End User License Agreement
With respect to this license purchase, User (LICENSEE) gives consent and accepts the following terms of this End User License Agreement:
Aravinthraajan Energy Systems Private Limited (AESPL) provides software and services on a licensed or subscription basis. Rights to install, access, or otherwise use AESPL software and services (including free software or services) are limited to this license and services entitlements expressly granted by AESPL and are subject to acceptance of and compliance with all terms and conditions of this Agreement.
1. License Grant
Subject to the terms and conditions of this Agreement, AESPL hereby grants to Licensee a non-transferable, non-exclusive, non-sublicensable license to use the Software and Documentation at this designated Site or Single Computer where the software is getting installed.
2. Data Usage and Privacy
a. The LICENSEE acknowledges that the software may collect and process data for its proper functioning. AESPL shall handle such data in accordance with its Privacy Policy, which is hereby incorporated into this Agreement by reference.
b. The LICENSEE agrees to provide accurate and complete information when required by the software. The LICENSEE also agrees not to use the software to collect or process any personally identifiable information without proper consent.
3. Data Validation
a. The LICENSEE acknowledges that AESPL may implement user validation mechanisms to ensure the security and proper use of the software. User validation may include, but is not limited to, account creation, authentication, and authorization processes.
b. The LICENSEE agrees to provide accurate and up-to-date information during the user validation process. The LICENSEE is responsible for maintaining the confidentiality of their account credentials.
c. AESPL reserves the right to suspend or terminate the LICENSEE's access to the software if the LICENSEE fails to complete the user validation process or provides false information.
4. Software Restrictions
No part of the program(s) or manual(s) may be copied, distributed, transmitted, transcribed, stored in a retrieval system, or translated into any human or computer language in any form or by any means whatsoever, be it electronically, mechanically, magnetically, manually, or otherwise. Nor may it be disclosed to a third party without written permission from AESPL. The LICENSEE may take a security copy, which we recommend. License rights will be discontinued if the terms of payment are not respected.
5. Disclaimer of Warranty and Limitation of Liability and of Remedies
a. The software is provided on an "as is" basis without warranty of any kind. AESPL does not warrant, guarantee, or make any representations regarding the functionality of the software, any results obtained by the use of the software, and any software support provided by AESPL and their Agencies/Partners in terms of correctness, accuracy, reliability, usefulness, or otherwise. The LICENSEE is solely responsible for the selection of the software, for the installation of, use of, and results obtained from the software and software support received. Also excluded is any implied warranty by AESPL, such as merchantability, non-infringement, and fitness for a particular purpose.
b. In no event will AESPL be liable for indirect, consequential, incidental, or special damages including, but not limited to, lost profits and lost savings arising out of the use or inability to use the software, even if AESPL has been advised of the possibility of such damages or for any claim by the LICENSEE based on a third-party claim.
c. For any claim whatsoever related to the subject matter of this Agreement, AESPL's liability for actual damages, regardless of the form of action, shall be limited to the amount paid to AESPL for the license for the software that caused the damages or that is the subject matter of, or is directly related to, the cause of action.
d. The LICENSEE agrees to indemnify, defend, and hold harmless AESPL for liability arising out of any negligent act or omission of the LICENSEE, its employees, contractors, or agents with respect to the software.
e. No action, regardless of form, arising out of this Agreement, may be taken later than one year after the cause of action has arisen, except for breach of the provisions in article 1, for which four years shall apply.
6. Ownership and Intellectual Property Rights
a. AESPL owns all worldwide right, title, and interest in and to the Software and Documentation and all worldwide Intellectual Property Rights therein, whether or not the Software or Documentation is incorporated in or combined with any other product. LICENSEE shall not delete or in any manner alter the copyright, trademark, and other proprietary rights notices of AESPL appearing on the Software and Documentation as delivered to LICENSEE.
b. LICENSEE shall not reverse engineer, decompile, disassemble, or attempt to derive the source code of the software.
7. Governing Law
This Agreement shall in all respects be governed by and construed in accordance with the laws of the Republic of India.
8. Arbitration
Any dispute, controversy, or claim arising out of or relating to this agreement, or the breach, termination, or invalidity thereof, shall - unless it is settled by direct negotiation - be settled by arbitration in accordance with the arbitration rules established by the United Nations Commission on International Trade Law (UNCITRAL) in effect on the date of this agreement. The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English. The place of arbitration shall be Chennai, India. The parties shall be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of any such dispute.
9. Termination
AESPL reserves the right to terminate this Agreement and the LICENSEE's access to the software at any time, with or without cause.
10. Acceptance of Terms
The above license terms are an agreement between AESPL and LICENSEE. LICENSEE does not become a licensed user of, and is not authorized to use, the AESPL Software or Documentation unless and until LICENSEE has agreed to be bound by all of the above terms.