EasyManage.com : License Agreement IMPORTANT: READ THE TERMS OF THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING AND/OR USING THE SOFTWARE. EasyManage.com (also referred as "we", "our", "us", "EasyManage", "EASYMANAGE", "Company" in this document), is privately owned, and offers software products and services subject to the terms and conditions set forth in this license agreement ("License Agreement"). The software, which includes computer software, accompanying data, associated media, printed materials and electronic documentation as well as any updates and supplements to the original software (collectively, the "Software") is licensed to you (either individual or single entity) and your rights to use the Software are expressly limited to these terms. By downloading, opening the media package, installing, accessing, or otherwise using the software, you indicate your acceptance of the License Agreement. If you do not agree to the terms of the License Agreement, do not install or use the software. PROVISION OF THE SOFTWARE LICENSE AND SERVICE We reserve the right to grant or not to grant the software license and service to a prospective customer subject to all information supplied being correct and the corresponding fee has been paid. The Software products and Services are supplied for lawful purpose only and without any express or implied warranties save for those warranties implied or imposed by which cannot be excluded or restricted under Indian Law. Customer acknowledges, accepts and specifically declares that he is fully aware of the nature and terms of License Agreement and service. The customer shall be exclusively responsible for making arrangements for getting the necessary hardware and third party software at his end. It is explicitly agreed that EasyManage does not undertake any responsibility with regard to procuring, installing, maintaining the hardware and or software at the customer's end. License to Use You may install, use the software product solely for the internal use and subject to the terms of this agreement, including the definitions and rules set forth in the software documentation. The license is granted by the number of named users or the class of computer hardware or other parameters as described in License Definitions and Rules (which include the definition for both the licensing metric and term designation), for the term, for which the customer has purchased the license and corresponding fee has been paid. Ownership EasyManage retains all ownership and intellectual property rights to the software. The software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The software is licensed, not sold. Restrictions You may not make copies of Software or the printed materials accompanying the software, other than a single copy of Software for backup or archival purposes. Unless enforcement is prohibited by applicable law, you may not decompile, disassemble, or reverse engineer Software. Software is not designed or licensed for use in on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or in the design, construction, operation or maintenance of any nuclear facility, weapons systems, emergency medical systems & services. No right, title or interest in or to any trademark, service mark, logo or trade name of EasyManage or its licensors is granted under this Agreement. You may not disclose results of any software benchmark tests without EasyManage's prior written consent. The Software License is non-exclusive and non-transferable. You may not rent, lease, or lend the software. DISCLAIMER OF WARRANTY THE SOFTWARE IS PROVIDED ON AN "AS-IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. THE SOFTWARE MAY CONTAIN FAULTS, INACCURACIES OR ERRORS. EASYMANAGE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE SUITABILITY, USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE SOFTWARE. THE USE OF THE SOFTWARE SHOULD NOT BE RELIED UPON FOR PERSONAL, BUSINESS, LEGAL, FINANCIAL, MEDICAL OR OTHER DECISIONS AND YOU ARE URGED TO CONSULT THE APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE. EASYMANAGE MAKES NO WARRANTY THAT THE CONTENT OF THE SOFTWARE ARE FREE FROM INFECTION BY VIRUSES OR ANY OTHER COMPUTER GENERATED PROGRAMS WITH DESTRUCTIVE FEATURES LIMITATION OF LIABILITY IN NO EVENT SHALL EASYMANAGE , ITS AFFILIATES, LICENSORS, EMPLOYEES, AGENTS, OR CONTRACTORS, BE RESPONSIBLE OR LIABLE TO ANY PARTY FOR ANY ACTIONS, CIVIL, CRIMINAL, TORTUOUS AND OTHER ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR OTHER CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, DATA, SOFTWARE, PROFITS OR OTHERWISE, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SOFTWARE OR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR DUE TO THE CONTAMINATION OR DESTRUCTION OF DATABASE OR SYSTEM FUNCTIONING OF THE USER OR ANY PARTY CAUSED DUE TO THE TRANSMISSION OR INFECTION OF VIRUS AND PROGRAMS, IF ANY, FROM THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE EXPRESSLY NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SOFTWARE, OR WITH ANY OF OUR TERMS OF LICENSE AND SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE. In any case, EasyManage's entire liability under any provision of this License Agreement shall be limited to Indian Rupees (INR) 10.00. COPYRIGHT All title and copyrights in and to the software (including but not limited to any text, photographs, images, illustrations, profiles, audio clips, video clips incorporated into the software) the accompanying printed materials, and any copies of the software are owned by EasyManage or its suppliers. All title and intellectual property rights in and to the content that may be accessed through use of the software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This License Agreement grants you no rights to use such content. If this software contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. INDEMNIFICATION You agree to defend, indemnify and hold harmless EasyManage and/or its affiliated companies for any loss, damages, awards or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related in any way to your use of the software. Termination This Agreement is effective until terminated. You may terminate this Agreement at any time. This Agreement may be terminated immediately without notice by EasyManage if you fail to comply with the terms and conditions of this License Agreement. If the agreement is terminated, you must stop use and destroy all copies of the software. Support The support for use of software is available separately and if not procured, the software is supplied without support of any kind. Upgrades If the software is labeled as an upgrade, you must be posses a valid license to use base software eligible for the upgrade. Trial License If the license granted to you is Trial License, you may use the software for trial purposes only. You have 30 days from receipt of license to use software for evaluation and test. If you wish to use the software after the 30 day trial period, you must purchase a license for the software. If a license is not purchased after the 30 day trial period, you must stop use and destroy all copies of the software. The software licensed for trial purposes is provided on an "as-is" basis without warranty of any kind, either express or implied, and without support of any kind. --------------------------------------------------------------------------- License Definitions and Rules To fully understand license granted to you, review the definitions listed below for both the licensing metric and term designation. License metric is based on one or more of Named Users with given categories and numbers, a Named Product, or the machine Processor with its number, type, etc. Named User is an individual either your employee or temporary worker actively working for you, authorized and given access to use the software on one or more computers. Also a device or equipment accessing the software uniquely will be counted as a Named User. Named Users are categorized as below: o Developer [developer]: Is a Named User having Inbox and developer privileges along with application deployment provileges for self testing purposes, and excludes application deployment privileges for access by others. o Application (Owner) [application]: Is a Named User having Developer privileges and application development, maintenance and deployment privileges for access by other users. o Self App/Inbox Owner [selfapp]: Is a Named User having Inbox privilege to develop and use a self application module from within Inbox, but excludes application deployment privileges. o User AppOnly (Application User) [apponly]: Is a Named User having application use privileges only (for other's app) but no Inbox owner or developer privileges. Such user can not create any of his own objects like Folders, Tables, Forms, WP, etc. o Developer - Advanced [advanced]: Is a Named User as Developer, plus having Advanced User privileges such as SQL Extensions and EM Scripts. o Portal Owner [portal]: Is a Named User having privilege to develop a application portal, maintain it and deploy the portlets for access by other users. o Content Owner [content]: Is a Named User having privilege to develop a content services, maintain and deploy them for access by other users. Named Users Licensed Number The number of Named Users licensed for the software use. Named Product is a license which allows use of a particular product software on one computer. Named Products are categorized as below: o Suite - Combination of one or more products below. o Studio - Offers development environment. o Server - Provides runtime server components. o Content Services - Offers Content Services. o Portal - Allows deployment of application portals, portlets. o Business Integration - Offers Business integration and customization. o SDK - Software developer kit and web services generation tools. o Collaboration - Provides collaboration, collaborative applications. o Search Server - Enables Universal search, indexing. o Portal Plus - Offers advanced portal deployment features. o Hosting - Provides license for hosting the product on internet. Processor Based License is granted on the basis of the processor(s) of the machine where software is installed. The license is based on processor numbers, vendor, class, type, frequency, power, etc. Any additions to processors of the machine lateron will need license upgrade. Processor based license are for runtime Users category and exclude the Named User categories Developers and Owners, which needs to be procured as Named Users number separately. Basic License License type, number, term granted to you in a basic package. Additional License Add-On license metric and term designations to the basic package. Application Re-seller License Any individual or single entity licensed to develop applications using the software for re-selling purposes. All others strictly not allowed to re-sell the applications they develop using the software. Application Run-time License Any individual or single entity licensed to use applications provided by Re-sellers. Application Run-time License with Maintenance Option This option allows Application Run-time License users to make changes to the application purchased from re-seller for maintenance purposes. Application Hosting License License Option allowing you to provide internet hosting services for a period for the applications developed or purchased. Application Subscription Application use privileges subscribed by a Named User for the given period from the hosting services. The use privilege expires one day after the expiry date on application registration authorization. Term Designation If a term is not specified the software license will continue for an indefinite period, unless terminated as provided in the agreement. 30 Days Term A license specifying a 30 Days Term shall commence on the date of the grant and shall continue for a period of 30 Days. At the end of the 30 Days Term the license will terminate. 90 Days Term A license specifying a 90 Days Term shall commence on the date of the grant and shall continue for a period of 90 Days. At the end of the 90 Days Term the license will terminate. 180 Days Term A license specifying a 180 Days Term shall commence on the date of the grant and shall continue for a period of 180 Days. At the end of the 180 Days Term the license will terminate. 1 Year Term A license specifying a 1 Year Term shall commence on the date of the grant and shall continue for a period of 1 year. At the end of the 1 Year Term the license will terminate. Term (Hosting) A license specifying a Term (Hosting) designator shall be a term license that can be used for providing internet hosting services using the software. Otherwise the software is not licensed for hosting service provisions. --------------------------------------------------------------------------- THIRD PARTY SOFTWARE All third party software, that may be required to use our software should be bought by customer's directly. We will not be responsible for any losses or damages which may occur resulting from the use of any third party software. Any support that is needed has to be availed from the respective companies. MATTERS BEYOND OUR CONTROL If at anytime, during the continuance of the service, the performance in whole or in part, of any obligation under it shall be prevented or delayed by reason of war, hostility, Acts of the public enemy, civil commotion, sabotage, fire, flood, explosion, epidemic, quarantine restriction, strikes, lock out or Act of God etc., you will not have any claim for damages against us in respect of such non-performance or delay in performance of the Service. Jurisdiction These License Terms shall be governed by the laws of the State of Delaware, U.S.A., without regard to its choice of law provisions. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of Delaware for the purpose of resolving any dispute relating to Your use of the software. ARBITRATION In the event of any question, dispute or difference arising out of provisions of the software, the matter shall be communicating to us for resolution. In the event of a dispute or a disagreement under this Agreement, the parties will use their best efforts to resolve the dispute. In the event of such issue becoming a dispute, You and EasyManage both agree to resolve Disputes only by arbitration or in small claims court (for qualifying claims). The parties expressly agree that they are waiving their right to sue in court and that arbitration is the parties sole remedy to resolve disputes. Reservation of Rights ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED. Copyright (c) 2021 EasyManage.com All Rights Reserved