AGREED TERMS

Acknowledgement

Grand & Scope Of Licence

Licence Retrictions

• Not to copy the Service or any part of the Service except where such copying is incidental to normal use of the Service
  
• Not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Services
  
• Not to make alterations to, or modifications of, the whole or any part of the Service, or permit the Service or any part of it to be combined with, or become incorporated in, any other programs
  
• Not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service
  

Acceptable Use Restriction

• Not use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data into the Service
  
• Not infringe our intellectual property or patent rights or those of any third party in relation to your use of the Service (to the extent that such use is not licensed by this EULA)
  
• Not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Service (we retain absolute discretion in determining whether or not an item is defamatory, offensive or objectionable)
  
• Not use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users
  
• Not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service
  

Intellectual Property & Patent Rights

User Content

• Is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; 
  
• Encourages conduct that would be considered a criminal offence or gives rise to civil liability; 
  
• Breaches any duty toward or rights of any person or entity, including rights of publicity, privacy or trademark; 
  
• Contains corrupted data or any other harmful, disruptive, or destructive files; 
  
• Advertises products or services competitive with the Services, as determined by us in our sole discretion; or 
  

PAYMENT

Trial Of Service

Types Of Charges

Payment Methods

INDEMNITY

• Any actual or alleged breach of your representations, warranties, or obligations set forth in this EULA 
  
• We do not warrant that the use of the Services will be uninterrupted or error-free. We will operate the Services with reasonable care and skill and will use reasonable commercial efforts to promptly remedy any faults of which we are aware.
  
• Your wrongful or improper use of the Services
  
•  Any transaction submitted by you through the Services (including without limitation the accuracy of any User Content or product, service, or transaction information that you provide or any claim or dispute arising out of products or services offered or sold by you)
  
• Your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights
  
• Your violation of any law, rule or regulation
  
• Any other party's access and/or use of the Services with your unique name, password or other appropriate security code.
  

LIMITED WARRANTY & SUPPORT

• The Service is made available by us on an "as is" basis and may contain faults and errors. Use of the Service is at your own risk. Except for any warranty, condition, representation or term to the extent to which the same may not be excluded or limited, we make no warranties, conditions, representations, or terms (express or implied whether by statute, common law, custom, usage or otherwise) as to any matter including without limitation results, non-infringement of any party's rights, merchantability, integration, satisfactory quality, or fitness for any particular purpose.
  
• We do not warrant that the use of the Services will be uninterrupted or error-free. We will operate the Services with reasonable care and skill and will use reasonable commercial efforts to promptly remedy any faults of which we are aware.
  
• If within the term of this EULA you notify us in writing of any serious defect or material fault in the Service, we will use our endeavours to provide technical support and attempt to rectify the error as soon as reasonably practicable.
  
• This limited warranty does not apply:if the defect or fault in the Service results from you having amended the Service in breach of terms of this EULA;
  If the defect or fault in the Service results from you having used the Service in contravention of the terms of this EULA; and
  If you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
  
• Subject to clauses 9(1) to 9(4) (inclusive), we warrant to provide the Service to you for a period of at least twelve (12) months from the date you paid for it where payment for the Service was charged on a one-time up-front basis. Should we Terminate for Convenience in accordance with clause 12.2 we will refund you the amount paid on a pro-rata basis upon return of any hardware supplied to you by us. No refund is available should you Terminate for Convenience.
  

LIMITATION OF LIABILITY

• You acknowledge that the Service has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the Service meets your requirements.
  
• We will not in any circumstances have any liability for any losses or damages which may be suffered by you (or any person claiming under or through you), whether the same are suffered directly or indirectly or are immediate or consequential, and whether the same arise in contract, tort (including negligence) or otherwise howsoever, which fall within any of the following categories:
  
• Special damage even if we were aware of the circumstances in which such special damage could arise;
  
• Loss of profits;
  
• Loss of anticipated savings;
  
• Loss of business opportunity;
  
• Loss of goodwill; and
  
• Loss or corruption of data.
  
• You agree that, in entering into this EULA, you did not rely on any representations (whether written or oral) of any kind or of any person other than those expressly set out in this EULA and that you shall have no remedy in respect of such representations and (in either case) we shall have no liability in any circumstances.
  
• The exclusions set out in this clause 10 shall apply to the fullest extent permissible at law, but we do not exclude liability for:death or personal injury caused by our negligence, or the negligence of our officers, employees, contractors or agents; fraud or fraudulent misrepresentation; any other liability which may not be excluded by law.
  
• To the maximum extent permitted by law, our total liability and that of our its affiliates, officers, employees, agents, suppliers or licensors, arising out of or in connection with this EULA is limited to €100 (one hundred euro).
  

EVENTS OUTSIDE OUR CONTROL

• We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks.
  
• If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
  Our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
  We will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
  

TERMINATION

Termination For Cause

• The other party commits a material breach of any term of this EULA which breach is irremediable or if such breach is remediable fails to remedy that breach after being notified in writing to do so;
  
• The other party repeatedly breaches any of the terms of this EULA in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this EULA;
  
• The other party is unable to pay its debts as they fall due or admits inability to pay its debts or is deemed unable to pay its debts;
  
• A petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party;
  
• An application is made to court, or an order is made, for the appointment of an administrator, or if a notice of intention to appoint an administrator is given or if an administrator is appointed, over the other party;
  
• A person becomes entitled to appoint a receiver over all or any of the assets of the other party or a receiver is appointed over all or any of the assets of the other party;
  
• Any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 12(1)(c) to clause 12(1)(f) (inclusive); or
  
• The other party suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business.
  

Termination For Convenience

• All rights granted to you under this EULA shall cease;
  
• You must immediately cease all activities authorised by this EULA, including your use of any Services;
  
• You must immediately deactivate your account with us;
  
• We may remotely access the Service and cease providing you with access to the Service; and
  
• We may enter onto your premises at a time that is mutually convenient to remove all items of hardware that formed part of the Service.
  

COMMUNICATION BETWEEN US

NO PARTNERSHIP OR AGENCY

SECURITY

OTHER IMPORTANT DETAILS

• We may assign, transfer, or otherwise dispose of our rights and obligations under this EULA, in whole or in part, at any time without notice but this will not affect your rights or our obligations under this EULA.
  
• You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
  
• If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
  
• Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
  
• This EULA, its subject matter and its formation, are governed by Indian law. You and we both agree that the courts of the Republic of Ireland will have exclusive jurisdiction.
  
• This EULA and any documents expressly referred to herein contain the whole agreement between the end user and licensor and the EULA supersedes all prior agreements, arrangements and understandings between the parties.