End User License Agreement – ITAM

PLEASE READ THIS END USER LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE ACCESSING, CONSUMING OR OTHERWISE USING THE APPLICABLE PRODUCT WHICH MAY INCLUDE SOFTWARE AND/OR SERVICES AND/OR DOCUMENTATION THEREOF. THIS IS A LEGAL AGREEMENT BETWEEN M/S STACKUP TECHNOLOGY SOLUTIONS PVT LTD AND YOU, AS AN INDIVIDUAL OR ENTITY, THE “CUSTOMER” AND END USER. BY CLICKING YOUR ASSENT OR USING OR ACCESSING OR CONSUMING SOFTWARE OR SERVICES, YOU SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF THIS AGREEMENT AND ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND THE TERMS IN TOTALITY AND BOUND BY THE TERMS. AN INDIVIDUAL ACTING ON BEHALF OF AN ENTITY REPRESENTS THAT HE OR SHE HAS THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THAT ENTITY. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE OR SERVICES. THIS AGREEMENT IS EFFECTIVE FROM THE DATE OF USAGE OF THE SOFTWARE OR SERVICES BY YOU.

1. This agreement enables Stackup to provide Customer the Product or Services or consulting or software or subscription or support activities as procured by the customer directly or through authorized distributors or channel partners.
2. License Grant. This agreement grants you, the user, a non exclusive, non transferable, revocable license to use one (1) instance of the product or software or services, in one (1) device, in object or binary or execution code. The product or service to be used in accordance with the product or service terms you have purchased. This agreement and product or service terms can be updated from time to time, in Stackup ‘s sole discretion and will be made available at web site.
3. The product or software is only licensed to use, not sold. Customer may use the product or software or service only for their internal business purpose and not for the purposes of any third party or renting or sharing in any form or commercial hosting or sell or sub-license purposes. Customer should not decompile, disassemble, reverse engineer or modify in any manner, any of the product or software or services feature. Customer shall not make available the product or software or your license file on any type of public sharing website or forums. Customer shall not use the product or software or service in violation of any applicable laws or regulations. You agree that you may not disclose, transfer or otherwise make available the results of any performance or functionality tests of the product or software or service, to any third party without the prior written consent of Stackup.
4. Stackup retains all right, title and interest to the product or software or service, including all intellectual property rights, registered or unregistered, and wherever in the world those rights may exist. Rights include the ideas, methods, concepts, know-how, structures, techniques, inventions, developments, processes, discoveries, improvements, graphics, user and visual interfaces, design, structure, selection, coordination, expression, “look and feel”, arrangement, trademark, logo and other distinctive brand features. This Agreement does not permit you, the customer to distribute any product or service. There are no implied rights or licenses in this Agreement. All rights are expressly reserved by Stackup.
5. Technical information collection. You agree that Stackup may, for improving the product or service, business purposes, providing technical support on any form, collect, process and use technical information. The information comprises of the data you provide, gathered by product or service upon usage. By providing such data or information to Stackup, you consent to storage and processing of such information. Any information collected is deemed confidential and will only be used by Stackup to enhance the quality of the product or service. Stackup shall, for operational or reference or identification purpose shall identify customer associated with the purchase, but not the data or information gathered.
6. Intellectual Property Rights. All rights, title and interest to the intellectual property rights in and to the product or software or service, are owned by Stackup and is protected by Copyright.
7. Each party receiving Confidential Information (“Recipient”) from the party disclosing such information (“Discloser”) shall use Confidential Information solely for the purpose of providing and receiving software and services under this Agreement. “Confidential Information” means information provided by the Discloser that is reasonably marked as “confidential”, identified as confidential at the time of disclosure, or reasonably known by Recipient to be confidential or should reasonably be expected to be known as confidential. For two (2) years after the termination of this Agreement Recipient shall hold Confidential Information in confidence and not disclose or use the Confidential Information, directly or indirectly, in any form, by any means, or for any purpose. Recipient shall only disclose the Confidential Information to its employees and affiliates to the extent such persons have a need to know such information for the purposes described in this Agreement and provided such parties shall be obligated in writing to comply with terms and conditions no less protective than those set forth. Confidential Information does not include information that is generally publicly available.
8. Third Party and Open Source Software. Open Source means various open source software components licensed under the terms of applicable open source license agreements. Open Source Software comprises of individual software components, each of which has its own copyright and its own applicable license conditions. Portions of the product or software are subject to the provisions of a open source license. By using the product or software, the customer agree and abide to the open source license terms, copyright thereof. Current list of Open Source Software and third party software components used by Stackup is listed in website.
9. Limited warranty. Each party represents and warrants that: (a) it has the full power and authority to enter into this Agreement and to carry out its obligations under this Agreement; and (b) it has complied and will in the future comply, with all applicable laws in connection with the execution, delivery and performance of this Agreement. Stackup warrants that it has sufficient ownership or authority on accounts of it’s product or software creation, to grant to customer the usage license of the product or software or service.
10. Disclaimer of warranty. The product or software or service is licensed ‘as is’. To the maximum extent permitted by your local laws, customer bear the entire risk as to the product or service ‘s quality and performance. Should it prove defective, customer assume the entire cost of all servicing or repair. Stackup does not give any warranties, guarantees or conditions, explicit and implied, including those of free from defects, merchantability, fitness for a particular purpose and non-infringement for the product or software or service functionality or deliverable. If your local laws impose a warranty, guarantee or condition even though this agreement does not, its term is limited to 90 days from date of installation or usage commencement. If Stackup breaches such a warranty, guarantee or condition, your sole remedy, at Stackup ‘s election is (a) repair or replacement or re-installation at no charge (b) refund of the amount paid, if any.
11. Disclaimer of Damages and liability. In no event shall Stackup be liable for any form of special, indirect, incidental or consequential damages of any kind relating to this agreement, product or software or service or documentation the use thereof. In no event shall Stackup be liable for any damages arising out of or in connection with any malfunctions, regulatory non compliance, delays, loss of data, loss of data transmission, loss of business or revenue or profits or data or savings or reputation or interruptions in service or good will or anticipatory in nature. Customer will not and waive any right to, seek any recovery of monetary or legal for any other damages arising out of this contract.
12. Customer support on technical issues shall be provided inline with the product or software or services or support terms and active support contract existence thereof. Support shall be provided on Stackup’s best effort basis and there is no liability or time line on Stackup to successfully remediate any issue faced by customer on usage of product or software or service.
13. Stackup may make changes of any kind to the product or service at it’s discretion at any point in time. Stackup may terminate the offering of product or service, fully or partial, of any kind on its own accordance at any point in time.
14. This agreement is non transferable. Customer may not assign or otherwise transfer this Agreement or any of its rights here under, nor delegate any of its obligations here under, to any other party.
15. This Agreement continues in force until terminated by mutual agreement, unless Customer or Stackup elects in writing to terminate it sooner due to the other party’s material breach of obligation, provided that the terminating party gives the breaching party at least 30 days written notice and opportunity to  cure. Upon termination, or expiration of the applicable subscription term, if any, customer must uninstall the product or software or service from customer’s computer systems. The following Sections survive termination: 3, 4, 5, 6, 7, 8, 9, 10.
16. This Agreement sets forth Stackup ‘s entire obligation and customer ‘s rights and obligations with respect to the product or software or service thereof. If any provision of this agreement is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforce ability of the other provisions of this agreement will not be affected. This agreement will be governed by laws of India. Force majeure – Stackup is not liable to customer for any failure any of its obligations under this agreement during any period in which the performance is delayed or halted by circumstances beyond it’s control. This agreement in digital form is equally treated as printed form with signature of authorized personnel from both the parties and is enforceable in court of law.