End User License Agreement (EULA)

This End User License Agreement (the "Agreement") is a being entered into by Isometry AI Private Limited and between [Company Name], a company duly incorporated in India under the provisions of Companies Act, 2013, and having its registered office at FT06, Soudhamini, Udaypura, Kanakpura Road, Bangalore, 560082 (hereinafter referred to as "Licensor"), and you (hereinafter referred to as "Licensee" or "You") a user of the software application, ‘Apperture’. This Agreement governs your use of the software application, ‘Apperture’ provided by the Licensor (the "Software").

BY SUBSCRIBING, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT SUBSCRIBE, INSTALL, COPY, OR USE THE SOFTWARE.

Grant of License: Subject to the terms and conditions of this Agreement, the Licensor grants the Licensee a limited, non-exclusive, non-transferable, and revocable license to use the Software for personal or internal business purposes, in accordance with the terms of this Agreement.
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Scope of Use:The license granted herein permits Licensee to use the Software on any device of your choice solely for their own use and shall not permit Licensee to sublicense, distribute, or use the Software for any commercial purposes.
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License Restrictions:
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3.1 The Licensee shall not modify, adapt, translate, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software, except to the extent expressly permitted by applicable law.
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3.2 The Licensee shall not sublicense, sell, rent, lease, lend, distribute, or otherwise transfer or assign any rights in the Software to any third party.

3.3 The Licensee shall not remove, alter, or obscure any copyright, trademark, or proprietary rights notices contained in or on the Software.

3.4 The Licensee shall not use the Software for any illegal, unauthorized, or prohibited purpose.

Intellectual Property:

4.1 The Software and all related intellectual property rights, including but not limited to copyrights, trademarks, trade secrets, and patents, are and shall remain the exclusive property of the Licensor.

4.2 All rights, title, interest, and copyrights in and to the software program, including but not limited to all images, photographs, animations, video, audio, music, text, data, computer code, algorithms, and information, are owned by the Licensor.

4.3 Notwithstanding any provision of this Agreement or any other agreement between the parties to the contrary, the Licensor shall be free to use any ideas, knowledge, concepts, design, or know-how developed or acquired by Licensor during the performance in this Agreement.

4.4 Nothing in this Agreement shall be construed to preclude or restricting Licensor from reutilizing methods, process, design, know-how, and technique whether or not developed during the provision of the services.

4.5 Nothing in this Agreement shall confer on either party any rights in any trade name, business names, trademarks, or other proprietary names or marks of the other party.

Updates and Support: The Licensor may, at its discretion, provide updates, upgrades, or support for the Software. Such updates and support shall be subject to the terms of this Agreement, unless accompanied by a separate license agreement.

Warranty and Disclaimer:

6.1 No Other Warranties: Except for the limited warranty explicitly set forth in Section 1 above, the Software is provided on an "as-is" basis, and Licensor disclaims all other warranties, whether express, implied, statutory, or otherwise, including but not limited to any warranties of merchantability, fitness for a particular purpose, non-infringement, and title.

6.2 No Guarantee of Performance: Licensor does not warrant or guarantee that the Software will be error-free, uninterrupted, or free from vulnerabilities, nor does Licensor guarantee that the Software will meet all of Licensee's requirements or expectations.

6.3 Third-Party Content and Services: The Software may include links to or access to third-party content, services, or websites. Licensor does not endorse, guarantee, or assume any responsibility for the accuracy, safety, or quality of such third-party content or services.

6.4 Data Loss: Licensee acknowledges that the use of the Software involves the risk of data loss. Licensee is solely responsible for backing up its data and Licensor shall not be liable for any loss or corruption of data.

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‍Limitation of Liability: In no event shall the Licensor be liable for any direct, indirect, incidental, special, exemplary, or consequential damages arising out of or in connection with the use or performance of the Software, even if the Licensor has been advised of the possibility of such damages.
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Termination: This Agreement shall remain in effect until terminated. The Licensee may terminate this Agreement by unsubscribing, uninstalling and deleting all copies of the Software. The Licensor may terminate this Agreement immediately and without notice if the Licensee breaches any of its terms and conditions.

Governing Law and Jurisdiction:This Agreement shall be governed by and construed in accordance with the laws of India. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in Bangalore, India.

Dispute Resolution
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10.1 All disputes arising out of or in connection with this Agreement shall be finally settled under arbitration in accordance with the rules and regulations of the Arbitration and Conciliation Act, 1996 by a panel consisting of One (1) arbitrator to be appointed by the Licensor. The language of the arbitration shall be English and the venue of the arbitration shall be at Bangalore, India. The award of the arbitrator shall be final and binding, except for the enforcement of an arbitral award pursuant to this clause, if required or seeking injunctive or similar equitable relief.

10.2 Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. Either the Licensee or the Licensor may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi, India, necessary to protect the rights or the property of Licensee or the Licensor (or its agents, suppliers, and subcontractors), pending the completion of arbitration.

Modifications

11.1 This EULA may be modified any time without giving notice to the Licensee. The Licensee’s continued use of the service shall be deemed to be an acceptance of the modified terms of the EULA.

11.2 The Licensor reserves the right to modify its terms of subscription from time to time. The Privacy Policy as well as the terms and conditions laid down therein shall be considered a part of this EULA.
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Severability: The terms and conditions contained in the EULA as well as any modifications herein form a single agreement. If any of the clauses herein is unenforceable, void or otherwise unlawful it shall be severable from the rest of the agreement and shall not affect the enforceability of the rest of the agreement as a whole.

Entire Agreement: This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements, whether oral or written.

By clicking the "I agree" button or by subscribing, installing, copying, or using the Software, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this End User License Agreement as modified from time to time.