“SCHOLARS INSTITUTION MANAGEMENT SOFTWARE
END-USER LICENSE AGREEMENT FOR WEB BASED AND DESKTOP VERSION”
IMPORTANT
PLEASE READ THIS SCHOLARS SOFTWARE END-USER LICENSE
AGREEMENT (HEREINAFTER REFERRED TO AS THE “AGREEMENT”) CAREFULLY BEFORE USING
OR TRYING TO ATTEMPT TO USE THIS SCHOLARS SOFTWARE (HEREINAFTER REFERRED TO AS
THE “SOFTWARE”).
BY USING THE COMPANY WEBSITE WWW.SSSOFTPRO.COM OR OF ANY OF ITS SPECIFIC PRODUCT’S OR
SERVICE’S WEBSITE, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS
MENTIONED IN THIS AGREEMENT. THE SERVICE PROVIDER IS SHRI SAI SOFTPRO SOFTWARES
PRIVATE LIMITED. THE SERVICE PROVIDER RESERVES THE RIGHT TO UPDATE THE TERMS
AND CONDITIONS OF AGREEMENT FROM TIME TO TIME WHICH WILL BE AVAILABLE ON WWW.SSSOFTPRO.COM AND / OR WWW.SCHOLARSERP.COM
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 (ASSUMING YOU ARE HAVING LEGAL CAPACITY TO ENTER INTO AN AGREEMENT),
OR THE COMPANY, SCHOOL, EDUCATIONAL INSTITUTE, UNIVERSITY 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 SHRI
SAI SOFTPRO SOFTWARES PRIVATE LIMITED, JAIPUR, INDIA (HEREINAFTER REFERRED TO
AS “SCHOLARS”). YOU SHALL HAVE THE RIGHTS TO USE THE SOFTWARE SUBJECT TO THE
TERMS AND CONDITIONS MENTIONED IN THIS AGREEMENT OR AS AMENDED BY SCHOLARS 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, Scholars grants You,
a non-exclusive and non-transferable right for your own use only. SCHOLARS 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, if any, whether in physical or electronic
form, are the property of SCHOLARS and are copyrighted. Copying of the software
or the enclosed documents is expressly forbidden.
License Fees or Subscription Fees paid to SCHOLARS is
considered only towards a non-exclusive and non-transferable right to use the
Software. Other add-on applications such as “Updates”, “Upgrades” are provided
free of cost.
Definitions
"Distributors” means the authorized
distributors, channel partners, alliance partners, sub-distributors of SCHOLARS,
selling SCHOLARS range of products, including sales through Internet.
“License period” means the period for which the
license is valid for use (not exceeding one year) as more particularly
described in this Agreement.
“Device” means the laptops, computers,
smartphones or any other electronic devices for which the software is
specifically designed 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 Saturdays inclusive, but excluding bank and public
holidays in India.
“Support” means the Technical Assistance in
order to use the software, provided by SCHOLARS or authorized support partners
of the SCHOLARS, which may or may not be chargeable to you.
“Updates” also called a software patch, is free
download for an application that provides features or fixes that are not
working as intended or adds minor software enhancements and compatibility.
“Upgrades” means any correction, improvement,
modification or yearly enhancements in the form of the new version of the
software.
“Software” means any of the variants of SCHOLARS
software – desktop, web or mobile application.
“Product” means the SCHOLARS software whether
desktop version (or any other).
“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 and / or used via login in case of web application; or
ii. An organization (including but not limited to a
partnership, joint venture, society, educational entity, 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 and / or used via login in case of web application.
Do's & Don'ts
You can:
i. 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.
ii. 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.
iii. 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.
iv. Use the login for which you are authorized and
permitted, only after ensuring that there is no payment due: first time or
renewal.
You cannot:
i. Emulate or adapt any portion of the
software.
ii. Sublicense, rent, or lease any portion of the
software.
iii. Try making an attempt to reveal/discover the
source code of the software.
iv. Debug, decompile, disassemble, modify, translate,
or reverse engineer the software.
v. 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.
vi. Remove or alter any copyright notices or other
proprietary notices or statutory notices on any copies of the software.
vii. Reduce any part of the software to human readable
form.
viii. Use for unlicensed and illegal purpose.
ix. Use the software if the renewal is due and you
have not paid for the renewal.
x. Misuse email, SMS packages for any illegal,
unethical, unsolicited use or for causing spam via the software.
Activation
SCHOLARS cautions you that in the process of
installation of the software, the other security products/software installed on
your computer may get uninstalled or be disabled if the same are not compatible
with the SCHOLARS software. SCHOLARS expressly disclaims any loss of data, loss
of profits during such installation. If you modify your device or make
alterations/modifications to other vendors’ software installed on it, you may
be required to repeat activation of the software or installation of license key
file or may need to contact SCHOLARS support for help. SCHOLARS reserves the
right to verify the validity/legality of the license and software.
The license rights granted under this Agreement are
limited for the first twenty one (21) days after you first install the product
unless you supply registration information required to activate your licensed
copy.
You have to activate the product in accordance with
the instructions shared by SCHOLARS. You may also need to reactivate the
product if you happen to re-install the product due to any reasons. There are
technological measures in this product that are designed to prevent unlicensed
or illegal use of the product. You agree that we may use those measures. These
measures can also lead to an immediate blockage on the use of the product after
which you will not be able to use select or all of the modules of the software and
may lose all the data. You agree that the SCHOLARS software may use the
measures that can control and prevent piracy of software.
License Terms & Conditions
You agree to provide all authentic and valid
information related to the sign-up process. Any exception may lead to immediate
cancellation of your product license and SCHOLARS will not be liable to make
any payments or refunds in such case nor will the company be responsible for
any loss or manipulation of data.
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 SCHOLARS 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.
General Terms, Conditions and Disclaimers
You agree, accept, and acknowledge:
i. That you are solely responsible for the configuration
of the software, settings, and the actions or inactions that result from such
actions and SCHOLARS shall not have and shall assume no
liability/responsibility in any case and the Clause of Indemnification shall be
applicable.
ii. That SCHOLARS shall not have and shall assume no
liability/responsibility for any data deletion, including but not limited to
any deletion/loss of personal, and/or confidential data; and/or uninstallation
of third-party apps; and/or change in settings; specifically authorized by you
or occurs due to the actions, inactions (whether intentional or not) by you or
any third party whom you have authorized to use, handle your device due to
features of this software.
iii. That to avail/use certain features of the
software such as updates and upgrades, you may be required to incur certain
costs and that SCHOLARS does not warrant that the usage of certain features of
the software are free of cost and that SCHOLARS shall not entertain and
expressly disclaims, any claim for reimbursement of any expenses including but
not limited to any direct or incidental expenses arising out of your usage of
such features of this software.
iv. That you are solely responsible and shall comply
with all applicable laws, regulations of India and any applicable
foreign/trans-national laws including without limitation, privacy, data
protection, obscenity, confidentiality, copyright laws for using any report,
data, information derived as a result of using this software.
v. That while using this software, SCHOLARS suggests
some actions to be initiated by you in your sole benefit, for example “SCHOLARS
software may suggest you to uninstall infected applications”, however such
actions are suggestive and SCHOLARS takes no responsibility/liability if you
perform such suggestive actions or not and SCHOLARS assumes no
responsibility/liability for any result or liability arising out of such
actions/inactions.
vi. You will be responsible for maintaining the
security of your login details like user ID / Name, password or any other.
SCHOLARS will not be responsible for any loss or damage from your failure to
comply with security obligation.
vii. You undertake not to abuse, threaten, harm or
harass the Directors, team, partners or any other associate or user of SCHOLARS
in any way.
Viii. The use of product is billed as per terms of
payment with specific users. There is no provision for refunds or credits for
partial months of service, upgrade / downgrade refunds or for non-usage or
product for any duration.
ix. SCHOLARS does not bear responsibility for any loss
or damage of data during downgrading the service or discontinuing one or more
modules of the product.
x. If you want to cancel your account for any reason
then you have to contact SCHOLARS through proper formal communication and
follow the cancellation process as specified by the company. No claims can be
made by you in such cases towards loss of data.
xi. SCHOLARS will assist in importing your data at the
time of installation and a fee will be chargeable for this service. SCHOLARS
cannot be held accountable for any loss, damage or modification of data during
this process of implementation or of importing the data. Installation and
import of data will be done only by SCHOLARS team or an authorized
representative of SCHOLARS.
xii. SCHOLARS, in its sole discretion, has the right
to suspend or even terminate your account and refuse any and all current or
future use of service for any reason at any time. Such an action will result in
deactivation or deletion of your account and your access to your account and
its content. No service and support will be extended in such cases.
xiii. In no event shall SCHOLARS, or its Directors, Principals,
Shareholders, Officers, Employees, Affiliates, Contractors, Subsidiaries or
Parent Organizations be liable for any incidental, consequential or punitive
damages whatsoever in relating to the use of SCHOLARS product or any of its
modules or your relationship with its parent company.
Support
SCHOLARS offers free technical support to assist you
in the usage of this software. This support can be over phone and / or live
chat with the customer care team and / or Interactive Voice Response System
(IVRS). The technical support team may, at your discretion, take remote access
of your computer. The availing of this support will be solely at your
discretion and you are solely responsible to take backup of the existing
data/software/programs in your device before availing such a support and you
are liable to bear all the direct, indirect, and consequential cost associated
to it. SCHOLARS will not be held responsible for any loss of data, any kind of
direct/indirect/consequential loss or damage to data/property arising during
this entire process. If at any point of time the Technical Support team is of
the opinion that it is beyond their scope, it will be the sole discretion of SCHOLARS
to suspend, cease, terminate, or refuse such support as SCHOLARS does not claim
any warranty and/or guarantee of any kind in providing the support feature.
Email/Electronic Communication
Once you register the software by activating the
software, SCHOLARS may communicate with you on the contact information
submitted during the registration process through email or any other electronic
communication device. The communication can be for the purpose of product
renewal or product verification for your convenience. SCHOLARS will be making
communication only on the registered email or mobile numbers provided by you
and will entertain all the communications from your end from registered contact
details (email, phone etc) only.
SCHOLARS Updates & Upgrades
As a registered user, you are entitled to receive software
updates and version upgrade as and when released free of cost during the license
period, subject to the terms and conditions mentioned herein.
Data Privacy
The web-based version of SCHOLARS software provides
options to you to have your own server (on premise or remote) or to use the
server space of SCHOLARS server where Your data will
be stored and managed by you only. SCHOLARS does not bear the responsibility of
damage, manipulation or loss of such data (database) due to any reasons,
whatsoever.
Indemnification
You expressly understand, admit, agree, and warrant
that in no event shall SCHOLARS and/or any of its directors, employees, agents,
partners, distributors be liable for any and against all claims, expenses,
suits, costs, demands, judgments whatsoever made by you and/or any third party
for any direct, indirect, incidental, special, punitive, consequential and/or
exemplary damages including, but not limited to damages for loss of
business/profits, damages for loss of confidential/other information, failure
to meet any statutory duty/duty of reasonable care/duty in good faith,
economic/notional loss, loss for business interruption, goodwill, damage and
loss of data or programs, or other intangible losses (even if SCHOLARS has been
advised of the possibility of such damages), to the fullest extent permissible
by law:
i. Arising due to your usage of this
software;
ii. Your negligence or inability of using the software
or support;
iii. Any dispute between you and third party with
respect to availing this software;
iv. Your violation of any rights of any other
individual and/or entity;
v. Your breach of the Agreement;
vi. Your violation of any provisions under any
laws/statutes/acts in India or abroad;
vii. The failure of SCHOLARS to provide support
service or any other service/information.
This limitation will apply to all causes of action
whether arise in equity or tort, including but not limited to breach of
contract, breach of warranty, negligence, strict liability, misrepresentations
and hereby release SCHOLARS and/or its directors, employees, agents,
distributors from any and all obligations, liabilities in excess of the
limitation stated herein.
In the event, SCHOLARS and/or its directors, agents,
employees, distributors are found liable, you understand and accept that the
liability of SCHOLARS shall be limited only up to and not exceed in any case:
(i)
the
License Fee equivalent to one month incurred by you in acquiring the software
from SCHOLARS or its distributors/agents in case of web-based application and;
(ii)
the
License Fee equivalent to one year incurred by you in acquiring the software
from SCHOLARS or its distributors / agents in case of desktop application.
This Clause shall survive the termination of this
Agreement.
Limited Warranty and Disclaimers
This software provided by SCHOLARS is “AS IS” and “AS
AVAILABLE” without warranty of any kind, expressed or implied, including but
not limited to the implied warranties of merchantability, fitness, usage,
performance, satisfactory quality, integration, applicability for a particular
use and any other warranties are disclaimed to the fullest extent permissible
pursuant to the applicable law.
SCHOLARS warrants that the Licensed Software, as delivered by SCHOLARS
will conform to the modules and respective features of each module as mentioned
in user deliverable document(s). However, SCHOLARS does not offer any warranty
regarding the performance of software and shall not entertain any claim
regarding the same. SCHOLARS MAKES NO WARRANTIES OR CLAIMS THAT THE LICENSED
SOFTWARE, OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT THE USE OF THE
LICENSED SOFTWARE, OPERATION, CONTENT UPDATES, AND UPGRADES WILL BE ERROR-FREE
OR UNINTERRUPTED.
You understand and accept that this software will
substantially perform according to the specifications and descriptions as
stated in the user deliverables document, as updated from time to time, subject
to the following and SCHOLARS expressly disclaims any and all liabilities
arising from the following circumstances:
i. Incompatibility caused by any software
and/or hardware components installed on your device;
ii. Any actions initiated by you or by third parties
which were beyond the control of SCHOLARS;
iii. Any failures, malfunctions, defects resulting
from abuse, improper installation, theft, misuse, accident, operation or
maintenance, acts of God, alteration, power failures, casualty, alterations,
neglect, non-permitted modifications, acts of terrorism, and vandalism;
iv. The deficiencies, defects in your device and
related infringements;
v. Your violations of the terms and conditions
described in this Agreement.
vi. Inability of SCHOLARS support service to provide
uninterrupted support, in a timely manner, or inability to meet any or all of
your support requirements.
Intellectual Property
The software, source code, activation code, license
keys, documentation, systems, ideas, information, content, design, and other
matters related to the software and trademarks are the sole proprietary and
intellectual property rights of SCHOLARS protected under the Intellectual
Property Laws and belongs to SCHOLARS. Subject to certain terms mentioned in
respective open source license where used by SCHOLARS, nothing contained in
this Agreement grants you or is intended to grant you any rights, title,
interest to intellectual property, including without limitation any error
corrections, enhancements, updates, or modifications to this software whether
made by SCHOLARS or any third party. You understand and acknowledge that you
are provided with a license to use this software subject to the terms and
conditions of this Agreement.
This Software may include certain third party
components which are governed by the license agreements executed between SCHOLARS
and the respective third party owners. [The third party components licensed
under terms of the certain agreement requires SCHOLARS to disclose that
Intellectual Property rights and ownership rights shall remain with SCHOLARS
and/or its technology licensing partners respectively. Even if such third party
components are governed by respective agreements/contracts, the disclaimers and
the limitations shall apply as mentioned in this EULA.]
All the title, ownership and all rights including
Intellectual Property rights of the Third Party shall rest with the concerned
Third Party only and the User shall also be liable to comply with their License
Terms. Where applicable, such third party will be beneficiary of this EULA.
General
Force Majeure. SCHOLARS will not be liable for any delay or failure
to fulfil its obligations hereunder that results from an act of God, war, civil
disturbance, government policies, or other cause/s beyond its control. Provided
that SCHOLARS shall endeavor to complete the obligation within a reasonable
period after happening of any event as covered under such force majeure.
Legal Jurisdiction. This agreement and any matter relating
thereto shall be subject only to jurisdiction of the Courts at Jaipur, India
and shall be interpreted as per the terms of the law/s for the time being in
force in India. Any dispute which may arise out of this Agreement, breach of
terms and conditions under this Agreement, shall be settled by direct
negotiations between you and SCHOLARS. In the case of failure to resolve the
dispute in the manner set out above within 30 days from the date when the
dispute arose, the dispute shall be referred to any arbitrators appointed by SCHOLARS.
The venue of arbitration shall be Jaipur. The arbitration proceedings shall be
governed by the Arbitration and Conciliation Act, 1996 and Indian Laws and
shall be conducted in the English language. The arbitrators shall also decide
on the costs of the arbitration proceedings. To the extent possible, after the
commencement of any arbitral proceedings, the parties thus engaged shall
continue to perform their respective obligations under this Agreement. The
provisions of this Clause shall survive termination of this Agreement. Subject
to the provisions of this Clause, the Courts in Jaipur, India shall have
exclusive jurisdiction and the parties may pursue any remedy available to them
at law or equity.
Complete Agreement. This Agreement comprises the entire
agreement between the parties regarding the subject matter, and supersedes any
proposals, communications or advertising, oral or written, with respect to the
software or subject matter of this Agreement. You shall be bound by any and all
clauses of the Agreement updated and displayed on the website of SCHOLARS at www.sssoftpro.com/eula
www.scholarserp.com/eula from time to time. The Agreement
displayed on the website will be the finally concluded and binding agreement
between you and SCHOLARS for all legal purposes which include your each
activation, reactivation, and renewal of this software. In case of any
dispute/queries arising out of any translated versions of this Agreement, SCHOLARS
hereby expressly specifies and confirms that the English version as displayed
on the website will be final for interpretation and the terms used, meaning
conveyed in the English version will be authoritative and binding. Any waiver
by either party of any violation of any provision of this Agreement by the
other party will not be deemed to waive any other violation of the same or any
other provision.
Severability. If any provision of this
Agreement is held to be unenforceable or invalid, such provision will be
changed and interpreted to accomplish the objectives of such provision to the
greatest extent possible under applicable law and the remaining provisions will
continue in full force and effect.
Survival. The Clauses in this Agreement including not limited
to rights to License Fees, “Indemnification”, “Limited Warranties &
Disclaimers” and “Intellectual Property” shall survive expiration or
termination of this Agreement.
The failure to exercise or delay in exercising a right
or remedy by SCHOLARS under this Agreement shall not constitute a waiver of the
right or remedy or a waiver of any prior, concurrent or subsequent right or
remedy.
The section numbers and headings are included merely
for the convenience of the parties and are not to be construed in interpreting
this Agreement.
SCHOLARS reserves the right to amend this End-User
License Agreement from time to time and will keep updated on its website at www.sssoftpro.com/eula
and / or www.scholarserp.com and it would be binding on the end users. This is
an essence of the agreement and use of this software.
SCHOLARS reserves the right to co-operate with any
legal process and may provide documents, information related to your usage of
this software and your general usage of the device.
Third-Party Licenses and Open Source
Software (OSS) Licenses
Third-Party Licenses
The software product may include certain components,
developed and owned by the third parties, which are governed by license
agreements executed between SCHOLARS and the respective third party owners.
Additional restrictions applicable under the Open Source Software license, as
well as third party software license agreement, which are not specifically
mentioned in this EULA, will be applicable.
OSS Licenses
This software may also include some software programs,
codes, and content that are licensed or sublicensed to the user under the OSS
licenses.
End