Terms
and Conditions
Terms and Conditions for Limited Preview Release and Trial
Read the following terms and conditions carefully before installing the software ‘Presentable’ provided with this agreement (the “Software”). Use of the Software constitutes your acceptance of the terms of this agreement and the enforceability of the agreement against you.
This Software License Agreement (the “Agreement”) describes the rights granted Presentable Digital Creatives Private Limited [“Presentable”, “Us”, “Our”] located at WeWork BlueOne Square, Gurugram, Haryana - 122016 (“Licensor”) to any person or entity (“Licensee”, “you” or “your”) using Software under our brand name ‘Presentable’ provided by us as part of software trial program. The Software ‘Presentable’ includes scripts, compiled code, supporting components, and documentation and are collectively referred to as the “Licensed Software”. Both Licensor and Licensee are referred to hereinafter as a “Party” and collectively as the “Parties” to this Agreement.
Section 1 – Conditional Grant
Unless you accept all the terms and conditions of this Agreement, you receive no rights or licenses hereunder. The Licensed Software are copyrighted and are licensed, not sold to you. If you are not willing to be bound by the terms of this Agreement, do not install, copy or use the Licensed Software.
Section 2 – Warranty Disclaimer. NO WARRANTIES
LICENSOR MAKE NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, OR ANY OTHER GUARANTEES OR CONDITIONS WITH RESPECT TO USE OF THE LICENSED SOFTWARE. LICENSEE’S USE OF THE LICENSED SOFTWARE IS AT LICENSEE’S OWN RISK. LICENSOR PROVIDES THE LICENSED SOFTWARE ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” LICENSOR DOES NOT GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM, OR PROCESSED BY, THE LICENSED SOFTWARE. TO THE EXTENT PERMITTED UNDER LAW, LICENSOR EXCLUDES ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, DATA ACCURACY, AND NON-INFRINGEMENT. NO GUARANTEE OF UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OPERATION IS MADE. LICENSEE IS ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION, AND NOT TO USE THE SOFTWARE IN A PRODUCTION ENVIRONMENT.
Section 3 – Feedback
It is expressly understood, acknowledged and agreed that you shall provide Us reasonable suggestions, comments and feedback regarding the Licensed Software, including but not limited to usability, bug reports and test results, with respect to Licensed Software testing (collectively, "Feedback"). If you provide such Feedback to Us, you shall grant us the following worldwide, non-exclusive, perpetual, transferable, irrevocable, royalty free, fully paid up rights: (i) to make, use, copy, modify, sell, distribute, sub-license, and create derivative works of, the Feedback as part of any product, technology, service, specification or other documentation developed or offered by Us (individually and collectively, "Licensor’s Products"). Further, you represent and warrant that your Feedback is not subject to any license terms that would purport to require Licensor to comply with any additional obligations with respect to any Licensor’s Products that incorporate any Feedback.
Section 4 – Confidentiality
The Licensed Software, including documentation, are proprietary. They shall be treated as the confidential information of Licensor and shall be used by Licensee solely for trial or demo use of the Licensed Software. Licensee shall exercise the same degree of care with regard to the protection of the Licensed Software as it uses in protecting and preserving its own confidential and proprietary information and shall restrict distribution of the Licensed Software to only those employees who are subject to an obligation to keep such information confidential. THIS RELEASE OF THE LICENSED SOFTWARE SHALL NOT BE REDISTRIBUTED OR PUBLISHED IN WHOLE OR IN PART TO ANY THIRD PARTY. You therefore agree not to transfer, copy, disclose, provide or otherwise make available such proprietary information in any form to any third party without Our prior written consent.
Section 5 – Limitation of Liability
ANY LIABILITY ARISING UNDER THIS LICENSE, WHETHER UNDER ANY THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO DIRECT DAMAGES ONLY. LICENSOR SHALL HAVE NO LIABILITY TO LICENSEE OR TO ANY THIRD PARTY, FOR ANY INCIDENTAL, PUNITIVE, INDIRECT, OR SPECIAL CONSEQUENTIAL DAMAGES, OR FOR LOST REVENUES, LOST DATA, OR COST OF SUBSTITUTE GOODS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIABILITY FOR LICENSED SOFTWARE FROM THIRD PARTIES IS EXPLICILTLY DISCLAIMED AND LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE AGGREGATE LIABILITY OF LICENSOR UNDER THIS AGREEMENT SHALL NOT EXCEED INR 2,000/-.
Section 6 – Indemnification
You agree that You shall defend, indemnify and hold Us and each of employees, directors harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) Your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) Your use or misuse of the Software.
Section 7 – License
a) License Grant. Subject to the terms and conditions of this Agreement, Licensor hereby grants Licensee a worldwide, non-transferable, royalty-free, non-exclusive license to download and install the Licensed Software on Licensee’s own premises, and permit only Licensee to use the Licensed Software, solely for Licensee’s own internal trial of the Licensed Software during the time period specified by Us/Licensor to evaluate the trial version on your computer system to verify its usefulness and functionality before purchasing a license.
b) For the purposes of this Agreement, the right to “use” the Licensed Software shall include the right to utilize, run, access, store, copy, and display the Licensed Software internally in Licensee’s non-production environment to evaluate the trial version on your computer system to verify its usefulness and functionality before purchasing a license. No right or license is granted or agreed to be granted to disassemble, benchmark or decompile Licensed Software furnished in object code form, and Licensee agrees not to engage in any such conduct or permit any third-party to engage in such conduct. No right or license is granted to distribute, publish, re-sell, sub license, or disclose the Licensed Software or to conduct or permit any third party to conduct any benchmarking or other testing under this Agreement. Reverse engineering of Licensed Software provided in object code form is prohibited.
c) Use of some open source and third party software applications or components included in or accessed through the Licensed Software may be subject to other terms and conditions found in a separate license agreement, terms of use or “Notice” file located at the download page. The Licensed Software may be accompanied by additional software components solely to enable the Licensed Software to operate as designed. Licensee is not permitted to use such additional software independently. Do not use any third party code unless you agree with the applicable license terms for that code. Your use of any third party software (including open source) will be governed the applicable license agreements, if any, between you and such third parties. We shall have no warranty, support, maintenance, or other obligations or liability under this Agreement with respect to such third party software.
d) Title. Title to and ownership of the Licensed Software shall at all times remain with Licensor. Except for the express licenses granted herein, no rights or licenses shall be deemed granted by implication, estoppel, or otherwise. The SOFTWARE IS COPYRIGHTED AND TITLE TO THE SOFTWARE AND ALL INTELLECTUAL PROPERTY RIGHTS ARE RETAINED BY US AND/OR OUR LICENSORS, AS THE CASE MAY BE.
Section 8 – Term and Termination
Your rights to the Licensed Software for trial or demo version will continue for the limited time period specified by Us or Licensor. No rights to use the production release of the Licensed Software are provided by this Agreement. Notwithstanding the foregoing, either Party may terminate this Agreement at any time for any reason or no reason by providing the other party written notice thereof. Upon any expiration or termination of this Agreement, the rights and licenses granted to you under this Agreement shall immediately terminate, and you shall immediately cease using and delete the Licensed Software. In the event of any expiration or termination of this Agreement, its Confidentiality provision, disclaimers of Our representations and warranties, Our rights with respect to Feedback, and limitations of liability shall survive.
Section 9 – Applicable Law
This Agreement shall be exclusively governed by and construed in accordance with the laws of India. If any dispute occurs with you under this Agreement, then Courts in Gurugram shall be the exclusive jurisdictional court.
Section 10 – No Support
Licensor shall have no obligation to
support the Licensed Software.
Terms and Conditions
Terms and Conditions for Limited Preview Release and Trial
Read the following terms and conditions carefully before installing the software ‘Presentable’ provided with this agreement (the “Software”). Use of the Software constitutes your acceptance of the terms of this agreement and the enforceability of the agreement against you.
This Software License Agreement (the “Agreement”) describes the rights granted Presentable Digital Creatives Private Limited [“Presentable”, “Us”, “Our”] located at WeWork BlueOne Square, Gurugram, Haryana - 122016 (“Licensor”) to any person or entity (“Licensee”, “you” or “your”) using Software under our brand name ‘Presentable’ provided by us as part of software trial program. The Software ‘Presentable’ includes scripts, compiled code, supporting components, and documentation and are collectively referred to as the “Licensed Software”. Both Licensor and Licensee are referred to hereinafter as a “Party” and collectively as the “Parties” to this Agreement.
Section 1 – Conditional Grant
Unless you accept all the terms and conditions of this Agreement, you receive no rights or licenses hereunder. The Licensed Software are copyrighted and are licensed, not sold to you. If you are not willing to be bound by the terms of this Agreement, do not install, copy or use the Licensed Software.
Section 2 – Warranty Disclaimer. NO WARRANTIES
LICENSOR MAKE NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, OR ANY OTHER GUARANTEES OR CONDITIONS WITH RESPECT TO USE OF THE LICENSED SOFTWARE. LICENSEE’S USE OF THE LICENSED SOFTWARE IS AT LICENSEE’S OWN RISK. LICENSOR PROVIDES THE LICENSED SOFTWARE ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” LICENSOR DOES NOT GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM, OR PROCESSED BY, THE LICENSED SOFTWARE. TO THE EXTENT PERMITTED UNDER LAW, LICENSOR EXCLUDES ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, DATA ACCURACY, AND NON-INFRINGEMENT. NO GUARANTEE OF UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OPERATION IS MADE. LICENSEE IS ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION, AND NOT TO USE THE SOFTWARE IN A PRODUCTION ENVIRONMENT.
Section 3 – Feedback
It is expressly understood, acknowledged and agreed that you shall provide Us reasonable suggestions, comments and feedback regarding the Licensed Software, including but not limited to usability, bug reports and test results, with respect to Licensed Software testing (collectively, "Feedback"). If you provide such Feedback to Us, you shall grant us the following worldwide, non-exclusive, perpetual, transferable, irrevocable, royalty free, fully paid up rights: (i) to make, use, copy, modify, sell, distribute, sub-license, and create derivative works of, the Feedback as part of any product, technology, service, specification or other documentation developed or offered by Us (individually and collectively, "Licensor’s Products"). Further, you represent and warrant that your Feedback is not subject to any license terms that would purport to require Licensor to comply with any additional obligations with respect to any Licensor’s Products that incorporate any Feedback.
Section 4 – Confidentiality
The Licensed Software, including documentation, are proprietary. They shall be treated as the confidential information of Licensor and shall be used by Licensee solely for trial or demo use of the Licensed Software. Licensee shall exercise the same degree of care with regard to the protection of the Licensed Software as it uses in protecting and preserving its own confidential and proprietary information and shall restrict distribution of the Licensed Software to only those employees who are subject to an obligation to keep such information confidential. THIS RELEASE OF THE LICENSED SOFTWARE SHALL NOT BE REDISTRIBUTED OR PUBLISHED IN WHOLE OR IN PART TO ANY THIRD PARTY. You therefore agree not to transfer, copy, disclose, provide or otherwise make available such proprietary information in any form to any third party without Our prior written consent.
Section 5 – Limitation of Liability
ANY LIABILITY ARISING UNDER THIS LICENSE, WHETHER UNDER ANY THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO DIRECT DAMAGES ONLY. LICENSOR SHALL HAVE NO LIABILITY TO LICENSEE OR TO ANY THIRD PARTY, FOR ANY INCIDENTAL, PUNITIVE, INDIRECT, OR SPECIAL CONSEQUENTIAL DAMAGES, OR FOR LOST REVENUES, LOST DATA, OR COST OF SUBSTITUTE GOODS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIABILITY FOR LICENSED SOFTWARE FROM THIRD PARTIES IS EXPLICILTLY DISCLAIMED AND LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE AGGREGATE LIABILITY OF LICENSOR UNDER THIS AGREEMENT SHALL NOT EXCEED INR 2,000/-.
Section 6 – Indemnification
You agree that You shall defend, indemnify and hold Us and each of employees, directors harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) Your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) Your use or misuse of the Software.
Section 7 – License
a) License Grant. Subject to the terms and conditions of this Agreement, Licensor hereby grants Licensee a worldwide, non-transferable, royalty-free, non-exclusive license to download and install the Licensed Software on Licensee’s own premises, and permit only Licensee to use the Licensed Software, solely for Licensee’s own internal trial of the Licensed Software during the time period specified by Us/Licensor to evaluate the trial version on your computer system to verify its usefulness and functionality before purchasing a license.
b) For the purposes of this Agreement, the right to “use” the Licensed Software shall include the right to utilize, run, access, store, copy, and display the Licensed Software internally in Licensee’s non-production environment to evaluate the trial version on your computer system to verify its usefulness and functionality before purchasing a license. No right or license is granted or agreed to be granted to disassemble, benchmark or decompile Licensed Software furnished in object code form, and Licensee agrees not to engage in any such conduct or permit any third-party to engage in such conduct. No right or license is granted to distribute, publish, re-sell, sub license, or disclose the Licensed Software or to conduct or permit any third party to conduct any benchmarking or other testing under this Agreement. Reverse engineering of Licensed Software provided in object code form is prohibited.
c) Use of some open source and third party software applications or components included in or accessed through the Licensed Software may be subject to other terms and conditions found in a separate license agreement, terms of use or “Notice” file located at the download page. The Licensed Software may be accompanied by additional software components solely to enable the Licensed Software to operate as designed. Licensee is not permitted to use such additional software independently. Do not use any third party code unless you agree with the applicable license terms for that code. Your use of any third party software (including open source) will be governed the applicable license agreements, if any, between you and such third parties. We shall have no warranty, support, maintenance, or other obligations or liability under this Agreement with respect to such third party software.
d) Title. Title to and ownership of the Licensed Software shall at all times remain with Licensor. Except for the express licenses granted herein, no rights or licenses shall be deemed granted by implication, estoppel, or otherwise. The SOFTWARE IS COPYRIGHTED AND TITLE TO THE SOFTWARE AND ALL INTELLECTUAL PROPERTY RIGHTS ARE RETAINED BY US AND/OR OUR LICENSORS, AS THE CASE MAY BE.
Section 8 – Term and Termination
Your rights to the Licensed Software for trial or demo version will continue for the limited time period specified by Us or Licensor. No rights to use the production release of the Licensed Software are provided by this Agreement. Notwithstanding the foregoing, either Party may terminate this Agreement at any time for any reason or no reason by providing the other party written notice thereof. Upon any expiration or termination of this Agreement, the rights and licenses granted to you under this Agreement shall immediately terminate, and you shall immediately cease using and delete the Licensed Software. In the event of any expiration or termination of this Agreement, its Confidentiality provision, disclaimers of Our representations and warranties, Our rights with respect to Feedback, and limitations of liability shall survive.
Section 9 – Applicable Law
This Agreement shall be exclusively governed by and construed in accordance with the laws of India. If any dispute occurs with you under this Agreement, then Courts in Gurugram shall be the exclusive jurisdictional court.
Section 10 – No Support
Licensor shall have no obligation to support the Licensed Software.