End User License Agreement
Last updated: 26TH JULY 2024
This End-User License Agreement (referred to as the "EULA") is a legally binding agreement between you, the Licensee, an individual customer or entity, and the Cinestox Technologies Pvt Ltd, the company, and the author of CINETRADE, the Software, which may include associated media, printed materials, and online or electronic documentation. This Agreement is a legally binding contract that includes terms that limit your legal rights and Licensors' liability to you and shall govern all access to and use of the Software. You hereby agree, without limitation or alteration, to all the terms and conditions contained herein.
By installing, copying, or otherwise using the Licensed Product (Software), the Licensee agrees to be bound by the terms and conditions outlined in this EULA. However, if the Licensee does not agree to the terms and conditions outlined in this EULA, the said Licensee may not download, install, or use Software.
Definitions
"EULA" shall refer to this End-User-License-Agreement, including any amendment to this Agreement.
"Licensee" shall refer to the individual or entity that downloads and uses the Software.
"Licensor" shall refer to the company or author, Cinestox Technologies Pvt Ltd, located at
"Software/Licensed product" shall mean CINETRADE, the Licensed Product provided pursuant to this EULA.
Grant of License
Subject to the terms of this EULA, the Cinestox Technologies Pvt Ltd hereby grants to the Licensee, revocable, non-exclusive, non-transferable, limited license to download, install, and use the Software solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
Intellectual Property
You hereby unconditionally agree that all right, title and interest in the copyrights and other intellectual property rights in the Licensed Product reside with the Licensor. The Patents, trademarks, logos, designs, and service marks appearing on the Licensed Product are registered and unregistered marks of the Licensor. Accordingly, nothing in this EULA or the Licensed Product grants you any right to use any form of intellectual property contained in the Licensed Product.
Therefore, all rights, titles, interests, and copyrights in and/or to the Software, including but not limited to all images, graphics, animations, audio, video, music, text, data, code, algorithm, and information, are owned by the Licensor. Accordingly, the Software is protected by all applicable copyright laws, patent laws, and the Licensee is expected to use the Software concerning all intellectual property contained therein, except as otherwise provided for in this EULA.
You agree to notify the Licensor promptly if you become aware of any infringement of the Licensor’s intellectual property rights in the Software.
Restrictions on Use:
You agree not to, and you will not permit others to:
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Copy, modify, or create derivative works of the Software.
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Distribute, transfer, sublicense, lease, lend, or rent the Software to any third party.
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Reverse engineer, decompile or disassemble the Software.
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Remove, alter, or obscure any proprietary notices on the Software.
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Use the Software in any manner that could damage, disable, overburden, or impair the Software.
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Use the Software to create or distribute any malicious software or for any unlawful purpose.
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Licensee may not duplicate or redistribute copies of the Software, without the Licensors express written permission.
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Use the Software for any purpose other than personal and non-commercial purposes.
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Use the Software for any illegal or unlawful purpose.
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Gather factual content or any other portion of the Software by any automated means, including but not limited to database scraping or screen scraping.
Related Agreements
By agreeing to this EULA, you also agree to comply with the terms of Terms and Conditions, Privacy Policy, and any other agreements incorporated herein by reference.
Update and Maintenance
Cinestox Technologies Pvt Ltd shall provide updates and maintenance on as-needed basis.
Support
Cinestox Technologies Pvt Ltd has no obligation to Software support, or to continue providing or updating any of the Software.
Use of Licensee Data
By accessing or using the software, the licensee hereby gives consent that Licensor can collect and use information under Privacy policy.
Licensee must register and install the software program to utilize the product. The software program’s access is restricted, requiring a user ID and password or a validated and authorized email sign-in.
The Licensee accepts that all information about the licensee provided to access the product and during its use is true, and the licensee agrees not to use any aliases or other means to conceal their identity. Licensee accepts that any email accounts used in conjunction with access to and use of the product are solely owned by licensee and not by anyone else.
Governing Law and Jurisdiction
This EULA shall be deemed to be construed under the jurisdiction of the courts located in INDIA, without regard to conflicts of laws as regards the provisions thereof. Any legal action relating to this EULA shall be brought exclusively in the courts of INDIA, and all parties consent to the jurisdiction thereof. EULA is made within the exclusive jurisdiction of INDIA, and its jurisdiction shall supersede any other jurisdiction of either party's election
Termination
Licensor may terminate this EULA at any time if you fail to comply with any term(s) of this Agreement. Upon termination, you must cease all use of the Software and destroy all copies, full or partial, of the Software.
Licensor may cancel licensee access to the software at any time if Licensee is in breach of the terms of this agreement, terms of use, privacy policy, or if the licensee fails to pay the required service fees.
The termination of these terms does not preclude the licensor from seeking any legal remedies, including injunctive relief, or relieve the licensee of the duty to pay all fees that have accrued or have become payable by licensee hereunder.
Warranty and Disclaimer
The software is provided “as is” and with all faults. Licensor makes no warranties, whether express, implied, or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Licensee bear the entire risk as to selecting the software for your purposes and as to the quality and performance of the software
Limitations of Liability
The Licensee agrees that the Cinestox Technologies Pvt Ltd shall not be liable to Licensee, or any other related person or entity claiming any loss of profits, income, savings, or any other consequential, incidental, special, punitive, direct or indirect damage, whether arising in contract, tort, warranty, or otherwise. Even if Cinestox Technologies Pvt Ltd has been advised of the possibility of such damages. These limitations shall necessarily apply regardless of the primary purpose of any limited remedy.
Under no circumstances shall Cinestox Technologies Pvt Ltd aggregate liability to the Licensee, or any other person or entity claiming through the Licensee, exceed the Z 1 monetary amount paid by the Licensee to Cinestox Technologies Pvt Ltd for the Software.
Indemnification
The licensee hereby agrees to indemnify and hold harmless the Licensor and its affiliates, and their officers, directors, employees, contractors, and agents (each an “Indemnified Party”) against all losses, costs, actions, proceedings, claims, damages, expenses, and/or liabilities suffered or incurred by an indemnified party as a result or in connection with
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breach of any terms and conditions mentioned herein or licensee’s use of the software in a manner not expressly permitted by this agreement; and/or
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violation of any third-party rights through licensee’s use of the Software,
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any violation by licensee of applicable laws, or
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licensee’s access, contribution to, use, or misuse of the product.
Updates & Changes
Licensor reserves the right, at its sole discretion, to modify or replace this EULA at any time. If a revision is material licensor will provide notice prior to any new terms taking effect. By continuing to access or use our Software after those revisions become effective, you agree to be bound by the revised terms.
Business Contact Information
If you have any questions about this EULA, please contact us at:
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Cinestox technologies Private Limited.
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273, Satra Plaza, Sector 19D,Palm beach Road,Vashi Navi Mumbai-400705
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+91 7718809101