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Privacy Policy

Your Privacy is important to Data Resolve. This Privacy policy of Data Resolve and its affiliates ( hereinafter referred to as “Data Resolve”, “we”, “us”, or “our”) covers in particular, what type of information we collect, how we collect, use, disclose and transfer the personal information that you provide to us or that we collect about you:

 

  • When you use http://www.dataresolve.com/ (and any of its sub-domains (the “Website”));
  • When you do business with Data Resolve ; and/or
  • As otherwise described in this policy.

This Privacy Policy is effective from 5th July 2016.

 

We may update this Privacy Policy from time to time by posting a new version on this website, so please check back regularly to keep informed of updates. Your use of the Website means you agree to this Privacy Policy, if we revise and update this Privacy Policy, you will be deemed to have accepted such amendments by your continued use of the Website after the effective date.

 

The Privacy Policy is published in compliance of, and is governed by the provisions of Indian law, including but not limited to: the (Indian) Information Technology Act, 2000, and the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (SPI Rules).

 

BY USING THE WEBSITE, SERVICES, AND/OR BY REGISTERING WITH US, YOU ACCEPT THE PRACTICES AND POLICIES OUTLINED IN THIS PRIVACY POLICY, AND YOU HEREBY CONSENT THAT WE WILL TRACK, COLLECT, USE, AND SHARE YOUR INFORMATION IN THE FOLLOWING WAYS. IF YOU ARE REGISTERING AN ACCOUNT OR USING THE SERVICES ON BEHALF OF AN INDIVIDUAL OR ENTITY OTHER THAN YOURSELF, YOU REPRESENT THAT YOU ARE AUTHORIZED BY SUCH INDIVIDUAL OR ENTITY TO ACCEPT THIS PRIVACY POLICY ON SUCH INDIVIDUAL’S OR ENTITY’S BEHALF.

 

1. What Information do we collect?

For the purpose of this Privacy Policy, “personal information” as defined under Section 2(i) of the SPI Rules means, any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person.

 

“Sensitive personal information” as defined under section 3 of the SPI Rules means such personal information which consists of information relating to:

(i) Password;

(ii) Financial information such as Bank account or credit card or debit card or other payment instrument details;

(i) Any detail received under above clauses by body corporate for processing, stored or processed under lawful contract or otherwise.

 

General: We receive and store information that you enter on our Website or give us in any other way, including personal information and sensitive personal information as stated above and such other information as provided by you, for example when you make inquiries about the Website or about Data Resolve  partners, products or services (whether via the Website or otherwise).

 

We require the users who register to our Website to give the following type of information:

(i) Name of the user;

(ii) E-mail Address;

(iii) Address;

(iv) Credit card/debit card/demand draft/wire transfer information required to be furnished by you while making payment for the our services.

 

Information that we automatically collect when you use the Website: When you use the Website, following information are collected by us automatically:

  • Navigation and click-stream data
  • HTTP protocol elements
  • Search terms

 

Some of the information are also collected automatically through the use of cookies*. 

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

 

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

 

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

 

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

 

Personal Information we collect when you register with us online or create an online account: You can browse the Website without registering with us or creating an online account. However, in order to access certain resources or services via the Website (e.g., to access technical alerts or to join technical forums), you will need to register with us. In order to register and create an online account, we collect certain personal information about you such as:

  • Customer Name:
  • Designation:
  • Company Name:
  • Email Address:
  • Mobile Number:
  • Website:
  • City:
  • Country:

 

Information we collect when we obtain online report from you: We collect your information like Organization name, Name of person reporting issue, email address and contact detail in the context of online reporting from you.

 

Personal Information that we collect when you do business with Data Resolve: We may collect and process Vendor or Business Partner Data when you conduct business with Data Resolve as, or on behalf of, a vendor, supplier, consultant, professional adviser or other third party. “Vendor or Business Partner Data” means information relating to an identified or identifiable natural person that Data Resolve receives from or on behalf of a vendor, supplier, consultant, professional adviser or any other third parties that do business with Data Resolve, whether or not such natural person is also a Website user.

 

Examples of Vendor or Business Partner Data include:

  • Contact details of a point of contact for its Vendor or Business Partners (such as name, business phone numbers, business address);
  • Business contact information (such as name of organization and website details);
  • If you also hold an online Data Resolve account, we add any purchase information we collect, including details of the purchase and your business address, to your online account information.
  • Credit card/debit card/demand draft/wire transfer information required to be furnished by you while making payment for the our services

 

2.  How We Use Your Information

Personal Information: We use or may use your personal information for the following purposes (or as otherwise described at the point of collection):

 

  • Creating and administering records about your online account (if you have one), including your organization’s purchase history;
  • To provide you with information, access to resources or other products or services that you have requested from us on behalf of your organization;
  • To send you customer service-related communications, including in relation to administering your organization’s online account and providing online services to you on behalf of your organization;
  • To provide technical product support to Customers and to enhance Customer technical product support services.
  • To deal with communications and to personalise all communication that you send to Data Resolve or as sent by us;
  • To request your feedback;
  • Your email address/residential address will be used for confirmation/acknowledgement and to communicate regular updates with respect to products and services of Data Resolve.
  • To complete and support the current activity, Website and system administration, research and development, and to improve the navigation and content of the Website;
  • To carry out User analysis, User profiling and decision making**;
  • To improve the Website; and
  • To improve our products and services.

**The user is allowed to opt-out of this usage. We use tools to measure Website visitor performance, click data, engagements with content on the Website, pathing, form completions, etc. When aggregated, we use it to analyse user behaviour and make decisions about how to improve the user experience.

 

We and our business partners may contact you by mail, telephone, email or other electronic messaging service with offers of goods, services, promotions or other information that may be of interest to you in accordance with your communication preferences.

 

Generalized (non-personal) Information: Without disclosing your identifiable information, we may generate, use and disclose aggregated (anonymous and generalized) information and statistics about the Website for marketing and strategic purposes. Similarly, we may generate aggregate usage and statistical information related to customer’s and end-user’s use of the Products in order to facilitate analysis and comparisons. However, no individual will be individually identifiable from these information and statistics.

 

3. Accessing and Updating Your Personal Information

Data Resolve seeks to ensure that your information and preferences are accurate and complete and you have the right to update your information and/or preferences at any time. If you wish to do so, let us know by sending an e-mail with your name, full mailing address and e-mail address to info@dataresolve.com together with a description of the changes you request.

 

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible. We will promptly correct any information found to be incorrect.

 

You may also make changes by writing to Data Resolve at:

 

Attention:
Data Resolve Technologies Private Limited

Level 2/F, Elegance Tower,

Jasola, Old Mathura Road,

New Delhi 110025, INDIA

 

4. Protecting Your Information

Data Resolve acknowledges your trust and is committed to protecting the information you provide to us. To prevent unauthorized access, maintain accuracy, and ensure proper use of information, we have employed physical, technical, and administrative processes to safeguard and secure the information we collect.

 

Website users can help further protect their personal information by using a secure web browser and by changing your access passwords regularly.

 

We will never share, sell, lease or rent your personal and sensitive information with or to any third party without your advance permission or unless ordered by a court of law. Information submitted to us is only available to employees managing this information for purposes of providing services to you, processing your request, or sending you e-mails related to your interest in Date Resolve.

 

We may also disclose certain information to third parties solely to help diagnose technical problems, to administer the Website, and improve the quality of the services provided by us.

 

Please note that data transmission over the Internet is not 100% secure and any information disclosed online can potentially be collected and used other than by the intended recipient. Please be aware that, by posting information to the technical forum via the Website, you may be making this information available to the public. You should be careful not to reveal any sensitive or other personal details about yourself.

 

5. Retention of personal information

Data Resolve will only keep your personal information (i) for as long as is necessary for the purpose or purposes for which it was intended; (ii) for the purposes of performing or fulfilling a contractual obligation with the organization that you represent; (iii) for as long as required by law; or (iv) where applicable, for as long as Data Resolve may be sued.

 

6. Monitoring and Compliance

We may monitor, store, review and disclose to third parties any information, including your personally identifiable information, obtained on or through the Website as may be needed or requested to satisfy any applicable governmental law, regulation, investigation or proceeding. Data Resolve  may also disclose your personally identifiable information (1) where such disclosure required by law; (2) to protect Data Resolve ’s legal rights to the extent authorized or permitted by law; or (3) in an emergency where the health or safety of you or another individual may be endangered, to the extent permitted by law. Additionally, we may use IP addresses to identify a particular user if we believe it is needed to enforce compliance with these terms or to protect our company, employees, Website, or customers. We may also use your IP address when necessary to help diagnose problems with our server and to administer our web site. We also may track browser types to help us understand our visitors’ needs related to our web site design.

 

7.  Copyright Protection

All content on the Website including graphics, text, icons, interfaces, audio clips, logos, images and software is the property of Date Resolve and/or its content suppliers and is protected by Indian Copyright Law. The website can be used only for the purposes as permitted by Date Resolve from time to time. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this website can only be made with the express permission of Date Resolve.

 

8.  Consent/ Dispute

By using this Website, you consent to the terms of this Privacy Policy and to the use and management of personal information by Data Resolve for the purposes and in the manner herein provided. Should this Policy change, Data Resolve intends to take every reasonable step to ensure that these changes are brought to your attention by posting the updated Privacy Policy on the Website. Your visit and any dispute over privacy are subject to this Privacy Policy. The said Privacy Policy shall be governed by and construed in accordance with the laws of the Republic of India. Further, it is irrevocably and unconditionally agreed that the courts of Delhi, India shall have exclusive jurisdiction to entertain any proceedings in relation to any disputes arising out of the same.

 

9.  Contact Us

If you have any questions or concerns about our use of your information or about this Privacy Policy, please send an e-mail to info@dataresolve.com or write us at:

Attention:
Data Resolve Technologies Private Limited

Level 2/F, Elegance Tower,

Jasola, Old Mathura Road,

New Delhi 110025, INDIA

 

In your e-mail or letter, state your question or concern as clearly as possible.

Terms of Use

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is a legally binding agreement under the provisions of Indian Contract, Act 1872. This electronic record is generated by a computer system and does not require any physical or digital signatures.

 

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.dataresolve.com website.

 

This website www.dataresolve.com (the “Site”) is for providing information about Data Resolve and is owned and operated by Data Resolve Technologies Private Limited a company incorporated under the Companies Act, 1956 with its registered office at (hereafter referred to as “Data Resolve”, “we” “us” or “our”).

 

The following terms and conditions (the “Term of Use”) are applicable to your use of Date Resolve services and the Site. This Term of Use is an agreement between you as the user(s) of the Site (the “User(s)”) and Date Resolve Technologies Private Limited.

 

These Terms of Use (together with the documents referred to in it) govern your use of this Site. Use of the Site includes accessing, browsing, registering and downloading.

 

Please read the Terms of Use carefully, before you start to use the Site. By continuing to use the Site you agree to be bound by the Terms of Use and, where appropriate any other terms or conditions, guidelines or rules applicable to the products and services herein. If you do not agree with any of the Terms of Use, you must not continue to use the Site.

 

1.Membership eligibility

Use of the Site is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years, you shall not register as a user of the Data Resolve Site and shall not transact on or use the Site. As a minor if you wish to use or transact on Site, such use or transaction may be made by your legal guardian or parents on the Website. Data Resolve reserves the right to terminate your membership and / or refuse to provide you with access to the Site if it is brought to our notice or if it is discovered that you are under the age of 18 years

 

2.Other applicable terms

These Terms of Use refer to the following additional terms, which also apply to the use of this Site:

  • Our Privacy policy available on the website of the Company , which sets out the terms upon which we may process any personal data we collect from you, or that is provided by you. The Privacy Policy may be updated from time to time and will be published on the Site. By using the Site you consent to such processing and you warrant that all personal data provided by you to us is correct.

If you trial, purchase or download products or services from our Site, the following terms and conditions shall apply to these products and services:

  • Data Resolve End User License Agreement (“EULA”) available on the website of the Company.

 

3.Amendment to these terms

We may revise these Terms of Use from time to time, by amending the terms and conditions, if we revise and update these Terms of Use, your continued use of the Site and related services will mean that you accept those changes. You should read this agreement continuously to take notice of any changes that we make; as such changes will be binding upon you. No notice of any changes shall be given.

 

4.Changes to the site

We may update our Site time to time, and may change its content at any time.

 

We do not guarantee that our Site or any content on it will be free from errors or omissions. We make no promise that the Site will always be maintained with the same DNS names, IP addresses, authentication methods or URLs, or that it will always be available and uninterrupted.

 

5.Accessing the site

In so far as the user complies with these Terms of Use, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Site.

 

The Site (but not its downloadable content) is provided free of charge.

 

It is your responsibility to ensure that you have made all necessary arrangements in order to access the Site. For example, we shall not be responsible for any telephone bills, internet charges or any other costs incurred by you in order to access the Site.

 

You are responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and the other applicable terms and conditions/policies mentioned, and comply with them.

 

6.Login and password

Should you choose or be provided with a user identification code, password or any other piece of information as part of our security, purchasing or downloading procedures, you must treat such information as confidential. Such information should not be disclosed to any third party.

 

We reserves the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, without prior notice, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

 

If you know or suspect that anyone other than you knows your user identification code and password you should immediately change your password.

 

7.Use of the website

You agree, undertake and confirm that your use of the Site shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information which:

 

  • belongs to another person and to which you does not have any right to or is misleading in any way;
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
  • involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
  • promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous or violating someone’s privacy, or providing or creating computer viruses;
  • provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone, or contains video, photographs, or images of another person (with a minor or an adult).
  • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Site. Throughout this Terms of Use, Data Resolve’s prior written consent means a communication coming  from Data Resolve’s Legal Department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;
  • interferes with another user’s use and enjoyment of the Site or any other individual’s user and enjoyment of similar services or harm minors in any way;
  • refers to any Site or URL that, in our sole discretion, contains material that is inappropriate for the Site or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
  • infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity] or shall not be fraudulent or involve the sale of counterfeit or stolen products;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
  • shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
  • shall not create liability for us or violates any law for the time being in force

 

You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

 

8.Intellectual property rights

All content, software, data and intellectual property rights, including but not limited to all know how, concepts and logic found on or relating to the Site is the property of Data Resolve or its licensors. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

 

All intellectual property including but not limited to trademarks, logos and service marks displayed on the Site is registered by Data Resolve and protected throughout the world. No license, right or interest in any Data Resolve intellectual property is granted to you.

 

You may print off reasonable copies of any page(s) from the Site for your own personal use and you may draw the attention of other users within your organization to content posted on the Site.

 

9.No reliance on information

The opinions expressed by Data Resolve employees on the blog site or help forums are the individual’s own and do not represent or necessarily correspond to the opinions of Data Resolve. We will not be responsible for any direct or indirect damages or losses caused or alleged to have been caused as a result of your use or reliance on such information.

 

10.Limitation of liability

The Site, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this Site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without limiting the generality of the foregoing, Data Resolve does not warrant that the Site will be constantly available or available at all or the information on the Site is complete, true, accurate or non-misleading.

 

To the maximum extent permitted by law we provide the Site without warranties, guarantees or representations. We assume no responsibility and shall not be liable for any loss or damage which may affect your computer equipment or other equipment/property arising out of your use of, access to or browsing of the Site.

 

We will not be liable to any user of the Site for any loss or damage, whether in contract, tort (including but not limited to negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with including (but not limited to) the following;

 

  1. any use of this Site or content found therein;
  2. any failure or delay (including but not limited to) the use of or inability to use any component of the Site and any errors or interruptions of the Site;
  3. the performance or non-performance by Data Resolve;
  4. unsuitability, unreliability or inaccuracy of the Site;
  5. inadequacy of the Site to meet your requirements;
  6. incompatibility of the Site with any of your equipment, software or telecommunications links;
  7. the provision of or failure to provide services;
  8. any information, software, products, services and related graphics obtained through the Site.

 

In addition to the above exclusions, if you are a commercial user, please note that in particular, we will not be liable for any indirect losses however so arising. If you are an individual/personal user, kindly note that we only provide the Site to you for your domestic and private use. You agree not to use the Site for any commercial or business purposes, and acknowledge that we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity. You acknowledge that the views expressed by other users on the Site do not represent Data Resolve’s views, opinions or values.

 

Different limitations and exclusions of liability shall apply arising out of the supply of any product or services purchased, tested or downloaded by you, which will be set out in the terms and conditions applicable to the particular purchase, trial or download.

 

11.Reproduction of information provided on the site

You agree that you will not, and will not allow any third party:

 

  1.  to reproduce, duplicate, license, copy, sell or re-sell any part of the Site, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Site or content that may be presented or accessed through the Site for any purpose, unless otherwise permitted,;
  2. to take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Site;
  3. to use the Site to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights;
  4. to remove, obscure, or alter Data Resolve’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Site.
  5. to access without authority, interfere with, damage or disrupt:
    1. any part of the Site;
    2. any software used in the provision of the Site; or
    3. any equipment or network or software owned or used by any third party.

 

12.Warranties and indemnity

You warrant that your access to and use of the site is and will remain in accordance with all applicable laws and regulations.

 

You warrant that you use of the Site is sole at your discretion and risk and that the Site is provided as is and as available without warranty of any kind.

 

You warrant that you are solely responsible for any damage to your system or device(s), or loss of data that results from such use.

 

You shall hold harmless, defend and fully indemnify us against any claims, proceedings, damages, costs, expenses or liabilities whatsoever arising out of or relating to your use of the Site or other consequence of any of the actions of the users of the Site and specifically waive any claims that you may have in this behalf under any applicable law. .

 

13.Linking to the site

You may not link to our home page, provided written consent from Data Resolve obtained and such linking should be done in a way that is fair and legal and does not damage our reputation or take advantage of it.

 

You must not establish a link in any such way that suggests a form of association, approval or endorsement with or by Data Resolve where none exists unless a written consent is there from Data Resolve.

 

You must not establish a link to the Site in any website that does not belongs to you.

 

The Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page as specified above.

 

Data Resolve reserves the right to withdraw linking permissions at any time and without notice.

 

The website, in which you are linking Data Resolve, must comply with these terms of use in all respects.

 

Should you wish to make use of any of the content on the Site other than set out above, please contact info@dataresolve.com.

 

14.Web-based demostration

A web-based product demonstration offered by Data Resolve at https://cloud.indefend.com/ which is available to approved users only. Approved users are granted a non-exclusive right to access and use the products for demonstration purposes only, via https://cloud.indefend.com/ subject to the terms and conditions contained within the EULA and these Terms of Use.

 

If you are an approved user, you are permitted to use the products solely for demonstration purposes, including to prospective customers, for testing configurations, issuing commands and exploring the features of each product, and such other product demonstration options as may be offered by us in the contained environment of Data Resolve. You acknowledge and agree that all changes and configurations will be reset at the expiration of the term of access that you have been provided.

 

You are not permitted to:

 

  1. use the products for your internal business purposes;
  2. use the products for the provision of any service for the benefit of third parties;
  3. modify or translate the products;
  4. reverse engineer, disassemble or decompile the products or any portion thereof or otherwise attempt to derive or determine the source code or the logic therein except to the extent and for the express purposes authorised by applicable law;
  5. workaround any technical limitations of the product;
  6. transmit or provide access to the products, or any portion thereof, save as provided herein. For the avoidance of doubt, you may not transfer or share your credentials with any other party;
  7. use the products outside of the site, including, but not limited to, displaying or ‘hot linking’ to icons, images or graphics;
  8. use software other than the products (unless such software has been licensed to you under the terms of separate license agreements);
  9. sub-license, rent, sell, lease, distribute or otherwise transfer the products(unless such software has been licensed to you under the terms of separate license agreements);and
  10. use the demonstration site for any illegal, deceptive, misleading or unethical practices, including, but not limited to, disparagement of the products or Data Resolve or other practices which may reflect negatively or be detrimental to the products or Data Resolve, by yourself or with others.

 

15.Applicable law

These Terms of Use, their subject matter and construction (and any non-contractual disputes or claims) are governed by the Laws of India and you agree to the exclusive jurisdiction of the courts of New Delhi.

 

We reserve the right to seek injunctive, or any other equitable relief, in any courts of competent jurisdiction should we, in our sole opinion, consider this to be necessary.

EULA inDefend

This is a legal agreement between you and Data Resolve Technologies Private Limited, a company incorporated in India and having its registered office at

 

Data Resolve Technologies Pvt. Ltd.

Level 2/F, Elegance Tower,

Jasola, Mathura Road,

New Delhi, INDIA, PIN 110025

 

and its subsidiaries (“Data Resolve”). Data Resolve is the owner of accompanying inDefend (Business in-Cloud, Business in-Premise and Lite in-Premise) and this Agreement lays down the terms and conditions upon which Data Resolve offers to license inDefend together with accompanying items including but not limited to, the executable programs, drivers, libraries and data files associated with such programs and all related documentation (collectively, “inDefend”).

 

1.Scope of Agreement

If you are installing inDefend merely for the purpose of evaluating the performance of the same, inDefend will consist of an evaluation version of inDefend. Else, inDefend comprises of a server component (“inDefend Server Software”) which is to be installed on a server and a client component (“inDefend Client Agent Software”), which is to be installed on each computer, server or such like device, which is need endpoint device control, browser control and application control.

 

If you are installing the evaluation version of inDefend on one of your computers or such like devices to evaluate the performance of inDefend, this Agreement applies to the installation and/or use of the evaluation version of inDefend on that particular computer or device.

 

If you are installing inDefend Server Software on one of your servers, this Agreement applies to the installation and / or use of inDefend Server Software on that particular server.

 

If you are installing inDefend Client Agent Software on one of your computers or such like device which needs endpoint device control, browser control and application control, this Agreement applies to the installation and / or use of inDefend Client Agent Software on that particular computer / device.

 

While installing inDefend, you must ensure that you have legal authority of such computers or like devices on which inDefend is installing.

 

Data Resolve’s recommends while installing inDefend client on computers or such like devices, the client shall inform about installation of inDefend to its employees or agents or other person specifically authorized by client to use such computers or devices.

 

2.Grant of License

2.1 If you are installing and / or using the evaluation version of inDefend, subject to the terms and conditions of this Agreement, the Licensor grants to you a non-exclusive, non-transferable and limited right to use the evaluation version of inDefend in binary object code form, for trial and evaluation of the performance of inDefend. This license is valid for a maximum period of seven (7) days from the installation of the evaluation version of inDefend, (“Evaluation Period”). If you want to use the evaluation version beyond the Evaluation Period or if you want to use inDefend for endpoint protection, you have to purchase licenses for the same in accordance with the terms of this Agreement. If you do not purchase licenses to use inDefend (any version) beyond the Evaluation Period, you should stop using inDefend and / or its functionality and delete all the copies of inDefend including the evaluation version installed in your computer/s forthwith on the expiry of the Evaluation Period. Subsequent downloads of the evaluation version of inDefend by or for you does not extend, renew or otherwise restart the term of the license for the evaluation version granted herein.

 

If you are installing inDefend Server Software or inDefend Client Agent Software, subject to the terms of this Agreement, Data Resolve hereby grants you a limited, non-exclusive, non-transferable license to download, install and use inDefend Server Software / inDefend Client Agent Software, as the case may be, for the sole purpose of using the endpoint security applications and any other applications explicitly provided by Data Resolve from time to time solely for your internal business purposes.

 

 

2.2 As it is the purpose of inDefend to create cyber intelligence reports based on data transfer within and outside your computer network, inDefend will upload certain processessed information from user’s computers to cloud.indefend.com website. This may include identification information, emails, chats, usb storage device activities, websites visited, files uploaded to internet, activity of applications connecting to internet, computer screenshots, date and time. The Software will NOT upload keys pressed, webcam pictures, mouse and keyboard activity level.

 

2.3 The grant of license of inDefend is only for the businesses with their registered office in India unless approved by Data Resolve.

 

3.Restrictions on Use

You may only install and use one copy of inDefend on one server or computer system, as the case may be.

 

You may not use inDefend beyond the period for which you have obtained a license. You may install or use inDefend only on such number of machines for which you have obtained licenses.

 

You shall not or permit any other to transmit all or any portion of inDefend through any network or communication line.

 

The rights under this Agreement are personal to you and the functionality of inDefend may be used only by your employees, agents or others specifically authorized by you for managing endpoint protection and you may not sub-license or transfer in any manner whatsoever any of your rights under this Agreement or allow any third party’s endpoints to be protected using inDefend.

 

You may not modify any portion of inDefend or merge or integrate any portion of inDefend into/with any other program.

 

You may not translate, decompile, disassemble or reverse engineer inDefend or do anything to obtain underlying information that is not visible to the user in connection with normal use of inDefend.

 

You may not display inDefend‘s object code on any computer screen or make any hardcopy memory dump of inDefend‘s object code.

 

You may not remove, alter or conceal any copyright or other intellectual property notices from any copy of inDefend or any of written materials, if any, accompanying it.

 

4.Ownership of inDefend

inDefend is not sold to you. You are merely granted a license to use the Software in accordance with the terms of this Agreement. Data Resolve reserves all rights (including all title and intellectual property rights) not specifically granted to you by this Agreement.

 

5.Warranty & Disclaimer

Data Resolve WARRANTS THAT IT HOLDS ALL RIGHT, TITLE AND INTEREST IN AND TO inDefend OR THAT IT IS OTHERWISE ENTITLED TO PROVIDE inDefend TO YOU ON THE TERMS CONTAINED HEREIN.

 

Data Resolve WARRANTS THAT inDefend, WHEN IT IS DELIVERED TO YOU, IS FREE OF VIRUSES, TROJAN HORSES, WORMS AND OTHER SIMILAR DESTRUCTIVE OR DISABLING CODE.

 

THE ABOVE IS A LIMITED WARRANTY AND IS THE ONLY WARRANTY MADE BY Data Resolve. inDefend IS PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK.

 

Data Resolve EXPRESSLY DISCLAIMS AND YOU HEREBY EXPRESSLY WAIVE ALL OTHER CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; THAT inDefend WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF inDefend WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS IN inDefend , IF ANY, WILL BE CORRECTED.

 

Data Resolve’s ABOVE LIMITED WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF Data Resolve FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, USE OR PERFORMANCE OF inDefend. inDefend‘s FAILURE TO PERFORM IN ACCORDANCE WITH THE SPECIFICATIONS SHALL NOT BE CONSIDERED A FAILURE OF THE ESSENTIAL PURPOSE OF THE WARRANTIES CONTAINED HEREIN.

 

6.Limitation of Liability

NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL Data Resolve BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR SAVINGS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION OR DATA) WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE ARISING OUT OF YOUR USE OR INABILITY TO USE inDefend OR BREACH OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT, Data Resolve’s AGGREGATE LIABILITY OR DAMAGES TO YOU OR TO ANY OTHER PERSON SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO USE inDefend REGARDLESS OF THE FORM OF THE CLAIMS.

 

NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT, Data Resolve SHALL NOT BE LIABLE WHERE inDefend IS INSTALLED ON ANY DEVICE AND MONITORING ACTIVITIES ON SUCH DEVICES WITHOUT KNOWLEDGE OF THE EMPLOYEES OR AGENTS OR OTHER SPECIFICALLY AUTHORIZED BY YOU, USING SUCH DEVICE.  ANY OR ALL LIABILITIES ARISES IN SUCH CASE, THE CLIENT WILL BE SOLELY LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND INDEMNIFIES Data Resolve.

 

7.Indemnity

If you use or distribute inDefend in violation of this Agreement, you hereby agree to indemnify, hold harmless and defend Data Resolve from and against any and all claims or lawsuits, including attorney’s fees and costs that arise, result from or are connected with the said use or distribution of inDefend in violation of this Agreement.

 

8.Right to Collect Information

inDefend contains programs that collect data about your use of the Software. You agree that Data Resolve may collect such data about your use of inDefend and that the data collected through such programs may be used by Data Resolve to monitor your compliance with the terms of this Agreement, to provide you with support services and/or to improve inDefend. You agree that you will not prevent or in any manner restrict the right of Data Resolve to collect such data about your use of inDefend. Despite of above data, Data Resolve does not collect or restore any organizational information or data generated by inDefend.

 

9.Support Services

Notwithstanding anything contained anywhere in this Agreement, Data Resolve shall not be responsible to you for the maintenance or for the provision of support services for inDefend under this Agreement.

 

10.Third Party Software

Portions of inDefend include software with open source licenses from third parties that govern the use of those portions. Nothing contained herein limits the rights and obligations you may have under such open source licenses. However, the disclaimer of warranty and limitation of liability provisions in this Agreement will apply to inDefend as a whole. For details of the open source software included in the Software and the terms of the license for the same, please refer <http://dataresolve.com/license-of-open-source-components-bundled-with-indefend/>

 

11.Governing Law & Jurisdiction

This Agreement is governed by the laws of the Republic of India. You agree that any dispute between the parties arising out of or in connection with this Agreement (including any question regarding its existence, validity or termination) shall be submitted exclusively to the competent courts located at Delhi, India to the exclusion of any other court that may have jurisdiction in the matter.

 

12.Severability

If any part of this License Agreement is found illegal, invalid, or unenforceable by a court of competent jurisdiction, the remainder of this License Agreement shall be interpreted so as to reasonably effect the intention of the parties.

 

13.Force Majeure

You agree not to hold Data Resolve responsible for any cessation, interruption or delay in the operation of the Software or performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God or the public enemy, war, armed conflict, terrorist action, strike, lockout, boycott, riot, release of hazardous or toxic substances, explosion, accident, or any other causes whether or not of the same class or kind as those specifically above named, which are not within the reasonable control of a party.

 

14.General

This Agreement is binding on you as well as your employees, contractors, agents and any person who uses the computer / device on which inDefend is installed. This Agreement is also binding on your successors and assignees. This Agreement is the entire agreement between us and supersedes all previous agreements, arrangements, understandings or representations (including advertisement) relating to the subject matter hereof. If any provision of this Agreement is deemed invalid or unenforceable that particular provision will be deemed modified to the extent necessary to make the provision valid and enforceable and the remaining provisions will remain in full force and effect. Any failure or delay by a party to exercise any right or remedy under this Agreement shall not operate as a waiver of that right or remedy.

 

This software is a collective work consisting of the following Open Source components:

 

The following software is licensed under a separate Open Source License. Data Resolve Technologies is not affiliated with nor endorsed by any of the above providers:-

 

  1. Apache Tomcat 5.5 developed by The Apache Software Foundation (<http://www.apache.org/>) is licensed under Apache License 2.0. Please read the license agreement at <http://www.apache.org/licenses/LICENSE-2.0.html>
  2. Postgres Plus Standard Server 8.4 developed by The Postgres Organization (<http://www.postgres.org/>) is licensed under the PostgreSQL License. Please read the license agreement at <http://www.postgresql.org/about/licence.html>.
  3. NPGSQL developed by The Npgsql Development Team (<http://pgfoundry.org/projects/npgsql/>) is licensed under the BSD License. Please read about the license at<http://www.opensource.org/licenses/bsd-license.php>.
  4. Mono Security Library developed by The Mono Project (<http://mono-project.com/>) is licensed under the GNU Library GPL 2.0 License. Please read about the license at http://www.gnu.org/copyleft/library.html#TOC1 <http://www.gnu.org/copyleft/library.html>.
  5. YUI 2 developed by Yahoo! Inc. (<http://www.yahoo.com/>) is licensed under a liberal BSD License. Read the license agreement at <http://developer.yahoo.com/yui/license.html>.
  6. Java Development Kit 6 developed by Oracle Corporation (<http://www.oracle.com/>) is licensed under the Oracle Corporation Binary Code License Agreement. Please read the license agreement at <http://www.oracle.com/technetwork/java/javase/downloads/jdk-6u21-license-159167.txt> .
  7. JavaMail API 1.4.4 developed by Oracle Corporation (<http://www.oracle.com/>) is licensed under the Oracle SLA located at <http://www.oracle.com/technetwork/java/javase/downloads/jdk-6u21-license-159167.txt> .
  8. jFreeChart developed by www.jfreechart.com <http://www.jfree.org/jfreechart/> is licensed under GNU Lesser General Public License(LGPL) Agreement located at <http://www.gnu.org/licenses/lgpl.html>.
  9. iText developed by iText Software Corp. (California, USA) and 1T3XT BVBA (Ghent, Belgium) (<http://www.itextpdf.com/>) is licensed under the Affero General Public License located at<http://www.itextpdf.com/terms-of-use/agpl.php>.
  10. Java-Json-RPC Library developed by <http://java-json-rpc.sourceforge.net/> is licensed under the GPL License. Read more about the license at <http://www.gnu.org/licenses/gpl.html>.
  11. Bouncy Castle Crypto API developed by <http://www.bouncycastle.org/> is licensed under an adaptation of the MIT X11 License which can be read at<http://www.bouncycastle.org/licence.html>.

Although this product minimizes the risk of data leakage but does not guarantee 100% protection. To achieve the best results of this software users of endpoint PCs and Laptops or any other endpoint device, should not be given administrative privileges.

 

ACCEPTANCE

BY DOWNLOADING AND INSTALLING THE PROGRAM YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND THAT YOU WILL BE BOUND BY AND COMPLY WITH ALL OF ITS TERMS AND CONDITIONS.

EULA MobSec

This is a legal agreement between you and Data Resolve Technologies Private Limited, a company incorporated in India and having its registered office at:
Data Resolve Technologies Pvt. Ltd.
Level 2/F, Elegance Tower,

Jasola, Mathura Road,

New Delhi
INDIA, PIN 110025
and its subsidiaries (“Data Resolve”).

 

Data Resolve is the owner of accompanying MobSec and this Agreement lays down the terms and conditions upon which Data Resolve offers to license MobSec together with accompanying items including but not limited to, the executable programs, drivers, libraries and data files associated with such programs and all related documentation (collectively, MobSec).

 

  1. Scope of Agreement

If you are installing MobSec merely for the purpose of evaluating the performance of the same, MobSec will consist of an evaluation version of MobSec. Else, MobSec comprises of a server component “MobSec Server Software”) which is to be installed on a server and a client component (“MobSec Client Software”), which is to be installed on each mobile, tab or such like device, which is need endpoint device control, browser control and application control.

 

If you are installing the evaluation version of MobSec on one of your such devices to evaluate the performance of MobSec, this Agreement applies to the installation and / or use of the evaluation version of MobSec on that particular device.

 

If you are installing MobSec Server Software on one of your servers, this Agreement applies to the installation and / or use of MobSec Server Software on that particular server.

 

If you are installing MobSec Client Software on one of your device which needs endpoint device control, productivity monitoring and application control, this Agreement applies to the installation and / or use of MobSec Client Software on that particular device.

 

  1. Grant of License

2.1 If you are installing and / or using the evaluation version of MobSec, subject to the terms and conditions of this Agreement, the Licensor grants to you a non-exclusive, non-transferable and limited right to use the evaluation version of MobSec in binary object code form, for trial and evaluation of the performance of MobSec. This license is valid for a maximum period of seven (7) days from the installation of the evaluation version of MobSec, (“Evaluation Period”). If you want to use the evaluation version beyond the Evaluation Period or if you want to use MobSec for endpoint protection, you have to purchase licenses for the same in accordance with the terms of this Agreement. If you do not purchase licenses to use MobSec (any version) beyond the Evaluation Period, you should stop using MobSec and / or its functionality and delete all the copies of MobSec including the evaluation version installed in your device forthwith on the expiry of the Evaluation Period. Subsequent downloads of the evaluation version of MobSec by or for you does not extend, renew or otherwise restart the term of the license for the evaluation version granted herein.

 

If you are installing MobSec Server Software or MobSec Client Software, subject to the terms of this Agreement, Data Resolve hereby grants you a limited, non-exclusive, non-transferable license to download, install and use MobSec Server Software / MobSec Client Software, as the case may be, for the sole purpose of using the endpoint security applications and any other applications explicitly provided by Data Resolve from time to time solely for your internal business purposes.

 

2.2 As it is the purpose of MobSec to create cyber intelligence reports based on data transfer within and outside your device network, MobSec might upload certain processed information from user’s device to cloud.MobSec.net website. This may include identification information, emails, chats, usb storage device activities, websites visited, files uploaded to internet, activity of applications connecting to internet, computer screenshots, date and time. The Software will NOT upload keys pressed, webcam pictures, mouse and keyboard activity level.

 

2.3 The grant of license of MobSec is only for the businesses with their registered office in India unless approved by Data Resolve.

 

2.4 The installation of MobSec client software must be performed only on devices owned by the organization. Usage of MobSec client software is not allowed on personal devices unless there is a written consent provided by the employee for the same.

 

  1. Restrictions on Use

You may only install and use one copy of MobSec on one server or device, as the case may be.

 

You may not use MobSec beyond the period for which you have obtained a license. You may install or use MobSec only on such number of machines for which you have obtained licenses.

 

You shall not or permit any other to transmit all or any portion of MobSec through any network or communication line. The rights under this Agreement are personal to you and the functionality of MobSec may be used only by your employees, agents or others specifically authorized by you for managing endpoint protection and you may not sub-license or transfer in any manner whatsoever any of your rights under this Agreement or allow any third party’s endpoints to be protected using MobSec.

 

You may not modify any portion of MobSec or merge or integrate any portion of MobSec into/with any other program.

 

You may not translate, decompile, disassemble or reverse engineer MobSec or do anything to obtain underlying information that is not visible to the user in connection with normal use of MobSec.

 

You may not display MobSec’s object code on any device screen or make any hardcopy memory dump of MobSec’s object code.

 

You may not remove, alter or conceal any copyright or other intellectual property notices from any copy of MobSec or any of written materials, if any, accompanying it.

 

  1. Ownership of MobSec

MobSec is not sold to you. You are merely granted a license to use the Software in accordance with the terms of this Agreement. Data Resolve reserves all rights (including all title and intellectual property rights) not specifically granted to you by this Agreement.

 

  1. Warranty & Disclaimer

Data Resolve WARRANTS THAT IT HOLDS ALL RIGHT, TITLE AND INTEREST IN AND TO MobSec OR THAT IT IS OTHERWISE ENTITLED TO PROVIDE MobSec TO YOU ON THE TERMS CONTAINED HEREIN.

 

Data Resolve WARRANTS THAT MobSec, WHEN IT IS DELIVERED TO YOU, IS FREE OF VIRUSES, TROJAN HORSES, WORMS, AND OTHER SIMILAR DESTRUCTIVE OR DISABLING CODE.

 

THE ABOVE IS A LIMITED WARRANTY AND IS THE ONLY WARRANTY MADE BY Data Resolve. MobSec IS PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK.

 

Data Resolve EXPRESSLY DISCLAIMS AND YOU HEREBY EXPRESSLY WAIVE ALL OTHER CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; THAT MobSec WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF MobSec WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS IN MobSec, IF ANY, WILL BE CORRECTED.

 

Data Resolve’s ABOVE LIMITED WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF Data Resolve FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, USE OR PERFORMANCE OF MobSec. MobSec’s FAILURE TO PERFORM IN ACCORDANCE WITH THE SPECIFICATIONS SHALL NOT BE CONSIDERED A FAILURE OF THE ESSENTIAL PURPOSE OF THE WARRANTIES CONTAINED HEREIN.

 

  1. Limitation of Liability

NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL Data Resolve BE LIABLE TO YOU FOR ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR SAVINGS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION OR DATA) WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE ARISING OUT OF YOUR USE OR INABILITY TO USE MobSec OR THE BREACH OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT, Data Resolve’s AGGREGATE LIABILITY OR DAMAGES TO YOU OR TO ANY OTHER PERSON SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO USE MobSec REGARDLESS OF THE FORM OF THE CLAIMS.

 

  1. Indemnity

If you use or distribute MobSec in violation of this Agreement, you hereby agree to indemnify, hold harmless and defend Data Resolve from and against any and all claims or lawsuits, including attorney’s fees and costs that arise, result from or are connected with the said use or distribution of MobSec in violation of this Agreement.

 

  1. Right to Collect Information

MobSec contains programs that may collect data about your use of the Software. You agree that Data Resolve may collect such data about your use of MobSec and that the data collected through such programs may be used by Data Resolve to monitor your compliance with the terms of this Agreement, to provide you with support services and/or to improve MobSec. You agree that you will not prevent or in any manner restrict the right of Data Resolve to collect such data about your use of MobSec.

 

  1. Support Services

Notwithstanding anything contained anywhere in this Agreement, Data Resolve shall not be responsible to you for the maintenance or for the provision of support services for MobSec under this Agreement.

 

  1. Third Party Software

Portions of MobSec include software with open source licenses from third parties that govern the use of those portions. Nothing contained herein limits the rights and obligations you may have under such open source licenses. However, the disclaimer of warranty and limitation of liability provisions in this Agreement will apply to MobSec as a whole. For details of the open source software included in the Software and the terms of the license for the same, please contact Data Resolve support team.

 

  1. Governing Law & Jurisdiction

This Agreement is governed by the laws of the Republic of India. You agree that any dispute between the parties arising out of or in connection with this Agreement (including any question regarding its existence, validity or termination) shall be submitted exclusively to the competent courts located at Delhi, India to the exclusion of any other court that may have jurisdiction in the matter.

 

  1. Severability

If any part of this License Agreement is found illegal, invalid, or unenforceable by a court of competent jurisdiction, the remainder of this License Agreement shall be interpreted so as to reasonably effect the intention of the parties.

 

  1. Force Majeure

You agree not to hold Data Resolve responsible for any cessation, interruption or delay in the operation of the Software or performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God or the public enemy, war, armed conflict, terrorist action, strike, lockout, boycott, riot, release of hazardous or toxic substances, explosion, accident, or any other causes whether or not of the same class or kind as those specifically above named, which are not within the reasonable control of a party.

 

  1. General

This Agreement is binding on you as well as your employees, contractors, agents and any person who uses the device on which MobSec is installed. This Agreement is also binding on your successors and assignees. This Agreement is the entire agreement between us and supersedes all previous agreements, arrangements, understandings or representations (including advertisement) relating to the subject matter hereof. If any provision of this Agreement is deemed invalid or unenforceable that particular provision will be deemed modified to the extent necessary to make the provision valid and enforceable and the remaining provisions will remain in full force and effect. Any failure or delay by a party to exercise any right or remedy under this Agreement shall not operate as a waiver of that right or remedy.

 

This software is a collective work consisting of the following Open Source components:

 

The following software is licensed under a separate Open Source License. Data Resolve is not affiliated with nor endorsed by any of the above providers:-

 

  1. Apache Tomcat 7 developed by The Apache Software Foundation (http://www.apache.org/) is licensed under Apache License 2.0. Please read the license agreement athttp://www.apache.org/licenses/LICENSE-2.0.html
  2. Postgres Server 9.3 developed by The Postgres Organization (http://www.postgres.org) is licensed under the PostgreSQL License. Please read the license agreement at http://www.postgresql.org/about/licence.html.
  3. YUI 2 developed by Yahoo! Inc. (http://www.yahoo.com) is licensed under a liberal BSD License. Read the license agreement at http://developer.yahoo.com/yui/license.html.
  4. Java Development Kit 7 developed by Oracle Corporation (http://www.oracle.com) is licensed under the Oracle Corporation Binary Code License Agreement. Please read the license agreement at http://www.oracle.com/technetwork/java/javase/terms/license/index.html.
  5. JavaMail API 1.4.4 developed by Oracle Corporation (http://www.oracle.com) is licensed under the Oracle SLA located at http://www.oracle.com/technetwork/java/javase/downloads/jdk-6u21-license-159167.txt.
  6. jFreeChart developed by www.jfreechart.comis licensed under GNU Lesser General Public License(LGPL) Agreement located at http://www.gnu.org/licenses/lgpl.html.
  7. iText developed by iText Software Corp. (California, USA) and 1T3XT BVBA (Ghent, Belgium) (http://www.itextpdf.com) is licensed under the Affero General Public License located athttp://www.itextpdf.com/terms-of-use/agpl.php. h. Java-Json-RPC Library developed by http://java-json-rpc.sourceforge.net/is licensed under the GPL License. Read more about the license athttp://www.gnu.org/licenses/gpl.html.

 

Although this product minimizes the risk of data leakage but does not guarantee 100% protection. To achieve the best results of this software users of endpoint device, should not be given administrative privileges.

 

ACCEPTANCE

BY DOWNLOADING AND INSTALLING THE PROGRAM YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND THAT YOU WILL BE BOUND BY AND COMPLY WITH ALL OF ITS TERMS AND CONDITIONS.