End-User License Agreement
Definitions and key terms
To help explain things as clearly as possible in thisEula, every time any of these terms are referenced, are strictly defined as:
• Cookie: small amount of data generated by awebsite and saved by your web browser. It is used to identify your browser,provide analytics, and remember information about you such as your languagepreference or login information.
• Company: when this policy mentions"Company," "we," "us," or "our," itrefers to Makedon private limited, India Thirumittacode2 that is responsiblefor your information under this Eula.
• Country: where listingindia or theowners/founders of listingindia are based in this case is • Device: anyinternet connected device such as a phone, tablet, computer or any other devicethat can be used to visit listingindia and use the services.
• Service: refers to the service provided bylistingindia as described in the relative terms (if available) and on thisplatform.
• Third-party service: refers to advertisers,contest sponsors, promotional and marketing partners, and others who provideour content or whose products or services we think may interest you. • Website:listingindia's site, which can be accessed via this URL:
· .You: a person or entity that is registered with listingindia to use theServices.
Introduction
This End User License Agreement (the"Agreement") is a binding agreement between you ("End User","you" or "your”) and Makedon private limited ("Company”,“we”, “us” or “our”). This Agreement governs the relationship between you andus, and your use of the Company listingindia. Throughout this Agreement, EndUser and Company may each be referred to as a "Party" orcollectively, the "Parties".
If you are using the website on behalf of your employeror other entity (an "Organization") for whose benefit you utilize thewebsite or who owns or otherwise controls the means through which you utilizeor access the website, then the terms "End User", "you",and “your” shall apply collectively to you as an individual and to theOrganization. If you use, or purchase a license or to the website on behalf ofan Organization, you hereby acknowledge, warrant, and covenant that you havethe authority to 1) purchase a license to the website on behalf of the Organization;2) bind the Organization to the terms of this Agreement.
By downloading, installing, accessing, or using thewebsite you: (a) affirm that you have all of the necessary permissions andauthorizations to access and use the website; (b) if you are using the websitepursuant to a license purchased by an organization, that you are authorized bythat organization to access and use the website(c) acknowledge that you haveread and that you understand this agreement; (d) represent that you are ofsound mind and of legal age (18 years of age or older) to enter into a bindingagreement; and (e) accept and agree to be legally bound by the terms andconditions of this agreement.
If you do not agree to these terms, do not download,install, access, or use the software. If you have already downloaded thesoftware, delete it from your computing device
The Application is licensed, not sold, to you bylistingindia for use strictly in accordance with the terms of this Agreement.
License
Subject to the terms of this Agreement and, ifapplicable, those terms provided in the License Agreement, listingindia grantsyou a limited, non-exclusive, perpetual, revocable, and non-transferablelicense to:
(a) Download, install and use the Software on one (1)Computing Device per single user license that you have purchased and beengranted. If you have multiple Computer Devices in which you wish to use theSoftware, you agree to acquire a license for the number of devices you intendto use;
(b) Access, view, and use on such Computing Device theEnd User Provided Materials made available in or otherwise accessible throughthe Software, strictly in accordance with this Agreement, and any other termsand conditions applicable to such End User Provided Materials;
(c) Install and use the trial version of the Softwareon any number of Computing Devices for a trial period of fifteen (15) uniquedays after installation
(d) Receive updates and new features that becomeavailable during the one (1) year period from the date on which you purchasedthe license to the Software.
Restrictions
You agree not to, and you will not permit others to:
• License, sell, rent, lease, assign,distribute, transmit, host, outsource, disclose or otherwise commerciallyexploit the Application or make the Application available to any third party.
• Modify, make derivative works ofdisassemble, decrypt, reverse compile or reverse engineer any part of theApplication.
• Remove, alter or obscure any proprietarynotice (including any notice of copyright or trademark) of listingindia or itsaffiliates, partners, suppliers or the licensors of the Application.
Intellectual Property
All intellectual property rights, including copyrights,patents, patent disclosures and inventions (whether patentable or not),trademarks service marks, trade secrets, know-how and other confidentialinformation, trade dress, trade names, logos, corporate names and domain names,together with all of the good will associated there with, derivative works andall other rights (collectively, "Intellectual Property Rights that arepart of the Software that are otherwise owned by listingindia shall alwaysremain the exclusive property of listingindia (or of its suppliers orlicensors, if and when applicable). Nothing in this Agreement grants you (orany Organization) a license to listingindia's Intellectual Property Rights.
You agree that this is Agreement conveys a limitedlicense to use listingindia's Intellectual Property Rights, solely as part of theSoftware (and not independently of it), and only for the effective Term of thelicense granted to you hereunder. Accordingly, your use of any oflistingindia's Intellectual Property Rights independently of the Software oroutside the scope of this Agreement shall be considered an infringement oflistingindia's Intellectual Property Rights. This shall not limit, however, anyclaim listingindia may have for a breach of contract in the event you breach aterm or condition of this Agreement. You shall use the highest standard of careto safeguard all Software (including all copies thereof) from infringement,misappropriation, theft, misuse or unauthorised access. Except as expresslygranted in this Agreement, listingindia reserves and shall retain all rights,title, and interest in the Software, including all copyrights and copyrightablesubject matter, trademarks and trademark able subject matter, patents andpatentable subject matter, trade secrets, and other intellectual propertyrights, registered, unregistered, granted, applied-for, or both now inexistence or that may be created, relating to the thereto.
You (or the Organization, if and as applicable) shallretain ownership of all Intellectual Property Rights in and to the workproducts that you create through or with the assistance of the Software.
Your Suggestions
Any feedback, comments, ideas, improvements orsuggestions (collectively, "Suggestions") provided by you tolistingindia with respect to the Application shall remain the sole and exclusiveproperty of listingindia.
Listingindia shall be free to use, copy, modify,publish, or redistribute the Suggestions for any purpose and in any way withoutany credit or any compensation to you.
Modifications to Application
Listingindia reserves the right to modify, suspend ordiscontinue, temporarily or permanently, the Application or any service towhich it connects, with or without notice and without liability to you.
Updates to Application
Listingindia may from time to time provide enhancementsor improvements to the features/functionality of the Application, which mayinclude patches, bug fixes, updates, upgrades and other modifications("Updates").
Updates may modify or delete certain features and/orfunctionalities of the Application. You agree that listingindia has noobligation to (1) provide any Updates, or (ii) continue to provide or enableany particular features and/or functionalities of the Application to you.
You further agree that all Updates will be (1) deemedto constitute an integral part of the Application, and (ii) subject to theterms and conditions of this Agreement.
Third-Party Services
The Application may display, include or make availablethird-party content (including data, information, applications and other productsservices) or provide links to third-party websites or services("Third-Party Services").
You acknowledge and agree that listingindia shall notbe responsible for any Third-Party Services, including their accuracy,completeness, timeliness, validity, copyright compliance, legality, decency,quality or any other aspect thereof. Listingindia does not assume and shall nothave any liability or responsibility to you or any other person or entity forany Third-Party Services. Third-Party Services and links thereto are providedsolely as a convenience to you and you access and use them entirely at your ownrisk and subject to such third parties' terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminatedby you or listingindia.
Listingindia may, in its sole discretion, at any timeand for any or no reason, suspend or terminate this Agreement with or withoutprior notice.
This Agreement will terminate immediately, withoutprior notice from listingindia, in the event that you fail to comply with anyprovision of this Agreement. You may also terminate this Agreement by deletingthe Application and all copies thereof from your computer.
Upon termination of this Agreement, you shall cease alluse of the Application and delete all copies of the Application from yourcomputer.
Termination of this Agreement will not limit any oflistingindia's rights or remedies at law or in equity in case of breach by you(during the term of this Agreement) of any of your obligations under thepresent Agreement.
Indemnification
You agree to indemnify, defend and hold harmlesslistingindia and its officers, directors, employees, agents, affiliates,successors, and assigns from and against any and all losses, damages,liabilities, deficiencies, claims, actions, judgments, settlements, interest,awards, penalties, fines, costs, or expenses of whatever kind, includingreasonable attorneys' fees, arising from or relating to: i) your use or misuseof the Software; ii) your failure to comply with any applicable law,regulation, or government directive, ill your breach of this Agreement, or iv)your agreement or relationship with an Organisation (if applicable) or anythird party. Furthermore, you agree that listingindia assumes no responsibilityfor the information or content you submit or make available through thisSoftware or the content that is made available to you by third parties.
No Warranties
The Application is provided to you "AS IS"and "AS AVAILABLE" and with all faults and defects without warrantyof any kind. To the maximum extent permitted under applicable law, listingindia,on its own behalf and on behalf of its affiliates and its and their respectivelicensors and service providers, expressly disclaims all warranties, whetherexpress, implied, statutory or otherwise, with respect to the Application,including all implied warranties of merchantability, fitness for a particularpurpose, title and no infringement, and warranties that may arise out of courseof dealing, course of performance, usage or trade practice. Without limitationto the foregoing, listingindia provides no warranty or undertaking, and makesno representation of any kind that the Application will meet your requirements,achieve any intended results, be compatible or work with any other software,applications, systems or services, operate without interruption, meet anyperformance or reliability standards or be error free or that any errors ordefects can or will be corrected.
Without limiting the foregoing, neither listingindianor any listingindia's provider makes any representation or warranty of any kind,express or implied: (i) as to the operation or availability of the Application,or the information, content, and materials or products included thereon; (b)that the Application will be uninterrupted or error-free; (iii) as to theaccuracy, reliability, or currency of any information or content providedthrough the Application, or (iv) that the Application, its servers, thecontent, or e-mails sent from or on behalf of listingindia are free of viruses,scripts, trojan horses, worms, malware, time bombs or other harmful components.
Some jurisdictions do not allow the exclusion of orlimitations on implied warranties or the limitations on the applicablestatutory rights of a consumer, so some or all of the above exclusions andlimitations may not apply to you.
Limitation of Liability
Notwithstanding any damages that you might incur, theentire liability of listingindia and any of its suppliers under any provisionof this Agreement and your exclusive remedy for all of the foregoing shall belimited to the amount actually paid by you for the Application.
To the maximum extent permitted by applicable law, inno event shall listingindia or its suppliers be liable for any special,incidental, indirect, or consequential damages whatsoever (including, but not limitedto, damages for loss of profits, for loss of data or other information, forbusiness interruption, for personal injury, for loss of privacy arising out ofor in any way related to the use of or inability to use the Application,third-party software and/or third-party with any provision of this Agreement),even if listingindia or any supplier has been advised of the possibility ofsuch damages and even if the remedy fails of its essential purpose
Some states/jurisdictions do not allow the exclusion orlimitation of incidental or consequential damages, so the above limitation orexclusion may not apply to you.
Severability
If any provision of this Agreement is held to beunenforceable or invalid, such provision will be changed and interpreted to accomplishthe objectives of such provision to the greatest extent possible underapplicable law and the remaining provisions will continue in full force andeffect
Waiver
No failure to exercise, and no delay in exercising, onthe part of either party, any right or any power under this Agreement shalloperate as a waiver of that right or power. Nor shall any single or partialexercise of any right or power under this Agreement preclude further exerciseof that or any other right granted herein. In the event of a conflict betweenthis Agreement and any applicable purchase or other terms, the terms of thisAgreement shall govern.
Amendments to this Agreement
listingindia reserves the right, at its solediscretion, to modify or replace this Agreement at any time. If a revision ismaterial we will provide at least 30 days' notice prior to any new terms takingeffect. What constitutes a material change will be determined at our solediscretion.
By continuing to access or use our Application afterany revisions become effective, you agree to be bound by the revised terms. Ifyou do not agree to the new terms, you are no longer authorized to use theApplication.
Governing Law
The laws of India, excluding its conflicts of lawrules, shall govern this Agreement and your use of the Application. Your use ofthe Application may also be subject to other local, state, national, orinternational laws.
Changes to this agreement
We reserve the exclusive right to make changes to thisAgreement from time to time. Your continued access to and use of the websiteconstitutes your agreement to be bound by, and your acceptance of the terms andconditions posted at such time. You acknowledge and agree that you accept thisAgreement (and any amendments thereto) each time you load, access, or use thewebsite. Therefore, we encourage you to review this Agreement regularly.
If, within thirty (30) days of us posting changes oramendments to this Agreement, you decide that you do not agree to the updatedterms, you may withdraw your acceptance to the amended terms by providing uswith written notice of your withdrawal. Upon providing us with the writtennotice of the withdrawal of your acceptance, you are no longer authorized toaccess or use the website.
No Employment or Agency Relationship
No provision of this Agreement, or any part ofrelationship between you and listingindia, is intended to create nor shall theybe deemed or construed to create any relationship between you and listingindiaother than that of and end user of the website and services provided.
Equitable Relief
You acknowledge and agree that your breach of thisAgreement would cause listingindia irreparable harm for which money damagesalone would be inadequate. In addition to damages and any other remedies towhich listingindia may be entitled, you acknowledge and agree that we may seekinjunctive relief to prevent the actual, threatened or continued breach of thisAgreement.
Headings
The headings in this Agreement are for reference onlyand shall not limit the scope of, or otherwise affect, the interpretation ofthis Agreement
Geographic Restrictions
The Company is based in India and provided for accessand use primarily by persons located in India, and is maintains compliance withIndia laws and regulations. If you use the website from outside India, you aresolely and exclusively responsible for compliance with local laws.
Limitation of Time to FileClaims
Any cause of action or claim you may have arising outof or relating to this agreement or the website must be commenced within one(1) year after the cause of action accrues, otherwise, such cause of action orclaim is permanently barred.
Entire Agreement
The Agreement constitutes the entire agreement between youand listingindia regarding your use of the Application and supersedes all priorand contemporaneous written or oral agreements between you and listingindia.
You may be subject to additional terms and conditionsthat apply when you use or purchase other listingindia's services, whichlistingindia will provide to you at the time of such use or purchase.
Contact Us
Don't hesitate to contact us if you have any questionsabout this Agreement.
• Via Email: info@listingindia.in
• Via Phone Number: +919605788271
• Via this Link: https://listingindia.in