Business Productivity Simplified

Webrino End-User License Agreement

PLEASE READ THIS END-USER LICENSE AGREEMENT (“EULA”) CAREFULLY. BY INSTALLING OR USING THE SOFTWARE THAT ACCOMPANIES THIS EULA (“SOFTWARE”), YOU AGREE TO THE TERMS OF THIS EULA. IF YOU DO NOT AGREE, DO NOT USE THE SOFTWARE AND, IF APPLICABLE, RETURN IT TO THE PLACE OF PURCHASE FOR A FULL REFUND. THIS SOFTWARE DOES NOT TRANSMIT ANY PERSONALLY IDENTIFIABLE INFORMATION FROM YOUR SERVER TO WEBRINO COMPUTER SYSTEMS WITHOUT YOUR CONSENT.

1. GENERAL.

This EULA is a legal agreement between you (either an individual or a single business entity) and Webrino Business Software LLP (“Webrino”). This EULA governs the Software, which includes computer software (including online and electronic documentation) and any associated media and printed materials. This EULA applies to updates, supplements, add-on components, and Internet-based services components of the Software that Webrino may provide or make available to you unless Webrino provides other terms with the update, supplement, add-on component, or Internet-based services component. Webrino reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Software. This EULA also governs any product support services relating to the Software except as may be included in another agreement between you and Webrino. An amendment or addendum to this EULA may accompany the Software. The Software may contain the following:

  1. “Server Software” provides services or functionality on (a) your server (your computers capable of running the Server Software are “Servers”) as a managed host; (b) our servers (our computers capable of running the Server Software) and
  2. “Device Software” allows a single personal computer, workstation, terminal, handheld computer, pager, telephone, personal digital assistant, or other electronic device (“Device”) to access or use the Server Software.

2. GRANT OF LICENSE.

Webrino grants you the following rights, conditioned on your compliance with all the terms and conditions of this EULA:

  1. Installation, Server Software. You may install only one copy of Server Software on a single Server. Separate component parts of the Server Software may not be used on more than one Server. An additional license is required if you install another copy of the Server Software on the same Server (whether in a separate partition, by using server emulation software, or otherwise) or to install or run a copy of the Server Software on a different Server (for example, a Server employed for backup or fail-over support).
  2. Installation, Device Software. You may install and use the Device Software on any Device solely to access or use the Server Software.

3. CLIENT ACCESS LICENSES (“CALs”).

  1. Webrino in the Cloud Access License (“Cloud CAL”) Requirements. The Software licensing model consists of this Server Software license and incremental CALs, so that the total cost for the Software scales with usage. You must separately acquire a CAL for each individual person (“User”) or Device that accesses or uses the Server Software, unless otherwise bundled as a package supporting a limited number of users (“Bundled Users”), whether directly or through a Multiplexing Service (defined below). Each User CAL permits one User or Bundled Users (using any Device) to access or use the Server Software. Each Device CAL permits one Device (used by any User) to access or use the Server Software. You may use a mix of User CALs and Device CALs simultaneously with the Server Software. A “Multiplexing Service” is a software application or service accessing or using the Server Software at the request of or on behalf of a User or Device.
  2. Premium Server Services. Webrino may subsequently create new software functionality (“Premium Services”) that you may wish to use with this version of the Software. To make these Premium Services available to you for use with this version of the Software, Webrino may provide them under additional license terms and may charge additional access license fees for you to install and use them, if you choose.

4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

  1. Other Licenses. Your use of software applications installed on the Server, accessed through the Server, or providing application-sharing functionality may require additional licenses. Please consult the license agreement accompanying such software.
  2. Reservation of Rights; Other Restrictions. The Software is protected by copyright and other intellectual property laws and treaties. Webrino or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold. Webrino reserves all rights not expressly granted to you in this EULA. Notwithstanding any other provision in this EULA, neither this EULA nor any CAL grants a license, under any Webrino intellectual property, to implement any functionality contained in the Software (including without limitation communication protocols used by the Software) in any software installed on a Device accessing or utilizing the Server Software. Reverse engineering, decompiling, or disassembling the Software is prohibited, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Renting, leasing, or lending the Software (including providing commercial hosting services) is also prohibited.

5. PRODUCT SUPPORT SERVICES

  1. Rights and Obligations. Webrino may provide you with product support services related to the Software. Use of any such support services is governed by the Webrino policies and programs described in the user manual, in online documentation, on Webrino’s support webpage, or in other Webrino-provided materials. Any software Webrino may provide you as part of support services are governed by this EULA, unless separate terms are provided. This EULA does not obligate Webrino to provide any support services or to support any software provided as part of those services.
  2. Consent to Use of Data. You agree that Webrino and its affiliates may collect and use technical information gathered as part of the support services provided to you, if any, related to the Software. Webrino may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.

6. LINKS TO THIRD PARTY INTERNET SITES.

You may link to third-party Internet sites through the use of the Software. Webrino does not control the third-party sites, and Webrino is not responsible for the contents of any third-party sites, any links contained in third-party sites, or any changes or updates to third-party sites. Webrino is not responsible for web-casting or any other form of transmission received from any third-party sites. Webrino is providing you these links to third-party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by Webrino of the third-party site.

7. UPGRADES.

To use Software identified as an upgrade by Webrino, it is required that you be licensed for the software identified by Webrino as eligible for the upgrade. After upgrading, the software that formed the basis for your upgrade eligibility may no longer be used. The resulting upgraded Software may be used only in accordance with the terms of this EULA.

8. NOT FOR RESALE SOFTWARE.

Software identified as “Not for Resale” or “NFR,” may not be sold or otherwise transferred for value or used for any purpose other than demonstration, test or evaluation.

9. ACADEMIC EDITION SOFTWARE.

To use Software identified as “Academic Edition” or “AE,” you must be a “Qualified Educational User.” For qualification-related questions, please contact the Webrino Sales Information Center: 24, J. N. Road, BEML Layout, 3rd Stage, R. R. Nagar, Bangalore 560098 or the Webrino Partner serving your region.

10. SOFTWARE TRANSFER—Internal transfer.

You may move the Server Software to a different Server as long as you permanently remove the software from the initial Server. Transfer to Third Party. The initial user of the Software may make a one-time permanent transfer of this EULA and Software to another end user, provided the initial user retains no copies of the Software. The transfer must include all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity). The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to all the EULA terms.

11. TERMINATION.

Without prejudice to any other rights, Webrino may terminate this EULA if you are not in compliance with all the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.

12. DISCLAIMER OF WARRANTIES.

The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, Webrino and its suppliers provide the Software and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.

13. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Webrino OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF Webrino OR ANY SUPPLIER, AND EVEN IF Webrino OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. LIMITATION OF LIABILITY AND REMEDIES.

NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF Webrino AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY Webrino WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR INR 500.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 12 and 13) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

15. APPLICABLE LAW.

This EULA is governed by the laws of the Union of India. The exclusive jurisdiction and venue shall be Bangalore city, Karnataka State, India.

16. ENTIRE AGREEMENT; SEVERABILITY.

This EULA (including any addendum or amendment to this EULA which is included with the Software) are the entire agreement between you and Webrino relating to the Software and the Support Services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any Webrino policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control unless the parties otherwise agree in writing. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.Webrino