End User Licence Agreement (EULA)
End User Licence Agreement (EULA)
End-User Licence Agreement is a Legal Agreement between you (Either an Individual or an Entity) and Safecode Technologies India Private Limited (Safecode). End-User Licence Agreement Supersedes any Prior Version License and governs your use of the Software. By Installing, Copying, or Otherwise using Safecode Products, You Accept the Terms of the End-User Licence Agreement. Safecode Software License Agreement includes a Binding Arbitration Clause and class Action Waiver. It affects your Rights to Resolve a Dispute with Safecode Technologies India Private Limited. You should Read them Carefully. For example, If you are opt-out and Except for Certain Types of Disputes Described in the Agreement Section below, you Agree that Disputes Between you and Safecode Technologies India Private Limited Resolved by Binding or Individual Arbitration. You are Waiving your Right to a Jury Trial or Participating as a Plaintiff or class member in any purported class action or representative proceeding — Safecode Products Protected by Copyright Laws and International Copyright Treaties, as well as other Intellectual Property Laws. Safecode Products are Licensed, Not free Software.
Please read this Licence Agreement thoroughly before using the Software.
Grant of Licence
Safecode Technologies India Private Limited is willing to license Software to you only when you accept all the terms in this agreement. By clicking accept indicated below or downloading, installing, or using the Software, you have indicated that you understand this agreement and accept all of its terms. If you accept the terms of this agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the terms of this agreement. In such an event, you and your will refer to that company or other legal entity. If you do not accept all the terms of this agreement, then Safecode Technologies India Private Limited is unwilling to license the Software to you. You must return Safecode software to the place of purchase for a refund if you have paid for the license to the Software. If Safecode Technologies India Private Limited, has made the Software available to you without charge, you must destroy all copies of the Software. Your right to return the Software for a refund expires 14 days after the date of purchase.
(A) Freeware & Trial Licence.
If you have obtained a free, trial or evaluation version of the safecode Software from Safecode Technologies India Private Limited or an authorized Safecode Technologies India Private Limited or reseller, then conditioned upon your compliance with the terms and conditions of this agreement, Safecode Technologies India Private Limited grants you a non-exclusive and non-transferable license to Execute the Software solely in executable form. The other license permits Execution of only such number of copies of the Software, and on such several devices, computers or virtual machines (Devices), as is expressly permitted by Safecode Technologies India Private Limited concerning your trial. If Safecode Technologies India Private Limited specifies no such number of devices or copies., the license grants execution of a single copy of the Software on the single device. It's for an individual user. For purposes of this agreement, execution and executes means to install, load, and run the Software on a single device to benefit from its functionality as designed by Safecode Technologies India Private Limited.
(B) Paid licence.
If you purchased a license of the safecode Software from Safecode Technologies India Private Limited or an authorized reseller of Safecode Technologies India Private Limited, then conditioned upon your compliance with the terms and conditions of this agreement. Safecode Technologies India Private Limited grants you a non-exclusive and non-transferable license to execute the number of copies of the Software you have paid solely in the executable form on the corresponding number of devices owned or used by you. If you have acquired this EULA in a multi-user license pack for safecode products, you may make the number of additional copies of the computer software portion of safecode products authorized on the printed copy of this EULA. And you may use each copy in the manner specified above. A license for safecode products may not be used currently on different computers.
Restrictions & Gurantee
(A) Safecode Defencecure: – Trial
If you are using safecode products, and whether you have a free or paid license, section 2 (a) applies. Your license permits you to use the Software solely for personal, non-commercial purposes, and business purposes. Once Install on your device, you may transfer the Software to a different device, but before you have to Uninstall the Safecode Software from the previous device. You are not allowed to combine the Safecode Software with any third-party application, tools, or hardware, which would run on an automated or unattended basis. You may not transfer the Safecode Software to a different Device, except that once installed in a device, the Safecode Software is operated by the owner but not remotely. You are responsible for each operation in the Safecode Software. You may keep one copy of the Safecode Software for backup or archival purposes, or copy the Software in the hard disk of a device and preserve the original for backup. Despite the second sentence of this section 2 (a), if not more than five total devices in your business, you may use safecode products for business purposes provided that your usage governed by the terms and conditions of this agreement applicable to safecode products. If you use the small business exception, references safecode products may read as governing your usage of the Software.
(B) Safecode Defencecure: – Paid
If you are using safecode products, and you have a trial version, your license permits you to use the Software solely for personal use as well as business purposes. You may also download our Software from safecode websites to evaluate in one device in your organization for 14 days. And you have a paid license; then your license permits you to use the Software solely for your internal business purposes. Other than the limited exception stated in the immediately following sentence, once executed on a device. You may transfer the license to a different device only if you uninstall and remove the Software from the first device. If you are using safecode products, and whether you have a free or paid license: (i) you may make a reasonable number of copies of the Software for backup or archival purposes; (ii) the Software may only be used by your employees and consultants ("authorized users"), who have agreed to abide by the terms of this agreement and who may only use the Software to perform their job functions for you; (iii) you are responsible for the use of the Software by your authorized users (and their compliance with this agreement); and (iv) The Software may be operated by any authorized user once executed on a device, directly or (where that person is providing support services to you concerning that device) via remote connection; granted that each such device is running an authorized copy of the applicable Software. You may install and use one copy of safecode products (one or the other) on a single computer at a time and only by one user at a time.
You must have a license to the Software for every device on which you operate the Software. You may run Software on a network, provided that you have permission to the Software for each: (1) device that the Software Executed on; and (2) device or user instance that can access the Software over that network that not included in (1). Safecode products (trial and paid) licensed as a single product. Parts may not be separate for use on more than one computer. You may not rent or lease safecode products (trial and paid). For such purpose under a separate written agreement. You may permanently transfer all of your rights under EULA, provided you retain no copies, transfer all Safecode products (including all parts, the printed materials, media, and any upgrades and this EULA policy). The recipient agrees to all terms of this EULA. If this Software is an upgrade, the transfer must include all prior versions of the Software, as mentioned earlier. Accordingly, you agree not to disassemble, decompile or reverse engineer the Software or Database (defined below), in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this limitation. You will comply with any additional restrictions contained in your purchase receipt or other purchasing documentation.
(D) Not Giving Data Backup or Data Restore Guarantee
Safecode Defencecure is Software and formed for OS Corruption protection. Still, if you use Safecode Defencecure for your data backup or data recovery, here are some of the terms you need to know for the betterment of pc and your data. (i) if your pc has any problems like partition corruption or sector corruption, then Software won't be bound to backup or restore your data of protected drives. For better performance, read our recommendation of PC Configuration from FAQs on the Safecode website. (ii) if you install any other data recovery or other Software and automatically corrupt your files than safecode products are not responsible for that. (iii) in the future, if any other software comes and you install and damage your files and folders, then the safecode defencecure will not be responsible for not taking a backup of your data or restoring your data. (iv) if you scheduled a regular substitute in the safecode defencecure and you won't be able to maintain your time as per scheduled to take the backup, then safecode products is not responsible for your data backup. (v) for making a regular backup of your data and restore all your files properly (from all the drives), your hard disk needs to be proper (not corrupted) and on a working condition. (vi) if your hard disk gets corrupted or bad sectors damaged than Software won't be able to restore your data. (vii) If your data is not backup or restored properly, you won't claim any laws (all over the world) for it on Safecode Technologies India Private Limited because Safecode Defencecure Software mainly works for os corruption protection only.
Each copy of the Software is licensed. For purposes of EULA agreement, the terms "sell" "purchase," and terms refer to sale or purchase of a license to use the Software and not to a purchase or sale of title to or ownership of any rights or other interests in the Software. You own the media on which the Software recorded. Still, you acknowledge and agree that Safecode Technologies India Private Limited retains ownership of the Software itself and any related data or databases used by Safecode Technologies India Private Limited or the Software (the "database"), including all intellectual property rights therein. Copyright law and international treaties protect the Software and database. You will not delete or alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Software as delivered to you. Safecode Technologies India Private Limited reserves all rights in the Software and Database not expressly granted to you in this agreement.
From time to time, Safecode Technologies India Private Limited may have no obligation to provide updates to the Software. We recommended updating the Software regularly. If you are a paid customer, Safecode Technologies India Private Limited will make available to you at no additional cost. The standard support and updates made available at no other cost subscribers don't have to pay following Safecode Technologies India Private Limited policies from time to time. Nothing in this agreement entitles you to receive any support, maintenance, updates, upgrades, content, or new versions of the Software unless you are a paying customer with a current annual maintenance subscription. Safecode Technologies India Private Limited reserves the right to designate any updates, additional content, or features as requiring separate payment or purchase of a separate subscription at any time. Safecode Technologies India Private Limited reserves explicitly the right to cease providing, updating, or maintaining the Software or database at any time in its sole discretion. If you have entered into a separate maintenance and support or similar agreement with Safecode Technologies India Private Limited, then Safecode Technologies India Private Limited will provide software maintenance and support following the terms of that agreement, not this agreement.
(A) Safecode Defencecure – Trial License Term
If you have obtained a trial license to the safecode products, your consent will continue for the 14 days as specified by Safecode Technologies India Private Limited concerning such trial. Also, Safecode Technologies India Private Limited may terminate your trial license at its sole discretion if we get to know any unusual activity.
(B) Termination Rights
You may terminate the license at any time by destroying all copies of the Software in your possession or control. if you breach any term of this agreement, the license will automatically be terminated, with or without notice from Safecode Technologies India Private Limited. If you are using the safecode products trial license, your license to the Software ends automatically at the end of the applicable trial period. If you are the customer of a Safecode Product, you acknowledge that upon expiration or termination of your license, the Software and any license key may automatically de-activate. You may no longer be able to access and use the Software. If you assert any patents against us or any of our other customers based on the use of the Software, your license to the Software ends automatically.
(C) Effect of Termination
Upon termination or expiration of this agreement, your rights to use the Software will cease.
The price paid by you is the price stated in the purchase receipt or applicable purchasing documentation (if no such amount is specified, the price set out in our then-current standard published price list). Our prices are inclusive & exclusive of taxes, duties, levies, tariffs, and other governmental charges (including, without limitation, GST) (collectively, "taxes"). If we issue an invoice to you, you can make payment online via Paytm, credit card or debit card, net-banking, mobile payment, wallet, & UPI. You are responsible for the payments of all taxes, interest, and penalties resulting from any payments made to the company, other than any taxes based on Safecode Technologies India Private Limited net income. All amounts will be payable and charged at the time and date of purchase.
Limited Warranty; Disclaimer
Safecode Technologies India Private Limited warrants that any physical tools manufactured by Safecode Technologies India Private Limited on which the Software will be released from defects for 30 days from the date of delivery of the Software to you. Safecode Technologies India Private Limited will replace the physically damaged accessory within the warranty period if damaged at Safecode Property: not including any natural calamities. To the maximum extent permitted by applicable law. (a) the limited warranty described in section 8 is exclusive lieu of all other warranties, express or implied. (b) except for the limited warranty described in this section 8, Safecode Technologies India Private Limited disclaims all warranties and conditions, express or implied of merchantability, fitness for a particular purpose and non-infringement, and any warranties and conditions arising out of course of dealing or usage of trade. Whether oral or written, obtained from Safecode Technologies India Private Limited or elsewhere, no advice or information will create any warranty or condition not expressly stated in this agreement. Safecode Technologies India Private Limited does not warrant that Software will operate in the combinations, in the environments that you may select for Execution, that the Software's operation will be error-free or uninterrupted, or that all Software errors will be corrected. Safecode Technologies India Private Limited expressly disclaims any warranty or representation of the software's ability to eliminate any specific malware threats or the completeness of the database or protection modules. You are solely responsible for the data, Software, and other content carried on your devices and for backing up your data, Software, and other content.
Limitation of Liability
Safecode Technologies India Private Limited total liability to you from all causes of action and under all theories of liability will be limited to amounts paid to Safecode Technologies India Private Limited by you for the Software during the six months before the event giving rise to the claim. Safecode Technologies India Private Limited will not be liable for any incidental or consequential damages (including loss of data, profits, or ability to execute). Or cost procuring substitute products arising out or in connection with this agreement or performance of the Software. Whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not Safecode Technologies India Private Limited has advised of the possibility of such loss or damage. The preceding limitations will apply even if any limited remedy specified in this agreement found to have failed its essential purpose. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply.
You agree to comply fully with all globally and other applicable export laws and regulations to ensure that neither the Software nor any technical data related to that. Nor any direct product is exported or re-exported directly or indirectly in violation or used for any purposes prohibited by such laws and regulations.
If you provide any ideas, suggestions, or recommendations regarding the Software, the Safecode Technologies India Private Limited will be free to use or otherwise distribute and exploit such Feedback as it sees fit, entirely without obligation restriction of any kind. By providing feedback, you grant Safecode Technologies India Private Limited a worldwide, perpetual, irrevocable, and royalty-free license to use and exploit in any manner such as feedback if you are using any of Safecode Technologies India Private Limited. The Software's in a business or for business purposes, and you grant Safecode Technologies India Private Limited. The right to use your trade name (and the corresponding trademark or logo) on the Safecode Technologies India Private Limited Website and marketing materials to identify you as a customer.
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