Software License Agreement
PHYNART TECHNOLOGIES PRIVATE LIMITED.
SOFTWARE LICENSE AGREEMENT FOR Phynart.
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE PHYNART APPLICATION SOFTWARE. BY USING THE PHYNART APPLICATION SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL AND/OR USE THE PHYNART APPLICATION SOFTWARE AND, IF PRESENTED WITH THE OPTION TO “AGREE” OR “DISAGREE” TO THE TERMS, CLICK “DISAGREE”.
This software Licence Agreement grants the user the use of:
- Phynart Application Software (User Interaction)
- PHY OS (Source Code integration)
- PHYCLOUD (Remote connectivity)
The user hereby accepts to the Terms and Conditions set out under this software license agreement.
The terms and expressions (whether capitalized or not) which have been used/ defined in this section and throughout this Agreement shall have the meaning ascribed to them as below.
- Agreement” or “agreement” shall refer to this agreement to use providing and detailing the terms and conditions of use of Phynart products and services,
- “Phynart” shall refer to and include Phynart Private Limited Company, its, affiliates, its owners, chairpersons, directors, employees, officers, partners, subsidiaries, shareholders, contractors, sub-contractors, dealers, distributors, retailers, agents, and assigns,
- “You” or “your” or “customer” or “user” or “end-user” shall refer to individual(s), entity(ies) or group(s) who directly or indirectly purchase, acquire, use and access any Phynart products and/ or services,
- “Limited Warranty Statement” shall refer to Phynart’s limited warranty terms and conditions, as provided and updated at the document section of specific product.
- “Product” or “product” shall refer to any and all Phynart product(s) mentioned in our portfolio online or offline.
- “Services” or “services” shall refer to any free or paid subscription-based services offered by us online or offline, functionalities through mobile or web-based application and associated Phynart or third party hardware products and customer service.
- “Third Party Service” means applications and/ or services (currently available or as may be available in the future) provided by any third party, including without limitation, services, that may be used or availed by you through or during usage of Phynart Application Software.
- Phynart Application Software shall refer to the software (including Source code),and any data accompanying this License (“ Phynart Application Software”), as may be updated or replaced by feature enhancements, software updates, security responses, system files, or system restore software provided by Phynart (“Phynart Software Changes”).
- PhyOS shall refer to the IOT OS Phynart has built which ensures all IOT operations for all the IOT devices.
- PhyCloud shall refer to software component that supports all user, location, device related registration operations.
- Phynart and/ or Phynart’s licensors retain ownership of the Phynart Application Software itself and reserve all rights not expressly granted to you. You agree that the terms of this License will apply to any Phone (IOS & ANDROID) installing the Phynart Application Software.
- Phynart, at its discretion, may make available future Phynart Software Changes. Phynart Software Changes, if any, may not necessarily include all existing software features or new features that Phynart releases for newer or other models of Phynart-branded products. The terms of this License will govern any Phynart Software Changes provided by Phynart.
- Permitted License Uses and Restrictions.
- App Store License:
If you obtained a license for the Phynart Application Software from the IOS App Store then you are granted a limited, non-transferable, non-exclusive license to download, install, use and run for personal, commercial use, one (1) copy of the Phynart Application Software directly on each Phynart-branded IOS running phone(s) (“IOS Phone”) that you own or control.
- Google Play Store License:
If you obtained a license for the Phynart Application Software from the Android Play Store then you are granted a limited, non-transferable, non-exclusive license to download, install, use and run for personal, commercial use, one (1) copy of the Phynart Application Software directly on each Android based phone that you own or control.
Phynart ID. Please note that the Phynart Software is supported on both Phynart- branded hardware phones and Android branded hardware phones that meets specified system requirements as indicated by Phynart. In addition, use of and access to all features of the Phynart Application Software and certain Services (as defined in Section 6) may require you to apply for a unique user name and password combination, known as an Phynart ID.
- Other Use Restrictions:
The grants set forth in this License do not permit you to, and you agree not to, install, use or run the Phynart Application Software on any smartphone (except IOS & Android enabled smartphones), or to enable others to do so. You agree not to remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Phynart Application Software.
- Reverse Engineering:
You may not, and you agree not to or enable others to, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Phynart Application Software or any services provided by the Phynart Application Software or any part thereof.
- Compliance with Laws:
You agree to use the Phynart Application Software and the Services in compliance with all applicable laws, including local laws of India. An Internet connection is required for all features of the Phynart Application Software and Services.
- Phynart Application Software Updates:
The Phynart Application Software will periodically check with Phynart for Phynart Application Software Updates. If a change is available, the change may automatically download and install onto your smartphone (IOS & Android enabled) and, Phynart hardware. By using the Phynart Application Software, you agree that Phynart may download and install automatic Phynart Application Software Updates onto your smartphone (IOS & Android enabled) and your Phynart Hardware.
- App Store License:
- Consent to Use of Data:
When you create a Phynart ID with your personal details, these details are stored securely in the Phynart Cloud. Your personal details cannot be accessed by any other person except you. Phynart will only be able to access details such as Name, Address, Customer Relationship ID, Mobile Number. Phynart or any of its representatives will not be able to access any of your payment details and you hereby agree to the same. The data mentioned above that Phynart will be able to access shall be used for Internal records which you hereby consent to.
- Services and Third Party Materials.
- General. The Phynart Software Ecosystem may enable access to Phynart’s Phy OS, Phy Cloud and other Phynart and third party services and web sites (collectively and individually, “Services”). Use of these Services requires Internet access and use of certain Services may require a Phynart ID, may require you to accept additional terms and may be subject to additional fees. By using this software in connection with a Phynart ID, or other Phynart Services, you agree to the applicable terms of service for that Service.
- Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Phynart is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Phynart, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.
- To the extent that you upload any content through the use of the Services, you represent that you own all rights in, or have authorization or are otherwise legally permitted to upload, such content and that such content does not violate any terms of service applicable to the Services. You agree that the Services contain proprietary content, information and material that is owned by Phynart, the site owner or their licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or Phynart. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Phynart is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.
- In addition, such Services and Third Party Materials may not be available in all languages or in all countries or regions. Phynart makes no representation that such Services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws and privacy and data collection laws. Phynart and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Phynart be liable for the removal of or disabling of access to any such Services. Phynart may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
- Termination. This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from Phynart if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Phynart Software and destroy all copies, full or partial, of the Phynart Software. Sections 5, 6, 7, 8, 9, 10, 12, 13 and 14 of this License shall survive any such termination.
- Disclaimer of Warranties.
- If you are a customer who is a consumer (someone who uses the Phynart Software outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization.
- YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE PHYNART SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE PHYNART SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PHYNART SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PHYNART AND PHYNART’S LICENSORS (COLLECTIVELY REFERRED TO AS “PHYNART” FOR THE PURPOSES OF SECTIONS 8 AND 9) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PHYNART SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
- PHYNART DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PHYNART SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE PHYNART SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PHYNART SOFTWARE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE PHYNART SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT THE PHYNART SOFTWARE OR SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THIS PHYNART SOFTWARE MAY AFFECT THE AVAILABILITY AND USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, AS WELL AS PHYNART PRODUCTS AND SERVICES.
- YOU FURTHER ACKNOWLEDGE THAT THE PHYNART SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY THE PHYNART SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.
- NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PHYNART OR AN PHYNART AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE PHYNART SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL PHYNART, ITS AFFILIATES, AGENTS OR PRINCIPALS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA OR INFORMATION (INCLUDING WITHOUT LIMITATION COURSE INSTRUCTIONS, ASSIGNMENTS AND MATERIALS), BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PHYNART SOFTWARE OR SERVICES OR ANY THIRD PARTY SOFTWARE, APPLICATIONS OR SERVICES IN CONJUNCTION WITH THE PHYNART SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF PHYNART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Phynart’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of Ten Thousand Rupees (INR 10,000.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
- Digital Certificates. The Phynart Software contains functionality that allows it to accept digital certificates either issued from Phynart or from third parties. YOU ARE SOLELY RESPONSIBLE FOR DECIDING WHETHER OR NOT TO RELY ON A CERTIFICATE WHETHER ISSUED BY PHYNART OR A THIRD PARTY. YOUR USE OF DIGITAL CERTIFICATES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PHYNART MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ACCURACY, SECURITY, OR NON- INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO DIGITAL CERTIFICATES. You agree that (a) you will not falsify or misuse any certificate; (b) you will use digital certificates for legal purposes only and in accordance with any applicable Certificate Policy, Certificate Practice Statement or other Certificate Authority business practice disclosures; (c) you are solely responsible for preventing any unauthorized user from making use of your digital certificates; (d) you are solely responsible for preventing any unauthorized user from making use of the private key associated with your digital certificate; and (e) you will revoke any of your certificates that you have reason to believe have been compromised.
- Export Control. You may not use or otherwise export or reexport the Phynart Software except as authorized by Indian Government law and the laws of the jurisdiction(s) in which the Phynart Software was obtained. In particular, but without limitation, the Phynart Software may not be exported or re-exported (a) into any Indian embargoed. By using the Phynart Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Phynart Software for any purposes prohibited by Indian Government law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
- Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, this License will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
- Complete Agreement; Governing Language. This License constitutes the entire agreement between you and Phynart relating to the Phynart Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Phynart. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.