This is a legal agreement ("the Agreement") between you and VMukti Solutions Pvt. Ltd. ("VMUKTI"). This Agreement pertains to your use of the VMUKTI software, technology, programs, documentation and updates which are provided to you by VMUKTI (collectively, "the Software"). Please carefully read the terms and conditions below. If you do not agree to the terms of this Agreement, DO NOT click the "I Accept" button. By clicking on the "I Accept" button, you are consenting to, and agreeing to be bound by, the terms of this Agreement.

Principal Terms

No Emergency Calls: by entering into this EULA, You acknowledge and agree that the Software and Service are not and do not intend to support or carry emergency calls.

Jurisdiction’s Restrictions: if You are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this agreement according to age and You are under such a jurisdiction and under such age limit, You may not enter into this EULA and download, install or use the Software or Service. Furthermore, if You are residing in a jurisdiction where it is forbidden by law to offer or use software for internet telephony, You may not enter into this EULA and You may not download, install or use the Software or Service. By entering into this EULA You explicitly state that You have verified in Your own jurisdiction if Your use of the Software and Service is allowed.

Definitions

"Authorized System" means a computer that runs an operating system that supports the Software and which is owned and/or operated by you for your internal use. 

"Intellectual Property Rights" means any and all intellectual property rights, including but not limited to copyrights, trademarks and patents, as well as know how and trade secrets contained in or relating to the Software or Service or www.vmukti.com. 

General Terms 

License and Reservation of Rights. This Agreement grants you a internal , worldwide, non-exclusive, non-transferable, non-sublicensable right to use one copy of the Software for your own internal use. VMUKTI reserves all rights in the Software not expressly granted herein, including without limitation ownership and proprietary rights.

License Restrictions. You may not reproduce or distribute the Software for any purpose except for written approval by VMUKTI. Without limiting the foregoing, you may not copy or upload the Software or any part thereof to any server or location for reproduction or distribution. You may not reverse engineer, decompile or disassemble the Software. The restrictions contained herein apply equally to any updates to the Software that you may obtain.

Exclusive Ownership. You acknowledge and agree that any and all Intellectual Property Rights are and shall remain the exclusive property of VMUKTI and its licensors. Nothing in this EULA intends to transfer any Intellectual Property Rights to, or to vest any Intellectual Property Rights in, You. You are only entitled to the limited use of the Intellectual Property Rights granted to You in this EULA. You will not take any action to jeopardize, limit or interfere with the Intellectual Property Rights. You acknowledge and agree that any unauthorized use of the Intellectual Property Rights is a violation of this EULA as well as a violation of intellectual property laws, including without limitation copyright laws and trademark laws. 

Transfer; Duplication. You may not sell, assign, rent, lease, lend, distribute, export, import or sublicense the Software. You may (a) make one copy of the Software for backup or archival purposes, or (b) transfer the Software to a single hard disk of each Authorized System, provided you keep the original solely for backup or archival purposes. Copies of the Software must include all copyright or other proprietary notices contained on the original. You may print one copy of all documentation provided in electronic or online format. Except as and only to the extent expressly permitted in this EULA or by applicable law, you may not copy, decompile, reverse engineer, disassemble, hack, modify, or create derivative works of the Software or any part thereof. 

Your Confidential Information and Your Privacy. VMUKTI is committed to respecting Your privacy and the confidentiality of Your personal data. The "Privacy Policy" that is published on the www.vmukti.com applies to the use of Your personal data, the traffic data as well as the content contained in Your communication(s).

Lawful Purposes. You acknowledge and agree to use the Software solely for lawful purposes. In this respect You may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for You, (b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Software or the communication, or (c) send any unsolicited commercial communication not permitted by applicable law. 

Termination. This EULA is effective until terminated. VMUKTI may terminate this EULA at any time, with or without cause, by providing notice to You and/or by preventing Your access to the Software or Service. Your rights under this EULA will terminate automatically without notice from VMUKTI if you fail to comply with any term(s) of this EULA. Upon the termination of this EULA, you shall cease all use of the Software and destroy all copies, full or partial, of the Software. 

Limitation of Liability. IN NO EVENT SHALL VMUKTI, ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, AGENTS, PARTNERS, OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY IN ANY RESPECT FOR ANY COSTS OR DAMAGES ARISING EITHER DIRECTLY OR INDIRECTLY FROM THE USE OF THE SOFTWARE INCLUDING WITHOUT LIMITATION ANY ACTUAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, RELIANCE OR SPECIAL DAMAGES, OR FOR ANY LOSS OF REVENUE, PROFITS, USE, DATA, GOODWILL OR BUSINESS OPPORTUNITIES OF ANY KIND OR NATURE WHATSOEVER, ARISING IN ANY MANNER FROM ANY CAUSE OF ACTION OR CLAIM RELATING TO THIS AGREEMENT OR TO THE SOFTWARE OR TO THE USE OR INSTALLATION OF THE SOFTWARE. THIS LIMITATION OF LIABILITY APPLIES EQUALLY TO ANY THIRD PARTIES WITH WHOM VMUKTI ENTERS INTO A BINDING AGREEMENT TO MARKET, DISPLAY AND/OR DISTRIBUTE THE SOFTWARE TO END USERS AND SUCH THIRD PARTIES SHALL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY OF THE DAMAGES SET FORTH ABOVE.

Indemnification. You agree to indemnify, defend and hold VMUKTI harmless from and against any and all liability and costs, including reasonable attorneys’ fees incurred by said parties, in connection with or arising out of Your (a) violation or breach of any term of this EULA or any applicable law, regulation, policy or guideline, whether or not referenced herein, or (b) violation of any rights of any third party, or (c) use or misuse of the Software or Service, or (d) communication spread by means of the Software or Service. 

Disclaimer of Warranties. You expressly acknowledge and agree that use of the Software is at your sole risk AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, The Software is provided "AS IS", WITH ALL FAULTS and without warranty of any kind, and VMUKTI HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. INEEN DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY INEEN OR AN INEEN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Remedy. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SOFTWARE OR SERVICE IS TO DEINSTALL AND CEASE USE OF SUCH SOFTWARE OR SERVICE.  

Intellectual Property Rights and Third Party Materials. All service marks, logos, trade names, trade dress, and trademarks of VMUKTI (collectively "Marks") incorporated into the Software are the exclusive property of VMUKTI and nothing in this Agreement shall grant you a license to use such Marks. All intellectual property rights in the Software, including without limitation all computer code, audio, graphics, multimedia, images, sounds, and text incorporated into the Software, are owned exclusively by VMUKTI and are protected by Indian copyright laws and international copyright treaty provisions. Any unauthorized use or appropriation of the intellectual property embodied in or incorporated into the Software is expressly prohibited by law and may result in severe civil and criminal penalties. Additionally, other marks that appear on VMUKTI's web sites may belong to third parties that are not affiliated with VMUKTI. Links available on the web site may enable you to leave the VMUKTI site. VMUKTI does not control or endorse the content of third party web sites. The linked sites are not under the control of VMUKTI, and VMUKTI is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. You are responsible for taking all precautions to ensure that whatever page, program or download links you follow, whether on VMUKTI's web sites or the sites of third parties, are free of viruses, worms, Trojan horses, and other items of a contaminating, malicious or destructive nature.

Export Law Assurances. You may not use or otherwise export or reexport the Software except as authorized by Indian law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into (or to a national or resident of) any Indian embargoed countries or (b) to anyone on the indian list of Specially Designated Nationals or the Indian Department of Commerce Denied Person’s List or Entity List. By using the Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

New versions of the EULA. VMUKTI reserves the right to modify this EULA at any time by providing such revised EULA to You or by publishing the revised EULA on www.vmukti.com. Your continued use of the Software or Service shall constitute Your acceptance to be bound by the terms and conditions of the revised EULA. 

Partial Invalidity. Should any term or provision hereof be deemed invalid, void or enforceable either in its entirety or in a particular application, the remainder of this EULA shall nonetheless remain in full force and effect.

No waiver. The failure of VMUKTI at any time or times to require performance of any provisions hereof shall in no manner affect its right at a later time to enforce the same unless the same is explicitly waived in writing and signed by VMUKTI.

No Assignment by You. You are not allowed to assign this EULA or any rights hereunder. 

Assignment by VMUKTI. VMUKTI is allowed to at its sole discretion assign this EULA or any rights hereunder to any Affiliate, without giving prior notice.

Controlling Law and Severability. This EULA Agreement shall be governed by and construed in accordance with the laws of the State of Gujarat, India, exclusive of its conflict of law provisions. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.  If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this EULA shall continue in full force and effect. Any Legal action or proceeding relating to the solution or services provided directly or indirectly by Adiance shall be instituted in a court of Ahmedabad Gujarat India only. It shall be the responsibility of the customer to follow the law of land of India and its country and shall always hold harmless and indemnify Adiance in that regard.

Complete Agreement; Governing Language. This EULA constitutes the entire agreement between the parties with respect to the use of the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this EULA will be binding unless in writing and signed by VMUKTI. Any translation of this EULA is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this EULA shall govern.