End-User License Agreement
Please read this End-User License Agreement carefully before clicking the “I Agree” button, downloading or using our elearning content or LMS.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of this End-User License Agreement:
- Agreement means this End-User License Agreement that forms the entire Agreement between You and the Company regarding the use of the application.
- Application means the software program provided by the Company downloaded by You through an Application Store’s account to a Device, our elearning content or LMS
- Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) by which the Application has been downloaded to Your Device.
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to MTAB Technology Centre P Ltd, 133, Developed Plots, Electrical & Electronics Industrial Estate, Perungudi, Chennai 600 096.
- Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
- Country refers to India
- Device means any device that can access the Application such as a computer, a cell phone or a digital tablet.
- Executable format means the application as is provided for installation in the app store/ play store/ website of the Company
- Family Sharing / Family Group permits You to share applications downloaded through the Application Store with other family members by allowing them to view and download each others’ eligible Applications to their associated Devices.
- Force Majeure means anything or any event which is regarded as being beyond the control of any Party and includes but is not limited to acts of God, acts or omissions of any government or any rules, regulations or orders of any governmental authority or any officer, department, agency or instrument thereof; epidemic, pandemic, disease, fire, storm, flood, earthquake, accident, acts of public enemy, acts of terrorism, war, rebellion, insurrection, riot, invasion, strikes, or lockouts, or other industrial disputes (except any strikes, lockouts or industrial disputes involving solely the Company’s employees).
- Third-Party Services means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application.
- You means the individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.
By clicking the “I Agree” button, downloading or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the “I Agree” button, do not download or do not use the Application. By clicking on the “I Agree” button it is deemed that you have signed/endorsed your acceptance of the terms of this Agreement.
This Agreement is a legal document between You and the Company and it governs Your use of the Application made available to You by the Company.
This Agreement is between You and the Company only and not with the Application Store. Therefore, the Company is solely responsible for the Application and its content. Although the Application Store is not a party to this Agreement, it has the right to enforce it against You as a third party beneficiary relating to Your use of the Application.
Since the Application can be accessed and used by other users via, for example, Family Sharing / Family Group or volume purchasing, the use of the Application by those users is expressly subject to this Agreement.
The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.
a. Scope of License
The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application strictly in accordance with the terms of this Agreement and only in the executable format. By accepting the license, the title of the Company in all the intellectual property rights in the Application stands irrevocably confirmed.
You may only use the Application on a Device that You own or control and as permitted by the Application Store’s terms and conditions.
The license that is granted to You by the Company is solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement. Sub-licensing of the application is strictly prohibited and the breach of the same shall result in immediate termination of the license without refund and or any liability.
b. License Restrictions
You agree not to, and You will not permit other third parties to:
- License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
- Copy or use the Application for any purpose other than as permitted under the above section ‘License’.
- Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
- Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Application.
a. Content Restrictions
The Company is not responsible for the entries, information or content of the Application’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libellous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
- Unlawful or promoting unlawful activity.
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, animal cruelty or other targeted groups.
- Spam, machine or randomly generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
- Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
- Impersonating any person or entity including the Company and its employees or representatives.
- Violating the privacy of any third person.
- False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Agreement, refuse or remove any Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Application if You post such objectionable Content.
As the Company cannot control all content posted by users and/or third parties on the Application, You agree to use the Application at Your own risk. You understand that by using the Application You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of Your use of any content.
5. Copies and Piracy
You are prohibited from removing, reproducing, summarizing or copying the Application, its code, its user interface, its features and any content relating to the Application including but not limited to the license key/ code provided along with application without the express written consent of the Company, which written shall either be given or withheld by the Company on its own accord without assigning any reasoning and any liability to You. In the event, You are found to have illegally copied the contents of the Application without the permission of the Company for the purpose of piracy or otherwise, You shall be liable to pay damages for such loss caused to the company. You shall also be liable for criminal action under the laws of India.
6. Intellectual Property
The Application, including without limitation all copyrights, patents, Trademarks, trade secrets, confidential information and other intellectual property rights are, and shall remain, the sole and exclusive property of the Company. This shall include any updates, changes, bug fixes and other modifications to the application. This shall also include any feedback, comments, ideas, improvements or suggestions given by You to the development/ utilisation of the application, regardless of whether such feedback, comments, ideas, improvements or suggestions are utilised by the Company in the application. Any feedback, comments, ideas, improvements or suggestions provided by You shall be utilised by the Company in an entirely different application without any information or compensation to You. The Company shall also be free to assign or license such feedback, comments, ideas, improvements or suggestions provided by You to third parties.
You shall not be permitted to use any of the Intellectual Property of the Company expect to the extent that is permitted by this agreement. The Company shall not be obligated to indemnify or defend You with respect to any third party claim arising out of or relating to the Application. To the extend the Company is required to provide indemnification by applicable law, the Company, not the Application Store, shall be solely responsible for the investigation, defence, settlement and discharge of any claim that the Application or Your use of it infringes any third party Intellectual Property Rights.
In the event, You have infringed the Intellectual Property of the Company in any manner, directly or indirectly, the Company shall be entitled to initiate legal proceedings against You for such infringement to obtain injunctive relief as necessary along with claim for damages (or such or claim)that it may incur on account of such infringement.
7. Suggestions and feedback
You are free to provide any feedback, comments, ideas, improvements or suggestions regarding the application. Any such feedback, comments, ideas, improvements or suggestions provided by You tithe Company with respect to the Application shall remain the sole and exclusive property of the Company regardless of whether such feedback, comments, ideas, improvements or suggestions is utilised/ implemented by the Company. The Company shall also be entitled to use such feedback, comments, ideas, improvements or suggestions provided by You for another application of the Company or shall be free assign or license the same to third parties. The Company shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or a compensation payable to You.
8. Modifications to the Application
The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
9. Updates to the Application
The Company may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications.
Updates may add, modify or delete certain features and/or functionalities of the Application. You agree that the Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to You.
You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.
10. Maintenance and Support
The Company does not provide any maintenance or support for the download and use of the Application. To the extent that any maintenance or support is required by applicable law, the Company, not the Application Store, shall be obligated to furnish any such maintenance or support.
11. Third-Party Services
The Application may display, include or make available third-party content(Including data, information, applications and other products services) or Provide links to third-party websites or services.
You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-party Services.
You must comply with applicable Third parties’ Terms of agreement when using the Application. Third-party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at Your own risk and subject to such third parties’ Terms and conditions.
13. Term and Termination
This Agreement shall remain in effect until terminated by you or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
Notwithstanding anything contained in this Agreement, the Company may elect to terminate this Agreement with You in the event the application becomes unworkable or cannot be implemented due to any Force Majeure Event for a period exceeding thirty (30) consecutive days. However, no party shall be liable to each other if the agreement is terminated due to a Force Majeure situation.
The agreement shall be terminated immediately by the Company if (i) You commit a material breach of any of the terms of this Agreement or its obligations hereunder;(ii) Bankruptcy proceedings has been initiated against the Company or the Company ceases to carry on business as a going concern, or it becomes unlawful for it to carry on its business or any part thereof for any reason; (iii) You are making unauthorised copies or involved in the piracy of the application. You may also terminate this Agreement by deleting the Application and all copies thereof from Your Device or from Your computer. In the even the Company terminates the agreement, all the functions of the application shall stop working.
Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from Your Device.
Termination of this Agreement will not limit any of the Company’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of Your obligations under the present Agreement.
You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any)harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of Your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third-party.
15. No Warranties
The Application is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s providers makes any representation or warranty of any kind, express or implied:
- as to the operation or availability of the Application, or the information, content, and materials or products included thereon;
- that the Application will be uninterrupted or error-free;
- as to the accuracy, reliability, or currency of any information or content provided through the Application; or
- that the Application, its servers, the content, ore-mails sent from or on behalf of the Company are free of viruses, scripts, Trojan horses, worms, malware, time bombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company, not the Application Store, shall be solely responsible for such warranty.
16. Limitation of Liability
Liability of the Company by claims of third parties:
You hereby agree to defend, indemnify and hold harmless, the Company from and against any and all claims/ losses in connection with any action, or potential action, against the licensor by a third party due to your direct or indirect actions. In the event of such Claims, You shall also pay all reasonable and actually incurred expenses, including but not limited to travel, lodging, and any other reasonable accommodations, for any of the Company’s representative who participates in any proceeding in connection with such Claim at your request. If a Claim is sustained in a judgment by a court of competent jurisdiction, then You shall pay or otherwise satisfy any monetary award entered against the Company as part of such judgment.
Claims made by you against the Company:
Notwithstanding any damages that You might incur, the entire liability of the Company under any provision of this Agreement and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or through the Application.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or Consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
You expressly understand and agree that the Application Store, its subsidiaries and affiliates, and its licensors shall not be liable to You under any theory of liability for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by You, including any loss of data, whether or not the Application Store or its representatives have been advised of or should have been aware of the possibility of any such losses arising.
17. Severability and Waiver
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
18. Product Claims
The Company does not make any warranties concerning the Application. To the extent You have any claim arising from or relating to Your use of the Application, the Company, not the Application Store, is responsible for addressing any such claims, which may include, but not limited to:
- any product liability claims;
- any claim that the Application fails to conform to any applicable legal or regulatory requirement; and
- any claim arising under consumer protection, or similar legislation.
19. United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii)You are not listed on any United States government list of prohibited or restricted parties.
20. Changes to this Agreement
The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.
By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application.
21. Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and Your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
22. Entire Agreement
The Agreement constitutes the entire agreement between You and the Company regarding Your use of the Application and supersedes all prior and
Contemporaneous written or oral agreements between You and the Company.
You may be subject to additional terms and conditions that apply when You use or purchase other Company’s services, which the Company will provide to You at the time of such use or purchase.
If You have any questions about this Agreement, You can contact Us:
By email: email@example.com
By visiting this page on our website: https://mtabtechnology.com/contact-us/