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1. LICENSE GRANT
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1.1
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REMITTAG hereby grants to you a personal
non-exclusive, non-transferable limited license
to install and use one (1) copy of THE SOFTWARE
PRODUCT (irrespective of the number of sets of media (if applicable)
included with THE SOFTWARE PRODUCT) on a single computer,
subject to the restrictions and terms set forth in this License Agreement.
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1.2
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THE SOFTWARE PRODUCT is provided under a single-user license.
A single individual should use the software on a single computer.
You may install a copy for that same individual's exclusive
non-concurrent use on either a home or portable computer.
A License for THE SOFTWARE PRODUCT should not be shared by
multiple individuals on a single computer or
used concurrently on different computers.
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1.3
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There may be technological measures in THE SOFTWARE
PRODUCT that are designed to prevent unlicensed or
illegal use and/or copying of THE SOFTWARE PRODUCT.
You agree that REMITTAG may use those measures.
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1.4
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You agree that REMITTAG may audit your use of THE
SOFTWARE PRODUCT for compliance with these terms at
any time, upon reasonable notice. In the event that
such audit reveals any use of THE SOFTWARE PRODUCT by
you is other than in full compliance with the terms of
this Agreement, you shall reimburse REMITTAG for all
reasonable expenses related to such audit in addition
to any other liabilities you may incur as a result of
such non-compliance.
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1.5
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THE SOFTWARE PRODUCT is licensed, not sold. THE SOFTWARE
PRODUCT is licensed to you as a single product.
Its component parts shall not be separated for use
on more than one computer. The only right granted to
you is the right to use the software and accompanying
documentation (whether electronic or otherwise),
in accordance with this License Agreement. THE SOFTWARE
PRODUCT is protected by copyright and other intellectual
property laws and treaties. REMITTAG, REMITTAG Affiliated
Companies, and/or their licensors own the title, copyright,
and other intellectual property rights in THE SOFTWARE PRODUCT.
For purposes of this License Agreement, REMITTAG Affiliated
Companies (or REMITTAG Affiliated Company) shall mean any person,
branch, or entity controlling, controlled by or
under common control with REMITTAG, or a majority of the
shareholders of REMITTAG or a REMITTAG Affiliated Company,
whether now existing or formed in the future, together with
any person, branch, or entity which may acquire such status
in the future. All rights not expressly granted to you in
this License Agreement are specifically reserved to REMITTAG,
or to REMITTAG’s licensors as applicable. You do not receive
or acquire any right, title, or interest to THE SOFTWARE PRODUCT,
and/or to any applicable patents, trademarks, copyrights, and/or
trade secrets. You shall not remove or alter any proprietary
notices, labels, or trademarks on THE SOFTWARE PRODUCT
or accompanying documentation.
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1.6
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UPGRADES: If this version of THE SOFTWARE PRODUCT is
an upgrade from a previous version, REMITTAG
grants you the right to use either the current
or prior version of THE SOFTWARE PRODUCT, and any
prior version Agreement is replaced by this Agreement.
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2. RESTRICTIONS
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2.1
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You shall not modify, translate, copy, reproduce,
reverse engineer, disassemble, decompile, decrypt or
otherwise derive source code from THE SOFTWARE PRODUCT,
any portion thereof or accompanying documentation, or
use it as a basis for the preparation of other software
programs or derivative works, or use it in any manner
that infringes the intellectual property or other
rights of REMITTAG, and/or its licensors, and/or
any other party, except as expressly permitted
hereunder or under applicable law.
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2.2
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You shall not use, integrate, combine or otherwise
exercise any license rights under this Agreement
in any manner that would render THE SOFTWARE PRODUCT
or any component thereof Public Source Software.
As used herein, “Public Source Software” means
any software that (in whole or in part) includes,
or is otherwise derived in any manner from, any
software that is distributed under conditions that
include: (i) licensees of such software are authorized
to access, modify and make derivative works of the
source code for the software: (ii) licensees of
source code of such software are not obligated
to maintain the confidentiality of such source code;
and (iii) licensees of such software are required,
even under limited circumstances, to grant licenses
to the source code or derivative works thereof,
which licenses include rights under the licensee’s intellectual property.
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2.3
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The SOFTWARE PRODUCT and accompanying documentation (if applicable)
shall not be transmitted or accessed electronically,
including via the Internet or any Device, rented, loaned,
leased, sold, distributed, made available, directly or
indirectly, for use by any other person or entity not covered
by this License Agreement, used to provide commercial hosting
or application service provider services or otherwise transferred,
transmitted, or used without authorization under this License Agreement.
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2.4
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You shall not enable others to use your registration code(s)
or serial numbers (if any); give copies to another person who
has not purchased a license for THE SOFTWARE PRODUCT from REMITTAG;
install THE SOFTWARE PRODUCT on computers used by individuals
who have not purchased the appropriate licenses for THE
SOFTWARE PRODUCT; duplicate THE SOFTWARE PRODUCT by any
other means including electronic transmission; or copy
the printed materials or user documentation accompanying
THE SOFTWARE PRODUCT, if any. THE SOFTWARE PRODUCT in
its entirety is protected by copyright laws. THE SOFTWARE
PRODUCT also contains the trade secrets of REMITTAG’s
licensors and third parties, and you shall not decompile,
reverse engineer, disassemble, or otherwise reduce
THE SOFTWARE PRODUCT to human-perceivable form or disclose
such trade secrets, or disable any functionality which
limits the use of THE SOFTWARE PRODUCT. You shall not
attempt to modify, adapt, translate, rent, sublicense,
assign, loan, resell for profit, distribute, or network
THE SOFTWARE PRODUCT, Disk(s), or related materials or
create derivative works based upon THE SOFTWARE PRODUCT or any part thereof.
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2.5
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You shall not, in whole or in part, redistribute,
copy, photocopy, reproduce, translate, transmit,
modify, publish, adapt, reverse engineer, derive
source code from, modify, disassemble, decompile,
or create derivative works based on THE SOFTWARE
PRODUCT, or remove any Copyright, Trademark or
other protective or proprietary notices or labels
contained in THE SOFTWARE PRODUCT. You shall also
not merge all or any part THE SOFTWARE PRODUCT
into another program.
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2.6
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You are prohibited from (i) redistributing, reselling,
sub-licensing, renting, lending, leasing, granting a
security interest in, transferring the reproductions of,
the whole or any portion of THE SOFTWARE PRODUCT to a
third party. (ii) exploiting THE SOFTWARE PRODUCT or
any of its parts for any commercial purpose including,
but not limited to, use at a cyber café, use on a
time-sharing basis, use in a service bureau facility,
computer gaming centre or any other location-based
site; and (iii) hosting or providing matchmaking
services for THE SOFTWARE PRODUCT or adding components
to THE SOFTWARE PRODUCT, using of a utility program or
any other techniques now known or hereafter developed,
for any purpose including, but not limited to, network
play over the Internet, network play utilizing commercial
or non-commercial gaming networks, or as part of content
aggregation networks.
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2.7
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Provisions of Privacy Policy, Terms of Use and
Disclaimers, as disclosed on REMITTAG’s
website www.remittag.com,
where relevant, will be applicable to you and
form an integral part of this Agreement. Please
ensure that you go through these provisions and
their updates from time to time on REMITTAG’s
website www.remittag.com.
In case of any inconsistency between the provisions
of the Privacy Policy / Terms of use and Disclaimers
and this AGREEMENT, the terms contained in
this AGREEMENT shall apply.
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3. INTELLECTUAL PROPERTY RIGHTS
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3.1
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All title and intellectual property rights in and to
THE SOFTWARE PRODUCT (including but not limited to
any titles, computer code, themes, objects, characters,
character names, stories, text, dialog, catch phrases,
locations, concepts, artwork, animations, sounds,
musical compositions, audiovisual effects, audio,
video, images, photographs, methods of operation,
moral rights, any related documentation, and ‘applets’
incorporated into THE SOFTWARE PRODUCT), the
accompanying printed materials (where applicable),
are owned by REMITTAG and/or its licensors, and are
protected by applicable copyright or other intellectual
property Laws and Treaties. Therefore, you must treat
THE SOFTWARE PRODUCT like any other copyrighted material.
You shall not copy the printed materials (where applicable)
accompanying THE SOFTWARE PRODUCT.
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3.2
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All title and intellectual property rights in the
Computer Software and to the Content contained in
or accessed through use of THE SOFTWARE PRODUCT
are owned by REMITTAG and are protected by applicable
copyright or other intellectual property Laws and
Treaties. This Agreement grants you no rights to
use such Content other than for personal and limited
use. REMITTAG and/or its licensors, suppliers may
act against you to protect their rights in the event
of any violation of this AGREEMENT.
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3.3
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You commit not to duplicate or make copies of or
distribute copies of THE SOFTWARE PRODUCT and
the accompanying software and agree to take all
reasonable precautions to prevent others from
duplicating the same.
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3.4
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You acquire no rights or licenses with respect
to THE SOFTWARE PRODUCT, except as stated in
this AGREEMENT. All rights not expressly granted
herein are reserved by REMITTAG and/or REMITTAG’s
licensors as may be applicable.
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4. SPECIAL REQUIREMENTS
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In order to install and / or use THE SOFTWARE PRODUCT, certain requirements or specifications may have to be met – like Internet connectivity for product registration, minimum hardware configuration, specific software or operating system requirement etc. You also agree and permit REMITTAG to install the necessary files, programs, etc on your computer system in order for you to access and/or otherwise use THE SOFTWARE PRODUCT. You are assumed to have unconditionally accepted these requirements, for use of THE SOFTWARE PRODUCT. These requirements or specifications are also subject to change without notice.
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5. DISCLAIMER OF WARRANTY
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REMITTAG AND/OR ITS LICENSORS, SUPPLIERS PROVIDE THE
SOFTWARE PRODUCT (AND CONTENT CONTAINED THEREIN) “AS
IS AND WITH ALL FAULTS” AND HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED
OR STATUTORY, NOW AND FOREVER INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR
COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE
EFFORT, OF LACK OF VIRUSES, OF LACK OF NEGLIGENCE, OF
TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, WITH
REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR
FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION,
SOFTWARE AND RELATED CONTENT THROUGH THE SOFTWARE PRODUCT OR
OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE PRODUCT.
THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT,
QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT,
WITH REGARD TO THE SOFTWARE PRODUCT. THE ENTIRE RISK AS TO
THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE
SOFTWARE PRODUCT, IF ANY, REMAINS WITH YOU.
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REMITTAG AND/OR ITS LICENSORS, SUPPLIERS DO NOT WARRANT
THAT THE SOFTWARE PRODUCT IS ERROR-FREE OR WILL OPERATE
WITHOUT INTERRUPTION. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT
AND TITLE OR QUIET ENJOYMENT. THE SOFTWARE IS NOT DESIGNED,
INTENDED OR LICENSED FOR USE FOR ANY KIND OF CRITICAL APPLICATIONS
REQUIRING FAIL-SAFE CONTROLS.
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REMITTAG SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED
WARRANTY OF FITNESS FOR SUCH PURPOSES. REMITTAG AND/OR ITS
LICENSORS, AND/OR ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND
REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE,
INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE.
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NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY REMITTAG,
ITS DEALERS, DISTRIBUTORS, ALLIANCE PARTNERS, AGENTS, OTHER
BUSINESS ASSOCIATES, OR EMPLOYEES SHALL CREATE A WARRANTY OR
IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
REMITTAG SHALL HAVE NO RESPONSIBILITY IF THE SOFTWARE HAS BEEN
ALTERED IN ANY WAY, OR FOR ANY FAILURE THAT ARISES OUT OF USE
OF THE SOFTWARE WITH OTHER THAN A RECOMMENDED HARDWARE CONFIGURATION,
PLATFORM OR OPERATING SYSTEM.
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6. DISCLAIMER OF LIABILITY
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IN NO EVENT SHALL REMITTAG OR, WHERE APPLICABLE, ITS PARENT
COMPANY, SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES,
DIRECTORS OR SUPPLIERS BE LIABLE IN ANY WAY FOR ANY DIRECT,
SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES OR LOSSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF REVENUE OR BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE,
COMPUTER FAILURE, MALFUNCTION OF COMPUTER OR COMPUTER SYSTEM,
LOSS OF CONFIDENTIAL OR BUSINESS INFORMATION, PERSONAL INJURY,
LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING OF GOOD
FAITH OR OF REASONABLE CARE, NEGLIGENCE OR ANY AND ALL OTHER
PECUNIARY DAMAGES OR OTHER LOSSES WHATSOEVER) ARISING OUT
OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, OR
THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES,
INFORMATION, SOFTWARE AND RELATED CONTENT THROUGH THE
SOFTWARE PRODUCT, OR OTHERWISE ARISING OUT OF OR THE
USE OF THE SOFTWARE PRODUCT, OR OTHERWISE UNDER OR IN
CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN
IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE),
STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF
WARRANTY OF REMITTAG AND/OR ITS LICENSORS, SUPPLIERS,
EVEN IF REMITTAG AND/OR ITS PARENT COMPANY, SUBSIDIARIES,
AFFILIATES, LICENSORS, EMPLOYEES, DIRECTORS OR SUPPLIERS
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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END USER IS SOLELY RESPONSIBLE FOR SELECTION OF THE SOFTWARE
PRODUCT TO ACHIEVE END USER’S INTENDED RESULTS OR FOR PARTICULAR
APPLICATIONS AND SYSTEMS. REMITTAG IS NOT RESPONSIBLE
FOR LOST OR STOLEN SOFTWARE.
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7. INDEMNIFICATION
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You agree to defend, indemnify and hold REMITTAG and
its licensors, suppliers, subsidiaries, affiliates, officers,
agents, employees, co-brands and other partners, harmless
from any action, claim, proceeding or demand, cost or
expense including reasonable attorneys' fees, made by
any third party due to or arising out of your use of
the SOFTWARE PRODUCT, violation of term(s) of this
Agreement, or your violation of any rights of another.
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8. OTHER DISCLAIMERS
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8.1
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The clauses included in “Terms of Use and Disclaimers”
if any, on REMITTAG’s website www.remittag.com are
applicable to you and, therefore, you MUST go through
the clauses therein and their updates.
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8.2
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The utilization of any Content, data, or information
received by you from the utilization of THE SOFTWARE
PRODUCT is at your sole and absolute risk. REMITTAG,
and/or its licensors, and suppliers attempt to be as
accurate as possible. However, REMITTAG and/or its
licensors, and suppliers do not warrant that THE
SOFTWARE PRODUCT or its Contents are accurate,
complete, reliable, current, or free from virus,
technical or typographical or other errors. REMITTAG,
and/or its licensors, and suppliers specifically
disclaim and deny any responsibility for the completeness,
accuracy, or quality of Content provided in THE SOFTWARE PRODUCT.
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8.3
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Changes may be made from time to time, without notice,
to the information on THE SOFTWARE PRODUCT and/or to
the terms of this agreement.
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8.4
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You agree that REMITTAG, and/or its licensors,
and suppliers are in no way responsible for the
information inserted by you in THE SOFTWARE
PRODUCT where applicable.
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8.5
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REMITTAG and/or its licensors, and suppliers also
do not take any responsibility whatsoever, now or
in the future and forever, for the non-functioning
of THE SOFTWARE PRODUCT caused by hardware and/or
software limitation factors and/or caused by
any other known or unknown factors.
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8.6
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Once THE SOFTWARE PRODUCT is purchased, there are no refunds.
You are requested to study the features of THE SOFTWARE PRODUCT,
before confirming your purchase.
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8.7
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If you purchase the wrong software / program,
you will not be entitled to exchange it for another
software / program. So be careful when making your
purchase – make sure that you have clicked on the
correct link for the software / program you
wish to purchase.
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9. EQUITABLE REMEDIES
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You hereby agree that REMITTAG, and/or its licensors,
and suppliers would be irreparably damaged if the terms
of this AGREEMENT were not specifically enforced, and
therefore you agree that REMITTAG and/or its licensors,
and suppliers shall be entitled, without bond, other
security, or proof of damages, to appropriate equitable
remedies with respect to breaches of this AGREEMENT,
in addition to such other remedies as REMITTAG and/or
its licensors, and suppliers may otherwise have
available to it under applicable laws.
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10. MISCELLANEOUS
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10.1
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Governing law and Venue - This AGREEMENT shall be
deemed to have been made and executed in Mumbai.
This AGREEMENT is governed by the laws of India.
Each of the parties hereto irrevocably accepts
the jurisdiction of the courts of India, and
further agree to commence any litigation which
may arise hereunder in the courts located
at Mumbai in India.
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NOTWITHSTANDING ANYTHING IN THIS SECTION TO THE CONTRARY,
REMITTAG, THE REMITTAG AFFILIATED COMPANIES AND/OR
THEIR LICENSORS AND SUPPLIERS SHALL NOT BE PREVENTED
FROM ENFORCING THEIR RESPECTIVE OR COLLECTIVE INTELLECTUAL
PROPERTY RIGHTS IN ANY APPROPRIATE JURISDICTION.
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10.2
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Modification - REMITTAG reserves the right to modify
the terms of this AGREEMENT at any moment, and without
prior notification, in future releases of THE SOFTWARE
PRODUCT, and/or by way of notice on REMITTAG’s
website www.remittag.com.
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10.3
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Waiver - The waiver or failure of REMITTAG, and/or its
licensors, and suppliers to exercise in any respect
any right provided for in this AGREEMENT shall not
be deemed as a waiver of a further right
under this AGREEMENT.
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10.4
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Non Assignment – You shall not sell, assign, or
transfer the rights/liabilities under this AGREEMENT.
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10.5
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Partial Invalidity - In the event that any provision
of this AGREEMENT shall be held by a court or
other tribunal to be invalid, the remaining portions
of this AGREEMENT shall remain in full force and effect.
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10.6
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Except and to the extent stated in this AGREEMENT,
this AGREEMENT constitutes and contains the entire
agreement between the parties with respect to the
subject matter hereof and supersedes any prior
oral or written agreements.
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10.7
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If you are acquiring or using THE SOFTWARE PRODUCT
on behalf of an entity, you represent and warrant
that you have the legal capacity to bind such
entity to this AGREEMENT.
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10.8
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End User shall pay any applicable taxes in respect of
the licenses granted and fees paid in connection
with this License Agreement.
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10.9
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The provisions , which by their nature are continuing,
shall survive termination of this License Agreement.
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10.10
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You confirm that you are mentally fit and are
otherwise competent to enter into this Agreement.
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11. EXPORT CONTROL
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THE SOFTWARE PRODUCT shall not be re-exported, downloaded or
otherwise exported into (or to a national or resident of)
any country to which India has embargoed goods. By installing
THE SOFTWARE PRODUCT, you are agreeing to the foregoing and
you are representing and warranting that you are not located
in, under the control of, or a national or resident of any
such country or on any such list.
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12. TERM AND TERMINATION
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The term of this AGREEMENT begins on your completing
the purchase and downloading formalities, installing,
accessing or using THE SOFTWARE PRODUCT.
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This Agreement shall continue for as long as you use
THE SOFTWARE PRODUCT (subject to clause 10.9 herein above).
The Disclaimers of Warranties and Liability set
forth herein shall continue in force even after any termination.
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Without prejudice to any other rights, this AGREEMENT
will terminate automatically if you fail to comply
with any of the terms and conditions of this AGREEMENT.
Upon termination, you must uninstall THE SOFTWARE PRODUCT
delete the same from your system as well as destroy any
accompanying documentation (where applicable).
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13. WAIVER
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The waiver of, or failure to enforce, any breach
or default by either party hereunder shall not
constitute the waiver of any other or subsequent
or continuing breach or default.
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14. TRANSLATIONS
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This License Agreement is prepared in the English language.
In the event of a conflict between the English language
version and any translated version, the English language
version shall govern the parties’ relationship. Any
translation of this License Agreement into any other
languages shall be for convenience of reference only.
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15. THIRD PARTY SOFTWARE
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THE SOFTWARE PRODUCT may contain third- party software,
which requires notices and/or additional terms and conditions.
Such required third- party software notices and/or additional
terms and conditions are made a part of and incorporated by
reference into this EULA. By accepting this EULA, you are
also accepting the additional terms and conditions, if any,
set forth therein.
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© REMITTAG SOFTWARE COMPANY (P) LTD. All rights reserved.
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Copyright © 2005, Remittag Software Company (P) Ltd. All rights reserved. (Patents Pending)
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