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Panini Transliteration1.0.0
EULA - End User License Agreement
Panini Transliteration END USER LICENSE AGREEMENT (Version: October 2012)
This End User License Agreement (this "Agreement"), governs the terms and conditions of the Licensee's access and use of Panini Transliteration software ("Panini Transliteration"), and is made between the Licensee ("you") and Luna Ergonomics Pvt. Ltd., Noida. However, if you are using Panini Transliteration as or on behalf of an entity, such as a corporation, partnership, limited liability company or other entity, the term "you" used below refers to the entity which will be bound by this Agreement. You represent and warrant that you
have power and authority to enter into this Agreement on behalf of the entity. This Agreement does not address any third-party or free or open source software separately licensed to you.
By clicking the "I accept the Agreement" option during installation and/or using Panini Transliteration, you confirm your acceptance of, and agree to be bound by, this Agreement. If you do not agree to this Agreement or if you do not understand it, do not install or use Panini Transliteration.
In case you have another written agreement directly with Luna Ergonomics Pvt. Ltd., such written agreement prevails in the event of any conflict with the terms and conditions of this Agreement.
1. Definitions
"Software" means the version of Panini Transliteration in executable form and documentation.
"GUI" means the graphical (rather than purely textual) user interface that a software program provides to enable end user interaction with its settings and features. Typical GUI elements include buttons, combo boxes, check boxes, input controls, and sliders.
"Use" means loading, installing, executing, displaying, performing and/or transmitting the Software for your internal business purposes, and not for distribution or resale.
"Organization" means an entity such as a company, agency, institution, school, or any other organization.
2. Software License Grants
2.1. License Grant
Luna Ergonomics Pvt. Ltd. grants you a license to Use the Software in GUI mode without charge on any number of desktop/laptop computers, including in a business environment, as long as the terms of this Agreement are respected. However, you are required to purchase a license if you want to run the Software from an Organization network server, offer the Software to third parties on an application service provider, web service or time sharing basis, use the Software as a process for another application, and/or bundle the Software with another product. Please contact Luna Ergonomics Pvt. Ltd. for pricing details if you need to purchase a license.
2.2 License Restrictions
The Software is licensed, not given or sold. This Agreement only gives you certain limited rights (sections 2.1 and 11). Luna Ergonomics Pvt. Ltd. reserves all other rights. Especially you may not: (a) modify, adapt, translate, rent, lease or sublicense the Software except to the extent explicitly permitted in this Agreement; (b) disable or block any licensing, rights management or control features of the Software except as an intended part of the Software's programming features; (c) assign, loan, or resell the Software; (d) modify, decompile, disassemble or reverse engineer the Software; (e) remove or modify any legal notices in the Software.
3. Technical Support
Use of Panini Transliteration does not entitle you to technical support from Luna Ergonomics Pvt. Ltd.. You therefore accept that Luna Ergonomics Pvt. Ltd. has no obligation to provide any form of technical support to you.
4. Ownership
The Software is proprietary to Luna Ergonomics Pvt. Ltd.. The Software is licensed, not given or sold, to you notwithstanding any reference herein to "purchases." You acknowledge and agree that: (a) the Software is protected under Indian copyright and other national and international copyright laws; (b) Luna Ergonomics Pvt. Ltd. and its licensors retain all copyrights and other intellectual property rights in the Software; (c) there are no implied licenses under this License, and any rights not expressly granted to you hereunder are reserved by Luna Ergonomics Pvt. Ltd.; (d) you acquire no ownership or other interest (other than your license rights) in or to the Software; and (e) Luna Ergonomics Pvt. Ltd. owns all copies of the Software, however made. You agree that you will not, at any time, contest anywhere in the world Luna Ergonomics Pvt. Ltd.'s ownership of or rights in the Software. You have no rights hereunder to use any trademark or service mark belonging to Luna Ergonomics Pvt. Ltd..
5. Bundling
In no case may the Software be bundled with a hardware or software product without written permission from Luna Ergonomics Pvt. Ltd..
6. Distribution License
Provided that you are distributing the then-current version of Panini Transliteration, you are hereby licensed to make as many copies of Panini Transliteration as you wish; give exact copies of the original Panini Transliteration package to anyone; and distribute Panini Transliteration in its unmodified form via electronic means (Internet, BBS's, software distribution libraries, CD-ROMs, DVDs, etc.). You may charge a small distribution fee for Panini Transliteration, but you must not represent in any way that you are selling the software itself.
You may not make Panini Transliteration available on any site, CD-ROM, DVD, or with any package, or with any other medium or service, which makes available or contains viruses, virus source code, virus construction programs, virus creation material, software cracks, spyware, malware or other malicious code or material.
Permission to distribute Panini Transliteration is not transferable, assignable, saleable, or franchizable, and any attempt to do so is void. Each entity wishing to distribute Panini Transliteration must independently satisfy the terms of the foregoing distribution license.
7. Compliance
You shall conduct your business in compliance with all laws and regulations in any way applicable to the Software or to the performance of your obligations under this Agreement. Without limiting the generality of the foregoing, you shall not take any action that would violate any law and regulation.
8. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. Luna Ergonomics Pvt. Ltd. DISCLAIMS as far as legally permissible ALL WARRANTIES RELATING TO THE SOFTWARE, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY OR NON-INFRINGEMENT . Luna Ergonomics Pvt. Ltd. DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, SECURE OR ERROR-FREE. NEITHER Luna Ergonomics Pvt. Ltd. NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE ("SUPPLIERS") SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOST REVENUES, PROFITS AND/OR SAVINGS) ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF Luna Ergonomics Pvt. Ltd. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS.THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.
THE ENTIRE LIABILITY OF Luna Ergonomics Pvt. Ltd. AND ITS SUPPLIERS, ANDYOUR EXCLUSIVE REMEDY, WITH RESPECT TO THE USE OF THE SOFTWARE OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, FOR USE OF THE SOFTWARE. YOU HEREBY RELEASE Luna Ergonomics Pvt. Ltd. AND SUCH OTHER PERSONS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SOFTWARE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
YOU ARE SOLELY RESPONSIBLE FOR SELECTION, INSTALLATION AND LAUNCH OF THE SOFTWARE AND FOR BACKING UP YOUR DATA AND FILES, AND HEREBY RELEASE US AND OUR SUPPLIERS FROM ANY LIABILITY OR DAMAGES DUE TO THE LOSS OF ANY SUCH DATA OR FILES.
Luna Ergonomics Pvt. Ltd. IS NOT LIABLE FOR ANY INAPPROPRIATE OR ILLEGAL USE OF THE SOFTWARE.
9. Governing Law / Jurisdiction
This Agreement is as far as legally permissible governed by Indian Law.
10. Termination
Luna Ergonomics Pvt. Ltd. may terminate this Agreement at any time upon default by you of the license provisions of this Agreement, or any other material default by you of this Agreement not cured within thirty (30) days after written notice thereof. Except for Sections 2 and 6, all provisions of this Agreement shall survive termination of this Agreement.
11. Severability Clause
If any provision of this Agreement is or becomes ineffective or if there is an omission from this Agreement, this does not affect the legal validity of the remaining provisions. The ineffective provision will be replaced by an effective provision that is as close as possible in economic terms to the provision wanted by the parties. The same procedure applies in the case of an omission.
12. General
You shall not assign, delegate or sublicense any of your rights or obligations under this Agreement, by operation of law or otherwise, without prior written consent of Luna Ergonomics Pvt. Ltd., and any attempt without such consent shall be void. Subject to the preceding sentence, this Agreement binds and benefits the permitted successors and assigns of the parties. Luna Ergonomics Pvt. Ltd. may change the terms, conditions and pricing relating to the future licensing of its Software and other intellectual property rights, including this Agreement, from time to time. No waiver will be implied from conduct or failure to enforce neither rights nor effective unless in writing signed on behalf of the party against whom is the waiver asserted.
There are no third-party beneficiaries to this Agreement. Luna Ergonomics Pvt. Ltd. is not bound by additional and/or conflicting provisions in any purchase order or other correspondence unless expressly agreed in writing. This Agreement is the complete and exclusive statement of agreement between the parties as to its subject matter and supersedes all proposals or prior agreements, verbal or written, advertising, representations or communications concerning the Software.
Last updated: 30 September 2012