END USER LICENSE AGREEMENT
IMPORTANT – READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and M/s Epicenter Consulting Engineers Private Limited (“ECEPL”), for Spreadsheets/ Workbooks/ Design Templates/ Design Applications/ Calculation Templates/ Demo Videos that accompanies this EULA (hereinafter referred to as “The Software”).
BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE ACCESSING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. YOUR ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS OF THIS EULA IS A CONDITION TO THE GRANT OF THE SOFTWARE LICENSE BY ECEPL. THIS EULA, AS MAY BE MODIFIED BY ANY APPLICABLE SIGNED WRITTEN AGREEMENT BETWEEN YOU AND ECEPL, REPRESENTS THE ENTIRE SET OF TERMS AND CONDITIONS GOVERNING YOUR USE OF THE SOFTWARE, AND SUPERSEDES ALL PRIOR ORAL OR WRITTEN COMMUNICATIONS, PROPOSALS AND PRESENTATIONS IN RESPECT OF THE SOFTWARE OR THE EULA.
Should this agreement be translated into a language other than English, and a conflict in content be found between the English and other versions, the English version shall take precedence. You should keep a copy of this EULA for your records. ECEPL may update or amend the EULA at any time without notice to you. However, the form of EULA in effect at the time of acquisition of the Software will apply.
The Software is not sold, but only licensed. The license confers no title or ownership in the Software and should not be construed as a sale of any rights in the Software. Except as expressly set forth in this EULA, all rights not granted hereunder to you are expressly reserved by ECEPL.
Subject to the terms of this EULA, ECEPL grants to you a non-exclusive, non-transferable, revocable license to use the Software as permitted by this EULA solely for your personal and non-commercial use. The Software cannot be used for any other purpose. You are not permitted to lease, rent, sub-license, publish, copy, modify, adapt, translate, reverse engineer, decompile, or disassemble all or a portion of the Software without ECEPL’s prior written consent.
DISCLAIMER OF WARRANTIES
You expressly acknowledge that use of the Software is at your own risk. To the fullest extent permissible under applicable law, the Software is supplied on an “as is” and “as available” basis. ECEPL, its licensors, its channel partners and its associated service providers hereby disclaim any guarantees, conditions, warranties of any kind, express, implied or statutory or other terms including as to: (a) its conformity, accuracy, correctness, completeness, reliability or security (b) its suitability for a particular use (c) implied warranties of title, non-infringement (d) its market value or (e) your satisfaction. ECEPL does not warrant that the Software will be uninterrupted or error-free, that defects will be corrected, or that the software is free of viruses or other harmful components. You assume all responsibility for selecting the Software to achieve your intended results, and for the installation of, use of, and results obtained from the Software.
This Agreement is entered into, in the state of Telangana, India, and shall be governed by and construed in accordance with the laws of the state exclusive of its choice of law rules. For any disputes not subject to binding individual arbitration, you and ECEPL agree to submit to the exclusive jurisdiction of afore-mentioned area/ territory, and to waive any jurisdictional, venue, or inconvenient forum objections to the courts therein.
To the fullest extent of applicable law, ECEPL shall not be liable for special, incidental, or consequential damages resulting from possession, use or malfunction of the Software including, but not limited to, damages to property, loss of goodwill, computer failure or malfunction and, to the extent permitted by law, damages for personal injuries, lost profits or punitive damages from any cause of action arising out of or related to this Agreement or the Software, whether arising in tort (including negligence), contract, strict liability, or otherwise, whether or not ECEPL has been advised of the possibility of such damages. To the fullest extent of applicable law, ECEPL’s liability for all damages shall not exceed the actual price paid by you for use of the Software.