This license Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity) and Neeti Solutions Pvt. Ltd (NSPL), a company located in Pune, India, for the Real Lives Software Product identified above, which includes computer software, and may include associated media, authorization keys and online or other documentation ('Software Product" or "Software"). By installing, copying, or otherwise using the Software Product, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you may not install, copy or otherwise use the Software.
Software Product License
The Software Product ‘RealLives’ is hosted on third party cloud global reputed company and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Product ‘RealLives’ is licensed to its users, not sold.
- 1. Grant of License. This License Agreement grants you the following rights::
- 1.1 All academic licenses are transferable and may be reallocated within the parent organization that has purchased the license
- 1.2 Licenses are perpetual for current version
- 1.3 Evaluation Period. Currently we do not offer any demo or evaluation license.
- 1.4 The product you have bought is ‘Academic’ version which is a site license/s available to educational institutions, such as schools, school districts or colleges, in which students are enrolled. The entity acquiring a site license agrees that it is an educational institution and it shall pay a license & server maintenance fees based upon the number of students at the educational institution, as set forth by NSPL and mentioned on the website. A site license allows the entity to install and use cloud version of the software by users logging in on www.reallivesworld.com website on computers owned and managed by the educational institution.
- 1.5 User experience may vary due to the current version being on the cloud and also due to internet lag – Neeti Solutions is not responsible for these.
- 1.6 Server-costs are recurrent and may be annually-charged. This server-cost is to be paid in advance. License will not be usable if annual server costs are not paid – this is a practical limitation.
2. Description of other Rights and Limitations
- 2.1 Limitations on Reverse Engineering, Decompilation, and Disassembly: You may not reverse engineer, decompile, or disassemble the Software Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- 2.2 Rental: You may not lease or rent the Software Product to others.
- 2.3 Proprietary notices: You may respect any proprietary notices or labels on the Software Product, such as patent, trademark, copyright and license notices.
- 2.4 Termination. You may terminate this Software Product license at any time. In addition, without prejudice to any other rights, this Agreement and the license granted hereunder will terminate automatically if you fail to comply with the terms and conditions described herein. Upon termination, you must destroy all user-credentials used for the Software and documentation. Your obligations to pay accrued charges and fees shall survive any termination of this Agreement.
- 3.1 All title and copyrights in and to the Software Product, and accompanying printed materials are owned by NSPL. The Software Product is protected by copyright laws and International treaty provisions. Therefore you must treat the Software Product like any other copyrighted material. The Software is Copyright © 2017 Neeti Solutions Pvt. Ltd., All rights reserved. The Software remains the sole and exclusive property of NSPL at all times.
- 3.2 All data that is fed into the game and related communication, such as comments or feedback, is considered to be the property of NSPL.
- 3.3 NSPL also gurantees to its license holders that no user data will be shared with any external entities.
4. Updates and Technical Support:
- 4.1 NSPL may, from time to time, revise or update the licensed Software. In so doing, NSPL incurs no obligation to furnish such revision or updates to you.
- 4.2 Updates and further support terms are available to you on the same basis as NSPL makes them available to its other licensees at then current prices.
- 5. Disclaimer of Warranty
- 5.1 The Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by you.
- 5.2 Should the Software prove defective, you and not NSPL or its suppliers assume the entire cost of any service and repair. In addition, the Software has inherent limitations, and you must determine that the Software sufficiently meets your requirements as part of the evaluation and purchase process.
- This disclaimer of warranty constitutes an essential part of the agreement.
6 Limitation of Liability
- 6.1 To the maximum extent permitted by applicable law, any conditions or warranties imposed or implied by law are hereby excluded. Consumers may however have the benefit of certain rights or remedies in respect of which liability may not be excluded. Insofar as such liability may not be excluded then to the maximum extent permitted by law, such liability is limited, at NSPL exclusive option, to either (a) the price paid for the SOFTWARE or (b) replacement of the Software.
7 Exclusion of Liability/Damages
- 7.1 The following is without prejudice to any rights you may have at law which cannot legally be excluded or restricted. You acknowledge that no promise, representation, warranty or undertaking has been made or given by NSPL (or related company ) to any person or company on Its behalf in relation to the value or benefits to be obtained from the delivery or use of the Software and any accompanying manuals or other materials.
- 7.2 You have relied upon your own skill and judgment in deciding to acquire the Software and any accompanying manuals and other materials for use by you.
- 7.3 Except as and to the extent provided in this agreement, neither NSPL nor any related company will in any circumstances be liable for any other damages whatsoever arising out of the use, or inability to use, or supply or non-supply, of the Software and any accompanying written materials.
8. General Provisions
- 8.1 No amendment, modification, or waiver of any provision of this agreement shall be effective unless it is set forth in a writing that refers to the provisions so affected and is executed by an authorized representative of both parties. No failure or delay by either party in exercising any right, power, or remedy will operate as a waiver of any such right, power, or remedy.
- 8.2 If any dispute arises under this Agreement, the parties shall negotiate in good faith to settle such dispute. If the parties cannot resolve a dispute themselves, then either party may submit the dispute to mediation by a mediator approved by both parties. The parties shall both cooperate with the mediator. If the parties cannot agree on a mediator, or if either party does not wish to abide by any decision of the mediator, then they shall submit the dispute to arbitration by any mutually acceptable arbitrator. If no arbitrator IS mutually acceptable then they shall submit the matter to binding arbitration under the jurisdiction of the Govt of India. Under any arbitration, both parties shall cooperate with and abide with any decision of the arbitration proceeding. The cost of the arbitration proceeding shall be borne according to the decision of the arbitrator who may apportion costs and attorney's fees in accordance with any finding of fault or lack of good faith of either party
- 8.3 The validity, construction, and performance of this Agreement will be governed by the jurisdiction of the Pune civil courts. All actions relating to this agreement shall be considered for resolution under the laws of India. Both parties hereby consent to such venue.
- 8.4 The provisions of this Agreement constitute the entire agreement between the parties and supersede all prior agreements, oral or written, relating to the subject matter of this Agreement.
- 8.5 The waiver or failure of either party to exercise any right in any respect provided for herein shall not be deemed a waiver of any further right hereunder. Unless otherwise specified herein, the rights and remedies of the parties set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available at law or in equity.
- 8.6 In case any of the provisions contained in this Agreement shall be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions hereunder and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
- 8.7 In case of any mistake in this Agreement, including any error ambiguity, contradiction, or omission, this Agreement shall be interpreted as if such mistake were rectified in a manner that implements the intent of the parties as clearly as possible and effects substantial fairness, considering all pertinent circumstances.
- 8.9 Neither party named herein shall in any way be considered an agent, partner, or principal of the other.
- 8.10 The headings of the sections of this Agreement are inserted for convenience only and shall not constitute a part hereof or affect in any way the meaning or interpretation of this Agreement.
- 8.11 Neither party to this Agreement shall commit any act or take any action that frustrates or hampers the rights of the other party under this Agreement. Each party shall act in good faith and engage in fair dealing when taking any action under or related to this Agreement.
© 2017 Neeti Solutions Pvt. Ltd, Pune (India). All rights reserved.