IMPORTANT: READ CAREFULLY BEFORE INSTALLING, DOWNLOADING, COPYING OR USING THE SOFTWARE
END USER SOFTWARE LICENSE
Whereas, the Resumatica is the developer, owner of this Software and has acquired intellectual property rights to this Software which includes any and all versions or variations of this software, any future fixes, updates and upgrades, associated media, printed materials, online or electronic documentation and internet based services and other related documents (hereinafter called `Software`). Resumatica is the owner of the website `Yselection.com`
NOW, THEREFORE, it is hereby agreed as under:
1. COMMENCEMENT & TERMINATION.
1.1 This Agreement is effective from the date YOU install, copy or otherwise use this Software. YOU may terminate this Agreement at any time by permanently deleting, destroying, at YOUR own costs, the Software, all back up copies and all related materials.
1.2 If you fail to comply with any provision of this Agreement, YOUR end user License rights automatically and immediately terminate without notice from Resumatica, In such event, YOU must immediately delete, destroy at YOUR own cost, the Software, all backup copies and all related material.
1.3 Without prejudice to the above, the License Rights shall stand terminated and appropriate action shall be initiated in case of any interference with the License Key file.
2. GRANT OF LICENCE : The Resumatica grants YOU the following Revocable Licence Rights to install, copy and otherwise use this Software provided that YOU comply with the following :
2.1 YOU must be 18 years of age or older and have a contractual capacity to install, copy or otherwise use this software in any manner. YOU represent and warrant to the Resumatica that YOU are 18 years of age or older and have a contractual capacity, and that YOU have the right, authority and capacity to install, copy and use this software.
2.2 The License granted for usage of this Software under this Agreement authorizes YOU a non-exclusive, limited, personal, non-sub licensable, non-assignable license to install and use on a single computer owned and controlled by YOU. This License permits YOU to make copies of the Software in machine readable form for backup archival purposes only which must include all copyright information as contained and in the same form and manner that such copyright and other proprietary notices are originally included on the software and the data produced by the software.
2.3 YOU may install, use, access, display and run one copy of the software on a single computer.
2.4 It is agreed that while importing any data or files on or through the Software by YOU, Resumatica shall not be responsible for any licenses, rights, privacy contracts, data protection, consents, permissions, approvals including all patent, trademark, trade secrets, copyright or other proprietary rights, in and to any and all such files or data as imported by you.
2.5 YOU can choose to solicit the services of our partner Portals to automatically update candidate information within Yselection. Since such updates are sought from partner portals, these requests are directed to partner portals requesting latest updates of respective candidates since the time YOU previously updated them in Yselection. This feature would, on demand, tend to maintain all the Yselection profiles updated, for ever. YOU agree that the Resumatica will not be liable for any breach of privacy of information on the tool/software by technical or any other means.
2.6 A License-File is automatically created and allocated to your installation. It is agreed that You would NOT share your License-File with others and YOU are solely responsible for maintaining confidentiality of the License-File and all activities performed by YOU while using the software.
2.7 The User represents that You are purchasing the software service for your own use and not for resale to others and will not do so without the prior written consent of Resumatica.
3. PROTECTION OF SOFTWARE:
3.1 YOU agree to respect and not to remove, obliterate or cancel from view any copyright, trademark, confidentiality or other propriety notice, mark etc. appearing on the Software or output generated by the Software
3.2 YOU agree not to modify, reverse engineer, disassemble, decompile, alter, duplicate, modify, rent, lease, sub-license, make copies, create derivative works from, distribute or provide others with the Software in whole or in part or otherwise transmit the Software or any portion thereof over a network.
3.3 YOU agree not to attempt to decompile, reverse engineer or hack any part of the Software or to defeat or overcome any encryption; and/or other technical protection method implemented by the Resumatica.
3.4 The Resumatica reserves all rights not expressly granted to YOU by this License. This Software and all rights, without limitation including proprietary rights therein, are protected by copyright and other intellectual Property laws, and treaties and other provisions. The structure, organization and code of the Software are the valuable trade secrets and comprise confidential information. The breach and infringement of the same may attract legal action, liability and consequences under the applicable laws.
4. LIMITATION ON END USER RIGHTS:
4.1 YOU shall not use, modify, translate, reproduce or transfer the right to use the Software or copy the Software except as expressly provided in this Agreement.
4.2 YOU shall not transmit or communicate, promote, endorse in a way that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, implicitly or explicitly offensive, such User Content that engages in, endorses or promotes indecency, racism, bigotry, hatred or physical harm of any kind against any group or individual;
4.3 YOU shall not import any document, access or communicate that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
4.4 YOU shall not transmit, access or communicate any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
4.5 YOU shall not interfere with or disrupt the Software operations in any way.
4.6 YOU shall not intentionally or unintentionally violate any applicable local, state, national or international law including any rules and regulations of any securities exchange, any rules, regulations, requirements, procedures or policies in force from time to time relating to the Software;
4.7 YOU shall not collect any information or communication about the users of the Software by monitoring, interdicting or intercepting any process of or communication initiated by the Software or by developing or using any software or any other process or method that engages or assists in engaging in any modification, deletion, damage, the information contained on the personal computer of any User of this Software;
4.8 YOU agree that the Resumatica has the right to run such advertisements and promotions without any consent obtained by YOU.
4.9 YOU shall not intentionally or unintentionally import `Spoofed` files or junk data.
4.10 YOU shall not import any document which is generated or modified by software.
4.11 YOU shall not change any information in a resume which may damage the employment prospects of a candidate.
4.12 YOU shall not indulge in any action or render assistance to interfere with or in any manner compromise any of the security measures including License Key Files with respect to the Software or any data or file transmitted, processed or stored on or through the Software;
4.14 You shall not indulge in any activity or usage whether intentional or otherwise which disrupts or otherwise interferes with server or services by any means. In such an event, YOUR account shall be blocked, subscription (if any) forfeited and legal action initiated as advised.
4.15 If you consider that you are obligated to act contrary to this Agreement, you agree to intimate us with substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
4.16 Resumatica reserves its rights to block the services without assigning any reasons whatsoever.
5. DISCLAIMER OF WARRANTY:
5.1 The Software is provided on an "as is" basis without any warranties of any kind.
5.2 The Resumatica does not represent or warrant that the Software is without errors or that its servers are free of computer viruses or other harmful mechanisms.
5.3 There is no warranty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non infringement with regard to the Software. In case there is any resultant need for servicing or replacing equipment or data, the Resumatica is not responsible for those costs.
5.4 Though Resumatica has taken all reasonable and due care for processing of data/information to the fullest extent but it does not take responsibility for speed of its services or accuracy of the processed data.
5.5 Resumatica disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose. The Resumatica makes no warranties about the accuracy, reliability, completeness, or timeliness of processed data and the Software.
6. DISCLAIMER/EXCLUSION OF INCIDENTAL, CONSEQUENTIAL & CERTAIN OTHER DAMAGES :
In no event shall the Resumatica, be liable for any damages whatsoever (including, but not limited to) special, incidental, punitive, indirect and/or consequential damages, (including but not limited to) for loss of profits, for personal injury, for loss of privacy, for failure to meet any duty, including, of good faith or reasonable care, for negligence, for any other pecuniary or other loss whatsoever, for loss of confidential or other information, or for damages resulting from lost data or business interruption) resulting from the use or inability to use the software, the provision of or failure to provide support or other services, information, software, and related content through the software or otherwise arising out of the use of the software or otherwise under or in connection with any provision of this license, even in the event of the fault, whether based on warranty, contract, tort, misrepresentations, breach of contract, or any other legal theory, and whether or not the Resumatica is advised of the possibility of such damages.
7. LIMITATION OF LIABILITY:
7.1 YOUR only remedy with respect to any problems or dissatisfaction with the use of this Software is to uninstall the Software and to stop using the Software. However, YOU shall not be entitled to refund of Subscription fee paid (if any) by you.
7.2 Without prejudice to the above, notwithstanding any damages that YOU might incur for any reason whatsoever (including, without limitation, all damages referenced herein in this Licence and all direct or general damages in contract or anything) or any action brought against the Resumatica in any court of law, the maximum liability arising out of this License or use of software, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed Rs.1000 (INR 1000) or the Subscription fee paid, whichever is lesser.
7.3 Resumatica reserves its right to amend/alter or change all or any disclaimers or terms of agreements at any time without any prior notice.
8. GOVERNING LAW & JURISDICTION:
You consent to the exclusive jurisdiction of the courts and
judicial forum in