K7 COMPUTING PRIVATE LIMITED SOFTWARE LICENSE AGREEMENT

IMPORTANT:
PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE. K7 COMPUTING PRIVATE LIMITED ("K7 COMPUTING") IS LICENSING THE K7 COMPUTING SOFTWARE PRODUCT IDENTIFIED ABOVE WHICH INCLUDES COMPUTER SOFTWARE AND MAY INCLUDE ASSOCIATED MEDIA, PRINTED MATERIALS AND ONLINE OR ELECTRONIC DOCUMENTATION (‘SOFTWARE’) TO YOU (AN INDIVIDUAL / COMPANY OR THE LEGAL ENTITY THAT WILL BE UTILIZING THE SOFTWARE) (REFERENCED BELOW AS "YOU OR YOUR") ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT.

THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND K7 COMPUTING. BY PURCHASING THE SOFTWARE IN ANY MANNER OR OPENING THE SHRINK WRAP ON THE BOX OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This is a single copy software license granted by K7 Computing, licensed to you as an end user of the Software.

1. License:

The Software that accompanies this license is the property of K7 Computing and is protected by the Indian Copyright law. While K7 Computing continues to own the Software, you will have the right to use the Software in terms of this License Agreement. This license governs any releases, revisions, or enhancements to the Software that K7 Computing Private Limited may furnish to you unless k7 Computing provides a further list of terms and conditions along with such updated versions of the Software.

Your rights and obligations with respect to the use of this Software are as follows:
a. You may use this Software along with its license key only on as many computers as indicated on the product package.
b. You may make one copy of the Software for archival purposes, or copy the Software onto the hard disk of your computer and retain the original      for archival purposes. Such copy shall include al component parts, media, printed materials and this Agreement and if required by K7 Computing,      you shall obtain a certificate of authenticity for all such copies of the Software.
c. You may copy the printed documentation that accompanies the Software.
d. You may not sublicense, rent or lease any portion of the Software; you may not reverse engineer, decompile, disassemble, modify, translate,      attempt to discover the source code of the Software, or create derivative works from the Software.
e. You may not use the Software in any manner not authorized by this license.
f. K7 Computing reserves all rights not expressly granted to you under this License Agreement;
g. You may not disclose the results of any benchmark test of the Software to any third party without the prior written consent of K7 Computing.

2. Termination. Without prejudice to any other rights available in law and in equity, K7 Computing may cancel / terminate this Agreement if you do not abide by the terms and conditions of this Agreement, in which case you must destroy all copies of the Software and all of its component parts.

3. Data. You agree that K7 Computing and its affiliates may collect and use technical information you provide as a part of the support services related to the Software. K7 Computing agrees not to use this information in a form that personally identifies you.

4. Applicable Laws. You acknowledge that the Software is of Indian origin. You agree to comply with all national and International laws applicable to the Software including any end user, end use and destination restrictions if any applicable to the use of the Software.

5. Limited Warranty:‘K7 Computing Private Limited warrants that the media on which the Software is distributed will be free from defects for a period of thirty (30) days from the date of delivery of the Software to you. Your sole remedy in the event of a breach of this warranty will be that K7 Computing Private Limited will, at its option, replace any defective media returned to K7 Computing Private Limited within the warranty period.’

Any updates to the Software provided after expiry of the 30 days warranty period are not covered by any warranty or condition, express, implied or statutory.

K7 Computing Private Limited does not warrant that the Software will meet your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free. This limited warranty is void if failure has resulted from accident, abuse, misapplication, abnormal use of the Software or a virus. Any replacement (at the option of K7 Computing) will be warranted for the remainder of the original warranty period.

Except for the Limited Warranty and to the maximum extent permitted by applicable law, K7 Computing and its suppliers provide the Software AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses and of lack of negligence, in respect of the Software and the provision of or failure to provide support services.

THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.

6. Disclaimer of Damages:

UNDER NO CIRCUMSTANCES IS K7 COMPUTING LIABLE TO YOU FOR RECOVERY OF INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, OR TORT (INCLUDING NEGLIGENCE), ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE OF THE SOFTWARE INLCUDING 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 LOSS OF DATA OR PROFITS, EVEN IF K7 COMPUTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO CASE SHALL THE LIABILITY OF K7 COMPUTING PRIVATE LIMITED EXCEED THE PURCHASE PRICE FOR THE SOFTWARE.

7. Applicable Laws. This Agreement shall be governed and construed in accordance with the laws of India and you agree to submit yourself to the exclusive jurisdiction of the courts in India.

8. General:

This Agreement between you and K7 Computing Private Limited relating to the Software supercedes all prior or contemporaneous oral or written communications, proposals and representations with respect to its subject matter; and prevails over any conflicting or additional terms of any quote, order, acknowledgment or similar communications between the parties. This Agreement shall terminate upon your breach of any term contained herein and you shall cease use of and destroy all copies of the Software. The disclaimers of warranties and damages and limitations on liability shall survive termination. This Agreement may only be modified by a written document, which has been signed by both you and K7 Computing Private Limited.

Should you have any questions concerning this Agreement, or if you desire to contact K7 Computing Private Limited for any reason, please write to:

Registered Office:
K7 Computing Private Limited
14 North Mada Street, Srinagar Colony,
Saidapet, Chennai
India - PIN - 600 015

K7 Computing Private Limited
Rayala Techno Park, 6TH Floor,
144/7, Old Mahabalipuram Road
Kottivakkam, Chennai
India. PIN: 600 041
 


Telephone
Technical Support
Fax
Email
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: 91 - 44 - 6611 7777
: 91 - 44 - 6611 7799
: 91 - 44 - 2235 5921 / 91 - 44 - 6611 7788
: support@k7computing.com
: www.k7computing.com
 


Copyrights, trademarks and other intellectual property laws protect the Software. The title, copyrights, other intellectual property rights in the Software, trademarks for K7, K7 Computing, its products and logos are owned by K7 Computing Private Limited.

All other brand and product names are trademarks or registered trademarks of the suppliers of K7 Computing. The Software is licensed, not sold.

 
   
   
 
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