ALARIC DESIGN SOFTWARE END USER LICENSE AGREEMENT

This Software End User License Agreement (“this Agreement”) is a legal and binding agreement between YOU (either an individual or an entity) and ALARIC DESIGN PRIVATE LIMITED COMPANY, having its Principal Office at A 201, S. No. 5/1/1 2/5/2/1, 6/2/1, Opp Krishna Sunder Garden Galaxy, Mhatre Bri Pune Pune-411004, India hereinafter referred to as "we”, “us”, “the Company”.

This Agreement grants you the right to use the "Alaric Software," inclusive of electronic user documentation, either provided separately, or together with the Alaric Design Products (the “Product”), or accessible at www.alaricdesign.com. Your acceptance of this Agreement is implied by downloading, installing, or otherwise using the Alaric Software, and signifies your commitment to comply with all the terms and conditions outlined herein. If you disagree with these terms and conditions, do not download, install, or otherwise use the Alaric Software.

If you are installing the Alaric Software on behalf of the end user and you are not the end user, you warrant and represent that you have the proper authorization to act on behalf of the end user. Additionally, you confirm your acceptance of this Agreement and acknowledge your responsibility to ensure the end user's adherence and compliance to the terms outlined in this Agreement.

For the purposes of these Terms:

  1. “Alaric Software” means the mobile application / wallet / tablet / desktop, or any other digital mode and/or operating system as provided by Alaric Design Private Limited, on which you may avail the Services and includes applications controlled and managed by Alaric Design Private limited which interact with one or more such mobile applications / wallets / tablets and digital modes as provided by the Company.
  2. “Products” shall mean the “Collapsible One Wire Workstations” including Vertix, Prymus, 1 Wire X & Alaric Series offered for sale by Alaric Design Private Limited.
  3. Alaric Design Private Limited and you are hereinafter individually referred to as “Party” and collectively as “Parties”.

By accepting the below terms of this Agreement, you hereby acknowledge that you are legally authorized to enter into this agreement and be bound by its terms.

1. GRANT OF LICENSE

This Agreement provides you with a non-exclusive, non-transferable, and non- sublicensable license, allowing the installation and use of, on a device or PC, as applicable one (1) copy of the specified version of the Alaric Software in object code format, as outlined in the user documentation. The Alaric Software is deemed "in use" when loaded into the temporary or permanent memory (e.g., RAM, hard disk) of the PC or device. Your usage of the Alaric Software should align with the intended purpose defined by the Company, and you must adhere to any reasonable requirements or restrictions communicated on the www.alaricdesign.com “website” and/or mobile/ Web Applications in greater detail. In case you encounter any discomfort during the use of the Alaric Software, at any time during the use of the Alaric Software due to light synchronizations or combinations, please discontinue using the Alaric Software.

2. OWNERSHIP

The Software is provided to you under a license and is not sold to you. This Agreement specifically grants you the right to use the Alaric Software, with no acquisition of any express or implied rights in the Alaric Software beyond those explicitly stated herein. The Company retains complete ownership, including all rights, title, and interest in and to the Alaric Software, including patents, copyrights, trade secrets, and other intellectual property rights integrated into it. The Alaric Software is safeguarded by copyright laws, international treaties, and other intellectual property regulations. Consequently, aside from the provisions explicitly outlined in this Agreement, you are prohibited from copying the Alaric Software without the prior written consent of the Company. Nevertheless, you are allowed to create a single (1) backup copy of the Software for your personal use. Additionally, copying any printed materials accompanying the Software is strictly prohibited, and you are limited to producing only one (1) copy of any user documentation provided in electronic form, exclusively for backup purposes.

3. LICENSE RESTRICTIONS

3.1. Except as provided otherwise herein, you shall not, and shall not permit any third party to rent, lease, sublicense, sell, assign, loan, or otherwise transfer the Alaric Software or any part thereof;

3.2. reverse engineer, decompile, or disassemble the Alaric Software, except to the extent that applicable law expressly prohibits the foregoing restriction;

3.3. remove or destroy any product identification, copyright notices, or other proprietary markings or restrictions from the Alaric Software;

3.4. modify or adapt the Alaric Software, merge the Alaric Software

3.5. use the Alaric Software in violation of any laws, regulation, or court order, or for any unlawful or abusive purpose;

3.6. use the Alaric Software in any manner that could harm the Company, its service providers, or any other person;

3.7. not copy, republish, reproduce, distribute, display, post or transmit any part of the Alaric Software;

3.8. perform an action with the intent of introducing to the Alaric Design Products or Alaric Software viruses, worms, defects, trojan horses, malware or any items of a destructive nature or disabling the Alaric Design Products, Alaric Software, or other end users’ devices and

3.9. to circumvent or attempt to tamper with the security of or disable any of the Alaric Design Products or Alaric Software or other end user devices. All titles, trademarks, and copyright and restricted rights notices shall be reproduced on your back up copy of the Alaric Software.

4.   CONTENT, INTELLECTUAL PROPERTY & THIRD-PARTY LINKS

4.1. Any third-party software, services, or other products you use in connection with the Services are subject to their own terms, and the Company is not responsible for third party products.

4.2. The Company is the Intellectual Property owner of this Alaric Software. Any copyright, trademarks, patent rights, trade secrets, and other intellectual property rights related to the Alaric Software and all its related content (including but not limited to text, images, audio, video, charts, interface and layout design, relevant data, or electronic documents) belong to Alaric Design Private limited and are protected by local laws and regulations and corresponding international treaties.

4.3. Without the Company’s written consent, you shall not implement, utilize, transfer, or permit any third party to implement, utilize, or transfer the above intellectual property rights for any commercial or non-commercial purpose. The Company reserves the right to pursue legal action for the above acts.

5. TERMINATION

5.1. This Agreement shall be effective upon installation or first use of the Alaric Software and shall terminate without notice:

  • at the discretion of the Company due to your failure to comply with any term of this Agreement; or
  • if any fee charged by the Company for continued use is not paid in due time; or
  • upon destruction of all copies of the Alaric Software and related materials provided to you by the Company hereunder or
  • if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement.

5.2. Alaric Design Private Limited’s rights and your obligations shall survive the termination of this Agreement. You shall either remove or irretrievably delete the Alaric Software from your devices and return the Alaric Software and any copies thereof and documentation relating thereto to Alaric Design Private limited at your own expense immediately upon the termination of this Agreement.

5.3. Upon termination, you must immediately destroy any downloaded and printed materials. Any provision of this Agreement which imposes an obligation or creates a right that by its nature will be valid after termination or expiration of this Agreement shall survive the termination or expiration of the Agreement.

6. UPGRADES

The Company reserves the right, at its sole discretion, to provide upgrades to the Alaric Software through general postings on a website or via other means. These upgrades may be offered in accordance with the terms outlined in this Agreement, or the release of such upgrades may be subject to your acceptance of an additional agreement. It is recommended that you regularly visit the website to stay informed about any updates or upgrades. In the event of mandatory updates, it is advised that you promptly update or upgrade your Alaric Software.

7. SUPPORT SERVICES

The Company shall provide technical or other support ("Support Services") for the Alaric Software and the terms governing such services will be subject to a separate agreement to be mutually established between you and the Company.

8. FEEDBACK

If you submit any comments, suggestions, or other materials ("Feedback") to the Company regarding the Alaric Software, you hereby transfer all ownership rights to such Feedback to the Company. You acknowledge that the Company will have the right to use and implement the Feedback in any manner without limitations, and without any obligation of confidentiality, attribution, or compensation to you. In the event that the assignment of ownership is deemed ineffective, you agree to grant the Company a license to use the Feedback without any restrictions. Furthermore, you waive any moral rights associated with such Feedback.

9. NO WARRANTY

The Company and its affiliates provide the Alaric Software and the user documentation on an "as-is" and "with all faults" basis, without any warranty that the Alaric Software will operate error-free, without interruptions, or meet your requirements. You bear all responsibilities for the selection of the Alaric Software to achieve your intended results, as well as for the installation, use, and results obtained from the Alaric Software. To the maximum extent permitted by applicable law, the Company and its affiliates disclaim all warranties and conditions, whether express or implied. This includes, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and the accuracy or completeness of results concerning the Alaric Software and accompanying materials. No warranty is provided against infringement.

10. LIMITED LIABILITY

To the maximum extent permitted by applicable law, Alaric Design Pvt. Ltd and its affiliates shall have no liability for any damages incurred as a result of your use of the Alaric Software or user documentation.

11. YOUR WARRANTY AND INDEMNITY

You affirm, warrant, and guarantee that both you and the end user (if applicable, on whose behalf you entered into this agreement) will utilize the Alaric Software in adherence to this agreement and in compliance with applicable laws and regulations. You acknowledge that the Alaric Software will synchronize the lights based on the content displayed on your screen, and you and the end user warrant that you have a legitimate right to access/view such content and operate the Alaric Software to synchronize the lights accordingly.

You agree that you and the end user shall indemnify, defend, and hold harmless the Company, its officers, directors, employees, affiliates, agents, and any other service provider associated with the Alaric Software, from any and all claims, losses, damages, and expenses (including attorneys’ fees) arising from or related to your use or misuse of the Alaric Software, or any breach by you of the provisions of this Agreement or applicable laws, rules, and regulations. The Company reserves the right, at your sole expense, to assume the exclusive defence and control of any claim, action, proceeding, or any other matter for which you are obligated to indemnify the Company or any of its officers, directors, employees, affiliates, and agents, and you agree to fully cooperate with the Company at its request.

12. TRADEMARK

Alaric Design Private limited has proprietary rights and trade secrets in the Alaric Software. You may not copy, reproduce, resell or redistribute any Alaric Software manufactured and/or distributed by us. This license does not provide you any authorization to use any such trademarks.

13. EXPORT ADMINISTRATION

You agree that you will not directly or indirectly, export or re-export the Alaric Software to any country for which the Foreign Trade (Development and Regulation) Act, 1992 requires an export license or other government approval, unless the appropriate export license or approval has first been obtained. By downloading or installing the Alaric Software you agree to abide by this export provision.

14. GOVERNING LAW

The Software End User License Agreement is governed by and to be interpreted in accordance with laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising in relation to this Software End User License Agreement or any dispute arising in relation to the Alaric Software whether in contract or tort or otherwise, to submit to the jurisdiction of the courts located in Pune, India for the resolution of all such disputes.

15. STATUTE OF LIMITATION

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Alaric Software or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

16. GENERAL

16.1. This Agreement contains the entire Agreement between you and the Company and supersedes any prior representation, undertaking or other communication or advertising with respect to the Alaric Software and user documentation. Notwithstanding anything to the contrary herein, you are aware and agree that the Company may, at its sole discretion, amend, modify, add, or remove, any and all of the terms of this Agreement, by either making available such changes on a website or providing you with notice to that effect, at the Company’s sole discretion. By continuing the use of the Alaric Software, you agree to any and all amendments up to such use. If you do not agree to an amendment, you must immediately cease to use and access the Alaric Software, and this Agreement shall immediately terminate. If any part of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect.

16.2. Any accessing, installing, or otherwise using the Alaric Software indicates your agreement to this Agreement, the Alaric Design Privacy Policy and any other policies or guidelines that may be applicable on the Alaric Software at the time of your access and usage of the Alaric Software and which may be updated from time to time.

16.3. This document is an electronic record in terms of Information Technology Act, 2000 and rules, along with the Digital Personal Data Protection Act, 2023 made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023. This electronic record is generated by a computer system and does not require any physical or digital signatures.

16.4. By accepting this Agreement, you affirm that you are 18 (Eighteen) years of age or above and are fully competent to enter into this Agreement, and to abide by and comply with this Agreement. If a user is below 18 (Eighteen) years of age, it is assumed that he/she is using/installing the Alaric Software under the supervision of his/her parent or legal guardian and that such user’s parent or legal guardian has read and agrees to the terms of this Agreement.

16.5. If you have any query regarding this Agreement, you may contact us at info@alaricdesign.com or call us at ‪+91 91 75286 500 (between 10:00 am and 6:00 pm) (“Customer Service”). Please be informed that the Company reserves all the rights in the Alaric Software.

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