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IMPORTANT – READ CAREFULLY: This iFour Technolab Pvt. Ltd. End-User License Agreement ("EULA") is a legal agreement between you (either an individual person or a legal entity, who will be referred to in this EULA as "You" “Your” “User”) and iFour Technolab Pvt. Ltd., Inc. (“iFour Technolab”) for the iFour Technolab software product (here product includes app, software and browser extensions and applets as well) that accompanies this EULA, including any associated media, ‘online’ files, and electronic documentation (the "Software Product"). By installing, accessing or otherwise using the Software Product, You agree to be bound by the terms of this EULA, including, without limitation, terms and conditions and the warranty disclaimers on our website and limitation of liability, and termination provisions below, whether or not You decide to use/ access/ purchase or download the Software Product. You agree that this EULA is enforceable like any written agreement negotiated and signed by You. If You do not agree to the terms of this EULA, You are not licensed to use/ access/ purchase or download the Software Product. Further, you acknowledge that you have evaluated the applicable Software Product and understand the features and limitations that it offers. iFour Technolab remains the owner of all right, title and interest in the Software Product, including without limitation images, photographs, animations, video, audio, music, text and applets. You shall not take any action inconsistent with such title. The Software Product is protected by laws of India and other applicable laws and by international treaty provisions. You agree to treat the Software Product like any other copyrighted material.
(a) The term of this Agreement shall start as soon as You use/ access/ purchase or download the Software Product and shall continue unless terminated by either iFour Technolab or User as provided in this Agreement.
(1) upgrade and/or change the configuration of its systems and the Software Product at any time, and (2) amend, modify or otherwise change this Agreement, the Software Product or the corresponding systems to the extent necessary.
iFour Technolab may use reasonable efforts to provide reasonable advance notice of changes pursuant to subclause (1) above that materially impact Your use of the Software Product. However, iFour Technolab reserves right to make changes pursuant to subclause (1) and (2) even without giving any of notice to the Users for the same. Hence, we encourage You to review our website from time to time for such updates. You may reject changes by discontinuing use of the Software Product to which such changes relate. Your continued use of the Software Product following notice/ or changes thereof will constitute acceptance of an agreement to such changes.
The Software Product is protected by intellectual property laws and treaties. The Software Product is licensed, not sold.
This Section of the EULA describes your general rights to install and use the Software Product. The license rights described in this is non- exclusive, non- transferable, non- sublicensed and revokable in nature.
You may install and use one copy of the Software Product in the Microsoft Office 365© account associated with You regardless of whether the Software Product is accessed online via a single computer, device, workstation, terminal, or other digital electronic or analog device ("Device"). A license for the Software Product must not be shared with any unauthorized person who has not lawfully installed or used the Software Product or who is not competent to enter into this Agreement.
The Software Product is solely owned by iFour Technolab and contains valuable trade secrets. iFour Technolab retains all rights, title and interests in and to the Software Product, including all modifications, enhancements or derivative works to the Software Product that contain or use any source code or object code developed by iFour Technolab.
All rights not expressly granted are reserved by iFour Technolab.
Protection Against Unauthorized Use. You shall not copy the Software Product. You shall not modify, adapt or translate the Software Product. You shall not directly or indirectly encumber or suffer to exist any lien or security interest on the Software Product; knowingly take any action that would allow the Software Product to be placed in the public domain; or use the Software Product in any computer environment not specified above. You will comply with applicable law and iFour Technolab’s instructions regarding the use of the Software Product.
a) You shall not (i) make any Modifications to the Software Product, including but not limited to, subroutines, functions, libraries or other binary code segments of the Software Product; (ii) reverse engineer, reverse translate, decompile, disassemble or in any manner decode the Software Product, except to the extent permitted by applicable law; (iii) attempt to discover the source code, underlying ideas, underlying user-interface techniques or algorithms of the Software Product by any means whatsoever, directly or indirectly, or disclose any of the foregoing, or (iv) remove, obscure, or alter any notice of patent, copyright, trade secret, trademark, or other proprietary right present on any Software Product.
b) You acknowledge that the Software and Services incorporate confidential and proprietary information developed, acquired by or licensed to iFour Technolab. You agree to take all reasonable precautions necessary to safeguard the confidentiality of the Software Products, and shall not disclose any information about the Software Product or the corresponding evaluations or reports to any other person without iFour Technolab’s prior written permission. You will not allow the removal or defacement of any confidentiality or proprietary notice placed on the Software Product. The placement of a copyright notice on the Software Product will not constitute publication or otherwise impair their confidential nature.
c) You acknowledge that any unauthorized use or disclosure of the Software Product will cause irreparable harm to iFour Technolab and its licensors. If an unauthorized use or disclosure occurs, you agree to notify iFour Technolab immediately and take all steps that are necessary to recover the Software Product, and to prevent their subsequent unauthorized use or dissemination at your own expense.
(d) You shall have confidentiality obligation with respect to any and all portion of the Software Product that (i) you lawfully or unlawfully obtained from a third party under no obligation of confidentiality or (ii) became available to the public other than as a result of your act or omission.
(e) You may not disclose any information regarding the Software Product to any person who (i) does not have a legitimate business interest/ reason to have access thereto; and (ii) is not legally bound to maintain the confidential nature of such materials as required by the terms of this Agreement.
e) Except as expressly permitted in writing by iFour Technolab, you agree not to sublicense, license, rent, sell, loan, give away or otherwise distribute any part of the Software Product to any third party. Software Product are to be utilized by specific providers/individuals submitted to iFour Technolab during implementation and are not to be transferred to other providers/individuals unless expressly permitted in writing by iFour Technolab.
f) Your obligations hereunder shall remain in effect for as long as you continue to possess or use the Software Product or any related trade secrets. You acknowledge that if you breach any of the foregoing provisions, iFour Technolab will not have an adequate remedy in money or damages, and iFour Technolab shall therefore be entitled to obtain an injunction against such breach. iFour Technolab’s right to obtain injunctive or other equitable relief shall not limit its right to seek further remedies.
Trademarks: This EULA does not grant You any rights in connection with any trademarks or service marks of iFour Technolab.
Reasonable Use: You may only use the Software Product in the manner described in the terms and conditions on the website and further this Agreement is subjected to Privacy Policy and Cookie Policy on the website. You may not allow any software application, macro, or computerized routine to call and/or use the Software Product.
No rental,leasing or commercial hosting: You will not assign, loan, sublicense, sell, lend, rent, lease, or otherwise transfer all or any portion of the Software Product or the license granted herein.
Support Services: The Software Product is provided ‘as is’. Information in the use and installation of the Software Product is provided with purchase. No telephone support or any other support is provided. Any assistance beyond the terms of Support Services will be provided to You upon request on a time and materials basis.
Nothing in this EULA will obligate iFour Technolab to develop and release any service releases, patches, corrections, fixes, enhancements, new versions or component add-ons to the Software Product (collectively, “Updates”). iFour Technolab reserves the right to change or discontinue, from time to time, all or any part of the Software Product.
Termination: Without prejudice to any other rights, iFour Technolab shall have right to terminate this EULA without any reason and prior notice.
All title and intellectual property rights in and to the Software Product (including but not limited to any images, photographs, animations, video, audio, music, text and ‘applets’ incorporated into the Software Product). The structure, organization and code of the Software Product are valuable trade secrets and confidential information of iFour Technolab. The Software Product is protected by Indian Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. All title and intellectual property rights in and to the content that is not contained in the Software Product, but may be accessed through use of the Software Product, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants You no rights to use such content.
You agree not to use the Software Product in violation of any law, statute, ordinance or other regulation (including export control and unfair competition laws) or any obligation to which you are bound. You agree to comply with all applicable laws and regulations regarding your use of the Software Product. You agree to indemnify iFour Technolab from and against any liability that may incur arising from your use of the Software Product.
Should you have any questions concerning this EULA, or if you desire to contact iFour Technolab for any reason, please contact iFour Technolab Pvt. Ltd., at 601, Times Square Arcade, Nr Baghban Party Plot, Thaltej, Ahmedabad, Gujarat, India – 380058 or by sending an email message to info@ifourtechnolab.com.
User agrees (i) its is competent to enter into this Agreement (ii) agrees not to transfer, upload, or post via the Software Product or iFour Technolab systems or applications any software, technology or other technical data in violation of Indian or other applicable export or import laws. (iii) it will not engage in any activities related to the Software Product or applications which are contrary to applicable law or regulations; (iv) it will use the Software Product and iFour Technolab systems or applications only for lawful purposes;
iFour Technolab may freely use feedback you provide. You agree that iFour Technolab may use Your feedback, suggestions, or ideas in any way, including in future modifications of the Software or Services, other products or services, advertising or marketing materials. You grant iFour Technolab a perpetual, worldwide, fully transferable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to iFour Technolab in any way.
(a)This Agreement and any issues, disputes or claims (whether contractual or non-contractual) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of India exclusively.
(b)The parties agree that the competent courts of Ahmedabad, Gujarat, India shall have sole and exclusive jurisdiction to settle any dispute or claim (whether contractual or non-contractual) that arises out of or in connection with this Agreement or its subject matter or formation. Notwithstanding the foregoing, Company may bring proceedings in the courts of any other state which have jurisdiction for reasons other than the parties' choice, for the purpose of seeking: (i) an injunction, order or other non-monetary relief (or its equivalent in such other state); and/or (ii) any relief or remedy which, if it (or its equivalent) were granted by the courts of India would not be enforceable in such other country.
YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE/ SERVICES/PRODUCT AREPROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES,CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITHRESPECT TO THE SOFTWARE PRODUCT, WHETHER EXPRESS OR IMPLIED,ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY IFOUR TECHNOLAB OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED. IFOUR TECHNOLAB DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT, FITNESS FOR A PARTICULAR PURPOSE, AND CONDITIONS OF MERCHANTABLE QUALITY, WHETHER ARISING BY STATUTE OR IN LAW OR AS A RESULT OF A COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE SOFTWARE PRODUCT, INCLUDING SUPPORT OR OTHER SERVICES RELATED TO THE SOFTWARE PRODUCT. NO WARRANTY IS MADE REGARDING THE RESULTS TO BE OBTAINED FROM THE SOFTWARE PRODUCT, INCLUDING SUPPORT OR OTHER SERVICES RELATED TO THE SOFTWARE PRODUCT, THAT THE SOFTWARE PRODUCT WILL BE ERROR FREE, THAT ALL ERRORS IN THE SOFTWARE AND SERVICES WILL BE CORRECTED, OR THAT THE SOFTWARE’S OR SERVICES’ FUNCTIONALITY WILL MEET YOUR REQUIREMENTS. IFOUR TECHNOLAB DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. IN NO EVENT SHALL IFOUR TECHNOLAB, OR ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF THE SOFTWARE PRODUCT OR YOUR RELATIONSHIP WITH IFOUR TECHNOLAB , INCLUDING BUT NOT LIMITED TO ANY LOSS OR INACCURACY OF DATA, LOSS OF PROFITS, OR OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL, DAMAGES, WHETHER BASED ON CONTRACT, TORT OR OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL IFOUR TECHNOLAB’S LIABILITY FOR ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT EXCEED THE TOTAL FEES PAID TO IFOUR TECHNOLAB BY YOU WITHIN THE IMMEDIATELY PRECEDING BILLING CYCLE TO ANY CLAIM MADE BY YOU. IN ADDITION, IN NO EVENT DOES IFOUR TECHNOLAB AUTHORIZE YOU TO USE THE SOFTWARE PRODUCT IN APPLICATIONS OR SYSTEMS WHERE THE SOFTWARE PRODUCT’S FAILURE TO PERFORM CAN REASONABLY BE EXPECTED TO RESULT IN A SIGNIFICANT PHYSICAL INJURY, OR IN LOSS OF LIFE. ANY SUCH USE BY YOU IS ENTIRELY AT YOUR OWN RISK, AND YOU AGREE TO HOLD IFOUR TECHNOLAB HARMLESS FROM ANY CLAIMS OR LOSSES RELATING TO SUCH USE.
YOU HEREBY AGREE AND ACKNOWLEDGE THAT THE SOFTWARE PRODUCT IS AVAILABLE TO YOU WITHOUT ANY COST (IS SUBJECTED TO CHANGE BY IFOUR TECHNOLAB LATER AFTER GIVING DUE NOTICE TO YOU) AND HENCE IFOUR TECHNOLAB SHALL NOT HAVE ANY DIRECT, INDIRECT, CONSEQUENTIAL OR ANY OTHER LIABILITY OR WARRANTY IN ANY ASPECT. THE TERMS OF WARRANTY MAY CHANGE AT ANYTIME WHATSOEVER, AT THE SOLE DISCRETION OF THE COMPANY. HOWEVER, IN CASE OF ANY CHANGES IN COST OF THE SOFTWARE PRODUCT, IFOUR TECHONOLAB SHALL IN NO CIRCUMSTANCES BE LIABLE FOR MORE THAN THE TOTAL MAXIMUM AGGREGATE AMOUNT PAID BY YOU AS A SUBSCRIPTION AMOUNT TO USE THE SOFTWARE PRODUCT FOR THAT PARTICULAR TENURE.
This EULA (including any addendum or amendment to this EULA that is included with the Software Product) is the entire agreement between You and iFour Technolab relating to the Software Product and supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software Product or any other subject matter covered by this EULA.
Each party is duly authorized and empowered to agree to this EULA. If, for any reason, any provision of this EULA is held invalid or otherwise unenforceable, such invalidity or unenforceability shall not affect the remainder of this EULA, and this EULA shall continue in full force and effect to the fullest extent allowed by law. The parties knowingly and expressly consent to the foregoing terms and conditions.
You hereby confirm by clicking on "I Accept" [ ] for having read and understood this EULA Agreement and accept the same in its entirety. You agree to be bound by all the provisions, exhibits and annex of this Agreement (as applicable to you). Any breach, violation or non-compliance of the same shall entitle the Company, its representative and/or the Platform to take necessary action including legal action against me/us.
Version 1- 13/05/ 2024
