i GET IT Software License Agreement
1. License
The software (including Boot ROM code), documentation and all content accompanying this License whether on disk, in read only memory, on any other media or in any other form (the “IGETIT Software”) are licensed to you by Tata Technologies iKS, Inc. or its local subsidiary, if any (”Tata Technologies”). You own the media on which the IGETIT Software is recorded but Tata Technologies and/or Tata Technologies’s licensor(s) retain title to the IGETIT Software. The IGETIT Software in this package and any copies which this License authorizes you to make are subject to this License. Title and intellectual property rights in and to any content displayed by or accessed through the IGETIT Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual laws and treaties, and may be subject to terms of use of the third party providing such content. This License does not grant you any rights to use such content.
2. Permitted Uses and Restrictions.
This License allows you to install and use the IGETIT Software on a single computer at a time. This License does not allow the IGETIT Software to exist on more than one computer at a time. You may make one copy of the IGETIT Software (excluding the Boot ROM code) in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original. Except as expressly permitted in this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute or create derivative works based upon the IGETIT Software in whole or part or transmit the IGETIT Software over a network or from one computer to another. Each individual that intends to use the IGETIT Software must have their own personal account. You are permitted to create, administrate, and maintain XX individual accounts. Accounts can never be shared or accessed by another person who is not the registered user of the account. Although Tata Technologies will not be liable for your loses caused by any unauthorized use of your account(s), you may be liable for the loses of Tata Technologies and others due to such unauthorized use. The use of the IGETIT Software (either installed on your computers or accessed via the Internet (www.myigetit.com or similar) is subject to the Terms of Use (a copy of which can be reviewed by selecting Terms of Use from the main www.myigetit.com site). You agree that the Terms of Use apply to you and all users of IGETIT Software within your organization. You may not rent, lease, lend or sublicense the IGETIT Software. If an IGETIT Software update completely replaces (full install) a previously licensed version of the IGETIT Software, you may not use both versions of the IGETIT Software at the same time. Your rights under this License will terminate automatically without notice from IGETIT if you fail to comply with any term(s) of this License.
3. Limited Warranty on Media (if applicable).
Tata Technologies warrants the media on which the IGETIT Software is recorded to be free from defects in materials and workmanship under normal use for a period of thirty (30) days from the date of original retail purchase. Your exclusive remedy under this paragraph shall be, at Tata Technologies’s option, a refund of the purchase price of the product containing the IGETIT Software or replacement of the IGETIT Software which is returned to Tata Technologies or an Tata Technologies authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. Tata Technologies SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION
4. Disclaimer of Warranty on IGETIT Software.
You expressly acknowledge and agree that use of the IGETIT Software is at your sole risk. The IGETIT Software is provided “AS IS” and without warranty of any kind and Tata Technologies and Tata Technologies’s licensor(s) (for the purposes of provisions 4 and 5, Tata Technologies and Tata Technologies’s licensor(s) shall be collectively referred to as “Tata Technologies”) EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. Tata Technologies DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE IGETIT SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE IGETIT SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE IGETIT SOFTWARE WILL BE CORRECTED. FURTHERMORE, Tata Technologies DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE IGETIT SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Tata Technologies OR A Tata Technologies AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE IGETIT SOFTWARE PROVE DEFECTIVE, YOU (AND NOT Tata Technologies OR AN Tata Technologies AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING Tata Technologies PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY Tata Technologies’S NEGLIGENCE.
5. Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Tata Technologies BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Tata Technologies’s total liability to you for all damages exceed the amount of fifty dollars ($50.00).
6. Export Law Assurances.
You may not use or otherwise export or reexport the IGETIT Software except as authorized by United States law and the laws of the jurisdiction in which the IGETIT Software was obtained. In particular, but without limitation, the IGETIT Software may not be exported or reexported (i) into (or to a national or resident of) any U.S. embargoed country or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders. By using the IGETIT 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.
7. Government End Users.
If the IGETIT Software is supplied to the United States Government, the IGETIT Software is classified as “restricted computer software” as defined in clause 52.227-19 of the FAR. The United States Government’s rights to the IGETIT Software are as provided in clause 52.227-19 of the FAR.
8. Controlling Law and Severability.
This License shall be governed by the laws of the United States and the State of Colorado. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect
9. Third Party Notices and Conditions.
Portions of the IGETIT Software utilize or include references to third party software and other copyrighted material. Your use of such material is governed by their respective terms
10. Termination.
This License is effective for a period of one year from the maintenance start date described on the associated Purchase Order for IGETIT Software. If a date is not specified, then the period is one year from the date of delivery of IGETIT Software to you. This License will be automatically renewed for successive one year periods upon receipt of an acceptable Purchase Order and payment for IGETIT Software maintenance. Your rights under this License will terminate automatically without notice from Tata Technologies if you fail to comply with any term(s) of this License. Upon termination of this License, you shall cease all use of the IGETIT Software and destroy all copies, full or partial, of the IGETIT Software.
11. Complete Agreement.
This License constitutes the entire agreement between the parties with respect to the use of the IGETIT Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Tata Technologies