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any of the terms of this License, then do not use, copy, transmit, distribute, or
install
the Software.
1. Subject to the terms below and upon delivery to you of the media on which the
Software resides, you are hereby granted a nonexclusive, non-transferable license
by Reliance Infocomm Ltd., a company incorporated under the (Indian) Companies
Act, 1956 with its registered office at Avdesh House, 3rd Floor, Pritam Nagar, 1st
Slope, Ellisbridge, Ahmedabad - 380 006 ("Reliance", which expression includes its
successors and permitted assigns), to use one copy of the Software in India and
strictly in object code form, on one (1) computer or workstation, for accessing
Reliance's and/or its affiliates' internet services.
2. You hereby agree that, notwithstanding anything stated to the contrary in this
Agreement, title to and exclusive ownership of the Software shall remain with
Reliance.
4. You hereby agree not to (i) translate, reverse engineer, modify, decompile,
disassemble or employ any other methods to derive the source code of the
Software; (ii) create derivative works from or copies of the Software; (iii) (a)
use
the Software for any purpose than those described above, and (iv) use it on more
than one (1) computer or workstation.
5. Further, you hereby agree not to use the Software for (ii) commercial time-
sharing; (iii) rental, lease, or sub-licensing to third parties; and (iv) service-
bureau
purposes.
6. You acknowledge and agree that the Software is the property of and contains
trade
secrets of Reliance and that you will keep in confidence and protect the Software
from disclosure to third parties and restrict its use as provided in this
Agreement.
You acknowledge that unauthorized disclosure may cause substantial economic
loss to Reliance. Reliance reserves all rights granted to it under the copyright,
patent, and other intellectual property laws of India and all other statutory and
common laws. All right, title, interest, and all copyrights to the Software and
any
copy made by you remain with Reliance. This Agreement does not transfer title to
you of the intellectual property contained in the Software. Unauthorized copying
of the Software or failure to comply with the above restrictions will result in
automatic termination of this License and will make available to Reliance other
legal remedies.
II. FINANCIALS
paid/agreed to pay subscription charges for the internet services being provided
by
Reliance and/or its affiliates in accordance with the services agreement executed
between you on one part and Reliance and/or its affiliate(s) on the other part
("Services Agreement").
III. WARRANTY
To the maximum extent permitted by law, the Software is licensed to you on an "AS
IS" basis and therefore, Reliance hereby disclaims all warranties and
representations,
whether express, implied or statutory, with respect to the Software including
without
limitation, the implied warranties of merchantability, absence of hidden
imperfections, fitness for a particular purpose (even if Reliance has been
informed of
such purpose), the non-infringement of third party rights, uninterrupted or error
free
operation of the Software, or warranties arising from a course of dealing, usage
or
trade practice.
IV. TERM
1. The license granted hereunder with respect to the Software shall be valid for
the
term of the Services Agreement and shall be deemed terminated upon expiry /
termination of the Services Agreement by whomsoever for any reason
whatsoever.
2. Further, Reliance may forthwith terminate the license granted hereunder in the
event of breach by you of any of the terms hereof.
3. Upon termination of this Agreement for any reason whatsoever, you hereby agree
to immediately uninstall the Software from the computer / workstation on which
the same is installed and further, stop all usage thereof. Furthermore, if so
required
by Reliance, you shall promptly deliver a certification to Reliance acknowledging
the said un-installation of the Software and cessation of use thereof.
V. LIMITATION OF LIABILITY
You hereby agree and accept that the Software forms a substantial asset base of
the
Reliance and as such, any use thereof in breach of this Agreement shall have an
immediate, direct and magnified negative effect on the viability of Reliance's
business.
VI. MISCELLANEOUS
4. Audit - The Parties hereto agree that Reliance shall, at all times during the
subsistence hereof and for a period of three years from the date of
termination/expiration hereof, have a right to audit, verify and examine any
records, sites, offices and / or practices of yours in relation to your use of the
Software.
6. Assignment - This Agreement and any licenses granted hereunder shall not be
transferred, assigned or sublicensed by you to any third party, without
Reliance's express prior written consent. Reliance may assign this Agreement
to any other party or participate in a merger or consolidation or permit itself to
be bought over by any other party without your prior written approval.
9. Waiver - If either Party should waive any breach of any provision of this
Agreement, it shall not thereby be deemed to have waived any preceding or
succeeding breach of the same or any other provision hereof.