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 the 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, the MobSec).
1. Scope of AgreementIf you are installing the MobSec merely for the purpose of evaluating the performance of the same, the MobSec will consist of an evaluation version of the MobSec . Else, the 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, tabor such like device, which is need endpoint device control, browser control and application control.
If you are installing the evaluation version of the MobSec on one of your such devices to evaluate the performance of the MobSec, this Agreement applies to the installation and / or use of the evaluation version of the MobSec on that particular device.
If you are installing the MobSec Server Software on one of your servers, this Agreement applies to the installation and / or use of the MobSec Server Software on that particular server.
If you are installing the MobSec Business agent on your device which needs endpoint device control, productivity monitoring and application control, this Agreement applies to the installation and / or use of the MobSec Client Software on that particular device.
2. Grant of License
2.1 If you are installing and / or using the evaluation version of the 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 the MobSec in binary object code form, for trial and evaluation of the performance of the MobSec. This license is valid for a maximum period of seven (7) days from the installation of the evaluation version of the 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 the MobSec (any version) beyond the Evaluation Period, you should stop using the MobSec and / or its functionality and delete all the copies of the MobSec including the evaluation version installed in your device forthwith on the expiry of the Evaluation Period. Subsequent downloads of the evaluation version of the 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 the MobSec Server Software or the 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 the MobSec Server Software / the 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, the 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 Sofware 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 the MobSec Business application must be performed only on devices owned by the organization. Usage of the MobSec client software is not allowed on personal devices unless there is a written consent provided by the employee for the same.
3. Restrictions on Use
You may only install and use one copy of the MobSec on one server or device, as the case may be.
You may not use the MobSec beyond the period for which you have obtained a license. You may install or use the 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 the MobSec through any network or communication line. The rights under this Agreement are personal to you and the functionality of the 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 the MobSec .
You may not modify any portion of the MobSec or merge or integrate any portion of the MobSec into/with any other program.
You may not translate, decompile, disassemble or reverse engineer the MobSec or do anything to obtain underlying information that is not visible to the user in connection with normal use of the MobSec.
You may not display the MobSec's object code on any device screen or make any hardcopy memory dump of the MobSec's object code.
You may not remove, alter or conceal any copyright or other intellectual property notices from any copy of the MobSec or any of written materials, if any, accompanying it.
4. Ownership of the MobSec
The 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.
5. Warranty & Disclaimer
Data Resolve WARRANTS THAT IT HOLDS ALL RIGHT, TITLE AND INTEREST IN AND TO THE MobSec OR THAT IT IS OTHERWISE ENTITLED TO PROVIDE THE MobSec TO YOU ON THE TERMS CONTAINED HEREIN.
Data Resolve WARRANTS THAT THE 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. THE 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 THE MobSec WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE MobSec WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS IN THE 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 THE MobSec . THE 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.
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 THE 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 THE MobSec REGARDLESS OF THE FORM OF THE CLAIMS.
If you use or distribute the 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 the MobSec in violation of this Agreement.
8. Right to Collect Information
The 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 the 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 the 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 the MobSec.
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 the MobSec under this Agreement.
10. Third Party Software
Portions of the 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 the 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.
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.
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.
This Agreement is binding on you as well as your employees, contractors, agents and any person who uses the device on which the 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. Dataresolve Technologies is not affiliated with nor endorsed by any of the above providers:-
a. 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
b. 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.
c. 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.
d. 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 .
e. JavaMail API 1.4.4 developed by Oracle Corporation (http://www.oracle.com) is licensed under the Oracle SLA located at https://cds.sun.com/is-bin/INTERSHOP.enfinity/WFS/CDS-CDS_Developer-Site/en_US/-/USD/ViewLicense-Start?LicenseUUID=aaWJ_hCwJjsAAAEtU.wADqlv&ProductUUID=OC6J_hCxCAQAAAEtuQQg.6ly&cnum=&evsref=&sln .
f. jFreeChart developed by www.jfreechart.com is licensed under GNU Lesser General Public License(LGPL) Agreement located at http://www.gnu.org/licenses/lgpl.html.
g. 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 at http://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.