| End User Licensing
Agreement/ Terms of Use FOR TALAPEX
HR
SOFTWARE SYSTEM USAGE
This
is a binding, legal agreement between you the end user (the
"Licensee") and Creative Spark Solutions ("CREATIVE
SPARK") for the Talapex HR software product (also
referred as the “software”, “system”) ; which includes the
software program available online on our website, updates,
support provided and online or electronic documentation. By
using online, using documentation, downloading, accessing or
otherwise using the TALAPEX HR software or its related
support services you agree to be bound by the terms of this
Agreement. If you do not agree to the terms of this agreement you
may not purchase, evaluate, install or use the Talapex HR software,
and you should promptly contact CREATIVE SPARK for further
instructions or clarifications.
Software Terms of Use
1.
Scope of license: The license granted hereunder applies to one of
the following versions of the Talapex HR software as provided by
CREATIVE SPARK SOLUTIONS to the Licensee: 1.1. Talapex HR Software
available online through our servers for the following
use:
1.1.1. Talapex HR
Software for Commercial Users: License applies to usage of
Talapex software system through site such as www.talapex.com or any other
site as the company may designate for access to licensed
users to the system ; beyond usage of evaluation version as
defined by the company. The License applies to the business
usage for purpose of employee evaluation and testing
through user defined and created tests. 1.1.2. You agree NOT to: Use the system to derive
commercial benefit of some other sort or to use the system for
a purpose different than its meant to without seeking
permission from Creative Spark. You realize that not doing
this a voilation of the EULA and may lead to cancellation
of licenses. 1.1.3.
You agree that: Usage of the system for evaluation as
provided by Creative Spark should be for bonafide evaluation only.
Using evaluation as a means to circumvent licensing and /or
purchase of system by adopting any electronic or manual means to
your computer or through the internet constitues a violation of this
agreement and may be punishable under law. 1.1.4. Each license is meant for a single
user. This system may not prevent or track this. However you,
as an user shall ensure that each license shall be used by
a single user only and affirm that sharing of
licenses between licenses may lead to cancellation of all your
licenses by Creative Spark. 1.1.5.
Apart from this Creative Spark reserves the right to deny
services or cancel licenses under very extreme circumstances when it
is felt that the system is being used in a way delibrately :
a) Indulge in illegal activity of any
sort b) Cause denial of
service or harm to computers, networks, world wide web or any
form of business communication c)
Anything which constitues a gross misuse of the copyright and
or ownership of the Intellectual property of the system.
d) Other such activity.
2. Grant of
License:
2.1.
Software Product: CREATIVE SPARK grants the Licensee a
non-exclusive, non-transferable license to use the Talapex HR
software on any computer/computers owned by the Licensee, either for
evaluation purposes only ("Evaluation Process License") or a
general license ("Software as a Service
License"), jointly called CREATIVE SPARK License, which are subject
to the following terms and conditions:
2.2. Evaluation
Process License:
CREATIVE SPARK may grant Licensee an Evaluation Process License
under which Licensee may receive authority to use upto 2 licenses
with limited functionality for a certain period. This period
is currently valid for no more than 30 days from date of activating
license. If Licensee uses the Talapex HR software after the 30
day evaluation period, then Licensee must register at
CREATIVE SPARK WEBSITE and pay a license fee for each user to
receive a Software Product License. The Trial Subscription may
not be shared or transferred and may only be used by
Licensee. The Evaluation Process License expires after 30 days of
use by Licensee. This period may be changed without prior
notice.
2.2.1.
Installation/ Download : Licensee does not need to install anything
on his computers / servers / IT infrastructure to use the license as
it is an online served software (from our servers). In this respect
the Licensee should not try and copy or download files from server
unless explicitly mentioned as part of the usage of software or as
end user document. The Licensee shall also not attempt to upload any
malicious file or virus containing file or files expressedly
uploaded for the purpose of blocking bandwidth; wherever uploading
facility (if any ) has been provided. 2.2.2. Restriction on use: The
Evaluation Process License contains functionality limited by
few screens or functions (as it is meant for evaluation
only) and use is restricted to a 30 day period from date
of activation. This license may not be shared, transferred to
or used post the expiry of the evaluation period even if the
license fails to stop functioning by itself. Further evaluation
(if any) shall only be allowed through authorization of CREATIVE
SPARK.
2.3.
Software Product License. The Software Product License can be
purchased upon expiration of the Evaluation Purpose License
or purchased directly without evaluation period. This is a
general license granted to all Licensees that have
expressly purchased the versions listed above under Clause 1.
Terms
related to license type, length of license and the number of
computers the license covers is listed on invoice/ emails sent to
the licensee’s administrator once license is purchased. The Licensee
as an institution , firm , trust or entity of any sort cannot
share this information with a seperate entity i.e person or
persons belonging to a separate institution, firm, trust or
entity. 2.3.1. Installation. 2.3.1.1. Licensee may use and
install the Talapex HR Software product for Windows product,
for the number of licenses purchased from CREATIVE
SPARK, only. Any Licensee purchasing such licensee from
an alleged reseller not mentioned at
www.creativesparksolutions.com or any other bonafide or verified
electronic communication by Creative Spark shall do so at his
own risk and cost. 3. Description of other Rights and
Limitations 3.1.
Not for resale: The Talapex HR software is limited for personal or
professional use only, and is not for resale, or otherwise allowed
to transfer the software product for value. 3.2. Limitation on Reverse
Engineering, Decompilation and Disassembly: The Licensee
may not reverse engineer, decompile, disassemble, analyze or
view source of the software product, except and only to the
extent such activity is expressly permitted by applicable law
AND does not violate copyright of CREATIVE SPARK.
3.3. Distribution of
License: Licensee may not rent, lease or lend the software
license of either type or any associated support or
documentation. YOU MAY NOT: Distribute, rent, sub-license or otherwise
make available to others the software or documentation or
copies thereof, except as expressly permitted in this License
without prior written consent from CREATIVE SPARK. In the
case of an authorized transfer, the transferee must agree to
be bound by the terms and conditions of this License
Agreement.
3.4.
Services and Technical support : CREATIVE SPARK may provide Licensee
with support services related to the software product as deemed
necessary.
3.5.
Termination: Without prejudice to any other rights, CREATIVE SPARK
may terminate this Agreement if Licensee fails to comply with the
terms and conditions of the Agreement. 3.6. Updates: Licensee
shall receive updates as and when they arrive. There is no
implied comitment unless provided as contract to the
Licensee regarding such updates. Updates may include substantial increments
in the functionality of the software and addition of
modules / functions which increase scope of use of the software.
In such cases CREATIVE SPARK reserves the right to increase
the price of the user license. In such a case user may
either not opt for the additional functionality / modules/
screens / services in which case he/she shall not be liable the pay
and price increase related to them; or as in most cases if this
occurs during the tenure of his/her existing license, he / she shall
only be liable for these price changes once the license comes for
renewal or during purchase of new licenses. 4. Copyright: All title and
intellectual property rights in and to the Talapex HR
software, the accompanying printed materials and any copies
obtained from the Internet are owned by CREATIVE SPARK. All
title and intellectual property right in and to the content, which
may be accessed through use of the Talapex HR software, is the
property of the respective content owner and may be protected by
applicable copyright or other intellectual property laws. This
Agreement grants no right to use such content. All rights not
expressly granted are reserved by CREATIVE SPARK. This includes but
is not limited to the License agreeing not to attempt to mimic
the Talapex HR software by developing a software
substantially based on Talapex HR software’s working.
5. Limited Warranty:
CREATIVE SPARK warrants that the Talapex HR software will
perform substantially in accordance with any specifications
provided for the period of time established by applicable
law from the date of purchase. The Licensee understands and
agrees that the software product is provided "as is", with all
faults that may accompany software products This software and
documentation are sold "as is" without any warranty as to
their performance, merchantability or fitness for any
particular purpose.. The licensee assumes the entire risk as
to the quality and performance of the software. CREATIVE
SPARK warrants that any media provided are free of any
physical defects.
6.
Online Availability of Software: 7. Warranty Exclusions: CREATIVE
SPARK makes no other express or implied warranties, regarding
the performance of the software included in the Talapex HR
software, but will use its best efforts to promptly correct
any errors in the said software that are reported by
Licensee. CREATIVE SPARK may attempt to correct errors through
the means it determines to be most appropriate. Errors caused
by hardware malfunctions or failure, security breaches and/or
virus infections, or by loss of data or disruption of services over
the Internet due to third party, are expressly excluded. In no event
shall [COMPANY NAME] or anyone else who has been involved in the
creation, development, production, or delivery of this software be
liable for any direct, incidental or consequential damages, such as,
but not limited to, loss of anticipated profits, benefits, use, or
data resulting from the use of this software, or arising out of any
breach of warranty. 8. Limitation of Liability: CREATIVE SPARK shall
not be liable for any indirect, consequential, incidental,
or punitive damages or attorney fees for any cause of
action, in tort or contract, regardless of whether CREATIVE SPARK
was aware of the possibility of such damages. Licensee's
maximum remedy shall be the amounts Licensee paid CREATIVE
SPARK.
9.
Taxes Due: Should any taxes be found withheld from the Licensee’s
side where burden of paying such taxes on purchase of the system
rests with the licensee and if such taxes were not applied at time
of sale inadvertently and cam to be known later on, the Licensee
agrees to credit such taxes to Creative Spark Solutions.
10. Disputes: Any
disputes arising out of the inception, application or
interpretation of this agreement shall be settled in accordance with
the laws of republic of India and the exclusive jurisdiction of
the applicable court in republic of India.
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