End User License Agreement
End User License Agreement
Data Updated: 18th October, 2024
PLEASE READ THIS AGREEMENT CAREFULLY. BY DOWNLOADING, INSTALLING, COPYING, ACCESSING OR USING THIS SOFTWARE, ALL OR ANY PORTION OF THIS SOFTWARE, YOU (HEREINAFTER “CUSTOMER”) ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT WHICH WILL BIND YOU. THE TERMS OF THIS LICENSE INCLUDE, IN PARTICULAR, LIMITATIONS ON LIABILITY CLAUSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, WE WILL NOT LICENSE THE SOFTWARE AND DOCUMENTATION TO YOU AND YOU MUST DISCONTINUE THE INSTALLATION PROCESS NOW, AND PROMPTLY RETURN THE SOFTWARE AND PROOF OF ENTITLEMENT TO THE PARTY FROM WHOM YOU ACQUIRED THE SOFTWARE.
1. Definitions
1.1 “ TechAid Labs” or “techaidlabs.com”means and operated by TechAid Labs (OPC) Pvt LTD, a India corporate.
1.2 “Compatible Computer” means a Computer with the recommended operating system and hardware configuration as stated in the Documentation.
1.3 “Computer” means a virtual or physical device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions, including without limitation desktop computers, laptops, tablets, mobile devices, telecommunication devices, Internet-connected devices, and hardware products capable of operating a wide variety of productivity, entertainment, or other software applications.
1.4 “Customer” means you and any legal entity that obtained the Software and on whose behalf it is used; for example, and as applicable, your employer.
1.5 “Permitted Number” means one (1) unless otherwise indicated under a valid license (e.g., volume license) granted by TechAid Labs.
1.6 “Software” means (a) all of the information with which this agreement is provided, including but not limited to: (i) all software files and other computer information; (ii) any proprietary scripting logic embedded within exported file formats (iii)images, sounds, clip art, video and other works bundled with TechAid Labs software or made available by TechAid Labs on TechAid Labs’s website for use with the TechAid Labs software and not obtained from TechAid Labs through a separate service (unless otherwise noted within that service) or from another party (“Content Files”); (iv) related explanatory written materials and files (“Documentation”); and (v) any modified versions and copies of, and upgrades, updates, and additions to, such information, provided to Customer by TechAid Labs at any time, to the extent not provided under separate terms (collectively, “Updates”).
2. LICENSE GRANT; PROPRIETARY RIGHTS
Right to use the Software: Subject to the terms and conditions of this Agreement, TechAid Labs grants Customer a non-exclusive, non-transferable right, revocable and limited license to access and use the Software and Documentation on a single computer or workstation in a single location for your personal purposes (if you are a consumer) or your internal business purposes (if you are a business user) subject to the terms stated below. Customer must use the Technician License if using the software to provide professional or paid service to a third party (individual or company) and / or for any commercial purposes.
SINGLE USER LICENSE: The term means a SOFTWARE that may be installed and used only by a single USER on a single computer at any one time. Consequently, the SOFTWARE must not be installed, displayed, shared or used concurrently from the computer or on distinct computers. Single User License is granted to customer who is using STANDARD, PROFESSIONAL, or PREMIUM Edition of the Software.
MULTIPLE USER LICENSE:. The term means a SOFTWARE that may be installed and used by a specified number of USERS representing an equivalent number of computers. The SOFTWARE must not be installed, displayed, shared or used from or on a number of computers greater than the number of workstations authorized. Multiple User License are associated with Technician & Toolkit Edition of the Software. MAXIMUM Installation.
3. LICENSE TYPES
3.1 Evaluation Software/Trial version: The Software is provided with 30-days of free trial period with or without License key which can be downloaded for free from TechAid Labs’s website. The Software may only be installed and used on Permitted Number of Compatible Computers during the License Term for demonstration, evaluation, and training purposes only. Evaluation Software or Trial version of the Software may be freely distributed, if the distribution package is not modified. No person or company may charge a fee for the distribution of trial version without written permission from the copyright holder.
3.2 Subscription License: For the Software available on a subscription-basis (“Subscription License”), Customer may install and use the Subscription License only on the Permitted Number of Compatible Computer during the License Term Period. Subject to the Permitted Number of Computers for the Subscription License, Customer agrees that TechAid Labs may change the type of Software (such as specific components, versions, platforms, languages, etc.) included in the Subscription License at any time and shall not be liable to the Customer whatsoever for such change. Ongoing access to a Subscription License requires a recurring Internet connection to activate, renew, and validate the license. If TechAid Labs does not receive the recurring subscription payment or cannot validate the license periodically, then the Software may become inactive without additional notice until TechAid Labs receives the payment or validates the license.
3.3 Lifetime License: Lifetime subscription is limited to 7 years as we calculate the average time span of a computer life. Lifetime subscription product can't be transfer to a different computer and will not be updated with any upcoming new features. But you will receive automated software version updates and data base updates. You can enjoy all minor software updates, however for the major upgrade, you need to purchase the latest version of the software. With a Lifetime license, you get one-year complimentary support from the date of purchase.
4. SOFTWARE SUPPORT
Support will only be provided to only license customer for a period of 1 Year from the date of purchase. Queries regarding the installation and use of the software should be submitted by e-mail which get responded usually within 24 Business Hours. Free Technical Support is provided for 1 Year from the date of purchase, if your license term is greater than 1 year then you may avail Technical Support by paying additional fee applicable at that time. Paid support can be purchased for Lifetime License only upto a maximum period of next 1 years.
5. INTELLECTUAL PROPERTY OWNERSHIP
The Software and any authorized copies that Customer makes are the intellectual property of and are owned by TechAid Labs. The structure, organization, and source code of the Software are the valuable trade secrets and confidential information of TechAid Labs (OPC) Pvt LTD. The Software is protected by law, including but not limited to the copyright laws of the India, United States and other countries, and by international treaty provisions. Except as expressly stated herein, this agreement does not grant Customer any intellectual property rights in the Software. All rights not expressly granted are reserved by TechAid Labs.
6. RESTRICTIONS & REQUIREMENTS
6.1 Proprietary Notices. Any permitted copy of the Software (including without limitation Documentation) that Customer makes must contain the same copyright and other proprietary notices that appear on or in the Software.
6.2 Use Obligations. Customer agrees that it will not use the Software other than as permitted by this agreement and that it will not use the Software in a manner inconsistent with its design or Documentation.
6.3 No Modifications. Customer shall not modify, adapt, tamper with, translate or create Derivative Works of the Software or the Documentation; combine or merge any part of the Software or Documentation with or into any other software or documentation; or refer to or otherwise use the Software as part of any effort to develop software (including any routine, script, code, or program) having any functional attributes, visual expressions or other features similar to those of the Software to compete with TechAid Labs; except with TechAid Labs’s prior written permission, publish any performance or benchmark tests or analysis relating to the Software;
6.4 No Reverse Engineering. Customer shall not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software.
6.5 No Unbundling. The Software may include various applications and components, may allow access to different TechAid Labs Online Channels, may support multiple platforms and languages, and may be provided to Customer on multiple media or in multiple copies. Nonetheless, the Software is designed and provided to Customer as a single product to be used as a single product on Computers as permitted herein. Unless otherwise permitted in the Documentation, Customer is not required to install all component parts of the Software, but Customer shall not unbundle the component parts of the Software for use on different Computers.
6.6 Customer will not remove, erase, obscure or tamper with any copyright or any other product identification or proprietary rights notices, seal or instructional label printed or stamped on, affixed to, or encoded or recorded in or on any Software or Documentation; or fail to preserve all copyright and other proprietary notices in all copies Company makes of the Software and Documentation;
6.7 Customer will not run or operate the Software in a cloud, Internet-based computing or similar on-demand computing environment unless Company’s Grant Letter or the applicable Product Entitlement Definitions specifically allows the use.
6.8 No Transfer. Customer will not rent, lease, sell, sublicense, assign, or transfer its rights in the software (including without limitation, software obtained through a web download), or authorize any portion of the software to be copied onto another individual or legal entity’s computer except as may be expressly permitted herein.
7. COPYRIGHT/OWNERSHIP
Customer acknowledges that all intellectual property rights in the Software and the Documentation anywhere in the world belong to, or are Licensed to TechAid Labs. The rights granted to you in the Software are licensed (not sold), and you have no rights in, or to, the Software or the Documentation other than the right to use them in accordance with the terms of this License. The Software, its source code and Documentation are proprietary products of TechAid Labs (OPC) Pvt LTD (“TechAid Labs”) to provide the License and are protected by copyright and other intellectual property laws. TechAid Labs shall at all times retain all rights, title, interest, including intellectual property rights, in the Software or Documentation.
8. WARRANTIES
The licensed software (excluding the media on which it is distributed) and all TechAid Labs related websites and services are provided to licensee ‘AS IS’ and “AS AVAILABLE,” and TechAid Labs and its suppliers and licensors make NO WARRANTY as to their use or performance. TechAid Labs and its suppliers and licensors make NO WARRANTIES OR REPRESENTATIONS (express or implied, whether by statute, common law, custom, usage, or otherwise) as to any matter including without limitation to quality, availability, performance or functionality of the licensed software or any related TechAid Labs websites or services; quality or accuracy of any information obtained from or available through use of the licensed software or related TechAid Labs websites or services; any representation or warranty that the use of the licensed software or any related TechAid Labs websites or services will be uninterrupted or always available (whether due to internet failure or otherwise), error-free, free of viruses or other harmful components or operate on or with any particular hardware, platform or software; non-infringement of third-party rights, merchantability, integration, satisfactory quality, or fitness for any particular purpose, except for, and only to the extent, that a warranty may not be excluded or limited by applicable law in licensee’s jurisdiction.
9. DATA PROTECTION
You understand that by using the Licensed Software, you consent and agree to the collection and use of certain information about you and your use of the Licensed Software in accordance with TechAid Labs’s Privacy Policy. You further consent and agree that TechAid Labs may collect, use, transmit, process and maintain information related to your Account, and any devices or computers registered thereunder, for purposes of providing the Licensed Software, and any features therein, to you. Information collected by TechAid Labs when you use the Licensed Software may also include technical or diagnostic information related to your use that may be used by TechAid Labs to support, improve and enhance TechAid Labs’s products and services. For more information please read our full privacy policy at “https://techaidlabs.com/privacy”, on the section Privacy Policy. You further understand and agree that this information may be transferred to the United States, EU Countries and/or other countries for storage, processing and use by TechAid Labs, its affiliates, and/or their service providers. You hereby agree and consent to TechAid Labs’s and its partners’ and licensors’ collection, use, transmission, processing and maintenance of such location and account data to provide and improve such features or services.
10. INTERNET CONNECTIVITY & PRIVACY
10.1 Automatic Connections to the Internet. The Software may cause Customer’s Computer, without notice, to automatically connect to the Internet and to communicate with TechAid Labs website or TechAid Labs domain for purposes such as license validation and providing Customer with additional information, features, or functionality. Unless otherwise specified in Sections 10.2 through 10.5, the following provisions apply to all automatic Internet connections by the Software:
10.1.1 Whenever the Software makes an Internet connection and communicates with a TechAid Labs website, whether automatically or due to explicit user request, the Privacy Policy shall apply. TechAid Labs Privacy Policy allows tracking of website visits and it addresses in detail the topic of tracking and use of cookies, web beacons, and similar devices.
10.1.2 Whenever the Software connects to TechAid Labs over the Internet, certain Customer information is collected and transmitted by the Software to TechAid Labs pursuant to the TechAid Labs Online Privacy Policy available at https://techaidlabs.com/ under Privacy Policy section.
10.1.3 If Customer accesses TechAid Labs Online Service or activates or registers the Software, then additional information such as Customer’s ID, user name, and password may be transmitted to and stored by TechAid Labs pursuant to the Privacy Policy and additional terms of use related to such TechAid Labs Online Service.
10.1.4 TechAid Labs, unless barred under applicable law, may (a) send Customer transactional messages to facilitate the TechAid Labs Online Service or the activation or registration of the Software or TechAid Labs Online Service, or (b) deliver in-product marketing to provide information about the Software and other TechAid Labs products and Services using information including but not limited to platform version, version of the Software, license status, and language.
10.2 Updating. The Software may cause Customer’s Computer, without additional notice, to automatically connect to the Internet (intermittently or on a regular basis) to (a) check for Updates that are available for download to and installation on the Computer and (b) notify TechAid Labs of the results of installation attempts.
10.3 Activation. The Software may require Customer to (a) obtain TechAid Labs Software Activation Key, (b) activate or reactivate the Software, (c) register the software, or (d) validate the Ownership. Such requirement may cause Customer’s Computer to connect to the Internet without notice on install, on launch, and on a regular basis thereafter. Once connected, the Software will collect and transmit information to TechAid Labs. Software or Customer may also receive information from TechAid Labs related to Customer’s license, subscription, or Ownership. TechAid Labs may use such information to detect or prevent fraudulent or unauthorized use not in accordance with a valid license, subscription, or Ownership. Failure to activate or register the Software, validate the subscription or Ownership, or a determination by TechAid Labs of fraudulent or unauthorized use of the Software may result in reduced functionality, inoperability of the Software, or a termination or suspension of the subscription or Ownership.
10.4 Use of Online Services. The Software may cause Customer’s Computer, without additional notice and on an intermittent or regular basis, to automatically connect to the Internet to facilitate Customer’s access to content and services that are provided by TechAid Labs or third parties. In addition, the Software may, without additional notice, automatically connect to the Internet to update downloadable materials from these online services so as to provide immediate availability of these services even when Customer is offline.
10.5 Digital Certificates. The Software uses digital certificates to help Customer identify downloaded files (e.g., applications and/or content) and the publishers of those files. For example, TechAid Labs uses digital certificates to help Customer identify the publisher of TechAid Labs applications. Customer’s Computer may connect to the Internet at the time of validation of a digital certificate.
11. LIMITATION OF LIABILITY
In no event shall TechAid Labs or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the software product or the provision of or failure to provide support services, even if TechAid Labs has been advised of the possibility of such damages. In any case, TechAid Labs’s entire liability under any provision shall be limited to the amount actually paid by you for the software product or a sum of US Dollars Five whichever is higher.
12. TERMINATION
If Customer breaches this EULA, and fails to cure any breach within 30 calendar days after request from TechAid Labs, TechAid Labs may terminate this EULA, whereupon all rights granted to Customer shall immediately cease including but not limited to the license granted to the customer to use the software which shall also stand revoked. Furthermore, upon termination, Customer shall return to TechAid Labs all copies of the Licensed Software, or verify in writing that all copies of the Licensed Software have been destroyed and failure of the customer to do so would entitle TechAid Labs to sue for relief in equity and damages.
13. JURISDICTION AND LAW
13.1 This EULA is subject to, and will be governed by and construed in accordance with the substantive laws applicable to the court of India. Courts at India, alone shall have the jurisdiction to entertain any dispute arising out of the terms and conditions of this EULA and you consent to such jurisdiction of the courts at India.
13.2 This EULA will not be governed by the conflict of law rules of any jurisdiction, or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
14. GENERAL
14.1 This License is the complete statement of the agreement between the parties on the subject matter and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements.
14.2 The exclusions of warranties and liability limitations shall survive the termination of this EULA, howsoever caused; but this survival shall not imply or create any continued right to use the Licensed Software after termination of this EULA.
14.3 Licensee shall not ship, transfer, or export Licensed Software into any country or use Licensed Software in any manner prohibited by the applicable export control laws, notably where applicable, the United States Export Administration Act, restrictions, or regulations (collectively the ‘Export Laws’.) All rights to use the Licensed Software are granted on condition that Licensee complies with the Export Laws, and all such rights are forfeited if Licensee fails to comply with the Export Laws.
14.4 TechAid Labs reserves all rights not expressly granted to Licensee by this EULA All rights are reserved under the copyright laws of India,United States Of America and/or of other countries, to TechAid Labs (OPC) Pvt LTD, having its registered office at India.
14.5 There are no third party beneficiaries of any promises, obligations or representations made by TechAid Labs herein.
14.6 Any waiver by TechAid Labs of any violation of this License by you shall not constitute nor contribute to a waiver by TechAid Labs of any other or future violation of the same provision or any other provision of this License.
14.7 This EULA constitutes the entire agreement between you and TechAid Labs and it supersedes all prior or contemporaneous representations, discussions.