THIS END USER LICENSE AGREEMENT (“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “YOUR”) AND QUIXOTE AUTOMOTIVE TECHNOLOGIES PRIVATE LIMITED (“LICENSOR”), FOR THE OBD DEVICE (“DEVICE”) AND ITS CONNECTED SOFTWARE (“SOFTWARE”) THAT YOU HAVE PURCHASED. BY INSTALLING AND/OR USING THE SOFTWARE, YOU INDICATE YOUR ACCEPTANCE TO THE TERMS OF THIS AGREEMENT. BY INSTALLING AND/OR USING THE SOFTWARE, YOU INDICATE YOUR ACCEPTANCE TO THE TERMS OF THIS AGREEMENT
- License Grant: Subject to the terms and condition of this Agreement, the Licensor grants You a limited, non-exclusive, non-transferable, and revocable license to use the Device and Software in accordance with the terms and conditions of this Agreement. Further, the Licensor reserves the right to not respond to You in an instance of misbehavior, absurd addresses, racist remarks, abusive communication or un-ethical practice undertaken by You with the Licensor or its personnel at the time of seeking support with respect to Software. Further, You agree that the license granted to use the Device and the Software is exclusively for the territory of India and in case the Device or the Software is used outside the territorial limits, You will be held solely liable for any breach of applicable laws in the country in which the Device or Software has been used and in case the Licensor suffers any loss, damage including but not limited to litigation costs or breach of third party right or loss of profit due to Your actions or omissions, You shall indemnify the Licensor for all the losses or damages caused to the Licensor due to Your acts or omissions. Further, the license grant by way of this Agreement is limited and shall be governed as per the table defined below:
|Free License||Valid up to 6 months from the date of invoice of the Device|
|Paid License||If You want to extend the License beyond 6 months, an annual subscription fees shall be payable by You.|
Note: Please note that the Paid License fee shall be at the discretion of the Licensor. Further, if you are not willing to avail the Paid License, the services provided by the Licensor shall be limited and at the discretion of the Licensor.
- Restrictions: You shall not modify, reverse engineer, decompile, or disassemble the Device or Software, in whole or in part
b. create any derivative works based on the Device or Software;
c. distribute, rent, lease, or sublicense the Device or Software; or
d. use the Device or Software for any illegal purpose.
- Service Level: The Licensor shall provide an uptime of 98% on yearly basis excluding the emergency cases and schedule maintenance and the same shall remain uninterrupted during the usage of the Software. However, in case of any service maintenance of the Software, the Licensor shall inform You prior 24 (Twenty-Four) hours of such scheduled maintenance through notification on the Software application.
- Intellectual Property: The Device, Software, and all related technology, software, and documentation, including any improvements or modifications, are the exclusive property of Licensor, and are protected by applicable intellectual property laws in the territory of India. You shall not acquire any rights, express or implied, in the Device or Software other than those explicitly granted in this Agreement.
- Disclaimer of Warranties: The Device and Software are provided “as is” and Licensor makes no representations or warranties of any kind, express or implied, with respect to the Device or Software or their use, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Further, if You do not upgrade to the new releases of the Software as provided by the Licensor, any subdued or substandard performance of the Software shall not be a responsibility of the Licensor.
- Warranty of the Device: You understand that the warranty provided by the Licensor shall be governed as per the warranty policy of the Licensor as mentioned at our website, https://support.spinny.com/hc/en-gb.
- Indemnity and Limitation of Liability: You shall indemnify and hold the Licensor, its officers, directors, employees, agents, representatives, suppliers, affiliates and the employees of such affiliates harmless against all claims losses, taxes, expenses, costs, liabilities or damages including legal fees that arise out of, or are connected with: (a) breach of intellectual property rights of the Licensor or any third party; (b) breach of any confidential information of the Licensor; (c) gross negligence or willful misconduct by You or any of your authorized representative; (d) any breach of applicable laws and (e) any breach of the terms and conditions of this Agreement. Further, in no event shall Licensor be liable for any damages, including without limitation, indirect, incidental, special, or consequential damages, arising out of the use or inability to use the Device or Software, or for any other claim related in any way to Your use of the Device or Software, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of Your use of the Device or Software. Further, this clause will survive the termination clause as mentioned herein under this Agreement.
- Termination: This Agreement is effective until terminated by the Licensor. You may terminate this Agreement at any time by destroying the Device, Software, and all copies of their related technology, software, and documentation. This Agreement will automatically terminate if You breach any term or condition of this Agreement. Upon termination, You shall destroy all copies of the Device, Software, and their related technology, software, and documentation and the Licensor shall have the sole right to discontinue the services including but not limited to the license granted under this Agreement.
- General Terms: This Agreement shall be governed by and construed in accordance with the laws of India. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement shall not be affected. Further, the Licensor reserves the right to update its Software or any terms and conditions of this Agreement at any time without any prior intimation.
- Jurisdiction: The courts in New Delhi, India would only have the jurisdiction for the purposes of any dispute or difference or disagreement relating to or arising out of or under this Agreement.
By clicking the “I Agree” button or using the Device or Software, You acknowledge that You have read this Agreement, understand it, and agree to be bound by its terms and conditions.
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