InstallEssen distribution permissions and end-user license agreement
End User License Agreement
IMPORTANT--READ THE FOLLOWING LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING AND/OR USING THE PROGRAM.
By downloading/installing and/or using the Program, you indicate your acceptance of the following Essen Program License Agreement ("Agreement"). If
you do not agree to the terms of this Agreement, promptly delete the Program from your computer and cease use of the Program.
Essen Energy Conversion Devices Private Ltd. ("ESSEN") grants you ("Customer") a license to use the InstallEssen software ("Program") as
Customer may make and use one more copy of the Program solely for Customer`s backup ; provided that: (a) the Program is not modified in any way;
and (b) Customer maintains the copyright notice on the copy of the Program. Customer may not use the Program for commercial timesharing, rental, or
service bureau use. The Program may not be transferred, sold, assigned or otherwise conveyed to another party without ESSEN`s prior written consent.
Customer agrees not to cause or permit the reverse engineering, disassembly, or decompilation of the Program. Customer shall not disclose the results
of any benchmark tests of the Programs to any third party without ESSEN`s prior written approval.
Customer acquires only the right to use the Program and does not acquire any rights of ownership in the Program. ESSEN, or its licenser, shall at all
times retain all rights, title and interest in the Program.
ESSEN may terminate this Agreement if Customer breaches any of its terms. Upon termination, Customer shall cease using the Program and shall
destroy or return to ESSEN all copies of the Program including all modifications and merged portions in any form.
This Agreement is governed by the laws of the Union of India.
ESSEN DOES NOT WARRANT THE PROGRAM AND ESSEN DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT; THIS PROGRAM
IS DISTRIBUTED "AS-IS". ESSEN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR
DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN
ACTION IN CONTRACT OR TORT, EVEN IF CUSTOMER OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. ESSEN`S LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED THE FEES PAID IF ANY, BY CUSTOMER UNDER THIS
Customer agrees to comply fully with all relevant export laws and regulations of the U.S./UNION of INDIA to assure that neither the Programs, nor any
direct product thereof, are exported, directly or indirectly, in violation of U.S./UNION of INDIA law. The Program may not be transferred outside the country
where delivery is taken or transferred, sold, assigned, or otherwise conveyed to another party without ESSEN`s prior written consent.
If the Program is delivered to a U.S. Government Agency of the Department of Defense, then it is delivered with Restricted Rights and the following legend
Restricted Rights Legend Use, duplication or disclosure by the Government is subject to restrictions as currently set forth in subparagraph (c)(1)(ii) of
DFARS 252-227-7013, Rights in Technical Data and Computer Software (October 1988).Essen Energy Conversion Devices Private Ltd., 24-B, Jolly
Maker II, Nariman Point, Bombay- 400021, MH, India
If the Program is delivered to a U.S. Government Agency not within the Department of Defense, then it is delivered with "Restricted Rights" as defined in
FAR 52.227-14, Rights in Data - General, including Alternate III (June 1987).
Unless both parties have signed a license agreement covering the Program, this Agreement constitutes the complete agreement between the parties and
supercedes all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter of this Agreement. This
Agreement may not be modified or amended except in a writing signed by a duly authorized representative of each party; no other act, document, usage or
custom shall be deemed to amend or modify this Agreement. The waiver by either party of any breach of this Agreement shall not constitute a waiver of
any other or subsequent breach.
Should you have any questions concerning this Agreement, you may contact
Essen Energy Conversion Devices Pvt. Ltd. at firstname.lastname@example.org
COPYRIGHT 2001 by Essen Energy Conversion Devices Pvt. Ltd.
All Rights Reserved.
Essen Energy Conversion Devices Pvt. Ltd.
24-B, Jolly Maker II, Nariman Point,
Bombay- 400021, MH, India