This License Agreement details the policy for license of AlienHu Private Limited, ProfitGuru range of products ("Licensed Software") on the following topics:
Please read the following license carefully, before either (i) completing the electronic order or download of the Licensed Software from an authorized website, or (ii) installing the Licensed Software from media that was delivered after being ordered by alternative order process, as applicable. You acknowledge that you have read this License Agreement, have understood it, and agree to be bound by its terms. If you do not agree to the terms and conditions of this Agreement, exit the web site page without continuing the ordering process.
AlienHu grants to you a non-exclusive, non-transferable, Evaluation License for trial and evaluation of the Licensed Software, in binary object code form, for a period of seven (7) days from the date of download or installation. This License begins upon downloading or installing the Licensed Software and ends seven (7) days thereafter ("Evaluation Period"). If you are not willing to use the Licensed Software, after the Evaluation Period, delete all the copies installed in your computer with immediate effect. You are forbidden from using the Licensed Software for any other use or otherwise offering it for resale under the terms of this Section 1. AlienHu retains all rights not specifically granted to you herein.
(a) First year Software License: As part of your choosing to license the Licensed Software, AlienHu grants you a fee-bearing, non-exclusive, non-transferable, world-wide license to Use the Licensed Software for 1 year from the date of license activation, including user documentation that you have downloaded from or received on media provided by AlienHu or its partners, including all updates provided through the annual license renewal, where applicable, provided that such access and Use of the Licensed Software is in accordance with the Node Locked License granted by AlienHu. "Use" means storing, loading, installing, executing or displaying the Licensed Software. "Node Locked License" means that one copy of the Licensed Software can be installed only on one machine.
(b) Annual License Renewal/Annual Maintenance Cost (ALR/AMC): To continue using the Licensed Software/Services beyond one year, you must renew your license every year at least 10 days before the expiry of the term. If otherwise, ProfitGuru software will expire and late payment charges will apply in addition to renewal
(c) Information We collect from you: As part of the installation, registration and software usage process AlienHu will collect information like contact person, mobile number, mail address, business name & address. This information will be uploaded to AlienHu CRM (Customer Relationship Management) to serve you better. You agree to provide true, accurate, current and complete information to help AlienHu serve you better.
All Services are charged in advance and are non-refundable, including for partial months of Services, Service upgrades or downgrades or unused Services in an open account. Company will not be held liable in any way for any lack of refunds in connection with the Services.
The software, Website and Services are provided on an "as is" and "as available" basis, and your use of them is at your sole risk. Company does not warrant that: (a) the Services will meet your specific requirements; (b) the Services will be uninterrupted, timely, secure, or error-free; (c) the results that may be obtained from the use of the Services will be accurate or reliable; (d) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations; or (e) any errors in the Services will be corrected.
(a) the Services will meet your specific requirements;
(b) the Services will be uninterrupted, timely, secure, or error-free;
(c) the results that may be obtained from the use of the Services will be accurate or reliable;
(d) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations; or (e) any errors in the Services will be corrected.
The Licensed Software may contain software which originated with third party vendors and without limiting the general applicability of the other provisions of this Agreement, you agree that (a) the title to any third party software incorporated in the Licensed Software shall remain with the third party which supplied the same; and (b) you will not distribute any such third party software available with the Licensed Software, unless the license terms of such third party software provide otherwise.
i) No illegal use: You agree and undertake that you will not use the Software, Website or Services for any illegal or unauthorised purpose, or upload any information that is in breach of any confidentiality obligation, copyright, trademark or other intellectual property or proprietary rights of any person, entity or organization or any applicable laws. You agree and undertake that you will not attempt to gain unauthorized access to any portion or feature of the Software, Website, any other systems or networks connected to the Website, to any Company’s server, or to any of the Services offered on or through the Software, Website, by hacking, password mining or any other illegitimate means;
ii) No malicious use: Users may only access the Software, Website and Services through the interface provided by Company, and shall not use the Website or Services for any malicious means, or abuse, harass, threaten, intimidate or impersonate any other User of the Website or Services.
iii) When you use the Software, Website and/or the Services You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content that:
AlienHu provides support that includes response to tickets raised in support app, requests via telephonic call for Licensed Software, email support for problem reporting, remote support for problem resolution, product updates, and online access to product documentation, self-help videos & tutorials. To avail the AlienHu Support Services, ALR/AMC is mandatory. AlienHu specifically excludes upgrades from the ALR program. Upgrade to the Licensed Software will be provided upon payment of an Upgrade License Fee in accordance with AlienHu then current pricing policy.
AlienHu owns all right, title and interest in and to the Licensed Software. AlienHu expressly reserves all rights not granted to you herein, notwithstanding the right to discontinue or not to release any Licensed Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or characteristics of the Licensed Software. The Licensed Software is only licensed and not sold to you by AlienHu.
AlienHu has the right to audit your Use of the Licensed Software by providing at least seven (7) days prior written notice of its intention to conduct such an audit at your facilities during normal business hours.
The Licensed Software contains proprietary information of AlienHu that are protected by the laws of India and you hereby agree to take all reasonable efforts to maintain the confidentiality of the Licensed Software. You agree to reasonably communicate the terms and conditions of this Agreement to those persons employed by you who come into contact with or access the Licensed Software, and to use reasonable efforts to ensure their compliance with such terms and conditions, including but not limited to, not knowingly permitting such persons to use any portion of the Licensed Software for a purpose that is not allowed under this Agreement.
AlienHu does not warrant that the Licensed Software, Website & Services will be error-free. Except as provided herein, the Licensed Software is furnished "as is" without warranty of any kind, including the warranties of merchantability and fitness for a particular purpose and without warranty as to the performance or results you may obtain by using the Licensed Software. You are solely responsible for determining the appropriateness of using the Licensed Software and assume all risks associated with the use of it, including but not limited to the risks of program errors, damage to or loss of data, programs or equipment, and unavailability or interruption of operations. Because some jurisdictions do not allow for the exclusion or limitation of implied warranties, the above exclusions or limitations may not apply to you.
In no event will AlienHu be liable to you or any third party for any special, incidental, indirect, punitive or exemplary or consequential damages, or damages for loss of business, loss of profits, business interruption, or loss of business information arising out of the use or inability to use the program or for any claim by any other party even if AlienHu has been advised of the possibility of such damages. AlienHu entire liability with respect to its obligations under this agreement or otherwise with respect to the Licensed Software shall not exceed the amount of the named developer license fee paid by you for the Licensed Software. Because some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, the above exclusions or limitations may not apply to you.
AlienHu agrees to indemnify and defend you from and against any and all claims, actions or proceedings, arising out of any claim that the Licensed Software infringes or violates any valid Indian patent, copyright or trade secret right of any third party; so long as you provide; (i) Prompt written notice to AlienHu of such claim; (ii) Cooperate with AlienHu in the defense and/or settlement thereof, at AlienHu expense; and, (iii) Allow AlienHu to control the defense and all related settlement negotiations. The above is AlienHu sole obligation to you and shall be your sole and exclusive remedy pursuant to this Agreement for intellectual property infringement. AlienHu shall have no indemnity obligation for claims of infringement to the extent resulting or alleged to result from (i) Any combination, operation, or use of the Licensed software with any programs or equipment not supplied by AlienHu; (ii) Any modification of the Licensed Software by a party other than AlienHu; and (iii) Your failure, within a reasonable time frame, to implement any replacement or modification of Licensed Software provided by AlienHu.
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying or returning to AlienHu all copies of the Licensed Software in your possession. Either party may terminate this Agreement upon breach by the other party of the terms of this Agreement, including but not limited to clauses 2a, 3, 4, 5, 6, 7, 8, 13 and 14 and the failure by the other party to cure such breach within 30 (thirty) days' written notice. Upon termination, you shall destroy or return to AlienHu all copies of the Licensed Software and certify in writing that all know copies have been destroyed. All provisions relating to confidentiality, proprietary rights, non-disclosure, and limitation of liability shall survive the termination of this Agreement.
This Agreement shall be construed, interpreted and governed by the laws of India exclusive of its conflicts of law provisions. This Agreement constitutes the entire agreement between the parties, and supersedes all prior communications, understandings or agreements between the parties. Any waiver or modification of this Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this Agreement is found invalid or unenforceable, the remainder shall be interpreted so as to reasonable effect the intention of the parties. You shall not export the Licensed Software or your application containing the Licensed Software except in compliance with Indian export regulations and applicable laws and regulations.
AlienHu is allowed to print its product name in the invoice of the customers. It will be in the format of Software by AlienHu, along with the telephone number.