END USER LICENSE AGREEMENT (EULA)
PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE USING BEANSTALKGUI SOFTWARE ("SOFTWARE"). BY USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE.
1. License Grant
This End User License Agreement ("Agreement") grants you a non-exclusive, non-transferable, limited license to use BeanstalkGUI software, developed by AskarLabs, solely for your personal or internal business purposes in accordance with the terms and conditions set forth herein.
2. Restrictions
You shall not, directly or indirectly: a) Modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative works based on the Software; b) Use the Software for any unlawful or unauthorized purpose; c) Distribute, sublicense, lease, rent, loan or otherwise transfer the Software to any third party; d) Remove, alter or obscure any proprietary notices or labels on the Software.
3. Termination
This Agreement is effective until terminated. AskarLabs may terminate this Agreement at any time without notice if you fail to comply with any of its terms. Upon termination, you shall cease all use of the Software and destroy all copies thereof.
4. Indemnification
You agree to indemnify, defend, and hold harmless AskarLabs, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, expenses, and costs, including reasonable attorney's fees, arising out of or in connection with your use or misuse of the Software, violation of any terms of this Agreement, or infringement of any intellectual property or other rights of any third party.
5. Warranty Disclaimer
The Software is provided on an "as is" basis, without any warranties or conditions, express or implied. AskarLabs disclaims all warranties and conditions, whether expressed or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. AskarLabs does not warrant that the Software will meet your requirements or operate in an uninterrupted or error-free manner. You assume all risks associated with the use of the Software.
6. Limitation of Liability
In no event shall AskarLabs, its affiliates, officers, directors, employees, or agents be liable for any indirect, incidental, special, exemplary, or consequential damages, including but not limited to, damages for loss of profits, data, or other intangible losses, arising out of or in connection with your use or inability to use the Software, even if AskarLabs has been advised of the possibility of such damages. In no event shall the total liability of AskarLabs to you for all damages exceed the amount paid by you for the Software.
7. Amendments to this Agreement
AskarLabs reserves the right, at its sole discretion, to modify or replace this Agreement at any time. Any modifications to this Agreement will be effective immediately upon posting of the updated version on the BeanstalkGUI website or through other means of notification. By continuing to use the Software after any such modifications, you agree to be bound by the revised terms of the Agreement.
8. Modifications to Application
AskarLabs reserves the right to modify, update, or discontinue the Software or any part thereof, at any time and without prior notice. You acknowledge and agree that AskarLabs shall not be liable to you or any third party for any modifications, updates, or discontinuation of the Software.
9. Application Updates
From time to time, AskarLabs may release updates or new versions of the Software, which may include bug fixes, enhancements, or new features. These updates may be automatically downloaded and installed on your device or may require your consent for installation. By using the Software, you consent to the automatic installation of updates and agree to receive such updates when available.
10. Ownership
The Software, including all intellectual property rights therein, is and shall remain the sole property of AskarLabs. You acknowledge and agree that AskarLabs retains all rights, title, and interest in and to the Software, including any updates, modifications, or enhancements made to the Software. This Agreement does not grant you any ownership rights or intellectual property rights in the Software. You shall not remove, alter, or obscure any copyright, trademark, or other proprietary notices on or in the Software. Any feedback, suggestions, or ideas provided by you regarding the Software may be used by AskarLabs without any obligation to compensate you or maintain their confidentiality.
11. Trademarks and Intellectual Property
BeanstalkGUI and AskarLabs logos, trademarks, service marks, and trade names (collectively referred to as "Marks") are the intellectual property of AskarLabs. You acknowledge and agree that you shall not use or display the Marks in any manner that may create confusion or imply endorsement or sponsorship by AskarLabs, without prior written permission. All intellectual property rights in the Software, including but not limited to copyrights, patents, trade secrets, and other proprietary rights, are and shall remain the exclusive property of AskarLabs. This Agreement does not grant you any right, title, or interest in or to the Marks or the intellectual property rights of AskarLabs. You agree to respect and protect the intellectual property rights of AskarLabs and shall not engage in any unauthorized use, reproduction, distribution, or modification of the Software that would infringe upon such rights.
12. Third-Party Trademarks and Intellectual Property
BeanstalkGUI may include or make use of third-party trademarks, logos, or intellectual property ("Third-Party IP") for the purpose of providing enhanced features or functionality. You acknowledge and agree that the ownership and rights to such Third-Party IP are solely held by their respective owners. Your use of BeanstalkGUI does not grant you any ownership or rights in the Third-Party IP. You shall not use, reproduce, modify, or distribute the Third-Party IP without obtaining the necessary permissions or licenses from the respective owners. AskarLabs does not claim any ownership or endorse the Third-Party IP used within BeanstalkGUI. Any reference to third-party trademarks, logos, or intellectual property is purely for informational purposes and does not imply any affiliation, endorsement, or sponsorship. You are solely responsible for ensuring compliance with any applicable third-party terms and conditions associated with the use of their intellectual property within BeanstalkGUI.
13. Use of Open Source Codes
BeanstalkGUI may utilize open source software components or libraries ("Open Source Codes") to provide certain functionalities. The use of Open Source Codes is subject to the terms and conditions of the respective open source licenses under which they are distributed. You acknowledge and agree that the use of Open Source Codes within BeanstalkGUI is governed by the applicable open source licenses, and your use of BeanstalkGUI implies your acceptance of such licenses. You are responsible for complying with the terms of the open source licenses, including any obligations to make the source code of the Open Source Codes available, if required by the respective licenses. AskarLabs disclaims any warranty or liability for the Open Source Codes used within BeanstalkGUI, and your use of the Open Source Codes is at your own risk. AskarLabs shall not be responsible for any claims, damages, or liabilities arising from your use of the Open Source Codes.
14. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of India. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the courts of India (Mumbai).
By using the BeanstalkGUI software, you acknowledge that you have read and understood this Agreement and agree to be bound by its terms and conditions.