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Please read this End Users’ License Agreement (“EULA”) carefully. This is a legal agreement between you (the “End User”) and [insert] (the “Company/Licensor”) dictating the terms and conditions on which the End User, upon acceptance, shall be granted the license to use (the “License”) the Company’s software “Market Science Studio” and related documentation (collectively, the “Software”). By clicking the ‘I Agree’ button or by downloading, installing or otherwise using the Software, you agree to be bound by all the terms and conditions of this EULA and acknowledge to have fully read and understand all the terms and conditions set forth herein, including, but not limited to disclaimer of warranty, limitation of liability, and termination provisions.

If you do not agree to this EULA, you must not tick the EULA tick box during sign up and you must not use the Software for any purpose whatsoever.

This EULA is subject to change without prior notice – you will be notified via Notifications within the Software of changes but users should in any event ensure they check the EULA each time they log on.

• Scope of the License.
  • The License is being offered to the End User pursuant to the End User’s employment with the Company for Company work only. The End User shall not use the License for any other purpose other than in relation to the End User’s employment with the Company.
  • The Software is currently in its beta version and the License to use the Software is being given to the End User free of cost. This Software is only licensed to the End User, and not sold.
  • Subject to the terms and conditions of this EULA, the Company grants to the End User a non-exclusive, non-transferable, and limited license to install and use the software on the Company provided system [or on the single computer or device owned, leased, or otherwise controlled by the End User]. In the event of a change in the device, or upgradation in the hardware of the device bound with the Software, the End User must notify the Company and submit the modified system information. Upon receipt of such information, the Company shall promptly link the existing license of the End User to the new system configuration.
  • This EULA shall also govern any upgrades in the Software provided by the Company .
  • The title in the Software is and will remain, as between the parties, the property of the Company and no interest or ownership in the Software or otherwise is conveyed to the End User under this EULA.
• Activation.
  • During the installation of the Software, the End User shall be required to enter the relevant details therein. The Software shall then capture the system information of the End User and generate a serial number which shall be unique to the End User’s system’s hardware configuration.
  • The permitted device for the Software would be the one for which the serial number was generated. The End User will not be able to install or use the Software on any other device without making request to the Company for change of the device.
  • Software may on regular intervals automatically connect to the internet to verify the authenticity of the License granted to the End User without notice at any time. The Company shall have the right to de-activate the License for any End User in case any discrepancy is detected. The End User will have to contact the Company to reactivate the License in such a case.
  • In the event the End User changes the permitted device or makes any upgradation in hardware, the End User will have to contact the Company and submit the modified system information. Upon receipt of system information and verification, the Company will reactivate the License to the new system configuration of the End User. Further, the End User shall prior to the disposition of the device, uninstall the software from the system.
• Restrictions on Usage.
  • End User shall not, and shall not permit any third-party, to:
    • modify, translate, adapt, or create derivative works based on the Software or any part thereof;
    • reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software;
    • copy, distribute, sell, rent, lease, sublicense, assign, or transfer any right in or to the Software to any third party;
    • use the Software for any unlawful purpose, or in any manner that violates any applicable law or regulation, or in a way that may cause harm to the Company or any third party;
    • remove, obscure, or alter any copyright, trademark, or other proprietary rights notice affixed to or contained within the Software or contained in any output generated by the Software;
    • use the Software to develop any product or service that competes with the Software or any product or service offered by Company ;
    • circumvent or remove or attempt to circumvent or remove the technological measures applied to the Software for the purposes of preventing unauthorized use;
    • use the Software in any manner that exceeds the scope of the License granted herein.
• Intellectual Property Rights.
  • By downloading and using the Software, the End User acknowledges and agrees that the Software, including all intellectual property rights relating to the Software, is and shall remain the exclusive property of the Company.
  • The Software is protected by law, including but not limited to the copyright laws of the [insert] [and other countries], and by international treaties. Save as specifically provided herein, the EULA does not bestow upon the End User the copyright or any intellectual property rights in the Software. All rights not expressly granted are reserved by the Company.
• Updates
  • The Software is currently in its beta version and may contain bugs, errors and other problems affecting the operation and outcome generated by the Software. The End User shall, to the best of abilities, endeavor to provide the Company with constructive feedback and error reporting of the Software in the manner and format provided by the Company.
  • The Company may introduce recurring updates to the Software to bring in new features, upgrades, bug fixes etc. The End User shall promptly implement the update to the Software provided by Company
• Disclaimer of Warranties.
  • The End User expressly acknowledges and agrees that, to the extent permitted by applicable law, use of the Software and any services performed or accessed through the Software is at the sole risk of the End User and that the entire risk as to satisfactory quality, performance, accuracy and effort is with the End User.
  • To the maximum extent permitted by applicable law, the Software is provided “as is”, with all faults and without warranty of any kind, and the Company 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, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third-party rights.
  • In the event the Software is used with any third-party product, such use is at the risk of the End User. Company does not provide support and/or guarantee ongoing integration support for products that are not a native part of the Software.
  • No oral or written information or advice given by the Company shall create a warranty.
• Limitation of Liability.
  • To the extent not prohibited by any applicable law, in no event shall the Company be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss or profits, corruption or loss of data or information, computer failure or malfunction, failure to transmit or receive any data or information, business interruption or any other commercial damage or losses, arising out of or related to the End User’s use or inability to use the Software or any third party software or applications in conjunction with the Software, however caused, regardless of the theory of liability (contract, tort, or otherwise) upon which such claim is based.
• Term.
  • In terms of this EULA, the License to use the Software is being granted to the End User free of cost, courtesy of the End User being the employee of the Company.
  • The Licence provided shall be valid till the employment of the End User with the Company is active. However, the Company has the right to revoke, at its own discretion, the License of any End User during the term of his employment.
  • Upon termination of the employment of the End User with the Company, the End User shall have deemed to have been foregone the License to use the Software. Delay by the Company to deactivate such End User’s License shall not give the End User the right to use the Software till such de-activation happens
  • Upon termination of employment or early termination of License, the End User shall immediately cease all use of the Software and destroy all copies (if any), whether full or partial, of the Software including any user manual, download links, installation files, that may have been stored by the End User on any of his personal devices (including e-mail and cloud). Upon request of the Company, the End User shall provide a written confirmation certifying its compliance with the said provision.
• Data Protection and Security.
  • The End User is responsible for the security of the systems and data of the End User, including Software on the End User’s system. The End User shall take all commercially reasonable steps to exclude malware, viruses, spyware, and trojans and regularly update any anti-virus software installed on the permitted system.
  • The Software may employ applications and tools to collect personally identifiable, sensitive or other information including personal information, network information, geographical information, information about the usage of the software, license information (key) expiration or machine information (including, but not limited to, information regarding the machine, system, disk ID, MAC address), collectively “Data.”
  • The collection of this Data may be necessary to you and your users with relevant Software. Without access to this Data, we may not be able to verify your compliance with this EULA, among other things.
  • By entering into this EULA or using the Software, you agree to the collection, processing, copying, backup and storage of this Data in and from [insert] or other countries or jurisdictions outside of your own as part of the Software.
  • Please note that we may need to retain certain records for legal or internal business reasons and some of your information may remain on backup systems in compliance with applicable law. We encourage you promptly to update your personal information when it changes.
• Survival provisions.
  • Notwithstanding anything contained in this EULA, Clause 6 (Disclaimer of Warranties), Clause 7 (Limitation of Liability), Clause 9 (Data Protection and Security), this Clause 10 (Survival Provisions), Clause 11 (Governing Law and Severability), Clause 12 (Entire Agreement) and Clause 13 (Waiver) shall survive the term of this EULA.
• Governing Law and Severability.
  • This EULA shall be governed by and construed in accordance with the laws of [insert], without giving effect to any choice of law or conflict of law provisions. Any dispute arising out of or in connection with this EULA shall be resolved subject to the jurisdiction of the courts of [insert].
  • 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.
• Entire Agreement.
  • This EULA constitutes the full and complete agreement between the parties with respect to the subject matter hereof and supersedes any previous or contemporaneous agreements or communications, whether written or verbal, relating to such subject matter. Any amendments to this EULA shall be made at the sole discretion of the Company in writing and notified to the End User through an e-mail sent on the End User’s registered e-mail and also uploading the updated EULA on the following link:
    [insert link]
• Waiver.
  • No failure or delay by the Company in exercising any right, power, or remedy under this EULA will operate as a waiver of that right, power, or remedy. A waiver on any one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions.