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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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