Khushiuka End-User License Agreement
IMPORTANT PLEASE READ THIS KHUSHIUKA END-USER LICENSE AGREEMENT (HEREINAFTER REFERRED TO AS THE “AGREEMENT”) CAREFULLY BEFORE USING OR TRYING TO ATTEMPT TO USE THIS KHUSHIUKA SOFTWARE (HEREINAFTER REFERRED TO AS THE “SOFTWARE”).
BY USING THIS SOFTWARE OR BY ACCEPTING OUR SOFTWARE USAGE AGREEMENT POLICY OR ATTEMPTING TO LOAD THE SOFTWARE IN ANY WAY, (SUCH ACTION WILL CONSTITUTE A SYMBOL OF YOUR CONSENT AND SIGNATURE), YOU ACKNOWLEDGE AND ADMIT THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT ONCE ACCEPTED BY “YOU” [AS AN INDIVIDUAL / COMPANY (ASSUMING YOU ARE HAVING LEGAL CAPACITY TO ENTER INTO AN AGREEMENT), OR THE COMPANY OR ANY LEGAL ENTITY THAT WILL BE USING THE SOFTWARE (HEREINAFTER REFERRED TO AS ‘YOU’ OR ‘YOUR’ FOR THE SAKE OF BREVITY)] SHALL BE A LEGALLY ENFORCEABLE AGREEMENT BETWEEN YOU AND KHUSHIUKA, GAYA, INDIA (HEREINAFTER REFERRED TO AS “KHUSHIUKA”). YOU SHALL HAVE THE RIGHTS TO USE THE SOFTWARE FOR YOUR OWN USE SUBJECT TO THE TERMS AND CONDITIONS MENTIONED IN THIS AGREEMENT OR AS AMENDED BY KHUSHIUKA FROM TIME TO TIME. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS BELOW, DO NOT USE THIS SOFTWARE IN ANY WAY AND PROMPTLY RETURN IT OR DELETE ALL THE COPIES OF THIS SOFTWARE IN YOUR POSSESSION.
In consideration of payment of the License Fee, evidenced by the Payment Receipt, Khushiuka grants You, a non-exclusive and non-transferable right for your own use only. Khushiuka reserves all rights not expressly granted, and retains the Intellectual Property Rights, Proprietary Rights, title and ownership of the software, including all subsequent copies in any media. This software and the enclosed documents are the property of Khushiuka and are copyrighted. Copying of the software or the enclosed documents is expressly forbidden.
License Fees paid to Khushiuka is considered only towards a non-exclusive and non-transferable right to use “Khushiuka” Software. Other add-on applications such as “Updates”, “Upgrades”, “(RDM) Web portal” are provided free of cost.
Definitions “Distributors” means the authorized distributors, sub-distributors of Khushiuka, selling Khushiuka range of products, including sales through Internet. “License period” means the period as more particularly described in this Agreement. “Device” means the personal digital assistants, computers, smartphones, handheld devices, or other electronic devices for which the software is specifically designed (for which, system requirements have been described particularly in the user manual or on our website www.khushiuka.in) on which the software will be installed and/or used. “Normal working hours” shall mean 09:30 a.m. to 6:30 p.m. India Standard Time (IST) on working days and “Working Days” means Mondays to Fridays inclusive, but excluding bank and public holidays in India. “Support” means the Technical Assistance in order to use the software, provided by Khushiuka, which may or may not be chargeable to you. For more details, please refer to www.khushiuka.in. “Updates” means collections of any or all virus definition files including detections and solutions for new viruses along with the corrections, improvements or modifications to the software. “Upgrades” means any correction, improvement, modification or yearly enhancements in the form of the new version of the software, which Khushiuka generally releases. “User Manual” means the user guide, Help guide, and other documentation provided with the software, updated agreements provided on the website of Khushiuka (www.khushiuka.in), explanatory or other materials as provided from time to time by Khushiuka. “You” means the “End User” which means: i. An individual (such an individual) installing/using/legally acquiring the right to use this software on his/her own behalf and every other person (whether authorized or not by such an individual) who uses/has the possession of the device on which the software is installed and activated; or ii. An organization (including but not limited to a partnership, joint venture, Limited Liability partnership, Limited Liability Company, Company of any nature, Trust, Governmental Authority, Unincorporated Organization, Association of Persons) or any person (such person) who have been authorized by such an organization to download, install, use the software, accept the Agreement on behalf of the organization and every other person (whether authorized or not by such person) who uses/has the possession of the Device on which the software is installed and activated.
Do’s & Don’ts:
Make copy of the software for backup purpose or for the purpose of sharing through various means (and such backup copy must be destroyed when you lose the right to use the software or is terminated for any other reason according to the legislation in force in the country of your principal residence or in the country where you are using the software) and replace lost, destroyed, or becomes unusable.
Use one copy of the software on a single computer. In case of multiuser pack, use the software only on the said number of systems as permitted.
Install the software on a network, provided you have a licensed copy of the software for each computer that can access the software over that network.
- Emulate or adapt any portion of the software.
- Sublicense, rent, or lease any portion of the software.
- Try making an attempt to reveal/discover the source code of the software.
- Debug, decompile, disassemble, modify, translate, or reverse engineer the software.
- Create derivative works based on the software or any portion thereof with sole exception of a non-waivable right granted to you by any applicable legislation.
- Remove or alter any copyright notices or other proprietary notices or statutory notices on any copies of the software.
- Reduce any part of the software to human readable form.
- Use the software in the creation of data or software used for detection, blocking or treating threats described in the user manual.
- Use for unlicensed and illegal purpose.
License Terms & Conditions
- You are entitled to use this software from the date of purchase/license activation date till the end of the period for which the license is purchased.
- You understand, agree, and accept that you are entitled for the updates via Internet and technical support via the telephone for the duration of the license period.
- You agree and understand that any unauthorized usage of this software or breach of any or all terms and conditions stated in the Agreement shall result in automatic and immediate termination of this Agreement as granted hereunder. Further, this may result in criminal and/or civil action by Khushiuka and/or its agents against you including but not limited to the right to block the key file/license key/product key without any prior intimation/notice to you. No refund will be paid to you in this regard.
OSS Licenses This software may also include some software programs, codes, and content that are licensed or sublicensed to the user under the open source software (OSS) licenses.