END USER LICENSE
AGREEMENT
IMPORTANT: THIS END USER LICENSE AGREEMENT (AGREEMENT) IS AN
AGREEMENT BETWEEN YOU (EITHER INDIVIDUAL OR A COMPANY) AND
TECHLINK INFOWARE PVT. LTD. WITH REGARD TO THE USE BY YOU OF
(TRADEANNEX® MOBILE APPLICATION) SOFTWARE FOR YOUR MOBILE
(DEVICE)
IF YOU ACQUIRE THE TRADEANNEX® MOBILE APPLICATION FOR YOUR
COMPANYS USE, YOU REPRESENT AND WARRANT THAT YOU ARE AN
AUTHORIZED REPRESENTATIVE WHO HAS THE AUTHORITY TO LEGALLY BIND
YOUR COMPANY TO THIS EULA.
BY PURCHASING , SUBSCRIBING TO, DOWNLOADING, INSTALLING, USING, OR
OTHERWISE ACCESSING THE TRADEANNEX® MOBILE APPLICATION, YOU
ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU
UNDERSTAND IT, THAT YOU AGREE TO BE BOUND BY ITS TERMS AND
CONDITIONS.
1. GRANT OF LICENSE
Subject to the terms and conditions set forth herein, in consideration for the
purchase price paid by you for the TRADEANNE Mobile Application,
Techlink Infoware Private Limited (hereinafter referred to as TIPL) and/or its
affiliated companies grants you a non-transferable, non-exclusive, and non-
sub-licensable limited right and license to view, use and access the
TRADEANNEX® Mobile application to receive solely for your informational
purposes and for your immediate, private, individual and noncommercial use.
If your original device becomes non-operational you may be permitted, at
TIPL, to make a transfer of the TRADEANNEX® Mobile Application to
another device. To make a request for such transfer, please contact the TIPL
customer support department writing to tradeannex@techlink.in or calling
+91-22-67221111.
2. CONSENT & PRIVACY
You hereby consent to the access, collection, and onward transmission of
your TRADEANNEX® account information by TIPL to the device and all such
account information shall be governed by TIPLs privacy policy from time to
time, and available at its website, https://www.tradeannex.com/
3. OWNERSHIP
You acknowledge and agree that TIPL owns all right, title, and interest in or,
if applicable, license to the TRADEANNEX® Mobile Application, including
but not limited to, all copyrights, trademarks, data, and content, except to the
extent any such third-party data provider. Any reference to products,
services, processes, and hypertext links to third parties or other data by
trade name, trademark, manufacturer, supplier, or otherwise does not
necessarily constitute or imply its endorsement, sponsorship, or
recommendation by TIPL or its licensors. Except as expressly stated in
clause 1 hereinabove, this agreement does not grant you any intellectual
property right in the TRADEANNE Mobile Application.
4. RESTRICTIONS
All rights not expressly stated herein are reserved by TIPL disclaims all
implied licenses. Without limiting the foregoing, you agree not to:
i. Reverse engineer, decompile, reverse compile, create compilations or
derivative works, translate, adapt or disassemble the TRADEANNEX®
Mobile Application or any part thereof, including the third-party content
data;
ii. Copy or reproduce TRADEANNE Mobile Application or any part
thereof, including the third-party content data, in any form;
iii. Publish, display, disclose, sell, rent, lease, store, loan, distribute,
publicly display or perform, co-brand, frame, or permit third parties to
link to TRADEANNE Mobile Application or any part thereof,
including the third- party content data;
iv. Assign, sublicense, convey, transfer, pledge as security, or otherwise
encumber the rights and licenses granted hereunder;
v. Use the TRADEANNEX® Mobile Application in any fashion that may
infringe any patent, copyright, trademark, trade secret, or any other
intellectual property or proprietary right of TIPL, its third-party data
providers or any other third-party;
vi. Provide any portion of the TRADEANNE Mobile Application to the
government agency; or
vii. Enter into any agreement with any third-party that in any way restricts,
prevents, or hinders the ability of TIPL to provide to such third-party
the TRADEANNEX® Mobile Application or any other product or
service made available by TIPL from time to time.
5. UPDATES
If you receive an update or an upgrade to, or a new version of, any
TRADEANNEX® Mobile Application (Update) you must possess a valid
license to the previous version to use the update. All updates provided to
you shall be subject to the terms and conditions of this agreement. If you
receive an update, you may continue to use the previous version(s) of the
TRADEANNEX® Mobile Application (Application in your possession, custody
or control) TIPL shall have no obligation to support the previous version of
the TRADEANNEX® Mobile Application upon availability of an Update. TIPL
has no obligation to provide support, maintenance, updates, or modifications
under this agreement.
6. DATA PLAN FEES
You are responsible for any applicable charges and fees associated with any
data plan fees or other subscription charges or fees of any kind whatsoever
that may be required by your carrier to access the TRADEANNEX® Mobile
Application.
7. TERMS
The term of this agreement shall be useful life of the TRADEANNE Mobile
Application or until otherwise terminated in accordance with the terms and
conditions of this agreement (“Term”). TIPL may terminate this agreement for
any reason, including, but not limited to, if TIPL finds that you have violated
any of the terms of this agreement. In addition, this agreement shall
terminate immediately upon
i. The termination of your usage of your TRADEANNEX® - Trading ERP
Software package; or
ii. Termination of any license granted to TIPL by a third party for use of
such third partys software as part of or in the TRADEANNEX® Mobile
Application
Clauses pertaining to indemnity, confidentiality and non-disclosure shall
survive the termination of this Agreement. All other rights and obligations of
the parties shall cease upon termination of this agreement including, but not
limited to, all licenses granted hereunder.
8. CONFIDENTIALITY
At all times during the terms and thereafter, you shall keep confidential and
not disclose, directly or indirectly, and shall not use for your benefit or any
other individual or entity any confidential information of TIPL or any of its
third-party data providers. Confidential Information means any trade
secrets or confidential or proprietary information whether written, digital, oral,
or other form which is unique, confidential, or proprietary to TIPL or its third-
party data providers, including, but not limited to, the TRADEANNE
Mobile Application, and any other materials or information related to the
business or activities of TIPL which are not generally known to others
engaged in similar businesses or activities. You shall return to TIPL any of
its confidential information upon request and/or upon termination of this
agreement.
9. INDEMNITY
You agree to indemnify, defend and hold TIPL and its licensors and suppliers
(including, but not limited to, their respective assignees, subsidiaries,
affiliated companies and their respective officers, directors, employees and
shareholders, agents and representatives) harmless from and against any
and all liability, loss, injury, demand, action, cost, expense, or claim of any
kind or character, including, but not limited to, attorney's fees arising out of
or in connection with your use of the TRADEANNEX® Mobile Application.
10. LIMITED WARRANTY
i. The TRADEANNEX® Mobile Application (excluding any third party
content data) is warranted to perform substantially as described in the
product manual.
ii. The warranties and remedies contained herein are exclusive and in
lieu of all other warranties, whether express, implied, statutory, or
arising from trade usage or course of conduct, including, but not
limited to any implied warranties of merchantability, fitness for a
particular purpose, or non-infringement and other expressed or implied
warranties of accuracy, completeness "real time" information, title or
any other type of warranties relating to the TRADEANNEX® Mobile
Application or its performance hereunder
11. LIMITATION OF LIABILITY
You assume all responsibility and risk for the use of the TRADEANNEX®
Mobile Application, and TIPL disclaims all liability for any loss, injury, or
damage resulting from use of the TRADEANNEX® Mobile Application and
any third-party data or content. It is your responsibility to use the
TRADEANNEX® Mobile Application prudently to access your information. In
no event shall TIPL or its suppliers, including third party data providers, be
liable to you or any other party for any compensatory, indirect, incidental,
special or consequential damages (including, without limitation, indirect,
direct, special, punitive, or exemplary damages for loss of business, loss of
profits, business interruption, or loss of business information) arising out of
the use of or inability to use the TRADEANNEX® Mobile Application and any
third party data or content, even if TIPL has been advised of the possibility of
such damages. Subject to the foregoing, TIPLs total agreement liability with
respect to its obligations under this agreement or otherwise with respect to
the TRADEANNEX® Mobile Application shall not exceed the price paid by
you for the TRADEANNEX® Mobile Application.
12. GOVERNING LAW AND JURISDICTION
This agreement shall be governed and constructed by the laws of India, and
the courts of Maharashtra shall have exclusive jurisdiction.
13. MISCELLANEOUS
This agreement constitutes the entire understanding and agreement of the
parties and supersedes all prior and contemporaneous understanding and
agreements, whether written or oral, with respect to its subject matter. No
delay or failure by TIPL to exercise or enforce at any time any right or
provision hereof will be considered a waiver thereof.
No single waiver will constitute a continuing or subsequent waiver. No
waiver, modification or amendment of any provision hereof will be effective
against TIPL unless it is a signed writing by TIPL. You may not assign your
rights or obligations hereunder (including as a change of control) without the
prior written consent of TIPL.
Subject to the foregoing, this agreement will bind and inure to the benefit of
the successors and permitted assigns of the parties. If any provision of this
agreement is held to be invalid, illegal, or unenforceable in any respect, that
provision to the extent permitted by law (not otherwise) shall be served from
this agreement and shall not affect the remainder hereof, and the parties
agree to substitute for such provision a valid provision which most closely
approximates the intent and economic effect of such severed provision. The
parties to this agreement are independent contractors.
TIPL shall not be liable to you for a failure to perform any of its obligations
under this agreement during any period in which such performance is
delayed due to circumstances beyond its reasonable control.
All notices hereunder must be in writing and mailed by certified mail, return
receipt requested, or by prepaid courier services, or by facsimile with receipt
confirmed by telephone, to each party’s address
14. CONTACTING USERS
You agree that we may contact you via voice call, text message or another
electronic medium through a third-party platform. In the event that any
information you have provided to TIPL changes, including but not limited to,
your phone number, e-mail or address, You agree to promptly update Your
information.