END USER LICENSE AGREEMENT IS FOR ALL LOGINEXT’S MOBILE AND WEB APPLICATIONS AND ALL ITS VERSIONS WHICH OFFERS A LOCATION BASED REAL-TIME TRACKING AND ANALYTICS SOLUTION. BY DOWNLOADING, INSTALLING, COPYING, ACCESSING OR USING THE SOFTWARES, YOU AGREE TO THE TERMS OF THIS END USER LICENSE AGREEMENT. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY OR LEGAL ENTITY TO THESE TERMS.
IF YOU DO NOT AGREE TO THESE TERMS:
1. DO NOT DOWNLOAD, INSTALL, COPY, ACCESS OR USE THE SOFTWARE, AND
2. PROMPTLY RETURN THIS SOFTWARE AND PROOF OF ENTITLEMENT TO THE PARTY FROM WHOM YOU ACQUIRED THEM
This End User License Agreement ("EULA") is entered into as of the date of download ("Effective Date") by and between Loginext Solutions Private Limited ("LogiNext"), a company incorporated under The Companies Act, 2013, having its registered office at 1901, Happiness, City of Joy, Mulund West, Mumbai 400080, and the person, company or entity ("User") who downloads, installs or uses the mobile or web application for any purpose including for the purposes of inter-operability or individual investigation.
Whereas, LogiNext has developed a proprietary solution using map data, and the related proprietary technology to track, search, manipulate, calculate and display the location data via web and mobile interface; Whereas, User desires to download, install or use the LogiNext Mobile Applications and LogiNext Subscription Service (as those terms are defined below);
Now Therefore, in consideration of the terms and conditions set forth herein, LogiNext and User agree as follows:
As between the User and LogiNext ("Parties"), LogiNext owns all right, title, and interest in and to the LogiNext Mobile Applications and LogiNext Subscription Service, including all Intellectual Property Rights therein. There are no implied licenses granted under this Agreement. Nothing contained herein shall be construed as conferring upon User any right to use in advertising, publicity or other marketing activities, any name, trade name, trademark, logo, or other designation of LogiNext. When User downloads the app, uploads, submits, stores, sends or receives content to or through LogiNext Mobile Application or Subscription Services, User gives LogiNext (and those we work with) a worldwide license to use, host, store, reproduce, modify and create derivative works (such as those resulting from translations, adaptations or other changes LogiNext makes so that its services work better).
IN NO EVENT WILL LOGINEXT BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOST DATA OR LOST REVENUE ARISING FROM OR RELATED TO THIS AGREEMENT OR THE LOGINEXT SUBSCRIPTION SERVICE OR LOGINEXT MOBILE APPLICATIONS, HOWEVER CAUSED AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EVEN IF LOGINEXT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
User will restrict access to the Confidential Information to those of its employees who have signed confidentiality agreements at least as restrictive as those contained herein. User shall use at least the same standard of care as used to protect its own confidential information of similar nature, but no less than reasonable care, to prevent unauthorized use or disclosure of the Confidential Information. Upon discovering any unauthorized use or disclosure of Confidential Information, User shall promptly notify LogiNext.
User agrees to defend, indemnify and hold harmless LogiNext and its officers, directors, employees, and agents from and against any and all third party claims, demands, actions, losses, liabilities, damages or expenses (including court costs and reasonable attorneys' fees) arising out of or relating to any use by User.
All disputes arising out of or relating to this Agreement or its subject matter will be governed by the substantive laws of India, if you purchased the license to the Software in the India.