IMPORTANT: THIS END USER LICENSE AGREEMENT (“AGREEMENT”) IS AN AGREEMENT BETWEEN YOU (EITHER INDIVIDUAL OR A COMPANY) AND FLIKSOFT WITH REGARD TO THE USE BY YOU OF (Fliksoft) SOFTWARE FOR YOUR MOBILE (“DEVICE”)
IF YOU ACQUIRE THE FLIKSOFT APPLICATION FOR YOUR COMPANY’S USE, YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE WHO HAS THE AUTHORITY TO LEGALLY BIND YOUR COMPANY TO THIS EULA.
BY PURCHASING , SUBSCRIBING TO, DOWNLOADING, INSTALLING, USING, OR OTHERWISE ACCESSING THE FLIKSOFT APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
Subject to the terms and conditions set forth herein, in consideration for the purchase price paid by you for the FLIKSOFT Application, FLIKSOFT and/or its affiliated companies grants you a non-transferable, non-exclusive, and non-sub-licensable limited right and license to view, use and access the FLIKSOFT application to receive solely for your informational purposes and for your immediate, private, individual and noncommercial use.
If your original device becomes non-operational you may be permitted, at FLIKSOFT, to make a transfer of the FLIKSOFT Application another device. To make a request for such transfer, please contact the FLIKSOFT customer support department http://fliksoft.com/contact-us.php
You acknowledge and agree that FLIKSOFT owns all right, title and interest in or, if applicable, license to the FLIKSOFT application, including but not limited to, all copyrights, trademarks, data and content, except to the extent any such third-party data provider. Any reference to products, services, processes, and hypertext links to third parties or other data by trade name, trademark, manufacturer, supplier, or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by FLIKSOFT or its licensors. Except as expressly stated in clause 1 hereinabove, this agreement does not grant you any intellectual property right in the FLIKSOFT Application.
All rights not expressly stated herein are reserved by FLIKSOFT disclaims any and all implied licenses. Without limiting the foregoing, you agree not to:
If you receive an update or an upgrade to, or a new version of, any FLIKSOFT Application (“Update”) you must possess a valid license to the previous version in order to use the update. All updates provided to you shall be subject to the terms and conditions of this agreement. If you receive an update, you may continue to use the previous version(s) of the FLIKSOFT (Application in your possession, custody or control) FLIKSOFT shall have no obligation support the previous version of the FLIKSOFT Application upon availability of an Update. FLIKSOFT has no obligation to provide support, maintenance, updates or modifications under this agreement.
You are responsible for any applicable charges and fees associated with any data plan fees or other subscription charges or fees of any kind whatsoever that may be required by your carrier to access the FLIKSOFT Application.
The term of this agreement shall be useful life of the FLIKSOFT Application or until otherwise terminated in accordance with the terms and conditions of this agreement (“Term”). FLIKSOFT may terminate this agreement for any reason, including, but not limited to, if FLIKSOFT finds that you have violated any of the terms of this agreement. In addition, this agreement shall terminate immediately upon
Clauses pertaining to indemnity, confidentiality and non-disclosure shall survive the termination of this Agreement. All other rights and obligations of the parties shall cease upon termination of this agreement including, but not limited to, all licenses granted hereunder.
At all times during the terms and thereafter, you shall keep confidential and not disclose, directly or indirectly, and shall not use for your benefit or any other individual or entity any confidential information of FLIKSOFT or any of its third party data providers. “Confidential Information” means any trade secrets or confidential or proprietary information whether written, digital, oral, or other form which is unique, confidential, or proprietary to FLIKSOFT or its third party data providers, including, but not limited to, the FLIKSOFT Application, and any other materials or information related to the business or activities of FLIKSOFT which are not generally known to others engaged in similar businesses or activities. You shall return to FLIKSOFT any of its confidential information upon request and/or upon termination of this agreement.
You agree to indemnify, defend and hold FLIKSOFT and its licensors and suppliers (including, but not limited to, their respective assignees, subsidiaries, affiliated companies and their respective officers, directors, employees and shareholders, agents and representatives) harmless from and against any and all liability, loss, injury, demand, action, cost, expense, or claim of any kind or character, including, but not limited to, attorney's’ fees arising out of or in connection with your use of or subscription to the FLIKSOFT Application.
You assume all responsibility and risk for the use of the FLIKSOFT Application, and FLIKSOFT disclaims all liability for any loss, injury, or damage resulting from use of the FLIKSOFT Application and any third party data or content. It is your responsibility to use the FLIKSOFT Application prudently to access your information. In no event shall FLIKSOFT or its suppliers, including third party data providers, be liable to you or any other party for any compensatory, indirect, incidental, special or consequential damages (including, without limitation, indirect, direct, special, punitive, or exemplary damages for loss of business, loss of profits, business interruption, or loss of business information) arising out of the use of or inability to use the FLIKSOFT Application and any third party data or content, even if FLIKSOFT has been advised of the possibility of such damages. Subject to the foregoing, FLIKSOFT’s total agreement liability with respect to its obligations under this agreement or otherwise with respect to the FLIKSOFT Application shall not exceed the price paid by you for the FLIKSOFT Application.
This agreement shall be governed and constructed by the laws of India, and the courts of Maharashtra shall have exclusive jurisdiction.
This agreement constitutes the entire understanding and agreement of the parties and supersedes all prior and contemporaneous understanding and agreements, whether written or oral, with respect to its subject matter. No delay or failure by FLIKSOFT to exercise or enforce at any time any right or provision hereof will be considered a waiver thereof.
No single waiver will constitute a continuing or subsequent waiver. No waiver, modification or amendment of any provision hereof will be effective against FLIKSOFT unless it is a signed writing by FLIKSOFT. You may not assign your rights or obligations hereunder (including as a change of control) without the prior written consent of FLIKSOFT.
Subject to the foregoing, this agreement will bind and inure to the benefit of the successors and permitted assigns of the parties. If any provision of this agreement is held to be invalid, illegal, or unenforceable in any respect, that provision to the extent permitted by law (not otherwise) shall be served from this agreement and shall not affect the remainder hereof, and the parties agree to substitute for such provision a valid provision which most closely approximates the intent and economic effect of such severed provision. The parties to this agreement are independent contractors.
FLIKSOFT shall not be liable to you for a failure to perform any of its obligations under this agreement during any period in which such performance is delayed due to circumstances beyond its reasonable control.
All notices hereunder must be in writing and mailed by certified mail, return receipt requested, or by prepaid courier services, or by facsimile with receipt confirmed by telephone, to each party’s address
You agree that we may contact you via voice call, text message or other electronic medium through a third-party platform. In the event that any information you have provided to FLIKSOFT changes, including but not limited to, Your phone number, e-mail or address, You agree to promptly update Your information.