Rev. date: December 17, 2019
THIS AGREEMENT EXPRESSES THE TERMS AND CONDITIONS ON WHICH YOU MAY USE THE HexaFair LITE EDITION, HexaFair BUSINESS EDITION and HexaFair ENTERPRISE EDITION AND ASSOCIATED DOCUMENTATION THAT HEXAFAIR (hereinafter referred to as “THE AUTHOR”) OF INDIA IS FURNISHING OR MAKING AVAILABLE TO YOU WITH THIS AGREEMENT (COLLECTIVELY, THE “SOFTWARE”). PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU AND YOUR COMPANY (COLLECTIVELY, “YOU”) ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE. VARIOUS COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS PROTECT THE SOFTWARE. THIS AGREEMENT IS A LICENSE AGREEMENT THAT GIVES YOU LIMITED RIGHTS TO USE THE SOFTWARE AND NOT AN AGREEMENT FOR SALE OR FOR TRANSFER OF TITLE. THE AUTHOR RETAINS ALL RIGHTS NOT EXPRESSLY GRANTED BY THIS AGREEMENT.
Your agreement with Author will also include the Additional Terms (as defined below) by reference. The Additional Terms shall include, but are not limited to, the terms and policies set out in paragraph 9 below. In order to use the Software, You must accept the Additional Terms.
The author forbids, under any circumstances, the unauthorized reproduction of the Software or use of illegally obtained software. Making illegal copies of the Software is prohibited. Individuals who violate copyright law and software licensing agreements may be subject to criminal or civil action by the owner of the copyright.
PLEASE NOTE: We reserve the right, at our sole discretion, to change, modify or otherwise alter these EULA (End User License Agreement) at any time. Unless otherwise indicated, amendments will become effective immediately. Please review EULA periodically. Your continued use of the our product & services following the posting of changes and/or modifications will constitute your acceptance of the revised EULA and the reasonableness of these standards for notice of changes unless you offer different terms that are accepted by HexaFair. For your information, this page was last updated as of the date at the top of these terms and conditions.
1. LITE EDITION TRIAL LICENSE
1.1 The LITE edition trial license (the “Trial license”) permits You to utilize the Lite edition of the Software at no cost, for a day trial period (“Trial period”). Under the terms of Trial License you may:
a) use the Software for evaluation or for production purposes;
1.2 Under the terms of Trial License you shall not:
a) copy and distribute the Software in any modified form or any part thereof;
b) remove, alter, disable or make hard to read any Trial Notice contained within the Software; Trial Notice must include the text set forth in Appendix A, attached hereto;
c) remove, alter, disable or make hard to read any “Powered by” notice contained within the Software;
1.3 Upon expiration of the Trial period the Lite edition’s features shall become disabled and removed from the server.
2. ENTERPRISE AND BUSINESS EDITION LICENSE
2.1 The Enterprise edition license and the Business edition license (each a “Full license”) permits You to utilize one instance of the corresponding edition of the Software for purposes of running a single Virtual Event. The Business or Enterprise edition license can be obtained in consideration for the license fee paid to Author. Under the terms of Full License you may:
a) use one instance (a single installation) of the Software on one web server and one website only, for purposes of running a single virtual event; in the event You intend to use the Software or any part thereof on more than one website or more than one event, the license for each such multiple use must be obtained (see Appendix B for the explanation);
b) NOT modify the Software and/or merge it into another program;
c) NOT transfer the Software and license to another party;
d) NOT transfer the Software to new location (URL) subject to terms set forth in this Agreement
2.2 Under the terms of Full License you shall not:
a) copy and install the Software for simultaneous use on multiple web servers or on multiple websites;
b) copy and distribute the Software or any portion thereof;
2.3 Additionally under the terms of Lite edition you shall not remove, alter, disable or make hard to read any “Powered by” notice contained within the Software;
2.4 Except as expressly set forth above in this Agreement, you have no right to use, make, sublicense, rent, modify, transfer or distribute either the original or any copies of the Software or to permit anyone else to do so.
2.5 In the case of transferring the Software to new location you must register the URL (Uniform Resource Locator), where the Software is going to be installed, in the license database by writing an email to firstname.lastname@example.org
3.1 Upgrade subscription. The Author will provide you with error corrections, bug fixes, patches or other updates (the “Upgrade Subscription”) to the Software licensed under the terms of the Enterprise Edition. The Upgrade Subscription shall be active during 1-year period (the “Upgrade Subscription Term”) following the Full License Key purchase. All such updates shall be provided in accordance with Author’s release schedule until termination of this Agreement.
3.2 Upgrade subscription renewal. Upon expiration of the Upgrade Subscription, the Author shall have no any obligation to provide you with any updates to the Software licensed hereunder. You may renew Upgrade Subscription for another 1-year period as set forth on Author’s web site. Each subsequent Upgrade Subscription Term will start on the day following expiration of the previous Upgrade Subscription Term regardless of the actual Upgrade Subscription renewal date.
3.3 Author shall have no any obligation to provide you with error corrections, bug fixes, patches or other updates to the Software licensed under the terms of Business & Lite Editions.
3.4 Other Modifications. You may, from time to time, request that the Author incorporate certain features, enhancements or modifications into the Software. The Author may, in its sole discretion, undertake to incorporate such changes and distribute the Software so modified to all or any of Author’s customers.
3.5 Title to Modifications. All such error corrections, bug fixes, patches, updates or other modifications shall be the sole property of the Author.
4. PROPERTY RIGHTS
4.1 Ownership. The Software and all modifications or enhancements to, or derivative works based on the Software, whether created by the Author or you, and all copyrights, patents, trade secrets, trademarks and other intellectual property rights protecting or pertaining to any aspect of the Software or any such modification, enhancement or derivative work are and shall remain the sole and exclusive property of the Author. This Agreement does not convey title or ownership to you but instead gives you only the limited rights set forth in this Agreement.
4.2 Proprietary Notices. You may not remove, disable, modify, or tamper with any copyright, trademark or other proprietary notices and legends contained within the code of the Software.
4.3 GNU and Other Third Party Licenses. The Software may include some software programs that are licensed (or sublicensed) to the user under the GNU General Public License (GPL) or other similar free software licenses which, among other rights, permit the user to copy, modify and redistribute certain programs, or portions thereof. If any Open Source Software licenses require that the Rightholder provide rights to use, copy or modify an Open Source Software program that are broader than the rights granted in this Agreement, then such rights shall take precedence over the rights and restrictions herein.
5.1 This Software is provided “as is” and these warranties do not guarantee that the functions contained in the Software will meet your requirements, or that the Software will perform error-free or uninterrupted, or that all errors in the Software and documentation will be corrected. These warranties are exclusive and take the place of all other express or implied warranties or conditions including warranties or conditions of merchantability, satisfactory quality, and fitness for a particular purpose. If ordered, technical support can be provided based on the current policies for the applicable services ordered.
5.2 Author makes no warranty under the terms of the Trial license.
6. LIMITATION OF LIABILITY
NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR DATA USE, AUTHOR’S MAXIMUM LIABILITY FOR ANY DAMAGES WHETHER IN CONTRACT OR TORT WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR 35% OF THE FEES WHICH YOU HAVE PAID TO US, AND IF SUCH DAMAGES RESULT FROM YOUR USE OF THE SOFTWARE OR TECHNICAL SUPPORT, THE LIABILITY SHALL BE LIMITED TO 35% OF THE FEES PAID OR 35% OF THE PAYABLE FOR THE SOFTWARE OR TECHNICAL SUPPORT.
NO LIABILITY FOR DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HexaFair OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS HexaFair. PRODUCT, EVEN IF HexaFair HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. ANTI-PIRACY AND LICENSE BREACH
7.1 Author reserves the right to include mechanisms for the detection of the Software piracy and/or License breach. The Software may use your internal network and internet connection for the purpose of transmitting license-related data in order to protect the Author against unlicensed or illegal use of the Software and to improve customer support.
7.2 Anyone violating the terms of this Agreement, may be contacted and requested to correct the breach or uninstall the Software immediately.
8.1 The license is effective until terminated. The license is terminated automatically at the end of service contract date ended as mentioned in the service contract signed by the author & the user.
8.2 The license and your right to use the Software shall terminate automatically if you violate any part of this Agreement.
8.3 The Author may terminate the license with or without cause at any time immediately and without notice if you materially breach any term of this Agreement or infringe any of Author’s rights in the Software.
8.4 Immediately upon termination of the license, you must stop using the Software and destroy all copies of the Software within your possession or control.
9. ADDITIONAL TERMS
9.1 In addition to this Agreement, You have to comply with the following Additional Terms when using the Software. We expect You to read these Additional Terms carefully, all of which are made part of this Agreement:
- Terms of Service Agreement: https://www.hexafair.com/terms-of-service
- Data Processing Agreement: https://www.hexafair.com/data-processing-agreement
- Terms & Conditions of Website Usage policy: https://www.hexafair.com/terms-and-conditions
9.2 If You are interested in doing anything which is not permitted under this Agreement or by one of the above Additional Terms, You will have to obtain Author’s prior written consent and explicitly agree upon any further terms.
9.3 The user allows HexaFair to use their company name & logo as clients for HexaFair Marketing activities & provide testimonials about the product & services offered at the end of the event
10. Clients Responsibilities with Regard to Copyright
In situations where You (the user) provide images, text, documents, videos, animations or any other content used at the Virtual Event Software and Event website and you are legally responsible for ensuring that this material does not infringe any copyright. The foregoing grant shall include the right to exploit any proprietary rights in such contents, posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Certain images & contents provided by HexaFair in the construction of the virtual application may have been purchased under license from stock image suppliers. These images are generally only licensed for use on a single event and may not be used in publicity material.
This Disclaimer and Limitation of Liability are governed by the laws of the State of TamilNadu, India.
Should you have any questions concerning this EULA, or if you desire to contact HexaFair for any reason, please contact in writing:
No 14/21 – A, Desigar Street,
Vadapalani , Chennai,
TamilNadu, India – 600026.
Phone: +91 75500 97831