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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, Chennai, India, 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 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 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: 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 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: 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: 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: 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. 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.
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7. Disclaimer: This Software is given free of cost for the benefit of the mobile
users and hence DEXTEROUS will not be liable for any malfunction, error, loss of
data, or any problem of whatsoever nature that may arise by use of the Software.
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8. Limitation of Liability: As the Software is provided free of cost for the end
Mobile users, 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 dexterous has been
advised of the possibility of such loss or damage. The foregoing limitations will
survive and apply even if limited remedy if any specified in this agreement is found
to have failed of its essential purpose.
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9. Export Law: 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: 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: 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 DEXTEROUS
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 ordering document before downloading the Software 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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12. Jurisdiction: In case of any disputes that arise between the parties herein
only courts in Chennai, India shall have exclusive jurisdiction over the other courts.
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13. Contact Information: If you have any questions regarding this Agreement, you
may contact support@dexmobile.com.
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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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