This License Agreement (this "Agreement") is an agreement between KENT RO Systems Ltd ("we," "us," or "our") and the "you".
Whereas KENT is the owner of certain rights, title and interests in automotive and attendance management system. KENT has agreed to grant license to the use of the system by the user, on the terms and conditions set out here below:
The Agreement contains the terms and conditions that govern your access to the use of automotive and attendance management technology, ("Service Offerings")
This Agreement takes effect when you download any of the Service Offerings (the "Effective Date").
You represent to us that you are over 18 years and are lawfully able to enter into contracts (e.g., you are not a minor). You also confirm that you are not our competitor and are not entering into this contract for purposes of furthering your business motives. You confirm not to use the device if you are under 18 years of age without parental supervision and without express consent of the parents. You also confirm that we have not previously banned or closed your account for any reason.
You confirm that you have examined the KENT product, found the same in working condition and being satisfied, hence, agreed to accept this license.
You understand that software will only work if hardware is purchased separately. You have reviewed our system and having found the same useful, you have agreed to download and use the same.
You agree that the product includes certain softwares (Program) derivatives of the Program, all of which is to be treated as confidential and proprietary to KENT. Derivative Program means Licensee-created computer software that includes, or is based in whole or in substantial part on, the Programs, including translations of the Programs to other foreign or computer languages, adaptations of the Programs to other hardware platforms or operating systems, abridgments, condensations, revisions, modifications or enhancements of the Program and software incorporating all or any substantial part of the Program.
There is subscription cost that you will have to pay to use the hardware with software. You agree that in case you don't pay the fee, the hardware will stop working and will not transmit any data.
Hardware may come with a SIM card and you have an option to use your own SIM also.
You also agree that you shall use the system/program strictly for intended purposes of the product.
You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Site/ App. You are responsible for maintaining the confidentiality of your account and password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
Postings refer to writings, photos, various files, links, etc that the user posts by using the service. We may suspend, modify, delete, move, or refuse to register postings, etc without prior consent of the user in case if the postings: (i) include contents that severely insult or ruin the reputation of another user or a third party, (ii) disseminate or link the contents that disrupt public order and morals, (iii) promote illegal reproduction or hacking, (iv)include advertisements for profit-making purpose, (v) include contents objectively deemed to be involved in a crime, (vi) include contents that infringe upon the copyright and other rights of another user or third party, (vii) constitute personal political judgements or religious opinions that are deemed by the company as not appropriate for the nature of the service, (viii) breach the posting principles as stipulated by the Company.
By using our services, you agree not to : (i) post or transmit any message which is libellous, defamatory or which discloses private or personal matters concerning any person; (ii) post or transmit any message, data, image or program which is pornographic in nature, (iii) post, transmit or e-mail any vulgar or obscene contents that disrupt public order and morals, (iv) reverse engineer, decompile, disassemble, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation, (v) take an action that imposes an unreasonably or disproportionately large load on our infrastructure/ network, (vi) intend to use the service for profit-making, (vii) breach the laws or disrupt the social stability and order and public morals, (viii) hack the computer server, or change all or part of the website or posted information at his/her own discretion.
You acknowledge that the Program is the confidential and proprietary material of KENT. You also acknowledge that you have no rights whatsoever to the said Program. You agree you shall not use the Program in a manner that would breach the confidentiality of the Program. You shall not by yourself and/or permit any third party to access or use the Program in a manner that would compromise the confidentiality thereof. This includes attempts to break open the hardware and software or reverse engineer the same. You shall not modify, adapt, display, adopt, trade or in any manner exploit the technology for benefit of third parties or competitors. The Program has been licensed to you strictly for purposes set out in para 7 above. The obligation of confidentiality shall survive this Agreement and continue beyond the date of termination of this Agreement.
We own the KENT Content, including but not limited to images, videos, pictures, photographs, graphics, design, compilation, including, but not limited to computer code, products, software, and all other elements and components of the Site. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the KENT Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the KENT Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the KENT Content are retained by us.
The Service Offerings are provided "as is" basis. We make no representations or warranties of any kind, whether express, implied, statutory or otherwise regarding the Service Offerings, including any warranty that the Service Offerings will be uninterrupted, error free or free of harmful components or viruses, or that any content will be secure or not otherwise lost or damaged. Except to the extent prohibited by law, we disclaim all warranties, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of dealing or usage of trade in respect of KENT. The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability. We reserve our right to close your account or prevent you from accessing certain information in your account for purposes of maintenance or any other purpose.
Many factors beyond KENT's control and uniquely within your knowledge and control can affect the use and performance of a KENT product in a particular application. Given the variety of factors that can affect the use and performance of a KENT product, you are solely responsible for evaluating the KENT product and determining whether it is fit for a particular purpose and suitable for your method of application. The products sold hereunder and any other products sold by KENT have been subject to limited testing and should not be used in conjunction with mission-critical equipment or applications. Any performance specifications are believed to be reliable but are not verified, and you must conduct and complete all performance and other testing of the products. It is your responsibility to independently determine suitability of any products and to test and verify the same. The information provided by KENT hereunder is provided "as is, where is" and with all faults, and the entire risk associated with such information is entirely with you. Information provided in this document is proprietary to KENT, and KENT reserves the right to make any changes to the information in this document or to any products and services at any time without notice.
LIMITATIONS OF LIABILITY
KENT shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages (including damages for loss of profits, goodwill, use, or loss of data or business). We shall not be responsible for any compensation, reimbursement, or damages arising in connection with: (a) your inability to use the services, including as a result of any (i) termination or suspension of this agreement or your use of or access to the Service Offerings, (ii) our discontinuation of any or all of the Service Offerings, or, (iii) any unanticipated or unscheduled downtime of all or a portion of the services for any reason, including as a result of power outages, system failures or other interruptions; (b) any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any of your content or other data with KENT.
No liability of the Company will arise for any (i) data handling at user or sub-user level, (ii) deliberate attempts made by user or sub user to manipulate the data, (iii) mismatch or discrepancy in data, (iv) negligence on user's part, (v) data loss due to tampering of hardware or data stolen from hardware, (vi) data loss due to connectivity issues. In case any of the packed item is used for any other purpose other than its intended usage or other than using in device and if the user intentionally or by accident manipulates the condition/environment in which the device is used ; influences the device's behaviour, the company shall not be held liable for the consequences.
Termination for Cause.
You understand that the KENT Technology is available on subscription basis, where-in you have to pay a subscription fee. Failure to renew the KENT Technology by payment of subscription fee could result in termination of 'services'. For continued services, kindly pay the subscription fee in a timely manner.
Effect of Termination.
You shall not assign this Agreement, or delegate or sublicense any of your rights under this Agreement, without our prior written consent. Any assignment or transfer in violation of this provision shall be void. Subject to the foregoing, this Agreement shall be binding upon, and inure to the benefit of the parties and their respective successors and assigns.
If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement but the rest of the Agreement will remain in full force and effect.
A failure by one of the parties to this Agreement to assert its rights for or upon any breach or default of this Agreement shall not be deemed a waiver of such rights nor shall any such waiver be implied from acceptance of any payment. No such failure or waiver in writing by any one of the parties hereto with respect to any rights, shall extend to or affect any subsequent breach or impair any right consequent thereon.
Redressal Mechanism: Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the customer support as mentioned below via in writing or through email signed with the electronic signature to:
KENT RO SYSTEMS LTD.
Noida 201309, UP, India