Silver Catalyst distribution permissions and end-user license agreement
END USER LICENSE AGREEMENT
By installing or using the Silver Stripe Software Pvt. Ltd. (the "Company") product Silver Catalyst (the "Software") you indicate your agreement to the terms of this End User License Agreement (the "Agreement"). If you do not agree to the terms herein, you are not authorised to copy or use the Software. The Software, all images, photographs, icons, and text incorporated in the Software, is owned by Company or its suppliers and is protected by Indian copyright laws and international treaty provisions. Except to the extent expressly licensed herein, all rights are reserved to Company and its suppliers. You may not reverse engineer, decompile or disassemble the Software except as set forth herein.
ATTENTION: USE OF THIS SOFTWARE IS SUBJECT TO THE TERMS SET FORTH BELOW. USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS YOU ARE NOT AUTHORISED TO USE THIS SOFTWARE.
1. LICENSE GRANT
The Company grants you a non-exclusive, royalty-free, worldwide right and license to use the executable version of the Software, where "use" in this Agreement means storing, loading, installing, or executing the Software. You may not modify the Software or disable any licensing or control features of the Software. You agree that you many not copy the written materials accompanying the Software. You may copy the software for archival purposes so long as the copy is unmodified from the original distribution and the copy retains all of the original Software`s proprietary notices. You may not rent or lease your rights to the Software or documentation. You may install the Software and use the license on multiple computers provided that not more than one of those computers is in use simultaneously. You may not copy or redistribute any registration keys or license files.
All right, title and interest in and to the Software is owned and copyrighted by the Company or its third party supplier. Your license confers neither title to nor ownership in the Software and is not a sale of any rights in the Company. Company third party suppliers may protect the rights in the event of any violation of this License Agreement as if such suppliers were parties to this License Agreement. No license is given to you under any patent or patent application of Company.
3. BACKUP COPY
You may make one backup copy of the software and the license file. You may use it only to reinstall the software.
Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
5. EXPORT RESTRICTIONS
The software is subject to Indian export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software.
6. NO DISASSEMBLY,RECOMPILATION OR DECRYPTION
You may not disassemble or decompile the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation, unless prior written consent is obtained.
7. NO WARRANTIES
To the maximum extent permitted by applicable law, Company expressly disclaims any warranty for the Software. The Software and any related documentation is provided "as is" without warranty of any kind, either express or implied including without limitation the implied warranties of merchantability, fitness for a particular purpose and non infringement of third party proprietary rights. The entire risk arising out of use or performance of the Software remains with you.
8. NO LIABILITY FOR DAMAGES
To the maximum extent permitted by applicable law, neither Company nor its suppliers shall be liable for any incidental, special, or consequential damages whatsoever (including without limitation, damages for loss of business profit, business interruption, loss of business information, or any other pecuniary loss) arising out of or relating to the use or inability to use the Software, even if Company has been advised of the possibility of such damages. Furthermore, the Company`s liability for direct damages shall not exceed the license fee, if any, paid by you directly to the company for use of the product or any license fee received by the Company for use of the product if purchased through an authorised third party.
9. CUSTOMER REMEDIES
Your exclusive remedy shall be, at the company option, repair or replacement of the Software or refund of part or all of the license fees, if any, paid by you for the Software.
It is your responsibility to ascertain whether copyrights, patents, or other licenses are needed for the content that you use in conjunction with this Software. You agree to hold harmless, indemnify and defend the Company, its officers, directors, employees and third party suppliers against any loss, damage, fine, or expense including attorney`s fees arising out of or related to any claim that you have used this Software in violation of applicable laws in your jurisdiction. It is your responsibility to abide by the laws of whatever jurisdiction you reside in.
This Agreement shall continue for the duration of Company copyright in the Software, unless earlier terminated as provided herein. The Company may terminate you license immediately without notice to you for your failure to comply with any of the terms set forth in this Agreement. Upon termination, you must immediately destroy the Software, together with all copies. Obligations to pay accrued charges or fees shall survive the termination of this Agreement.
12. ASSIGNMENT AND NON-ASSIGNMENT
If you are an individual, then this license is personal to you but you may assign your rights under this Agreement to a third party who agrees in writing to be bound to this Agreement prior to the assignment and provided that you transfer all copies of the Software registration keys and files, and related documentation to the third party and destroy all copies not transferred. If you are an entity, then you may not assign your rights under this Agreement without the prior written permission of the Company. If you are an entity that merges with or is acquired by another entity, then your rights under this Agreement shall be deemed to be assigned to the resulting entity of that merge or acquisition.
13. APPLICABLE LAW
Law in India is the applicable law. If you acquired the software in any other country, the laws of that country apply, apart from Indian laws.
14. ENTIRE AGREEMENT
Unless otherwise expressly agreed in writing, this License Agreement constitutes the sole and exclusive agreement between you and Company with regard to the Software, and supersedes all prior agreements, whether oral or written and other communications between the parties relating to the subject matter set forth herein.
If you have any questions regarding this License Agreement or if you wish to request any information from Company please contact the firm at the email address below. All correspondence must be in English.
Silver Stripe Software Private Limited