software, including without limitation any error corrections, enhancements, Updates or other modifications to the Software, whether made by the Rightsholder or any third party, and all copyrights, patents, trade secret rights, trademarks, and other intellectual property rights therein. Your possession, installation or use of the Software does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Software except as expressly set forth in this Agreement. All copies of the Software made hereunder must contain the same proprietary notices that appear on and in the Software. Except as stated herein, this Agreement does not grant you any intellectual property rights in the Software and you acknowledge that the License, as further defined herein, granted under this Agreement only provides you with a right of limited use under the terms and conditions of this Agreement. Rightsholder reserves all rights not expressly granted to you in this Agreement.
7.2. Oxynger KeyShield, Oxynger are trademarks and/or trade names owned by the Rightsholder. ANY UNAUTHORIZED USE OF THESE TRADEMARKS AND/OR TRADE NAMES OR ANY OTHER INTELLECTUAL PROPERTY OWNED BY THE RIGHTSHOLDER IS PROHIBITED.
7.3. You agree not to modify or alter the Software in any way. You may not remove or alter any copyright notices or other proprietary notices on any copies of the Software.
8.1. This Agreement will be governed by and construed in accordance with the laws of India. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Any dispute arising out of the interpretation or application of the terms of this Agreement or any breach thereof shall, unless it is settled by direct negotiation, be settled by in the District Court Kottayam, Kerala, India. Any award rendered by the arbitrator shall be final.
9.1. This Agreement is the entire agreement between you and the Rightsholder and supersedes any other prior agreements, proposals, communications or advertising, oral or written, with respect to the Software or to subject matter of this Agreement. You acknowledge that you have read this Agreement, understand it and agree to be bound by its terms. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable for any reason, in whole or in part, such provision will be more narrowly construed so that it becomes legal and enforceable, and the entire Agreement will not fail on account thereof and the balance of the Agreement will continue in full force and effect to the maximum extent permitted by law or equity while preserving, to the fullest extent possible, its original intent. No waiver of any provision or condition herein shall be valid unless in writing and signed by you and an authorized representative of the Rightsholder provided that no waiver of any breach of any provisions of this Agreement will constitute a waiver of any prior, concurrent or subsequent breach. The Rightsholder' failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.
Should you have any questions concerning this Agreement, or if you desire to contact the Rightsholder for any reason, please contact our Customer Service Department.
© 2020 Oxynger Technologies. All Rights Reserved. The Software and any accompanying documentation are copyrighted and protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.