IFapERP 6

EULA - End User License Agreement

THIS LICENSE TERMS ARE APPLICABLE FOR THE USERS OF BINARY VERSIONS OF IFAP ERP. THE CUSTOMERS WHO BOUGHT SOURCE CODE LICENSE WILL HAVE COMPLETE OWNERSHIP RIGHTS TO REBRAND AND RESELL.

Software license terms and conditions
BY INSTALLING OR USING THE LICENSED SOFTWARE FROM INFYGEN TECHOLOGIES (INFYGEN), THE INDIVIDUAL IF ACTING ON BEHALF OF HIMSELF OR HERSELF (INDIVIDUAL CUSTOMER) OR THE INDIVIDUAL WHO IS ACTING ON BEHALF OF AN EDUCATIONAL OR NONPROFIT INSTITUTION, GOVERNMENTAL AGENCY, OR OTHER ENTITY (ENTITY CUSTOMER, THE INDIVIDUAL CUSTOMER AND ENTITIY CUSTOMER TOGETHER ARE CUSTOMER) IS AGREEING TO BE BOUND BY THIS SOFTWARE LICENSE AGREEMENT (AGREEMENT).
IF CUSTOMER DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, CUSTOMER MAY NOT INSTALL, COPY, OR USE THE LICENSED SOFTWARE.
THE EFFECTIVE DATE FOR THIS AGREEMENT IS THE DAY CUSTOMER INSTALLS THE SOFTWARE.
1. DEFINITIONS.
Activation Key means, collectively, the specific Serial Number, code, and authorization for each copy of the Licensed Software issued by Infygen Technologies to Customer.
Affiliates or Affiliate means an entity, institution, or organization that controls, is controlled by, or is under common control with another entity, institution, or organization, with at least majority ownership.
Authorized Reseller means an authorized distributor, authorized reseller, or dealer of the Licensed Software.
Authorized User means an employee, contractor, registered student, research assistant, or agent of Entity Customer authorized by Entity Customer to use the Licensed Software.
Concurrent Authorized Users means Authorized Users who use the software at the same time in accordance with the terms of this Agreement.
Confidential Information has the meaning set forth in Section 7 of this Agreement.
Customer Enhancements means enhancements to Stata Special Files in which the copyright is owned by Customer and which are derivative works of the Infygen Technologies Enhancements.
Documentation means the user manuals and supporting documentation in electronic form provided with the Licensed Software under this Agreement.
License Fee means the applicable fee for which Customer licenses the Licensed Software.
License Period means a perpetual term unless (a) terminated as provided below or (b) a specific fixed term is otherwise set forth in the License and Activation Key.
Licensed Software means the specific software licensed to Customer under the terms of this Agreement (as specified in the License and Activation Key issued to Customer), including any Updates and Upgrades thereto.
Serial Number means a set of unique characters associated with a specific copy of the Licensed Software issued by Infygen Technologies to Customer (based on the specific configuration and release of the Licensed Software and the license type, license term, and/or number of Concurrent Authorized Users).
Infygen Technologies Enhancements means Stata Special Files or enhancements to Stata Special Files in which the copyright is owned by Infygen Technologies or distributed by Infygen Technologies from time to time. Infygen Technologies Enhancements are not defined as Software.
Infygen Technologies Website means www.infygen.com.
Infygen Special Files are files with file extensions of .java, .class, .jpeg, .gif, .sql, .rar, .data, .ini, or .txt. These files may be modified and distributed by the Customer pursuant to the terms and conditions of this license.
Third-Party Software means certain software supplied by third parties that Infygen Technologies provides access to as part of the Licensed Software.
Update means a revision to the Licensed Software or patch that improves the functionality of the Licensed Software, and may contain new features or enhancements, which is not an Upgrade.
Upgrade means a subsequent version of the Licensed Software that Infygen Technologies designates as a new release and makes generally commercially available or a different flavor of the Licensed Software that Infygen Technologies makes generally commercially available.
2. LICENSE AND ACTIVATION KEY, LICENSE GRANTS, AND OWNERSHIP.
2.1 License and Activation Key.
Infygen Technologies shall issue Customer a License and Activation Key via email, fax, postal mail, or courier (e.g., FedEx, UPS, DHL) that sets forth the specific Licensed Software, the specific number of Concurrent Authorized Users for Entity Customers, and the Activation Key associated with the Licensed Software (the License and Activation Key). The License and Activation Key is hereby incorporated by reference into this Agreement. Certain of the licenses in Section 2.2(b) permit use by Authorized Users of Entity Customer and the Entity Customer is responsible for compliance of all such Authorized Users with the Agreement and shall be liable for the breach of the terms of this Agreement by such Authorized Users.
2.2 Licenses.
(a) Single-User License Grant.
This Section 2.2(a) applies only to an Individual Customer whose License and Activation Key issued by Infygen Technologies specifies the License Type as Single User. A Single-User license is for a named individual who is identified as the only Authorized User. Subject to the terms and conditions of this Agreement, Infygen Technologies grants to Customer a non-assignable, nontransferable license, without the right to sublicense, to use the Licensed Software, in object-code and source code form., Object code can be used solely for Customer's internal business, research, or educational purposes, and can be sold to another Individual Customer.
(b) Concurrent Authorized-User Grant.
(i) Network License Grant Licensed Software.
This Section 2.2(b) (i) applies only to a Customer whose License and Activation Key issued by Infygen Technologies specifies the License Type as Network. Subject to the terms and conditions of this Agreement, Infygen Technologies grants to Customer a non-assignable, nontransferable license, without the right to sublicense, to use the Licensed Software Source Code. Customer is authorized by Infygen Technologies to install the Licensed Software on an unlimited number of machines.
(ii) Compute-Server License Grant Licensed Software.
This Section 2.2(b) (ii) applies only to a Customer whose License and Activation Key issued by Infygen Technologies specifies the License Type as Compute Server. Subject to the terms and conditions of this Agreement, Infygen Technologies grants to Customer a non-assignable, nontransferable license, without the right to sublicense, to use and execute the Licensed Software Source Code.
(iii) Student Lab License Grant Licensed Software.
This Section 2.2(b) (iii) applies only to a Customer whose License and Activation Key issued by Infygen Technologies specifies the License Type as Student Lab. Subject to the terms and conditions of this Agreement, Infygen Technologies grants to Customer a non-assignable, nontransferable license, without the right to sublicense, to use the Licensed Software, in source-code form, solely in an educational student lab environment for teaching purposes (but not for research purposes) within a degree-granting institution. Customer is authorized to install the Licensed Software on an unlimited number of machines as long as the specific number of Concurrent Authorized Users for which Customer has paid the applicable License Fee is not exceeded.
(iv) Customer Obligations.
This Section 2.2(b) (iv) applies to a Customer whose License and Activation Key issued by Infygen Technologies specifies the License Type as Network, Compute Server, or Student Lab. Customer is responsible for managing the usage of the Licensed Software to ensure that such usage does not exceed the specific number of Concurrent Authorized Users for which Customer has paid the applicable License Fee. Customer may add additional Concurrent Authorized Users to Customer's account for the Licensed Software by placing an order with Infygen Technologies or an Authorized Reseller. One copy of the Licensed Software may be made for backup purposes only.
2.3 Documentation License.
Subject to the terms and conditions of this Agreement, Infygen Technologies grants to Customer a non-assignable, nontransferable license, without the right to sublicense, to use the Documentation in connection with Customer's authorized use of the Licensed Software.
2.4 Activation Key.
Infygen Technologies shall issue to Customer a License and Activation Key for each copy of the Licensed Software. Customer is entirely responsible for any and all activities that occur under Customer's account and all charges incurred from use of the copy of the Licensed Software assigned by Serial Number to Customer (e.g., maintenance, support, or license or subscription fee charges). The Licensed Software shall be deemed accepted upon the delivery of the Activation Key to Customer by Infygen Technologies or an Authorized Reseller.
2.5 License to Infygen Technologies Enhancements.
Subject to the terms and conditions of this Agreement, Infygen Technologies grants to Customer a non-assignable, nontransferable, royalty-free license, without the right to sublicense, to use the Infygen Technologies Enhancements solely with the Software for Customer's internal business, research, or educational purposes. In addition, subject to the terms and conditions of this Agreement, Infygen Technologies grants to Customer a non-assignable, nontransferable, royalty-free license to modify, reproduce, and distribute the Infygen Technologies Enhancements to create Customer Enhancements solely for use with the Software. Customer may distribute the Customer Enhancements to third parties either at no charge or for a fee. THE INFYGEN TECHNOLOGIES ENHANCEMENTS ARE PROVIDED TO CUSTOMER ON AN AS IS' AND WHERE IS' BASIS AND WITHOUT WARRANTY OF ANY TYPE OR KIND. INFYGEN TECHNOLOGIES AND ITS THIRD-PARTY LICENSORS HEREBY EXPRESSLY DISCLAIM AND EXCLUDE ALL WARRANTIES AND CONDITIONS, WHETHER STATUTORY, EXPRESS, IMPLIED. OR OTHERWISE, WITH RESPECT TO THE INFYGEN TECHNOLOGIES ENHANCEMENTS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
2.6 License to Customer Enhancements.
If Customer submits Customer Enhancements to Infygen Technologies or makes Customer Enhancements generally available for modification, use, or distribution without charge by third parties, Customer grants to Infygen Technologies a perpetual, irrevocable, transferable, royalty-free license to modify, reproduce, and distribute the Customer Enhancements, with the right to sublicense through multiple tiers of distribution. THE CUSTOMER ENHANCEMENTS ARE PROVIDED TO INFYGEN TECHNOLOGIES ON AN AS IS' AND WHERE IS' BASIS AND WITHOUT WARRANTY OF ANY TYPE OR KIND. CUSTOMER HEREBY EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES AND CONDITIONS, WHETHER STATUTORY, EXPRESS, IMPLIED OR OTHERWISE, WITH RESPECT TO THE CUSTOMER ENHANCEMENTS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
2.8 Ownership.
The Licensed Software, Infygen Technologies Enhancements, and Documentation contain copyrighted material and other proprietary material and information of Infygen Technologies and/or its licensors. Infygen Technologies and/or its licensors shall retain all right, title, and interest, including all intellectual property rights, in and to the Licensed Software, Infygen Technologies Enhancements, and Documentation.
3. TECHNICAL SUPPORT AND UPGRADES AND UPDATES.
3.1 Technical Support.
Infygen Technologies agrees to provide Customer with technical support services which include periodic distribution of bug fixes and minor enhancements as Updates scheduled by Infygen Technologies. All registered users of the then-current release of IFap ERP and the previous release of IFap ERP are eligible for free limited technical support. Installation support inquiries by telephone will be accepted by Infygen Technologies during normal business hours. Technical support email inquiries are accepted at any time and will be answered during normal Infygen Technologies business hours. Infygen Technologies will attempt to respond to inquiries within the same business day.
3.2 Updates and Upgrades.
To receive and use an Upgrade, Customer must pay the applicable fees for that Upgrade and agree to Infygen Technologies's standard terms and conditions governing the use of that Upgrade. If no such standard terms and conditions are stated by Infygen Technologies, the terms of this Agreement shall apply and the Upgrade shall be deemed Licensed Software. Infygen Technologies will issue a new Activation Key for the Upgrade. For a Single-User license, once Infygen Technologies issues the new Activation Key for an Upgrade version, Customer shall be able to continue to use the prior version of the Licensed Software. For Network, Compute Server, and Student Lab licenses, once Infygen Technologies issues the new Activation Key for an Upgrade, Customer shall be able to continue to use the prior version of the Licensed Software on the condition that the total, combined number of Concurrent Authorized Users who are using the Licensed Software (either the prior version, Upgrade, or both) does not exceed the specific number of Concurrent Authorized Users for which Customer has paid the applicable fee. For a Single-User license, technical support services are provided only for the Customer of the then-current version of the Licensed Software. For any other type of license selected by Customer (i.e., Network, Compute Server, or Student Lab), technical support services are provided only for the Authorized Users of the then-current version of the Licensed Software.
4. LIMITED WARRANTY; WARRANTY DISCLAIMER.
4.1 Limited Media Warranty.
Before purchasing the software from Infygen Technologies the customer may check the software using our existing trial version and can check the quality and features of the software. After making a purchase Infygen Technologies warrants that the media on which the Licensed Software, Infygen Technologies Enhancements, and Documentation is furnished shall be free from defects in material and faulty workmanship. Infygen Technologies or the applicable dealer will not be responsible for replacing any media that contains defects due to Customer's misuse. THE FOREGOING IS CUSTOMER'S SOLE REMEDY, AND INFYGEN TECHNOLOGIES'S SOLE OBLIGATION, WITH RESPECT TO A BREACH OF THE LIMITED MEDIA WARRANTY.
4.2 Performance Warranty.
Infygen Technologies represents and warrants for a period of 15 days from the date of the order that the Licensed Software substantially conforms to the functional specifications. Customer must notify Infygen Technologies during the warranty period or 15 days after it ends of any alleged breach of the warranty. THIS SECTION CONTAINS CUSTOMER'S EXCLUSIVE REMEDY AND INFYGEN TECHNOLOGIES'S SOLE LIABILITY FOR BREACH OF THIS WARRANTY.
4.3 No Disabling Code.
With respect to the Licensed Software (including any Updates or Upgrades) and as of the date of delivery, Infygen Technologies represents and warrants that (i) it has used commercially reasonable efforts consistent with industry standards to scan for and remove any software viruses, and (ii) it has not inserted any Disabling Code. Disabling Code means computer code inserted by Infygen Technologies that is not addressed in the Documentation and that is designed to delete, interfere with, or disable the normal operation of the Products. This Disabling Code warranty does not apply to Infygen Technologies passwords necessary for the operation of the Licensed Software, to the Licensed Software's Activation Key requirement, or for any use by Customer outside the scope of the license.
4.4 No Warranty.
EXCEPT FOR THE WARRANTIES ABOVE, THE LICENSED SOFTWARE, DOCUMENTATION, AND SUPPORT SERVICES ARE PROVIDED TO CUSTOMER ON AN AS IS' AND WHERE IS' BASIS AND WITHOUT WARRANTY OF ANY TYPE OR KIND. INFYGEN TECHNOLOGIES HEREBY EXPRESSLY DISCLAIMS AND EXCLUDES ON BEHALF OF ITSELF AND ITS LICENSORS ALL WARRANTIES AND CONDITIONS, WHETHER STATUTORY, EXPRESS, IMPLIED, OR OTHERWISE, WITH RESPECT TO THE LICENSED SOFTWARE AND SUPPORT SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
5. TERM AND TERMINATION.
5.1 Term.
Except for Customers with a fixed-term License Period, this Agreement shall commence on the Effective Date and shall continue in effect until terminated as set forth below. If the License Period is for a fixed term, this Agreement will commence on the Effective Date and shall continue until the earlier to occur of the expiration of the License Period or the termination of this Agreement as set forth below. In the case of additional Concurrent Authorized Users who are authorized and added after the initial License Fee payment, the term of their usage of the Licensed Software shall be coterminous with the preexisting then-current term. If Customer purchases an Upgrade, the term of the Agreement shall be the specific term set forth in the new License and Activation Key issued for the Upgrade.
5.2 Termination.
Customer may terminate this Agreement at any time upon thirty (15) days' prior written notice to Infygen Technologies. Infygen Technologies may terminate this Agreement immediately without notice if Customer breaches any term of this Agreement, including, without limitation, breaching the scope of the license granted or confidentiality obligations under this Agreement.
5.3 Effect of Expiration or Termination.
Upon expiration or termination of this Agreement, (i) the rights and licenses granted to Customer pursuant to this Agreement shall automatically and immediately terminate and (ii) Customer shall immediately cease using the Licensed Software. In addition, for a fixed-term License Period, upon expiration of the License Period, the Activation Key will expire and the Licensed Software will cease to function. Sections 2.5, 2.6, 2.7, 2.8, 4.4, 5.3, 7, 8, 9, 10, and 11 of this Agreement shall survive any expiration or termination of this Agreement.
6. FEES AND PAYMENT.
6.1 Fees and Payment Terms.
Customer licenses the Licensed Software from Infygen Technologies. This Agreement is between Customer and Infygen Technologies solely. The applicable License Fee is specified on the Infygen Technologies Website or in the specific price proposal provided by Infygen Technologies or an Authorized Reseller. The payment terms and conditions for the License Fee payable to Infygen Technologies are specified on the Infygen Technologies invoice or in the specific price proposal provided by Infygen Technologies. The payment terms and conditions for the License Fee payable to an Authorized Reseller are as specified by the specific Authorized Reseller. All fees paid to Infygen Technologies are non-refundable except as explicitly permitted from time to time on the Infygen Technologies Website. Infygen Technologies may terminate this Agreement and invalidate Customer's Activation Key if the billing or contact information is false, fraudulent, or invalid. Customer will pay all taxes, including sales, use, personal property, value-added, excise, customs fees, import duties, stamp duties, and any other similar taxes and duties, including penalties and interest, imposed by any India federal, state, provincial, or local government entity or any non-Indian government entity on the transactions contemplated by this Agreement, excluding taxes based upon Infygen Technologies's net income.