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Please read the following terms and conditions of this license agreement carefully
before downloading, installing or using the dexterous mobile software or any accompanying
documentation (collectively, the "software"). The terms and conditions
of dexterous mobile software license agreement ("agreement") govern your
use of the software unless you and dexterous have executed a separate agreement
pertaining to the software. |
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Dexterous Infoway Pvt., Ltd., and/or its subsidiaries (hereinafter referred to as
DEXTEROUS) is willing to license the software to you as the individual,
the company or the legal entity that will be utilizing the software (hereinafter
referred to as you or your) only upon the condition that you accept all the terms
contained in this agreement. By clicking on the "I Accept"
button below or by downloading, installing or using the software, you have indicated
that you understand this agreement and accept all of its terms. This is a legally
enforceable contract between you and Dexterous. If you do not accept or agree to
the terms of this agreement, please click the "I Do Not Agree"
button and the installation process will stop; do not then download, install, copy,
access or make any other use of the software. If you do not accept all the terms
of this Agreement, then DEXTEROUS is unwilling to license the Software to you. |
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1. Grant of License: |
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Subject to your compliance with the terms and conditions of this Agreement, DEXTEROUS
grants you a non-exclusive and non-transferable license for you, as a single user,
to install and use the executable form of the Software on a single mobile computer
device owned by you, solely for your personal, non-commercial use. You may make
a single copy of the Software for backup purposes, provided that you reproduce on
it all copyright and other proprietary notices that are on the original copy of
the Software. DEXTEROUS reserves all rights in the Software not expressly granted
to you in this Agreement. If DEXTEROUS provides you with any update to the Software
("Update"), your use of such Update will be governed by the terms and
conditions of this Agreement or other agreement that is applied to such Update. |
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2. Restrictions: |
Except as expressly specified in this Agreement, you may not:
(i) copy or modify the Software;
(ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Software
to any third party; or
(iii) make the functionality of the Software available to any other user through
any means, including, without, limitation, by uploading the Software to a network
or file-sharing service or through any hosting, application services provider, service
bureau or any other type of services.
You may only use the Software in connection with your mobile alone and you may not
use the Software for any illegal activity. You acknowledge and agree that portions
of the Software, including, without limitation, the source code and the specific
design and structure of individual modules or programs, constitute or contain trade
secrets of DEXTEROUS and its licensors. Accordingly, you shall not disassemble,
decompile, "hack" or otherwise reverse engineer the Software, in whole
or in part, or permit or authorize a third party to do so, except to the extent
such activities are expressly permitted by law notwithstanding this prohibition.
You acknowledge and agree that you are solely responsible for any data or mobile
telecommunications charges incurred by you as a result of your use of the Software,
and you shall comply with the terms and conditions of any data, telecommunications,
Internet, broadcast or broadband service provider in connection with your use of
the Software. |
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3. Ownership: |
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The Software is licensed, not sold. DEXTEROUS retains ownership of the Software,
including all intellectual property rights therein. The Software is protected by
Indian intellectual property law and international treaties. You will not delete
or in any manner alter the copyright, trademark, and other proprietary rights notices
or markings appearing on the Software as delivered to you. |
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4. Support: |
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If you encounter any problems using the Software, please contact
www.the-DStudio.com for support information. DEXTEROUS will use commercially
reasonable efforts to respond to any problems you may encounter using the Software. |
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5. Term:
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This Agreement remains effective until terminated. You may terminate this Agreement
at any time by destroying all copies of the Software in your possession or control.
This Agreement will automatically terminate without notice if you breach any term
of this Agreement, in which case you must promptly destroy all copies of the Software
in your possession or control. |
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6. Limited Warranty: |
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If the Software is provided to you on physical media, then DEXTEROUS warrants that
the media on which the Software is provided will be substantially free from defects
in material and workmanship for 30 days after the date of your purchase the Software.
DEXTEROUS shall replace any defective media returned to DEXTEROUS within that 30-day
period. Also, DEXTEROUS warrants for 30 days following the date of purchase or download
that the Software will substantially perform in accordance with Dexterous’s
published documentation. DEXTEROUS shall, at its option, correct the Software or,
replace such non-conforming Software free of charge. The foregoing are your sole
and exclusive remedies, and Dexterous’s sole and exclusive liabilities, for
breach of warranty. DEXTEROUS does not warrant that the Software will meet your
requirements, that the Software will operate in the combinations that you may select
for use, that the operation of the Software will be error-free or uninterrupted,
or that all Software errors will be corrected. The warranties set forth in this
Section 6 do not apply to the extent that (i) DEXTEROUS provides you with the Software
(or portions of the Software) for beta, evaluation, testing or demonstration purposes
or (ii) you have not properly used or installed the Software in accordance with
Dexterous’s published documentation. |
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7. Disclaimer:
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THE LIMITED WARRANTIES SET FORTH IN THE ABOVE PARA ARE IN LIEU OF, AND DEXTEROUS
EXPRESSLY DISCLAIMS, ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING
ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE
OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED FROM DEXTEROUS OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY
STATED IN THIS AGREEMENT. Some jurisdictions do not allow limitations on how long
an implied warranty last, in that case the above limitation may not apply to you.
All warranties implied by statute are limited to the duration of the express warranty
set forth above. |
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8. Limitation of Liability: |
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Dexterous’s TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL
THEORIES OF LIABILITY WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID BY
YOU FOR THE SLINGBOX. IN NO EVENT WILL DEXTEROUS BE LIABLE TO YOU FOR ANY SPECIAL,
INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE,
DATA, BUSINESS OR PROFITS) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS ARISING
OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE SOFTWARE,
WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT DEXTEROUSHAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS
WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS
FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow the
limitation or exclusion of liability for incidental or consequential damages, so
the above limitation or exclusion may not apply to you. |
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9. Export Law: |
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You agree to comply fully with all Indian export laws and regulations to ensure
that neither the Software nor any technical data related thereto nor any direct
product thereof are exported or re-exported directly or indirectly in violation
of, or used for any purposes prohibited by, such laws and regulations. |
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10. Remedy For Breach:
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You agree and acknowledge not to disassemble, tamper, decompile, "hack"
or otherwise reverse engineer the Software, in whole or in part, or permit or authorize
a third party to do so. In the event of breach of the above, you acknowledge that
it would cause huge loss, irreparable injury and damage to DEXTEROUS which cannot
be reasonably or adequately compensated by damages in any action at law. You expressly
agree that DEXTEROUS shall be entitled to injunctive, punitive and other equitable
relief in the event of such breach or to prevent such breach. Resort to such equitable
relief, however, shall not be construed to be a waiver of any other rights or remedies
that the DEXTEROUS may have for damages or otherwise. |
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11. General: |
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This Agreement will be governed by and construed in accordance with the laws of
the India, without regard to or application of conflicts of law rules or principles.
You may not assign or transfer this Agreement or any rights granted hereunder, by
operation of law or otherwise, without DEXTEROUS's prior written consent, and any
attempt by you to do so, without such consent, will be void-ab-initio and of no
effect. Except as expressly set forth in this Agreement, the exercise by either
party of any of its remedies under this Agreement will be without prejudice to its
other remedies under this Agreement or otherwise. All notices or approvals required
or permitted under this Agreement will be in writing and delivered by confirmed
facsimile transmission, by overnight delivery service, or by certified mail, and
in each instance will be deemed given upon receipt. All notices or approvals will
be sent to the addresses set forth in the applicable ordering document or invoice
or to such other address as may be specified by either party to the other in accordance
with this section. The failure by either party to enforce any provision of this
Agreement will not constitute a waiver of future enforcement of that or any other
provision. Any waiver, modification or amendment of any provision of this Agreement
will be effective only if in writing and signed by authorized representatives of
both parties. If any provision of this Agreement is held to be unenforceable or
invalid, that provision will be enforced to the maximum extent possible and the
other provisions will remain in full force and effect. This Agreement is the complete
and exclusive understanding and agreement between the parties regarding its subject
matter, and supersedes all proposals, understandings or communications between the
parties, oral or written, regarding its subject matter, unless you and DEXTEROUS
have executed a separate agreement pertaining to the subject matter hereof. Any
terms or conditions contained in your purchase order or other ordering document
that are inconsistent with or in addition to the terms and conditions of this Agreement
are hereby rejected by DEXTEROUS and will be deemed null and void and of no effect.
The original of this Agreement has been written in English, and that version will
govern.
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Windows Mobile software platform is a trademark of Microsoft Corporation. The names
RIM © and Blackberry © are registered Trademarks of Research In Motion
Limited. All other logo's and trademarks are property of their respective owners. |
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