END USER LICENSE AGREEMENT (EULA)
UPDATED DATE: AUGUST 2022
SCOPE
This document ("terms of use") is an agreement Elena
Geo Systems private limited software license agreement
Important legal notice to all users:
Carefully read the following legal agreement before you
start using the software.
This end user license agreement ("agreement") is a
legal agreement between you (either an individual or, if
purchased or otherwise acquired by or for an entity, an
entity who uses the software (as defined herein below)
of the company (hereinafter referred to as the
"user/you/your") and Elena Geo Systems private
limited (herein after referred to as
"Elena/company/we/us/our" which expression shall,
unless the context requires otherwise, mean and
include its successors and permitted assigns).
By accepting to this agreement or by entering
corresponding symbol(s) you consent to be bound by
the terms and conditions of this agreement. Such
action is a symbol of your signature, and you are
consenting that you have read and understood this
agreement and agree to be bound by the agreement.
You agree that you are becoming a party to this
agreement and agree that this agreement is enforceable
like any written negotiated agreement signed by you.
If you do not agree with the terms and conditions of
this agreement, do not continue the installation
process and delete or destroy all copies of the software
in your possession.
In the event a license contract or similar document is
accompanied with the software, terms of the use of the
software as detailed in such document, this end user
license agreement shall be read along with such
similar document.
After clicking the accept button in the agreement
window or after entering corresponding symbol(s) you
have the right to use the software in accordance with
the terms and conditions of this agreement.
The company reserves the right, at its sole discretion,
to change, modify, add or remove portions of terms of
this agreement, at any time.
It is your responsibility to check the terms of this
agreement periodically for changes. Every access by
you of the platform will mean that you have agreed to
accept and adhere to the terms of this agreement as
amended and applicable at such time.
The company retains the right to deny access to the
software to anyone whom it believes has violated any of
the terms of this agreement or for any reason
whatsoever at its sole discretion.
.
Elena and the User are hereinafter collectively referred
to as the "Parties" and individually as "Party".
Definitions
"Computer(s)" means combination of hardware(s),
including personal computers, laptops, workstations,
personal digital assistants, 'smartphones', hand-held
devices, or other electronic devices, and operating
system(s) (including system virtual machines) for
which the Software is designed and will be installed
and/or used.
- "User" means an individual(s) installing or using the
Software on his or her behalf or who is legally using
a copy of the Software; or, if the Software is being
downloaded or installed on behalf of an organization,
such as an employer.
- "Partner(s)" means organizations or individual(s),
who distributes the software based on an agreement
and license with the vendor.
- "Update(s)" means all upgrades, revisions, patches,
enhancements, fixes, modifications, copies,
additions or maintenance packs and so forth.
- "User Manual" means user manual, administrator
guide, reference book and related explanatory or
other materials and this is updated when necessary.
- "License" shall have the meaning ascribed to it in
clause 2.1 below
- "License Key" is a unique set of characters, used for
activation the Software
- "Web-Portal" means services provided by Elena and
used for management of the installed Software and
granted Licenses, as well as to obtain and store
information collected from the Software and for
contacting technical support.
GRANT OF LICENSE
- The given license grants permission to use the
software on a specified number of Computers to
assist in protecting them, from threats described in
the User Manual, according to all technical
requirements specifications.
- You have the right to use the Software for protection
of the number of Computer(s) as mentioned in Your
License.
- You lose the right to use the Software or when your
license expires or is terminated for any other reason
according to the legislation in force in the country of
your principal residence or in the country where you
are using the Software.
- From the time of the software activation, you have
the right to receive the following services from Elena
Geo Systems or its partners for the period specified
in the License.
- Updates of the software via the Internet when and as
the company publishes them on its website or
through other online services.
- Any updates that you may receive become part of the
Software and the terms and conditions of this
Agreement apply to them.
- Technical support via the internet and telephone.
- Access to information and auxiliary resources of the
Company.
- Elena reserves the right, in its sole discretion, to
terminate the access to the Software or any portion
thereof at any time, without notice, for general
maintenance or any reason what so ever.
- The Company's services offered to the User
conditioned on acceptance without modification of
all the terms, conditions and notices contained in
this Agreement.
- It is clarified, for the removal of doubts that the
usage of the Software by the user constitutes an
acknowledgement and acceptance by the User of this
Agreement. If the user does not agree with any part
of such terms, conditions and notices, the User must
not use the Software.
- The User agrees that they shall not distribute
exchange, modify, sell or transmit anything from the
Software, including but not limited to any text,
images, audio and video, for any business,
commercial or public purpose.
ACTIVATION AND TERM
- This agreement will become valid and binding when
the user has acknowledged and accepted all the
terms and conditions herein.
- The Company will require the User to indicate
his/her agreement by selecting a particular
checkbox and clicking a specific button during the
process of registering for the use of the software and
some of its components provided by third parties.
- If you modify your computer or make changes to
other vendors' software installed on it, you may be
required by the company to repeat activation of the
Software. The company reserves the right to use any
means and verification procedures to verify the
validity of the License and legality of a copy of the
Software installed and used on Your Computer.
- You have the right to use a trial version of the
Software as provided above without any charge for
the single applicable evaluation period (30 days)
from the time of the Software activation. If the
company sets another duration for the single
relevant evaluation period, they will inform you of
such modified term.
- You have the right to use a trial version of the
Software as provided above without any charge for
the single applicable evaluation period (30 days)
from the time of the Software activation. If the
company sets another duration for the single
relevant evaluation period, they will inform you of
such modified term.
- Software functionality depends on the type of license
used.
- To check the legitimacy of the Software used the
Company reserves the right to use means to verify
that you have a licensed copy of the Software. The
Software can transmit license information needed to
confirm the legitimacy of the Software to the
Company. If it cannot perform the check for a
specified period, the Software will work with limited
functionality.
- You agree that in using the Software and in using
any report or information derived as a result of using
this Software, You will comply with all applicable
international, national, state, regional and local laws
and regulations, including, without limitation,
privacy, copyright, export control and obscenity law.
- Except as otherwise explicitly provided herein, you
may not transfer or assign any of the rights granted
to you under this Agreement or any of Your
obligations pursuant hereto.
TERMINATION
The Parties agree and acknowledge that:
The Company may terminate this Agreement at the
option of the Company without notice in the event of a
breach of the terms of this Agreement by the User.
The User may terminate this Agreement with a prior
notice of 30 (Thirty) Days to the Company.
Consequences of Termination:
The Parties agree and
acknowledge that, upon termination of this Agreement
for any reason, the User understands and accepts that
the Company will have no further obligation to provide
access to the Software and all licenses and other rights
granted to the User under this Agreement shall cease
immediately.
TECHNICAL SUPPORT
The technical support described in above of this
Agreement is provided to you when the latest Update of
the Software is installed. Technical support service
User's data, specified on Web-Portal, can be used by
support specialists only when processing User
requests.
INFORMATION COLLECTION
When activating the Software by the activation code, to
collect statistical information on the distribution and
use of Elena’s products, you agree to provide the
following information during the use of the Software
automatically:
The version of the installed Software, including the
updates, installation ID and information about current
License,
The operating system version,
Identifiers of the Software components that are active
at the time of information provision.
To improve (i) security awareness about new threats
and their sources and (ii) Your security protection
level, Elena, with Your consent may collect information
regarding threats, security information and allied
Computer environmental information for Elena Cloud
services. You may activate or deactivate the Elena
Cloud services any time in the Software options page.
You further acknowledge and agree that any
information voluntarily provided by the company to
Elena, can be used to track and publish reports on
security risk trends in the company's sole and
exclusive discretion.
LIMITATIONS
You shall not emulate, clone, exploit, rent, lend, lease,
sell, modify, decompile, or reverse engineer the
Software or disassemble or create derivative works
based on the Software or any portion thereof with the
sole exception of a non-waivable right granted to You
by applicable legislation.
You shall not otherwise reduce any part of the
Software to human readable form or transfer the
licensed Software, or any subset of the licensed
Software, nor permit any third party to do so, except to
the extent applicable law expressly prohibits the
foregoing restriction. Neither Software's binary code
nor source may be used or reverse engineered to recreate
the program algorithm, which is proprietary. All
rights not expressly granted herein are reserved by
Elena and its suppliers, as applicable.
Any such unauthorized use of the Software shall result
in immediate and automatic termination of this
Agreement and the License granted hereunder and
may result in criminal and civil prosecution against
you.
You shall not transfer the rights to use the Software to
any third party.
You shall not provide the activation code and license
key to third parties or allow third parties access to the
activation code, and License Key deemed confidential
data of Elena
You shall not rent, lease or lend the Software to any
third party. If you breach any of the terms and
conditions of this Agreement, the company will block
your license key.
The User agrees and acknowledges to the Companythat it shall:
Not: market the Software whether directly or indirectly
to be any person on such terms acceptable to the
Elena
Not: to combine or integrate the Software with any
other software or technologies not approved by Elena
or provided by the Elena, or modify, further develop or
create any derivative product based on the preceding.
Not: Violate any local, state, national or international
law while accessing the Software;
Not: Impersonate any person or entity, or otherwise
misrepresent the User's affiliation with a person or
entity.
Not: Use the Software or any other information
received from the Company or any of its affiliates for
any other purpose other than in the manner as
permitted under this Agreement.
Not: Make any false or inaccurate representations to
any person concerning the Software.
Not: Translate any portion of the Software into any
other format or language;
Not: To remove any copyright notices, trademark
notices or any private proprietary labels from the
Software.
Not: Reproduce the trademarks of the Company about
the Software or the name of the Company or any
design or logo connected therewith or any part thereof.
Not: Publish, cause or permit to publish, any
advertising referring in any way to the Company or the
SOFTWARE
LIMITED WARRANTY AND DISCLAIMER
Elena guarantees that the Software will substantially
perform according to the specifications and
descriptions outlined in the User Manual provided
however that such limited warranty shall not apply to
the following:
Your Computer's deficiencies and related infringement
for which Elena’s expressly disclaims any warranty
responsibility:
Malfunctions, defects, or failures resulting from
misuse; abuse; accident; neglect; improper installation,
operation or maintenance; theft; vandalism; acts of
God; acts of terrorism; power failures or surges;
casualty; alteration, non-permitted modification, or
repairs by any party other than Elena’s or any other
third parties' or Your actions or causes beyond Elena’s
reasonable control;
Any defect not made known by you to Elena as soon as
possible after it first appears; and
Incompatibility caused by hardware and software
components installed on your computer.
You acknowledge, accept and agree that no Software is
error free and you are advised to back-up the
Computer, with frequency and reliability suitable for
you.
Elena does not provide any guarantee that the software
will work correctly in case of violations of the terms
described in this agreement.
Elena does not guarantee the correct working of the
Software if you do not regularly download updates
specified above.
Elena does not guarantee protection from the threats
after the expiration of the license period or after
termination of the license for any reason.
You acknowledge that by default Elena’s recommended
settings are applied to the Software and that it is your
sole responsibility to configure the Software to satisfy
your requirements.
The Parties agree and acknowledge that the
submission of any information through the Software
and the download, installation and use of any
additional software is at the discretion of the User at
his/her discretion and risk.
The User shall be solely responsible for any damage to
the computer system or loss of data that may result
from such activities or reliance upon the Software.
The Parties agree and acknowledge that Elena is not
the provider of any third party software, and Elena
makes no warranties concerning all third-party
software, third-party intellectual property rights and
third-party offerings.
THE SOFTWARE IS PROVIDED "AS IS", AND ELENA
MAKES NO REPRESENTATION AND GIVES NO
WARRANTY AS TO ITS USE OR PERFORMANCE.
EXCEPT FOR ANY WARRANTY, CONDITION,
REPRESENTATION OR TERM, THE EXTENT TO
WHICH CANNOT BE EXCLUDED OR LIMITED BY
APPLICABLE LAW, ELENA AND ITS PARTNERS MAKE
NO WARRANTY, CONDITION, REPRESENTATION, OR
TERM (EXPRESSED OR IMPLIED, WHETHER BY
STATUTE, COMMON LAW, CUSTOM, USAGE OR
OTHERWISE) AS TO ANY MATTER INCLUDING,
WITHOUT LIMITATION, NON-INFRINGEMENT OF
THIRD PARTY RIGHTS, MERCHANTABILITY,
SATISFACTORY QUALITY, INTEGRATION, OR
APPLICABILITY FOR A PARTICULAR PURPOSE. YOU
ASSUME ALL FAULTS, AND THE ENTIRE RISK AS TO
PERFORMANCE AND RESPONSIBILITY FOR
SELECTING THE SOFTWARE TO ACHIEVE YOUR
INTENDED RESULTS, AND FOR THE INSTALLATION
OF, USE OF, AND RESULTS OBTAINED FROM THE
SOFTWARE. WITHOUT LIMITING THE FOREGOING
PROVISIONS, ELENA MAKES NO REPRESENTATION
AND GIVES NO WARRANTY THAT THE SOFTWARE
WILL BE ERROR-FREE OR FREE FROM
INTERRUPTIONS OR OTHER FAILURES OR THAT THE
SOFTWARE WILL MEET ANY OR ALL YOUR
REQUIREMENTS WHETHER OR NOT DISCLOSED TO
ELENA
If you have questions or concerns regarding this policy,
or would like to update information we have about you
or your preferences, please contact us
Email : info@elenageosystems.com
Phone : 080-23554555 | 9384864422
Fax No : +91 80 23554411
Corporate HQ
No 62/1, 1st Cross, 2nd Main,
Ganganagar,
Bangalore,
Karnataka, India, 560032