Legal

Terms of Use

INDICUS SOFTWARE PVT LTD (“INDICUS”), HAS DEVELOPED A STANDARDIZED ARCHITECTURE AND RELATED SOFTWARE FOR DEVELOPING AND EXECUTING ENTERPRISE APPLICATIONS THAT INCLUDES ELEMENTS SOLD UNDER THE NAME “CONTINEO PLATFORM®.”

THIS SOFTWARE TOGETHER WITH THE PRINTED OR ONLINE DOCUMENTATION, TRAINING MATERIAL, SAMPLE APPLICATIONS AND ASSOCIATED READY-TO-USE SOLUTIONS AND LIBRARIES FURNISHED BY INDICUS, ARE REFERRED TO BELOW AS THE “LICENSED SOFTWARE”, AND ARE LICENSED UNDER THESE TERMS OF USE.

BY ACCESSING OR USING THE LICENSED SOFTWARE, “LICENSEE”, HEREIN AFTER ALSO REFERRED TO AS “YOU” ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND ACCEPT THESE TERMS.

1. LICENSE GRANTS AND RESTRICTIONS

1.1 Licensed Software

Licensed Software comprises of user manual, binary deployment files, configuration files, database scripts, and design documents, including all updates, releases, bug fixes, and enhancements provided by INDICUS from time to time.

Subject to the acceptance of terms and conditions contained herein, INDICUS hereby grants Licensee a non-transferable, non-exclusive, limited license to install and execute the Licensed Software on a single environment for internal business use.

1.2 No Other Rights Granted

The software is licensed, not sold. Apart from the license expressly granted herein, no license or other right is granted by INDICUS and/or its partner to Licensee under these Terms of Use.

1.3 Change of Licensed Software

INDICUS reserves the right to modify the Licensed Software at any time without degrading its functionality or security features.

2. LICENSEE’S RESPONSIBILITIES

Licensee shall use all commercially reasonable efforts to ensure compliance with these Terms of Use and shall not modify, decompile, disassemble, decrypt, extract, reverse engineer, sublicense, distribute, or otherwise misuse the Licensed Software.

3. Technical Support

Licensee may be entitled to technical support guided by the terms and service levels stated in the Purchase Order.

4. License Fees

Upon acceptance of these Terms of Use, Licensee agrees to pay INDICUS the applicable license fees as stated in the Purchase Order.

5. OWNERSHIP AND CONFIDENTIALITY

5.1 Ownership by INDICUS

INDICUS retains all right, title, and interest in and to the Licensed Software and all associated intellectual property rights.

5.2 Confidentiality

Licensee acknowledges that the Licensed Software contains valuable trade secrets of INDICUS and agrees to maintain confidentiality.

5.3 Third-Party Code and Open Source

Additional copyright notices and license terms applicable to portions of the Licensed Software may be set forth on the Contineo Platform website.

5.4 Feedback

If You provide feedback about the Licensed Software to INDICUS, You grant INDICUS the right to use and commercialize such feedback without restriction.

5.5 Security Audit

Licensee and end users are advised to conduct security audits at their own expense. INDICUS shall not be responsible for security breaches.

5.6 Data Collection and Processing

The Licensed Software may collect information for license management, service delivery, and product improvement purposes in compliance with applicable laws.

6. WARRANTIES

INDICUS LICENSES THE LICENSED SOFTWARE “AS IS,” AND MAKES NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND.

7. LIMITATIONS OF LIABILITY

NEITHER INDICUS NOR ITS PARTNERS SHALL BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM USE OF THE LICENSED SOFTWARE.

8. ASSURANCES BY LICENSEE

Licensee represents and warrants that appropriate precautions and procedures will be established to prevent harm arising from software malfunction or unexpected operation.

9. HIGH RISK APPLICATIONS

Unless expressly approved in writing by INDICUS, the Licensed Software shall not be used in applications where failure could lead to death, injury, or severe damage.

10. INDEMNIFICATION

Licensee shall indemnify and hold harmless INDICUS against all claims, damages, liabilities, and expenses arising from Licensee’s misuse or breach of these Terms.

11. TERM AND TERMINATION

Subscription terms shall be governed by the Purchase Order or applicable free trial terms. INDICUS may terminate the license upon breach of these Terms.

12. TRADEMARKS

Licensee must not remove or alter the “Powered by Contineo” branding unless expressly approved in writing by INDICUS.

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