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Terms & Conditions
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Terms and Conditions of Use
Last Updated: 01Oct 2024
These Terms and Conditions ("Terms") govern your use of the software and services provided by Actonix Software Pvt. Ltd. ("Company", "we", "us", or "our"). By installing, accessing, or using any of our software ("Software"), you ("User" or "you") agree to be bound by these Terms. If you do not agree to these Terms, do not use the Software.
1. License Grant
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use the Software for personal or internal business purposes. This license is not a sale of the Software or any copy thereof, and we or our licensors retain all rights, title, and interest in and to the Software.
2. Restrictions on Use
You agree not to:
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Use the Software for any unlawful purposes.
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Modify, adapt, translate, reverse engineer, decompile, disassemble, or attempt to derive source code from the Software.
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Distribute, sublicense, rent, lease, or transfer the Software to any third party without prior written consent.
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Remove, alter, or obscure any proprietary notices (including copyright or trademark notices) on the Software.
3. Ownership and Intellectual Property
All rights, title, and interest in the Software, including but not limited to all intellectual property rights, remain with Actonix Software Pvt. Ltd. and its licensors. You acknowledge that the Software is licensed, not sold, to you under these Terms, and you do not acquire any ownership rights in the Software.
4. Updates and Modifications
We may, at our discretion, provide updates or modifications to the Software. These updates may be automatic or require manual installation, and may be necessary to maintain proper functioning of the Software. You agree that we are not obligated to provide any updates or support.
5. Warranties and Disclaimers
The Software is provided "as is" and "as available," without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Software will be uninterrupted, error-free, or secure.
6. Limitation of Liability
In no event shall Actonix Software Pvt. Ltd. be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, even if advised of the possibility of such damages. Our total liability to you for all claims related to the use of the Software shall not exceed the amount paid by you for the Software.
7. Termination
We may terminate or suspend your license to use the Software at any time, with or without cause, and without prior notice. Upon termination, you must cease all use of the Software and delete all copies from your systems.
8. Privacy and Data Collection
By using the Software, you agree to our collection and use of your data as outlined in our Privacy Policy [insert link]. We may collect technical and usage data to improve our products and services, but we will not share your personal information with third parties without your consent, except as required by law.
9. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of [Jurisdiction, e.g., India], without regard to its conflict of laws principles. Any disputes arising from these Terms or the use of the Software shall be subject to the exclusive jurisdiction of the courts in [City, Country].
10. End User Responsibilities
You are responsible for maintaining the security and confidentiality of your account, if applicable, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access or use of the Software.
11. Third-Party Components
The Software may include components from third parties. Your use of these components is subject to the terms and conditions of the third-party providers. You agree to comply with all applicable third-party license agreements.
12. Indemnity
You agree to indemnify, defend, and hold harmless Actonix Software Pvt. Ltd., its affiliates, and its respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of your use of the Software or breach of these Terms.
13. Support and Maintenance
Support for the Software may be provided at our discretion and is subject to the terms and conditions of any separate agreement you may have with us. We are not obligated to provide ongoing maintenance or support.
14. Automatic Renewal (if applicable)
If the Software is provided on a subscription basis, your subscription will automatically renew at the end of each term unless you cancel it in accordance with the cancellation procedures outlined in your agreement with us. You authorize us to charge your payment method for the renewal period unless you cancel the subscription.
15. Export Restrictions
You agree to comply with all applicable export and re-export control laws and regulations. You represent that you are not located in a country that is subject to a U.S. Government embargo or has been designated by the U.S. Government as a "terrorist-supporting" country.
16. Changes to the Terms
We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by posting the revised terms on our website or through the Software. Your continued use of the Software after such changes will constitute your acceptance of the revised terms.
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