PLEASE READ SAYINT END-USER LICENSE AGREEMENT (HEREINAFTER REFERRED TO AS THE “AGREEMENT”) CAREFULLY BEFORE USING OR TRYING TO ATTEMPT TO USE THIS SAYINT PLATFORM.
BY USING THIS PLATFORM OR BY CLICKING THE "I AGREE" BUTTON OR ATTEMPTING TO/CONSENTING TO INSTALL THE PLATFORM IN ANY WAY, (SUCH ACTION WILL CONSTITUTE A SYMBOL OF YOUR 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 ABOVE 18 YEARS AND/OR HAVING LEGAL CAPACITY TO ENTER INTO AN AGREEMENT), OR THE COMPANY OR ANY LEGAL ENTITY THAT WILL BE USING THE PLATFORM (HEREINAFTER REFERRED TO AS 'YOU' OR 'YOUR' FOR THE SAKE OF BREVITY)] SHALL BE A LEGALLY ENFORCEABLE AGREEMENT BETWEEN YOU AND SAYINT TECHNO SOLUTIONS PRIVATE LIMITED, INDIA (HEREINAFTER REFERRED TO AS “SAYINT”) AND YOU SHALL HAVE THE RIGHTS TO USE THE PLATFORM SUBJECT TO THE TERMS AND CONDITIONS MENTIONED IN THIS AGREEMENT OR AS AMENDED BY SAYINT FROM TIME TO TIME. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS BELOW, DO NOT USE PLATFORM IN ANY WAY.
In consideration of payment of the License Fee and observing the Terms and Conditions herein or any other additional terms and conditions agreed to by You for the use of the Platform, Sayint grants You, a non-exclusive and non-transferable right to use the Platform during the License Period, “Sayint Platform”, according to the technical requirements described in the Platform and which is subject to the terms and conditions of this Agreement.
Sayint reserves all rights not expressly granted and retains title and ownership of the Platform. This Platform and the accompanying written materials are the property of Sayint and arecopyrighted.
a. “Device” means the personal digital assistants, smartphones, handheld devices, or other electronic devices for which the Platform is specifically designed where the Platform will be installed and/orused.
b. “Distributors” means the authorized distributors, agents, sub-distributors of Sayint, selling Sayint Platform.
c. “License period” means the period commencing from the date of registration for use of the Platform (Effective date) up to the period mentioned in theLicense.
d. “Support” means the Technical Assistance in order to use the Platform, provided by Sayint or its Distributors or Agents, which may or may not be chargeable to you as per the terms and conditions of Your License. Please refer QCAAS.NET for moredetails.
e. “Updates” means collections of any or all files including the corrections, improvements or modifications to the Platform.
f. “Upgrades” means any correction, improvement, modification or yearly enhancements in the form of the new version of the Platform which Sayint may release from time to time.
g. “You” means the “End User” means an Individual/organization who has registered for the Licensing of the Platform for his/her own use:
(i) An individual (such an individual) using/legally acquiring the License to use the Platform;or
(ii) An organization (including but not limited to a partnership, joint venture, 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 use the Platform, accept the Agreement on behalf of the Organization.
You (including your employees, agents, contractors not authorized by Sayint) agree notto:
a. emulate, or adapt any portion of thePlatform.
b. debug, decompile, modify, translate and reverse engineer thePlatform.
c. try making an attempt to reveal/discover the source code of thePlatform.
d. create derivative works based on the Platform or any portion thereof with sole exception of a non-waivable right granted to You by any applicablelegislation.
e. remove or alter any copyright notices or proprietary notices on any labels, or marks of the Platform.
f. Demonstrate, copy, sell the Platform to any thirdparty.
g. publish or otherwise disclose information relating to the performance or quality of the Platform to any thirdparty.
h. Sub-license, rent or lease any/all portion of thePlatform.
i. use for unlicensed and illegalpurpose.
j. assign or transfer any of your rights or obligations under thisAgreement.
a. Sayint will install/activate Platform onsite / remote support. Sayint expressly disclaims any loss of data, loss of profits during such installation/activation. If you modify your Device or make alterations/modifications to other vendors’ Platform installed on it, you may be required to repeat activation of the Platform or installation of license key file or in case contact Sayint. Sayint reserves the right to verify the validity/legality of license andPlatform.
b. Sayint will verify the Device submitted by the user at the time of registration, if there are problems in verification, product will not be activated / installed. This is an essence term for activation ofproduct.
c. You agree that we may use those measures. You agree that Sayint's Platform may use the measures that can control and prevent piracy ofPlatforms.
At some point the Platform may include links to third party sites; you may link to such third-party websites as the user of this Platform. The third-party sites are not under the control of Sayint and Sayint is not responsible for the contents of any third-party website, any links contained in the third-party’s websites. Sayint is providing these links to third party websites to you only as a convenience and is not responsible for any kind of loss/ damage arising out of it.
You are entitled to use Platform only during the license period commencing from the date of activation of the Platform up to the period mentioned in your License details. Except for evaluation and beta licenses or other licenses where the term of the license is limited per the evaluation/beta or other agreement, the term of the license is for the duration mentioned in your License.
a. During the License Period of the Platform, You have the right to use features ofPlatform.
b. During the License Period of the Platform, You have the right to receive free Updates of the Platform as and when Sayint publishes the Updated and free version upgrade as and when Sayint releases new version upgrade. You agree, understand and accept that You will be required to regularly download Updates published by Sayint. Any and all Updates/upgrades you receive from Sayint shall be governed by this Agreement, or as amended from time to time by Sayint.
c. You agree, accept and acknowledge:
i. that You are solely responsible for the configuration of the Platform Settings and the results, actions, inactions initiated due to the same and Sayint assumes no liability/responsibility in any case and the Clause of Indemnification shall beapplicable.
ii. that Sayint assumes 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; and / or change in contacts and / or Deletion/loss of contacts, 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 ofPlatform.
iii. that to avail/use certain features of the Platform, you may be required to incur some cost and that Sayint does not warrant that the usage of certain features of the Platform are free of cost and that Sayint 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 thePlatform.
iv. that you be solely responsible and shall comply all applicable laws, regulations of India and any foreign laws including without limitation, privacy, obscenity, confidentiality, copyright laws for using any report, data, information derived as a result of using the Platform.
v. that while using the Platform, Sayint suggests some actions to be initiated by You in your sole benefit, for example “Sayint Platform may suggest You to uninstall infected applications”, however such actions are suggestive and Sayint takes no responsibility/liability if you perform such suggestive actions or not and Sayint assumes no responsibility/liability for any liability arising out of suchactions/inactions.
Sayint offers support features during usage of this Platform with technical support team and/ or the technical support team may, at your discretion, take remote access. The availing of this support will be solely at your discretion and you are solely responsible to take back up of the existing data/Platform/programs in your Device before availing such a support. Sayint 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 Sayint to suspend, cease, terminate or refuse such support as Sayint does not claim any warranty and/or guarantee of any kind in providing the support feature.
Once you register the Platform by activating / installing the Platform, Sayint 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 verification for your convenience.
Sayint Platform may collect the following information which may / may not contain any personally identifiable information either with or without your discretion/permission for statistical purpose or enhancing and evaluating the ability, effectiveness and performance of Sayint's product in identifying and/or detecting the malicious behavioral pattern, inherently fraudulent websites and other Internet security threats/ risks. Password entered by the end users during registration is not stored at Sayint server. This information will not be correlated with any personally identifiable information except as herein stated and shall include, but not limited to:
a. Any type of Executable files which the Platform may identify having a potentially malware behavioral pattern.
b. Any type of information relating to the status of the Platform that whether there occurred any error while installing the Platform or the installation wassuccessful.
c. Any type of URLs of websites visited that the Platform deems inherently and potentially fraudulent.
d. Any type of information that Platform deems potentially fraudulent, posing security risks/ threats.
e. Any type of information for identifying the Media Access Control (MAC) address of the Device, Global Positioning System (GPS) on which the Platform has beeninstalled.
f. Any type of information for identifying the Internet Protocol (IP) Address and information required for effective license administration and enhancing product functionality and usability.
g. You admit that the information/data as collected above can be used for analyzing, preventing and detecting the potential internet security risks, publishing any type of data/ reports/ presentations on the trends collected, sharing the data to create awareness with any organizations,vendors.
You understand and acknowledge that Sayint Platform including all subsequent copies in any media is the sole proprietary of Sayint and Sayint does not grant any right, title and interest in Sayint Platform or in any Intellectual Property of Sayint or third-party licensor. Any error corrections, modification, enhancements, updates, upgrades made to Platform by you or Sayint will be the sole and exclusive property of Sayint. Platform and the accompanying written materials are the property of Sayint and are copyrighted. Copying of the Platform or the written material is expressly forbidden. The Platform, source code, activation code, license keys, documentation, systems, ideas, information, content, design and other matters related to the Platform, trademarks, are the sole proprietary and Intellectual Property rights of Sayint protected under the Intellectual property Laws and belong to Sayint. No license, right or interest in Sayint’s logos, trademarks is granted to You under this Agreement and you hereby agree not to remove any product identification or notices of proprietaryrestrictions.
You understand, agree, warrant and are responsible:
a. to adhere and follow the Terms and Conditions of the Platform provided along with the Platform. Sayint has mentioned the user guidelines in the Terms and Conditions of the Platform. Any violation found in terms of usage not prescribed in the Terms and Conditions of the Platform, will result in void warranty with immediateeffect.
b. to immediately notify Sayint about the problems, if any arising in the Platform and to request for the support services to the authorized agents, employees of Sayint in such format as notified by Sayint from time totime.
c. to carry out all the recommendations of Sayint for determining the nature or cause of a problem and for the resolution of the same. You shall be solely responsible for maintenance and support of all the designated hardware, servers, networking products, other equipments and operating systems, database Platform on or which you operate the Platform.
a. The Platform provided by Sayint 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 applicablelaw.
b. Sayint does not warrant, make any representations that Platform will work uninterrupted, timely, secure or error-free or shall meet any or all your requirements whether disclosed to Sayint or any of its directors, agents, distributors and employees. The entire risks, faults as to performance of the Platform, to achieve your intended results, the results obtained from the Platform shall be assumed byYou.
c. You understand and accept that the Platform will substantially perform according to the specifications, descriptions stated in the Terms and Conditions of the Platform, as updated from time to time, subject to the following and Sayint expressly disclaims any and all liabilities arising from the followingcircumstances:
(i) incompatibility caused by any Platform and/or hardware components installed on your Network/server where the Platform will be/isinstalled.
(ii) Any actions initiated by You or by third parties which were beyond the reasonable control of Sayint.
(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, vandalism and unauthorizedrepairs.
(iv) the deficiencies, defects, in Your premises for operation and relatedinfringements.
(v) Your violations of the terms and conditions described in the Terms and Conditions of the Platform or in this Agreement.
a. You expressly understand, admit and warrant that in no event shall Sayint and/or any of its directors, employees, agents, partners, distributors be liable from 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, damagesforlossofconfidential/otherinformation,failuretomeetanystatutoryduty/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 Sayint has been advised of the possibility of such damages), to the fullest extent permissible bylaw:
I. Arising due to your usage ofPlatform.
II. your negligence or inability of using the Platform orsupport.
III. any dispute between you and third party with respect to availing thePlatform.
IV. your violation of any rights of any other individual and/orentity.
V. your breach of theAgreement.
VI. the failure of Sayint to provide Support Service or anyother.
b. 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 You hereby release Sayint and/or its directors, employees, agents, distributors from any and all obligations, liabilities in excess of the limitation stated herein.
c. Notwithstanding any other terms of this Agreement, the maximum liability of Sayint for any claims under this Agreement shall in no event exceed the amounts payable by You towards the Licensing of Sayint Platform. Claim would vary depending upon the assessment done by Sayint and would be subject to above.
a. Force Majeure. Sayint shall not be liable for any damages or penalty for delay of failure in performance of its obligations, pursuant to any accepted purchase order, or for failure to give notice of delay when such delay is caused by the elements, acts of God, or performances by Sayint’s vendors or other third parties, or any other causes beyond the reasonable control of Sayint. Provided that Sayint shall endeavour to complete the task within a reasonable period after happening of any event as covered under such forcemajeure.
b. Jurisdiction. This agreement and any matter relating thereto shall be subject only to jurisdiction of Courts of United Kingdom 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 Sayint. 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 a sole arbitrator, to be appointed mutually by both Sayint and You. The venue of arbitration shall be Hyderabad, Telangana. 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 arbitrator shall also decide on the costs of the arbitration proceedings. To the extent possible, after the commencement of any arbitral proceedings the Parties 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 Hyderabad, Telangana, India shall have exclusive jurisdiction and the parties may pursue any remedy available to them at law or equity.
c. Complete Agreement. This Agreement comprises the entire agreement between the parties regarding it subject matter, and supersedes any proposals, negotiations, representations, advertisements, marketing materials or communications whether, oral or written, with respect to the Platform or to subject matter of this Agreement. You shall be bound by any and all clauses of the Agreement updated and displayed by Sayint on the websitewww.qcaas.net from time to time. 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 otherprovision.
d. Severability. If any of the provisions contained in this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality or enforceability of the remaining provisions contained herein shall not be in any way affected or impaired thereby and the balance of the Agreement will continue in full force and effect to the maximum extent permitted by law or equity while preserving, to the fullest extent possible, its originalintent.
e. Survival. The Clauses in this Agreement including not limited to rights to License fees receivable, “Indemnification”, “Limited Warranties & Disclaimers” and “Intellectual Property” shall survive expiration or termination of thisAgreement.
f. You cannot assign your rights or delegate duties or obligations under this Agreement. The failure to exercise or delay in exercising a right or remedy by Sayint under this Agreement shall not constitute a waiver of the right or remedy or a waiver of any prior, concurrent or subsequent right orremedy.
g. The Section numbers and headings are included merely for the convenience of the parties and are not to be construed in interpreting thisAgreement.
h. Sayint reserves right to amend this End-User License Agreement from time to time and will keep updated on its website www.qcaas.net and it would be binding on end user. This is an essence for the use of thePlatform.
i. Sayint reserves the right to co-operate with any legal process and may provide documents, information related to your use of thePlatform.