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End USER LICENCE AGREEMENT (EULA)

This End User License Agreement (this "EULA") is made between Ignissta Software Products and the party designated below as the End User ("End User").

  1. License Grant. Subject to the terms and conditions of this EULA, Company hereby grants End User a nonexclusive, nontransferable, limited license to use the copy of the software without the right to sublicense the Software, solely for End User's internal use on a single storage and multi storage like:
    • Single User License (Personal License) - If you acquire single user license then you own the right to use a single licensed copy of the software. This license acquires the non-exclusive and non-transferable right to install and activate software on single computer.

    • Multi User License (Business / Corporate Clients/ Educational Institutes/Government Organizations/Defense Establishments) - If you acquire multi-user license, then you are eligible to use up to the number of licensed copies of the software equal to the number of copies stated in the documents issued by Ignissta while issuing the license.

    • All rights of any kind up on the software which are expressed or not expressed in this license are reserved to Ignissta Software. You may not make the software available in network or in any way provide the software to multiple users unless you have purchased at least one multi user license from Ignissta.

  1. License Fee. End User's license to use the Software hereunder is contingent upon End User's payment when due of all license fees with respect thereto.

 

  1. Ownership. Title to the Software is not transferred to End User, and ownership of all copies of, and all rights including all intellectual property rights in and to, the Software is and remains vested in Company, subject to the limited rights granted to End User in this EULA.

 

  1. LIMITED WARRANTY AND WARRANTY DISCLAIMER. Company warrants to End User for a period of sixty (60) days after End User's purchase of the license granted hereunder that the Software will operate substantially in accordance with the documentation provided therewith. If the foregoing warranty is breached, and if End User notifies Company of such breach not more than 90 days after End User's purchase of the license granted hereunder, Company will, in its discretion, either modify the Software so as to correct such breach or refund the license fees that End User paid for the license granted hereunder.

  1. Term and Termination. This EULA and the license granted to End User to use the Software hereunder shall be terminated (i) by Company, at its option, if End User materially breaches any provision of this EULA; or (ii) by End User, at its option. Upon any termination, End User shall promptly return the Software and any copies thereof in any form. Company will not have any obligation to refund any portion of any license fee upon the termination of this EULA. Sections 3, 6, 7, 8 and 9 of this EULA shall survive its termination.

 

  1. Copyright. United States copyright laws and international treaty provisions protect the Software. Unauthorized use or copying of the Software, including Software that has been modified, merged, or included with other software, or of the written materials or documentation included with the Software is expressly prohibited, except as explicitly set forth in this EULA. Any copies that you are authorized to make pursuant to this EULA, must contain the same copyright and other proprietary notices that appear on or in the Software

 

  1. Confidentiality. End User acknowledges and agrees that the Software and documentation related to its use include proprietary information, trade secrets, know-how and confidential information, that is Company's exclusive property. End User agrees that, without Company's prior written consent, it will not grant access to the Software or its documentation, including any flow charts, logic diagrams, user manuals and screens, to any persons or entities except for employees and agents of End User who have a business need to have such access and who are obligated (by a separate confidentiality agreement, by operation of employment policies or otherwise) to maintain the confidentiality thereof.

  1. General. This EULA (a) constitutes the entire agreement between the parties relating to the subject matter hereof and supersedes any prior negotiations, proposals, representations and agreements; (b) may only be changed by a writing signed by the parties specifically referencing this EULA; (c) shall be interpreted in accordance with the laws of the State of Minnesota, U.S.A., excluding its choice of law rules; and (d) is not assignable, in whole or in part, by End User, except to a parent or subsidiary of End User or in connection with the sale of substantially all of the assets of End user, in each case upon timely notice to Company of such assignment. Any prohibited assignment is null and void. Failure by either party to enforce any term hereof shall not be deemed a waiver. Company shall have the right to receive costs and expenses, including reasonable attorneys' fees, incurred in connection with the enforcement of this EULA. All claims arising out of or relating to this EULA shall be heard in an appropriate court sitting in Minneapolis, Minnesota, U.S.A. In the event any provision of this EULA is declared invalid, the remainder shall continue in binding effect.