TERMS & CONDITIONS / EULA
(End User License Agreement)
This page (together with the documents referred to on it) is the License Agreement between you or the entity that you represent and Hyper Drive Solutions Inc. governing your use of Hyper Drive
Solutions Inc.'s range of products' (hereinafter also "Licensed Software"). By using the Licensed Software you confirm that you are agreeing to be bound by the following terms and conditions. By proceeding to download and install Licensed Software (or any updates to this Software that we may make available from time to time), you agree to the terms of this page and your use of such Software (including any updates) will be in compliance with these Terms and Conditions. If you do not agree to these, we are unwilling to license our Software to you. In this case, you may not download or install our Software and you must discontinue the download or installation process.
You agree that: You are responsible for maintaining the security, integrity, health, and backups of your database. Hyper Drive Solutions Inc. can't and won't be liable for any loss or damage from your failure to comply with this obligation.
You will not use the Licensed Software for any illegal or unauthorized purpose. You will not, in the use of the Licensed Software, violate any laws in your jurisdiction (including but not limited to copyright laws). If you have any questions regarding these terms and conditions, please contact our Customer Service at [email protected]
Modifications of the Terms and Conditions and EULA
Hyper Drive Solutions Inc. reserves the right to update and change the Terms and Conditions / EULA from time to time without notice. Any new features that augment or enhance the current Licensed Software, including the release of the updates, shall be subject to these Terms and Conditions. Continued use of the Licensed Software after any such changes shall constitute your consent to such changes. You can review the most current version of these Terms and Conditions at any time at http://hyperdrivesolutions.com/TermsAndConditions.
Evaluation License / Trial Key License
Hyper Drive Solutions Inc. grants to you a non-exclusive, non-transferable, Evaluation License for trial and evaluation of the Licensed Software, in binary object code form, for a period of thirty (14) days from the date of download or installation. This License begins upon downloading or installing the Licensed Software and ends thirty (14) days thereafter ("Evaluation Period").
If you are not willing to use the Licensed Software, after the Evaluation Period, delete all the copies installed in your computer with immediate effect. You are forbidden from using the Licensed Software for any other use or otherwise offering it for resale under the terms of this Section. Hyper Drive Solutions Inc. retains all rights not specifically granted to you herein.
You agree that you will not change the system date in order to make the trail key work beyond the initial trial period allotted to you. You agree that you will not use more than one trail keys on the same computer in order to extend the trial period.
The commercial License key/ Permanent Key
As part of your choosing to license the Licensed Software, Hyper Drive Solutions Inc. grants you a fee-bearing, non-exclusive, non-transferable, worldwide license to Use the Licensed Software, including user documentation that you have downloaded from or received on media provided by Hyper Drive Solutions Inc., including all updates provided through the Hyper Drive Solutions Inc.'s subscribed support services, where applicable, provided that such access and Use of the Licensed Software is in accordance with the Computer Id it was granted for by Hyper Drive Solutions Inc. "Use" means storing, loading, installing, executing or displaying the Licensed Software. "Computer Id" is the unique computer identification number generated by the Licensed Software. One copy of the Licensed Software can be installed only on one machine. To install the Licensed Software, internet connection is made mandatory. Internet connection is not required when uninstalling the software.
You agree to provide an internet connection to the computer where the Licensed Software is installed on a regular basis to revalidate the license key with Hyper Drive Solutions Inc. 's license server.
As part of the installation or registration process, Hyper Drive Solutions Inc. will collect information such as contact person, mobile number, email address, business name & address. This information will be available in Hyper Drive Solutions Inc. CRM (Customer Relationship Management) to serve you better.
You agree to
a) provide true, accurate, current and complete information; and,
b) promptly notify us to update the information provided during the installation or registration to keep it true, accurate, current, and complete.
Restrictions on Use
You agree to use the Licensed Software solely for your use or the entity that you represent. You agree not to enable public performance or other activities prohibited by applicable copyright law. You agree not to: Apply the same license to more than one computer;
Remove any copyright, trademark or other proprietary notices from the Licensed Software or its copies;
Make any copies except for one back-up or archival copy, for a temporary emergency purpose;
Rent, lease, license, sublicense or distribute the Licensed Software or any portions of it on a standalone basis or as part of your application;
Modify the Licensed Software;
Reverse engineer, decompile or disassemble the Licensed Software.
Allow any third parties to access, use or support the Licensed Software
Resell, transfer or sublicense any aspect of the Licensed Software;
Hyper Drive Solutions Inc. is not responsible for support, customization or development carried out by third-party suppliers engaged by you. Hyper Drive Solutions Inc. is not responsible for commitment entered into by a third party that could represent an obstacle to the performance of these Terms and Conditions.
Hyper Drive Solutions Inc. provides the support that includes email support for problem reporting, remote computer control support for problem resolution, product updates, and online access to the product documentation. To avail, the Technical Support, explicit purchase of Hyper Drive Solutions Inc. AMC(annual maintenance contract – valid for one year) is required.
Ownership and Intellectual Property
Hyper Drive Solutions Inc. owns all rights, title, and interest in and to the Licensed Software. Hyper Drive
Solutions Inc. expressly reserves all rights not granted to you herein, notwithstanding the right to discontinue or not to release any Licensed Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or characteristics of the Licensed Software. The Licensed Software is only licensed and not sold to you by Hyper Drive Solutions Inc.
Hyper Drive Solutions Inc. has the right to audit your Use of the Licensed Software by providing at least seven (7) days prior written notice of its intention to conduct such an audit at your facilities during normal business hours.
You agree that all agreements and transactions between you and us will be done electronically. You agree to receive all notices and terms regarding the Licensed Software either by (a) e-mail to you, by (b) we post them on the web page of our website. To receive electronic notices, you must have access to the Internet and a current version of an Internet browser. You will need to provide your own printer if you want to print any of our terms.
The Licensed Software contains proprietary information of Hyper Slutions Inc. that are protected by the laws of India and you hereby agree to take all reasonable efforts to maintain the confidentiality of the Licensed Software. You agree to reasonably communicate the terms and conditions of this Agreement to those persons employed by you who come into contact with or access the Licensed Software, and to use reasonable efforts to ensure their compliance with such terms and conditions, including but not limited to, not knowingly permitting such persons to use any portion of the Licensed Software for a purpose that is not allowed under this Agreement.
Hyper DriveSolutions Inc. does not warrant that the Licensed Software will be error-free. Except as provided herein, the Licensed Software is furnished "as is" without warranty of any kind, including the warranties of merchantability and fitness for a particular purpose and without warranty as to the performance or results you may obtain by using the Licensed Software. You are solely responsible for determining the appropriateness of using the Licensed Software and assume all risks associated with the use of it, including but not limited to the risks of program errors, damage to or loss of data, programs or equipment, and unavailability or interruption of operations
Limitation of Liability
Under no circumstances shall Hyper Drive Solutions Inc, or their respective parents, affiliates, directors, employees, distributors, suppliers, agents or resellers (collectively, the "HDS group") be liable for any indirect, special, incidental, consequential, punitive, exemplary damages, or damages for loss of business, loss of profits, business interruption, or loss of business information that result from the use of, or inability to use, the licensed software, and in no event shall HDS group’s liability to you for all damages. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if HDS group has been advised of the possibility of such damage. Additionally, under no circumstances shall HDS group is held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with the use of or reliance on any content, goods or services available on or through any external sites linked from the site. Hds group is not responsible for, and shall have no liability for, the loss of or damage to your Content and documents including any loss or damage resulting from the suspension or termination of the licensed software or this agreement.
You are responsible for maintaining the security, integrity, health, and backups of your database. Hyper Drive Solutions Inc. can't and won't be liable for any loss or damage of your data from your failure to comply with this obligation.
Upon a request by Hyper Drive Solutions Inc. you agree to defend, indemnify, and hold Hyper Drive Solutions Inc. harmless along with their other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your misuse of Licensed Software or from your failure to comply with these Terms and Conditions. Hyper Drive Solutions Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Hyper Drive Solutions Inc. in asserting any available defenses.
Any claim relating to Hyper Drive Solutions Inc. Licensed Software shall be governed by the laws of the Bangalore, state of Karnataka, India without regard to its conflict of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of the Licensed Software shall be filed only in the Bangalore, Karnataka, India courts, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Severability and Integration
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Hyper Drive Solutions Inc. with respect to the Licensed Software and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Hyper DriveSolutions Inc. with respect to the Licensed Software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.