End User License Agreement

End User License Agreement- last updated on 5th March 2019

This License Agreement details the policy for license of Timeous Technetronic Private Limited, Peddle Plus ("Licensed Software") on the following topics:

1. Evaluation Period License
2. Commercial License

Please read the following license carefully, before either
(i) completing the electronic order or download of the Licensed Software from an authorized website, or
(ii) installing the Licensed Software from media that was delivered after being ordered by alternative order process, as applicable. You acknowledge that you have read this License Agreement, have understood it, and agree to be bound by its terms. If you do not agree to the terms and conditions of this Agreement, exit the web site page without continuing the ordering process.

1. Evaluation License

PEDDLE PLUS grants to you a non-exclusive, non-transferable, Evaluation License for trial and evaluation of the Licensed Software, in binary object code form, for a period of thirty (15) days from the date of download or installation. This License begins upon downloading or installing the Licensed Software and ends thirty (15) days thereafter ("Evaluation Period"). If you are not willing to use the Licensed Software, after the Evaluation Period, delete all the copies installed in your computer with immediate effect. You are forbidden from using the Licensed Software for any other use or otherwise offering it for resale under the terms of this Section 1. PEDDLE PLUS retains all rights not specifically granted to you herein.

2. Commercial License

(a) First year Software License: As part of your choosing to license the Licensed Software, PEDDLE PLUS grants you a fee-bearing, non-exclusive, non-transferable, non-refundable world-wide license to Use the Licensed Software for 1 year from the date of license activation, including user documentation that you have downloaded from or received on media provided by PEDDLE PLUS or its partners, including all updates provided through the annual license renewal, where applicable, provided that such access and Use of the Licensed Software is in accordance with the Node Locked License granted by PEDDLE PLUS. "Use" means storing, loading, installing, executing or displaying the Licensed Software. "Node Locked License" means that one copy of the Licensed Software can be installed only on one machine.

(b) Annual License Renewal: To continue using the Licensed Software beyond one year, you must renew your license every year at least 5 days before the expiry of the term. If otherwise, PEDDLE PLUS software will expire and late payment charges will apply in addition to renewal.

(c) Information We collect from you: As part of the installation, registration and software usage process PEDDLE PLUS will collect information like contact person, mobile number, business name & address. This information will be uploaded to PEDDLE PLUS CRM (Customer Relationship Management) to serve you better. You agree to provide true, accurate, current and complete information to help PEDDLE PLUS serve you better.

3. Third Party Products

The Licensed Software may contain software which originated with third party vendors and without limiting the general applicability of the other provisions of this Agreement, you agree that
(a) the title to any third party software incorporated in the Licensed Software shall remain with the third party which supplied the same; and
(b) you will not distribute any such third party software available with the Licensed Software, unless the license terms of such third party software provide otherwise.

4. Restrictions on Use

In addition to all other terms and conditions of this Agreement, you shall not

1. Install one copy of the Licensed Software on more than one computer.
2. Remove any copyright, trademark or other proprietary notices from the Licensed Software or its copies.
3. Make any copies except for one back-up or archival copy, for temporary emergency purpose.
4. Rent, lease, license, sublicense or distribute the Licensed Software or any portions of it on a standalone basis or as part of your application>
5. Modify or enhance the Licensed Software.
6. Reverse engineer, decompile or disassemble the Licensed Software..
7. Allow any third parties to access, use or support the Licensed Software.

5. PEDDLE PLUS Annual Maintenance Services

PEDDLE PLUS provides support that includes response to tickets raised through [email protected] and requests from live chat from website (www.peddleplus.in), email support for problem reporting, remote support for problem resolution, product updates, and online access to product documentation, self-help videos & tutorials. To avail the PEDDLE PLUS's Annual Maintenance Service (Technical Support) is mandatory.

6. Ownership and Intellectual Property

PEDDLE PLUS owns all right, title and interest in and to the Licensed Software. PEDDLE PLUS expressly reserves all rights not granted to you herein, notwithstanding the right to discontinue or not to release any Licensed Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or characteristics of the Licensed Software. The Licensed Software is only licensed and not sold to you by PEDDLE PLUS.

7. Audit

PEDDLE PLUS has the right to audit your Use of the Licensed Software by providing at least seven (7) days prior written notice of its intention to conduct such an audit at your facilities during normal business hours.

8. Confidentiality

The Licensed Software contains proprietary information of PEDDLE PLUS that are protected by the laws of India and you hereby agree to take all reasonable efforts to maintain the confidentiality of the Licensed Software. You agree to reasonably communicate the terms and conditions of this Agreement to those persons employed by you who come into contact with or access the Licensed Software, and to use reasonable efforts to ensure their compliance with such terms and conditions, including but not limited to, not knowingly permitting such persons to use any portion of the Licensed Software for a purpose that is not allowed under this Agreement.

9. Warranty Disclaimer

PEDDLE PLUS does not warrant that the Licensed Software will be error-free. Except as provided herein, the Licensed Software is furnished "as is" without warranty of any kind, including the warranties of merchantability and fitness for a particular purpose and without warranty as to the performance or results you may obtain by using the Licensed Software. You are solely responsible for determining the appropriateness of using the Licensed Software and assume all risks associated with the use of it, including but not limited to the risks of program errors, damage to or loss of data, programs or equipment, and unavailability or interruption of operations. Because some jurisdictions do not allow for the exclusion or limitation of implied warranties, the above exclusions or limitations may not apply to you.

10. Limitation of Liability

In no event will PEDDLE PLUS be liable to you or any third party for any special, incidental, indirect, punitive or exemplary or consequential damages, or damages for loss of business, loss of profits, business interruption, or loss of business information arising out of the use or inability to use the program or for any claim by any other party even if PEDDLE PLUS has been advised of the possibility of such damages. PEDDLE PLUS's entire liability with respect to its obligations under this agreement or otherwise with respect to the Licensed Software shall not exceed the amount of the named license fee paid by you for the Licensed Software. Because some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, the above exclusions or limitations may not apply to you.

11. Indemnification

PEDDLE PLUS agrees to indemnify and defend you from and against any and all claims, actions or proceedings, arising out of any claim that the Licensed Software infringes or violates any valid Indian patent, copyright or trade secret right of any third party; so long as you provide;
(i) Prompt written notice to PEDDLE PLUS of such claim;
(ii) Cooperate with PEDDLE PLUS in the defense and/or settlement thereof, at PEDDLE PLUS expense; and,
(iii) Allow PEDDLE PLUS to control the defense and all related settlement negotiations.

The above is PEDDLE PLUS sole obligation to you and shall be your sole and exclusive remedy pursuant to this Agreement for intellectual property infringement. PEDDLE PLUS shall have no indemnity obligation for claims of infringement to the extent resulting or alleged to result from
(i) Any combination, operation, or use of the Licensed software with any programs or equipment not supplied by PEDDLE PLUS;
(ii) Any modification of the Licensed Software by a party other than PEDDLE PLUS; and
(iii) Your failure, within a reasonable time frame, to implement any replacement or modification of Licensed Software provided by PEDDLE PLUS.

12. Termination

This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying or returning to PEDDLE PLUS all copies of the Licensed Software in your possession. Either party may terminate this Agreement upon breach by the other party of the terms of this Agreement, including but not limited to clauses 2a, 3, 4, 5, 6, 7, 8, 13 and 14 and the failure by the other party to cure such breach within 30 (thirty) days' written notice. Upon termination, you shall destroy or return to PEDDLE PLUS all copies of the Licensed Software and certify in writing that all know copies have been destroyed. All provisions relating to confidentiality, proprietary rights, non-disclosure, and limitation of liability shall survive the termination of this Agreement.

13. General

This Agreement shall be construed, interpreted and governed by the laws of India exclusive of its conflicts of law provisions. This Agreement constitutes the entire agreement between the parties, and supersedes all prior communications, understandings or agreements between the parties. Any waiver or modification of this Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this Agreement is found invalid or unenforceable, the remainder shall be interpreted so as to reasonable effect the intention of the parties. You shall not export the Licensed Software or your application containing the Licensed Software except in compliance with Indian export regulations and applicable laws and regulations.

14. Ownership

PEDDLE PLUS is allowed to print its product or brand name in the invoice copy of your customers. It will be in the format of Software by PEDDLE PLUS, along with the telephone number, email id and website address.

15. Other General Terms & Conditions

This license statement and limited warranty constitutes a legal agreement ("License Agreement") between you (either as an individual or a single entity) and Timeous Technetronic Private Limited ("Timeous") for the software product, PEDDLE PLUS ("Software"), including any software, media, and accompanying on-line or printed documentation.

BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT. If you are the original purchaser of the Software and you do not agree with the terms and conditions of the License Agreement, promptly return the unused Software License key/Activation key to the place from which you obtained it for a full refund. Upon your acceptance of the terms and conditions of the License Agreement, Timeous grants you the right to use the Software in the manner provided below. After installation and activation of the PEDDLE PLUS activation key, no license fees will be refunded in any circumstances

This Software is owned by Timeous and is protected by copyright law and international copyright treaty. Therefore, you must treat this Software like any other copyrighted material (e.g., a book or any other licensed software), except that you may either make one copy of the Software solely for backup or archival purposes or transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes.

You will not transfer the Software and documentation on a permanent basis provided you retain no copies and the recipient agrees to the terms of the License Agreement. Except as provided in the License Agreement, you may not transfer, rent, lease, lend, copy, modify, translate, sublicense, time-share or electronically transmit or receive the Software, media or documentation. You acknowledge that the Software in source code form remains a confidential trade secret of Timeous and therefore you agree not to modify the Software or attempt to reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

If you have purchased an upgrade version of the Software, it constitutes a single product with the Timeous software that you upgraded. You may use or transfer the upgrade version of the Software only in accordance with the License Agreement.

Timeous grants to you as an individual, nonexclusive license to install and use the Software. You may install a copy of the Software on a computer, provided that you are the only individual using the Software. If you are an entity, Timeous grants you the right to designate one individual within your organization ("Named User") to have the right to use the Software in the manner provided above.

The Multi-User License permits installation of the software on multiple computers up to the amount covered by the license.

If you purchased a site license - Usage is restricted to a registered entity. Unlimited number of computers of/within this entity including both desktops and notebooks are allowed to install the software.

You hereby consents and authorizes Timeous to use Customer's name and logo for purposes of referral and reference to the public at large indicating that Timeous has provided its services to Customer and that Timeous may use said name and logo without cost or charge to it.

Disclaimer:

Best effort has been made to ensure that the information accompany with Peddle Plus is updated and accurate.

However, TimeousTechnetronic Private Limited is not responsible for any loss or claim in using the information.