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-====== End User License Agreement and Terms of Services ======
+====== TAD DESIGNER LITE END USER LICENSE AGREEMENT and TERMS OF USE ======
-This End User License Agreement and the Terms of Services (the “Agreement”) is a binding contract between you and Syncspace Solutions Pvt Ltd, a company incorporated under the Companies Act, 2013 having its registered office at B-501/502,The Great Eastern Summit, Plot No. 66, Sector 15,CBD Belapur, Navi Mumbai, 400614  (“Licensor”). For the purpose of this Agreement, “you” or “user” shall mean any natural or legal person who has agreed to accept the delivery of Software (defined below) and use of Services (defined below). If you are agreeing to this Agreement not as an individual but on behalf of your company, employer or third party then “you” or “user” means your company, employer or such third party and you are binding your company, employer or such third party to this Agreement.
+//TAD License Version 1.01 Jan 18, 2020  All rights reserved. (c) Sabu Francis- 1989-2020//
-Licensor may modify this Agreement from time to time.
+. This is the end user license agreement and terms of use, for the software known as "TAD Designer Lite" and its associated websites. Hereafter the term "this Software" or by its shorter form; "TAD" would refer to TAD Designer Lite of the versions specified herein and/or its associated websites.
-For the purpose of this Agreement, “Software” means Licensor’s software product, namely____________(in object code format only) delivered to you together with any update or upgrade, when and if made available to you by the Licensor. Software does not include Third-Party Software. “Third-Party Software” means the software of certain third parties that the Licensor may deliver with the Software, including but not limited to any third-party open source components. “Services” means various services to which the Licensor provides users with access, including without limitation ________________.
+. The term "anonymous person" is used here to mean a person whose identity is not known to you or a person who can download some data belonging to you and also has the potential to keep his/her identity hidden from you at the time of downloading such data.
-BY CLICKING ON THE “I AGREE” (OR SIMILAR BUTTON) OR BY DOWNLOADING AND USING THE SOFTWARE AND THE SERVICES, YOU INDICATE YOU ASSENT TO THE FOLLOWING TERMS OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THIS AGREEEMENT, DO NOT USE OR ACCESS THE SERVICES.
+. The copyright of this software belongs solely to Sabu Francis, resident of Navi Mumbai, Maharashtra, India. All rights, title and interest in and to all copies of this software, including; but not limited to, intellectual property rights and trademark remains with Sabu Francis, resident of Navi Mumbai, India.
-"Licensor", "we", "us" and "our" shall mean Syncspace Solutions Pvt Ltd.
+. There are several versions of this software and this license is for all the versions between 6.0.0.0 to 7.0.0.0 This license does not cover any other versions of this software after version 7.0.0.0.  All earlier versions of this software would be bound by this license.
-This Agreement includes our Privacy Policy, Acceptable User Policy, and any other referenced policies and attachments.
-. LICENSE
+. There are two websites that are forms part of this software. One is at teamtad.com and the other is at tad.in.net This license covers information in both these websites, including all their subdomains. These sites are collectively referred as TADWEBSITES.
-.1 Subject to the terms and conditions of this Agreement, the Licensor hereby grants you a limited, non-                exclusive, non-transferable, non-sublicensable license to use the Services and to install and use the Software supplied to you hereunder, as installed on your personal computer, including your laptop, desktop solely for the purpose of accessing the Service as and in the manner permitted by these terms.
+. In future more websites may be added to to this list of websites that constitute TADWEBSITES.
-.2 You understand that the Software is made available in a pre-release or beta version (“Beta Versions”) and is still under development. Therefore, the Software may be inoperable or incomplete and is likely to contain more errors and bugs than generally available software. Licensor make no representation that the Beta Versions will ever be made generally available. All information regarding the characteristics, features or performance of Beta Versions constitutes Licensor’s Confidential Information. To the maximum extent permitted by applicable law, we disclaim all obligations or liabilities with respect to the Beta Version, including any support and maintenance, warranty, and indemnity obligations.
+. You are free to download it from the appropriate website from the TADWEBSITES. Registration at one of the suitable TADWEBSITES is mandatory for using this software -- without registration, this software will not work. Registration is free for this software and can be carried either before or after installing the software.
-.3 The Licensor grants you the right to redistribute the Software and the Services, subject to the distributions is limited or granted only to an individual and not to any entity or artificial person or organisation. Further, such distribution shall be free of cost and the contact records of such individual, to whom the license is distributed, shall be shared with Licensor.
+. Your email address is mandatory for registration. Occasional email newsletters would be sent to your email address -- and you can opt-out such newsletters if you so wish.
-.4 You agree and acknowledge that the distribution per Section 1.3 above, shall be per the terms and conditions of this Agreement. You shall indemnify, hold harmless, and defend the Licensor from and against any claims or lawsuits, including attorneys' fees, which arise from use, reproduction, or distribution of the Software and the Services.
+. You can use this software as per the conditions described in this license agreement. Do not use this Software if you have not read this agreement in its entirety and/or have not agreed to the conditions mentioned herein.
-. ACCOUNT REGISTRATION
+. This Software is copyrighted and protected by the laws of the India and other countries, and international treaty provisions. Sabu Francis may make changes to the Software, or to items referenced therein, at any time without notice, but is not obligated to support or update the Software. Except as otherwise expressly provided, Sabu Francis grants no express or implied right under Sabu Francis's or any of his representatives' patents, copyrights, trademarks, or other intellectual property rights. You agree that you will take no action that might jeopardize, limit, or interfere in any way with Sabu Francis's or his appointed representatives' ownership or other rights regarding this Software.
-You must register for an account in order to install the Software and access the Services. Any registration information that you provide to us must be accurate, current and complete. You must also update your information so that we may send notices, statements and other information to you by email or through your account. You are responsible for all actions taken through your accounts. You shall be responsible for ensuring the security and confidentiality of the user names and passwords provided upon the registration.
+. This Software is NOT in the public domain. This Software is technically a Freeware (also called gratis Software or "free as in beer" Software). A freeware is a computer Software which:
-. LICENSE RESTRICTIONS
+a) is made available free of charge and
+b) is not necessarily free to be used, copied, studied, modified and redistributed. In short; there are "restrictions" in its usage.
-.1 You shall not conduct any business or activity or solicit the performance of any activity that is prohibited by law, tort, or interferes upon the use of Licensor’s system by other Licensees.
+. The "restrictions" on the usage and distribution of this software referred to in this license are explained in detail, in common language in appendices at the end of this license, along with examples of use.
-.2 You shall not distribute, disassemble, decompile or reverse engineer or otherwise attempt to derive the source code of the Software or permit or encourage any third party, including its subsidiaries and affiliates, to do so.
+. Subject to the terms of this license Agreement, Sabu Francis hereby grants you a revocable, non-exclusive, non-transferable license to copy this Software onto a single computer for your personal use and to make one back-up copy of the Software, provided that any and all copies made must contain all of the original and unmodified proprietary notices, including, but not limited to, this License Agreement.
-.3 You shall not permit any third party to access the Software or Services, except as expressly provided in this Agreement.
+. This software should not be distributed by anyone other than Sabu Francis and/or his appointed representatives and/or legal entities who has made separate agreement with Sabu Francis. However, you can give the software exactly the way you had downloaded it to any individual person whose identity you know, one person at a time. This software cannot be bundled either in full or in part, in any other Software without prior written permission from Sabu Francis.
-.4 You shall not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of the Licensor, their directors, officers, representatives, employees or permitted assigns by accessing the Services;
+. The data produced by this software belongs only to you. Even if the data gets distributed to others, the copyrights of such data would still belong to you. There are several TADWEBSITES available for the exchange of the files that you produce to others, provided you have explicitly permitted such an exchange for your data.
-.5 You shall not publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing,  obscene, indecent or unlawful topic, name, material or information while accessing the Services;
+. There are no restrictions for using this software. There are selective restrictions when you distribute some of the files you produce in this software. Distribution to one or more anonymous person(s) should only be done via one of the appropriate TADWEBSITES.
-.6 You shall not access, send, receive, display, disclose, or store any content in violation of any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right or in violation of any applicable agreement, or without authorization;
+If a file produced in this software by you is distributed to a person or entity known to you at least 14 days prior to the distribution, then this clause does not apply.
-.7 You shall not try to hack, crash, sabotage the Software or the Services.
+. The data that originated from your usage of this software, and is then placed on the aforementioned distribution TADWEBSITES would belong solely to you. Your data will not be sold commercially or distributed free without your explicit knowledge and agreement from you.
-.8 You shall not allow third parties to access or use the Software or Services, including without limitation any use in any application service provider environment, service bureau, or time-sharing arrangements.
+. You cannot use any website other than one of the TADWEBSITES, to commercially sell the data produced by this software to anonymous persons.
-.9 You shall not sell, resell, rent or lease the Software or the Services.
+. If the data is directly used for an architectural project that you and/or your architectural office does, then the aforesaid clause does not apply. However, users are encouraged to distribute their work -- even for private commercial use -- through one of the TADWEBSITES
-.10 You shall not adapt, alter, publicly display, publicly perform, translate, embed into any other product, or otherwise create derivative works of, or otherwise modify the Software or Services.
+. You agree to indemnify and hold Sabu Francis, his successors, assigns, subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your failure to comply with this Agreement or your violation of any law or the rights of any third party.
-.11 You shall not use the Software or the Services in any manner to assist or take part in the development, marketing, or sale of a product potentially competitive with the Software or the Services.
+. (a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof; (b) this Agreement may be amended by Sabu Francis at any time upon written notice of the revised terms hereof; (c) this Agreement and any dispute arising out of it shall be governed by the laws of the Maharashtra, INDIA, excluding its principles of conflicts of law; (d) unless otherwise agreed in writing, all disputes relating to this Agreement (excepting any dispute relating to intellectual property rights) shall be subject to final and binding arbitration in Mumbai. Maharashtra INDIA, with the losing party paying all costs of arbitration; (e) the parties hereby consent to the personal jurisdiction of, and agree that any legal proceeding with respect to or arising under this Agreement or necessary to protect the rights or property of that party pending the completion of arbitration will be brought in the state or federal courts sitting in the State of Maharashtra; (f) this Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods; (g) if any provision in this Agreement should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect; (h) a waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof; (i) the provisions of this Agreement that require or contemplate performance after the expiration or termination of this Agreement shall be enforceable notwithstanding said expiration or termination; (j) this Agreement shall be binding upon and shall inure to the benefit of the parties, their successors, and assigns; (k) neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay), or interruption of service resulting directly or indirectly from any cause beyond its reasonable control, and; (l) if any dispute arises under this Agreement, the prevailing party shall be reimbursed by the other party for any and all legal fees and costs associated therewith.
-.12 You shall not reveal to any third party any benchmark results comparing any part of the Software or the Services with any potentially competing product;
+. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. SABU FRANCIS DOES NOT WARRANT THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS-FREE, OR THAT ANY DEFECT IN THE SOFTWARE WILL BE CORRECTED. SABU FRANCIS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY OF NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT, AND NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL SABU FRANCIS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF SABU FRANCIS HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. YOU ALSO AGREE THAT SABU FRANCIS'S ENTIRE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CLAIM OR DEMAND ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED, IN THE AGGREGATE, THE SUM OF THE FEE YOU PAID FOR THE PRODUCT (IF ANY), WITH THE SOLE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF SABU FRANCIS, TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF SUCH DAMAGES.
-.13 You shall not interfere with or disrupt the integrity and performance of the Software or third-party data contained therein.
-.14 You shall not copy any features, functions or graphics of the Software or the Services.
+. This Software may include freeware and/or public domain Software and/or open source Software from third parties that has suitable bundling license. We have taken reasonable care to ensure that we can distribute such said utilities and they are included in the distribution only for convenience. We do not provide support for those utilities and neither do we claim that those utilities are mandatory for using our Software. Wherever appropriate, these Software and/or standards are separately acknowledged in this license document.
-.15 You shall not engage in any other activity deemed by Licensor to be in conflict with the spirit or intent of this Agreement.
+. This Agreement shall be effective unless and until terminated by Sabu Francis.  He may, without prejudice to any other rights under this Agreement or applicable law, terminate the license granted in this Agreement at any time without notice to you if you fail to comply with any of the terms and conditions of this Agreement.
+. If this licensing terms change, Sabu Francis would use the principle of 'best effort' to ensure that all the registered users of this software is informed either on some appropriate TADWEBSITES and/or the following social media sites: Facebook, Twitter and LinkedIn.
-. YOUR OBLIGATIONS FOR USE OF THE SERVICES
-.1 Use and access to the Services is based on you obtaining and maintaining access to the internet, and all equipment necessary for proper operation of the Services. You are required to maintain and use the user names and passwords issued by Licensor for the access and use of the Services.
+=== Appendix I: Details===
-.2 Licensee shall use commercially reasonable efforts to prevent unauthorized access to, or use of, the Services and shall notify the Licensor immediately of any such unauthorized use or other known breach of security. Licensee shall report to Licensor immediately and use reasonable efforts to stop immediately any copying or distribution of the Services that is known or suspected by.
+There are no restrictions in using TAD Designer Lite other than these:
+a) This software can only be used after obtaining a registration at the one of the TADWEBSITES. This registration is available free for the stated versions in this license, and it does not require to reveal any of your personal details if you so wish; other than your own email address. If you do not wish to reveal the email address that you normally use, then we suggest you obtain an email address from a free site and use that instead.  One newsletter may be sent to the registered email address -- which you can unsubscribe from, if you so wish. The website will not send you spam or any other unsolicited information. Critical emails - that pertains to the security and other such matters -- may be sent.
+b) If you plan to keep a TAD model file created using your copy of this software for yourself; without revealing its contents to anyone else other than members directly working on your project, you are not obliged to us at all. Even if you do use the file for your commercial benefit you are not obliged to us. For e.g. You can use the file to create an architectural project.
+But if you to reveal the contents of the TAD file you've created to anyone else other yourself, AND such a person is an anonymous person or potentially anonymous person then you must place such a file at one of the TADWEBSITES (or any other site that we may announce from time to time) and transfer your files using the rules of that website.
+c) Do not reverse-engineer this Software and/or write something equivalent and/or attempt to patent parts/whole of this software. Why not join us instead, and work for the common good?
+d) If you are interested in advocating this Software please note that we only permit notifications on public website discussion boards and Wikis. Under no circumstances shall mass email (spam) be sent to anonymous users either by email or on USENET. You may email information on TAD to people whom you know and while informing them, kindly make them aware of this explanation in this license.
-.3 You shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services, including those related to data privacy, international communications and the transmission of technical or personal data and in accordance with Acceptable Use Policy. Licensor reserves the right to update such policy as set forth therein. Any use of the Services in violation of Licensor's Acceptable Use Policy shall be a material breach of this Agreement. Licensee agrees to defend, indemnify and hold Licensor harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys' fees) arising from Licensee’s violation of this Agreement, state or federal laws or regulations, or any third party's rights, including but not limited to infringement of any copyright, violation of any proprietary right and invasion of any privacy rights. This obligation will survive the termination of the Services.
+===Appendix II: Examples===
+a) Say you create a TAD model for a building, which you now want to sell to fellow architects who could use it as a case-study. That file must be sold only via the appropriate TADWEBSITES
+b) Say you create a TAD model for a building and you want to get it rendered from a service provider who will render it for you, then you should ideally export it to a renderable format (e.g. Renderman) and give the exported file to the rendering service. If you plan to give the TAD model itself to the rendering service, then it must be done via an appropriate TADWEBSITES
+c) Say you work in your office and you create a TAD model for designing your own or your clients project and you are not interested in revealing your design and/or relinquishing the copyrights to your work to anyone else. In such a case you are not obliged to us. You are then free to make private arrangements on how and where your file can be used for your own architectural works.
-.4 You will be solely responsible for providing all the data required for the proper operation of the Services. You shall have sole responsibility for the accuracy, quality, integrity, reliability, appropriateness, and intellectual property ownership or right to use of all data, including as outlined in Licensor’s Acceptable Use Policy. Licensor is under no obligation to review data for accuracy, acceptability or potential liability. You grant to the Licensor all necessary licenses in and to such data solely as necessary for the Licensor to provide the Services.
+We are only concerned with where you place the files you produce for anonymous distribution.  To put it simply: if the files are to be placed outside your own computers for access of others other than your own staff or your clients or your consultants -- all directly working on the same project; we would want you to route those files through a suitable site on TADWEBSITES
+d) Say you wrote some special tutorial for TAD and you now want to give that away or sell it to other users who you potentially do not know. You are allowed to do it only using TADWEBSITES if there was at least ONE TAD file in that tutorial. Note that you may not have not created the entire tutorial using TAD itself, but if the tutorial bundles at least one TAD file that you created in TAD, it qualifies for this rule
+e) If you created a TAD file that you want to distribute to your own staff working on a remote location using the Internet, you are NOT obliged to do it through our TADWEBSITES.
+f) If you liked TAD so much that you want to distribute it yourself to your friend, then just write an email to your friend asking him to visit the appropriate TADWEBSITE used for registration. You are allowed to distribute the setup program for TAD you had obtained for yourself, to your friend. However note that you may have obtained an older version than what is available on the appropriate TADWEBSITES and you are obliged to inform your friend of such a possibility
+g) If you are a developer of a Software which you feel you can bundle along with TAD, then you must first obtain written permission from Sabu Francis. You are not allowed to re-distribute TAD in any form either in whole or in any part, either bundled or standalone; on your own, on a CD, in a magazine, on your own website, or any other media that Internet makes avaialable
+===Appendix III: Additional Acknowledgements ===
+The RenderMan Interface Procedures and RIB Protocol are: Copyright 1988, 1989, Pixar. All rights reserved. RenderMan is a registered trademark of Pixar.
+"Design Workshop" is the trademark of Artifice Inc.
-. PAYMENT
-The access or use of Services and installation of Software are provided without any charge until the end of December 2015 (“Initial Period"). The Licensor reserves the right to charge installation or any service fees, at its own discretion, after the expiry of the Initial Period. You shall be charged with any fee, as may be specified by the Licensor, for any modification to the functionality of the Software or the Services, including any enhancements to the Software and the Services.
-. RATE LIMIT
-Your use of the Services for, creation of your projects, shall be restricted to a maximum of 4 (four) projects per day (“Rate Limit"), per the terms of this Agreement. The Licensor shall have the absolute right to discontinue your access of the Services in the event your usage of Services exceeds the Rate Limit. Reconnection of your access to the Services shall be at the discretion of the Licensor.
-We reserve our right to implement rate limits for usage of space, and other measurement yardsticks of usage -- such as access to our API (Application Programming Infomration) The same would be informed to you via our website.
-. PROPRIETARY RIGHTS
-.1 You acknowledge and agree that the Services and the Software, including without limitation the Software’s sequence, structure, organization, source code and applicable documentation contains valuable trade secrets and other intellectual property of the Licensor, its suppliers or its licensors and is considered Licensor’s confidential information. The Software and Services are licensed and not sold to you, and no title or ownership to such Software or Services or the intellectual property rights embodied therein passes as a result of this Agreement or any act pursuant to this Agreement. The Software and Services and all intellectual property rights therein are the exclusive property of the Licensor, its suppliers or its licensors, and all rights in and to the Software and Services not expressly granted to you in this Agreement are reserved. Licensor owns all copies of the Software, however made. Nothing in this Agreement will be deemed to grant, by implication, estoppel or otherwise, a license under any existing or future property of the Licensor, except to the extent necessary for users to use the Software or Services as expressly permitted under this Agreement.
-.2 The copyright, trademark, and other proprietary rights notices contained or incorporated in the Software or the Services may not be removed, altered, or added to in any way.
-. CONFIDENTIALITY
-.1 The Software and the Service provided under this Agreement contains valuable trade secrets and is the confidential information of the Licensor. You shall not disclose, provide or otherwise make available the Software or the Service to any third party, except as expressly granted under this Agreement.
-.2 You shall not reproduce or copy by any means the Software or the Services, except as reasonably required to accomplish the purpose of this Agreement.
-.3 You agree to use all commercially reasonable precautions to protect the confidentiality of the Software and the Service, and shall secure from all third parties having access to the Software or the Services, per the terms of this Agreement, commitment to maintain the Software and the Services in confidence.
-.4 You agree that under no circumstances the Licensor or its affiliates or subsidiaries shall be held responsible or liable for any loss, damage or harm caused due to reliance on information obtained from the Software or the Services.
-. THIRD PARTY SOFTWARE
-Third-Party Software is subject to separate terms and conditions provided by such Third-Party Software. The license restrictions contained in this Agreement do not apply to Third-Party Software to the extent they are inconsistent with such Third-Party Software terms. The Licensor shall not be responsible for any Third-Party Software.
-. TERM AND TERMINATION
-This Agreement will commence upon your download of the Software and/or your commencement of the Services and, unless earlier terminated as provided in this Section 9, will continue in perpetuity. 1) This Agreement may be terminated by the Licensor with a written notice of thirty (30) days to the user or 2) This Agreement will immediately terminate upon your breach of this Agreement, unless such breach is curable and is cured by you within 10 days from the date of notice of breach provided to you. Upon the termination of this Agreement, you will immediately but not later than 2 days from the date of termination, discontinue the use of the Services, promptly but not later than 2days from the date of termination destroy or have destroyed the Software and any copies thereof, and, upon request by Licensor, certify in writing, that such destruction has taken place. These remedies are cumulative and in addition to any other remedies available with the Licensor. Sections 3, 7, 8, 9, 10, 11, 12, 13 and 15, shall survive the termination of this Agreement.
-. INDEMNITY
-You will defend, indemnify and hold harmless the Licensor from and against any loss, cost, liability or damage, including attorneys’ fees, for which Licensor becomes liable arising from or relating to any claim relating to your data, including but not limited to any claim brought by a third party alleging that your data, or your use of the Services in breach of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law.
-. WARRANTY DISCLAIMER
-YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SOFTWARE AND THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE SOFTWARE AND THE SERVICES ARE PROVIDED ON "AS IS" AND “AS AVAILABLE” BASIS. LICENSOR, ITS SUBSIDIARIES AND AFFILIATES, DO NOT REPRESENT OR WARRANT TO THAT 1) YOUR USE OF THE SOFTWARE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, 2) YOUR USE OF THE SOFTWARE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERRORS, 3) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SOFTWARE OR THE SERVICES WILL BE ACCURATE OR RELIABLE. LICENSOR FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
-THE USER ACKNOWLEDGES AND AGREES THAT, THE SOFTWARE AND SERVICES ARE LIMITED AND PROVISIONAL. THE SERVICES CANNOT BE USED AN ARCHITECTURAL ADVICE OR REPORT AND THE SERVICES SHALL CANNOT BE USED TO BASE ANY CLAIM OR CREATE ANY CITED AS AUTHORITY FOR ARCHITECTURAL ADVICE.
-. LIMITATION OF LIABILITY
-IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, (INCLUDING WITHOUT LIMITATION DAMAGES FOR INTERRUPTION OF BUSINESS OR COMMUNICATION OR DELAY, LOST DATA, LOST PROFITS, OR THE LIKE) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES .
-IN NO EVENT WILL THE CUMULATIVE LIABILITY OF THE LICENSORS ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNT PAID TO LICENSOR IN RESPECT OF THE SOFTWARE GIVING RISE TO THE CLAIM OR IF NO FEES WERE PAID THEN ONE HUNDRED RUPEES. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN. THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THIS AGREEMENT BETWEEN YOU AND THE LICENSOR. LICENSOR WOULD NOT PROVIDE THE SOFTWARE AND THE SERVICES TO YOU ABSENT SUCH LIMITATION
-. ANTI-SPAM POLICY
-You are forbidden to transmit unsolicited commercial email (spam) by using the Software and the Services. Repeated violations or failures to comply with this anti-spam policy will result in termination of your access to the Software and the Services. You agree and acknowledge that, we shall not be held liable for any claim that may arise due to your violation of this anti-spam policy.
-. General Provisions:
-.1 This Agreement along with the privacy policy, acceptable user policy, anti-spam policy and other policies referred under this Agreement, constitutes the entire or sole legal agreement between you and Licensor and shall govern the use of the Software and the Services and shall supersede and prevail over any prior agreements, whether oral or written, regarding subject matter hereof.
-.2 If any court of law, having the jurisdiction to decide on this matter, rules that any provision contained under this Agreement is invalid, then that provision will be removed from the Agreement without affecting the rest of the Agreement. The remaining provisions of the Agreement will continue to be valid and enforceable.
-.3 Licensor shall have a right to assign this Agreement to its affiliates or any third parties at any time without notice to you.
-.4 This Agreement shall be governed exclusively by the laws of India without regard to its conflict of law provisions. The courts of law located within Navi Mumbai, India shall have the exclusive jurisdiction to resolve any dispute or discrepancies arising from this Agreement.
-.5 Any waivers and modifications must be in writing and signed by both parties. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
-.6 By registering your details with Licensor you agree that we may contact you with important information relating to the Software or the Services.
-.7 No agency, partnership, joint venture, or employment is created between you and the Licensor as a result of this Agreement, and you do not have any authority of any kind to bind Licensor in any respect whatsoever.
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