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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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