Databyte Equipment Pvt. Ltd. ("Databyte") IS WILLING TO LICENSE THE LIPIKAAR SOFTWARE,TECHNOLOGY AND ACCOMPANYING DOCUMENTATION (COLLECTIVELY, "SOFTWARE") UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS NON-COMMERCIAL VERSION LICENSE AGREEMENT ("AGREEMENT"). PLEASE READ THESE TERMS CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. BY INSTALLING OR USING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DATABYTE IS UNWILLING TO LICENSE THE SOFTWARE TO YOU ("YOU"), AND YOU SHOULD NOT INSTALL OR USE THE SOFTWARE.
Shall mean a method The Lipikaar method of typing non-English scripts wherein,
are fully protected through following patents:
To qualify for a Non-Commercial Version License, You must:
The term "Non-Commercial Entity" is limited to the following: university or other educational institutions (such as pre-schools, elementary schools, middle or junior high schools, high schools, and community or junior colleges), non-profit organizations (such as public libraries, charities, and other organizations created for the promotion of social welfare), "University Users", and other individual users who use the Software for personal use (such as connecting to an Internet Service Provider for personal use, hobby, recreational, or educational purposes). The term "University Users" is limited to students, faculty members, researchers, administrators, support staff, and employees of a university when acting in this capacity. If You qualify for a Non-Commercial Version License, You may use the Software free of charge. Databyte reserves the right to further clarify the terms Non-Commercial Entity, University Users at its sole determination.
If You do not qualify for a Non-Commercial Version License, you should contact Databyte and purchase a Commercial Use License.
Provided that you qualify for a Non-Commercial Version License as specified above, and subject to the terms and conditions contained herein, Databyte hereby grants You, an end user, a personal, non-transferable, non-exclusive, non-sublicensable license to install and use the Software, free of charge, for non-commercial purposes only. In addition, subject to the terms and conditions contained herein and provided that You meet the requirement specified above for an Non-Commercial Version License, Databyte hereby grants to You, an end user, a non-transferable, non-exclusive, non-sublicensable license, free of charge, to make copies of the Software as necessary all for non-commercial purposes only In case You have multiple users for the Software within your Non-Commercial Entity You may obtain an academic site license.
For the avoidance of doubt, the following are considered examples of commercial uses of the Software:
Databyte and/or its licensors reserve all rights not expressly granted to You herein. This license is not a sale of the Software or any copy of the Software. The Software contains valuable trade secrets of Databyte and its licensors. All worldwide ownership of and all rights, titles and interests in and to the Software, and all copies and portions of the Software, including without limitation, all intellectual property rights therein and thereto, are and will remain exclusively with Databyte. The Software is protected, among other ways, by the Indian copyright laws and international copyright treaties. All rights not expressly granted herein are retained by Databyte and its licensors.
You may not:
Any and all copies made by You as permitted hereunder must contain all of the original Software's copyright, trademark and other proprietary notices and marks.
Databyte is under no obligation to maintain or support or update the Software in any way, or to provide updates or error corrections.
The Software and any license authorization codes are confidential and proprietary information of Databyte. You agree to take adequate steps to protect the Software and any license authorization codes, if any, from unauthorized disclosure or use. You agree that You will not disclose the Software, in source code or object code form, to any third party, except as otherwise provided herein.
DATABYTE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, AND ANY WARRANTY THAT MAY ARISE BY REASON OF TRADE USAGE, CUSTOM, OR COURSE OF DEALING. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED "AS IS" AND THAT DATABYTE DOES NOT WARRANT THAT THE SOFTWARE WILL RUN UNINTERRUPTED OR ERROR FREE NOR THAT THE SOFTWARE WILL OPERATE WITH HARDWARE AND/OR SOFTWARE NOT PROVIDED BY DATABYTE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. UNDER NO CIRCUMSTANCES WILL DATABYTE OR ITS LICENSORS BE LIABLE FOR ANY DIRECT OR SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO THE SOFTWARE OR THIS AGREEMENT, EVEN IF DATABYTE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY PROVIDED IN THIS AGREEMENT. SUCH LIMITATION ON DAMAGES INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS OF DATA OR SOFTWARE, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR IMPAIRMENT OF OTHER GOODS. IN NO EVENT WILL DATABYTE OR ITS LICENSORS BE LIABLE FOR THE COSTS OF PROCUREMENT OF SUBSTITUTE SOFTWARE OR SERVICES. IN ADDITION, IN NO EVENT WILL THE TOTAL LIABILITY OF DATABYTE IN CONNECTION WITH THIS AGREEMENT OR THE SOFTWARE EXCEED THE ACTUAL AMOUNT PAID TO DATABYTE, IF ANY, FOR THE SOFTWARE GIVING RISE TO THE CLAIM. YOU ACKNOWLEDGE THAT THIS SOFTWARE IS NOT DESIGNED OR LICENSED FOR USE IN ON-LINE EQUIPMENT IN HAZARDOUS ENVIRONMENTS SUCH AS OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR CONTROL, OR LIFE-CRITICAL APPLICATIONS. DATABYTE EXPRESSLY DISCLAIMS ANY LIABILITY RESULTING FROM USE OF THE SOFTWARE IN ANY SUCH ON-LINE EQUIPMENT IN HAZARDOUS ENVIRONMENTS AND ACCEPTS NO LIABILITY IN RESPECT OF ANY ACTIONS OR CLAIMS BASED ON THE USE OF THE SOFTWARE IN ANY SUCH ON-LINE EQUIPMENT IN HAZARDOUS ENVIRONMENTS BY YOU. FOR PURPOSES OF THIS PARAGRAPH, THE TERM "LIFE-CRITICAL APPLICATION" MEANS AN APPLICATION IN WHICH THE FUNCTIONING OR MALFUNCTIONING OF THE SOFTWARE MAY RESULT DIRECTLY OR INDIRECTLY IN PHYSICAL INJURY OR LOSS OF HUMAN LIFE.
This Agreement will terminate immediately and automatically without notice if You breach any provision in this Agreement. Upon termination You will remove all copies of the Software or any part of the Software from any and all computer storage devices and destroy the Software. At DATABYTE's request, You or your authorized signatory, will certify in writing to DATABYTE that all complete and partial copies of the Software have been destroyed and that none remain in your possession or under your control. The provisions of this Agreement, except for the license grant and warranty, will survive termination.
If any provision hereof shall be held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the legality, validity and enforceability of all other provisions of this Agreement shall not be affected thereby. No delay or failure by either party to exercise or enforce at any time any right or provision hereof shall be considered a waiver thereof or of such party's right thereafter to exercise or enforce each and every right and provision of this Agreement. This Agreement will bind and inure to the benefit of each party's permitted successors and assigns. You may not assign this Agreement in whole or in part, without Databyte 's prior written consent. Any attempt to assign this Agreement without such consent will be null and void. This Agreement is the complete and exclusive statement between You and Databyte relating to the subject matter hereof and supersedes all prior oral and written and all contemporaneous oral negotiations, commitments and understandings of the parties, if any. In the case of any conflict between the terms of this Agreement and the provisions of any purchase order for the Software, the terms of this Agreement shall control.
Databyte does not charge license fees for non-commercial use as defined above. For all other use, you must enter into a separate agreement with Databyte. Also, bundling or distribution with hardware products or commercial software products requires a distribution license, which includes license fees for such distribution. For commerical license, enterprise-wide license, bundling and OEM inquiries please visit www.lipikaar.com or contact us at . If you have any questions or concerns we will be happy to assist you. Please contact us at .