END-USER LICENSE AGREEMENT
PRODUCT LICENSE AGREEMENT
Please read this product license agreement carefully before viewing or using the product. By clicking on the "I accept" button, opening the package, downloading the product, or using the equipment that contains this product, you are consenting to be bound by this agreement. If you do not agree to all of the terms of this agreement, click the "I do not accept" button and the installation process will not continue, return the product to the place of purchase for a full refund, or do not download the product.
“Customer” means any School, Ministry of Education, 3D cinema theater, 3D library, museum or any other commercial centre holder of Eureka License, which purchases or leases Products from DM.
“DM” means Designmate (I) Pvt. Ltd., above qualified.
“Distributor” means DM authorized distributor engaged in marketing and distribution of Eureka.in products.
“Eureka” means Eureka.in.
“License” means a non-transferable right granted to Customer for use of any of the Eureka.in Educational Products through offline mode and not being connected to the internet or any access by any other means whereby the data can be transferred online or live; for the period of one (1) year. The right of use of each Eureka.in Product (as defined below) will correspond to one License.
“Product” means Eureka.in educational products.
SINGLE USER LICENSE GRANT
DM and its distributors grant to Customer a non-exclusive and non-transferable license to use the Eureka product solely on a single central processing unit owned or leased by Customer or otherwise embedded in equipment provided by its distributors.
DM authorizes the Customer to use the product only within the premises of the Customer. In no way can the Customer use any means or technology to show / broadcast or use the product outside the Customer premises aside than as specifically permitted by DM.
Except as expressly authorized above, the distributor, its employees, customers, resellers, associates shall not: copy, in whole or in part, product or documentation; modify the product; reverse compile or reverse assemble all or any portion of the product, distribute, sell, or create derivative works of the product.
Customer agrees that aspects of the licensed materials, including the specific design and structure of individual programs, constitute trade secrets and/or copyrighted material of DM. Customer agrees not to disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of DM. Customer agrees to implement reasonable security measures to protect such trade secrets and copyrighted material. Title to Product and documentation shall remain solely with DM.
DM has made this product to the best of its capabilities, using qualified teachers and Post Graduates for the interpretation and visualization. However, DM does not provide any warranty, guarantee or take any liability about the complete correctness of the product. The Customer uses the product entirely at their own risk. DM takes no responsibility on the end result of students, in their examinations or learning process. The Customer must take into account all possible traditional teaching methods for examinations or learning process. Eureka is just a visualization tool for students. It is not to supplement teachers, schools or traditional teaching/ educational methods of teaching.
Except as specified in this warranty, all express or implied conditions, representations, and warranties including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, non-infringement or arising from a course of dealing, usage, or trade practice, are hereby excluded to the extent allowed by applicable law. In no event will DM or its distributors be liable for any lost revenue, profit, or data, or for special, indirect, consequential, incidental, or punitive damages however caused and regardless of the theory of liability arising out of the use of or inability to use the product even if DM or its distributors have been advised of the possibility of such damages. In no event shall DM's or its distributors' liability to customer, whether in contract, tort (including negligence), or otherwise, exceed the price paid by Customer.
In the event of Eureka being sold to the Customer via our distributor network, the Customer agrees that the distributor would be liable for all distributor’s actions pertaining to the Customer or any other party.