License Terms – Quality Management System

LIVE!QC TOOLS SOFTWARE END-USER LICENSE AGREEMENT

Use of Live! QC Tools Software (referred also here on as ‘Software’, ‘Product’) is Subject to The Terms and Conditions of this License Agreement, accepted as provided, upon Installation of this Software.

By installing Live! QC Tools on a computer and agreeing to this License Agreement during the installation process, you and/or your Company/ Legal Entity/ Organization/Firm/Trust/Government/Non-Government Undertaking are provided the License to use the Software subject to this agreement, and payment of necessary fee, as the Licensee.

The terms and conditions of this License Agreement may be subject to changes as published on website www.liveqctools.com The updated version provided therein shall be complied with from time to time for the continued usage of the Software.

THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE AND NONINFRINGEMENT. THE SOFTWARE IS PROVIDED AS “LICENSE TO USE” AND NOT AS OWNERSHIP / ENTITLEMENT TO THE SOFTWARE. THE SOFTWARE IS PROVIDED UNDER LICENSE TO USE BY THE DEVELOPER AND OWNER, EGS COMPUTERS INDIA PRIVATE LIMITED. THE SOFTWARE SHALL BE USED IN ACCORDANCE WITH THE DEFINITIONS, PRINCIPLES AND GOVERNANCE AS PROVIDED IN INFORMATION TECHNOLOGY ACT 2000 OF THE GOVERNMENT OF INDIA. UNDER NO CIRCUMSTANCES SHALL THE AUTHORS OR COPYRIGHT HOLDERS OR DIRECTORS OR EMPLOYEES OF E G S COMPUTERS INDIA PRIVATE LIMITED HAVING ITS REGISTERED OFFICE AT 32/16 FIFTH STREET, ‘DESIGN TOWERS’, DR SUBBARAYAN NAGAR, KODAMBAKKAM, CHENNAI 600024 TAMIL NADU, INDIA, BE LIABLE FOR ANY CLAIM, DAMAGES OR LIABILITY, WHETHER IN AN ACTION OF CONTRACT, USAGE OF SOFTWARE OR ARISING OUT OF OUTPUT OF THE SOFTWARE OR ANY OTHER ASPECT CONCERNING THE SOFTWARE, DIRECTLY OR INDIRECTLY.

Standalone License permits the Licensee to install the Software on one computer, at any point of time, for every Standalone License purchased. Transfer of standalone license from one computer to another computer is subject to the transfer procedures, guidelines and policies of the Licensor, including but not limited to, the submission of documents with proof for reasons of transfer, grant of permission by Licensee to Licensor to verify compliance of License Installation and Usage according to Terms of usage stated in this License Agreement. Standalone License is a device based license for use on computer authorized by license activation.
Network License permits Network License administration software to be installed on a computer intended to serve the purpose of license administration. Such a computer can also be used as a user computer for client side usage of Software. The number of concurrent/ simultaneous users using the Software shall not exceed the number of licenses authorized for the specific version of Software by the Licensor. Licensee shall keep records of computers used to install Software and maintain updated records of installation, usage, uninstallation at any point in time. Licensee shall furnish such records at the written request of Licensor within three working days of receipt of such request. Network License administration requires the computer having the network license installed to be accessible at all time the Software is in use, by client user computer In order to administer and monitor license usage actively. If the network license connectivity is not accessible the end user computer may not be able to be used to operate the software that could result in data and usage loss. Licensor is not liable for such loss. Addition of licenses to an existing Network License can be done on payment of necessary fee for the version of existing Network License used for adding such licenses. Decrement of licenses on Network can be done by payment of necessary fee by the Licensee, with the written consent for forfeiture of license permanently, by the Licensee. There shall be no refund of payment for such licenses forfeited. Separation of licenses from Network license to Standalone license for the Software version authorized can be done upon payment of necessary fee with written consent.
Date and Time stamp on the computers used for Licensing Software shall be synchronized with Internet Date and Time for the specified location. This has to be ensured by the Licensee at all times.
License for usage is granted only for the geographical location of usage specified by the Licensee at the time of purchase. Change of Location may constitute a violation of License Agreement unless approved in writing by the Licensor.
Software is provided on a Server-Client model to work with Relational Database Management Systems (referred to as RDBMS) such as Microsoft SQL or PostgreSQL subject to the terms of License and their grant by Microsoft Corporation and PostgreSQL Global Development Group respectively. Such instances of stated databases shall be used solely by Software and not any other method, directly or indirectly. Such unauthorized access of databases, outside of Software, shall automatically invalidate the License to Use with no further written notice. No refund of fee shall be paid by the Licensor.
Templates, if any, provided by Licensor, for eligible license module purchased by the Licensee are available for use on an AS IS WHERE IS BASIS, and such templates shall be used / re-used only by Users employing the eligible license module.
Data stored by Software, in RDBMS shall be created, stored, updated, modified, retrieved only using Software and not by any other means.
Loss of Data, by any means, is the responsibility of the Licensee and Licensor is not responsible or liable for any loss arising out of such loss of data, directly or indirectly. Licensee shall responsibly ensure that the data is protected and stored to prevent data loss.
License provided is non-exclusive and non-transferable. Licensee shall not lease, sub-let, resell, rent, hire, transfer to another legal entity or individual the rights of use of the Software license.
When working with the Adobe PDF software, Licensor may embed copies of the font software into their electronic documents for the purpose of printing, viewing and editing the document. If the font software Licensor is embedding is identified as “licensed for editable embedding” on Adobe’s website at http://www.adobe.com/type/browser/legal/embeddingeula.html, Licensor may also embed copies of that font software for the additional purpose of editing their electronic documents. No other embedding rights are implied or permitted under this license. They are the sole responsibility of the Licensee and the Licensor is not obligated or liable in any form whatsoever.
All Fonts used by the Licensee are the responsibility of the Licensee in terms of their associated license to use and distribute and they do not pertain to Software or its Licensor.
Third-Party Software if used, to work with Reports and other forms of data obtained from Software, shall be covered by their End User License Agreements and Licensor is not liable for any actions arising out of non-compliance of those stated Agreements.
Licensee, prior to acquiring the license of Software, may request for a time limited Evaluation License to adequately satisfy themselves of the features and functionalities available therein. It is the Licensee’s responsibility to ascertain that the Software will function for their intended purpose and Licensor is not liable for any action or redemption for perception, misunderstanding, assumptions or expectations in any manner whatsoever.
Software contains mechanism to collect and send information pertaining to Software Usage, Performance, to the Licensor. By agreeing to this License Term, the Licensee accepts in providing such information to the Licensor without prejudice or any other consideration. Such information may be used by the Licensor for the purpose of verification, if any, of license compliance, Software performance improvement, Software functionality improvement and enhancement as the Licensor deems fit. Intellectual Property arising out of such Information is proprietary to the Licensor and Licensee or anyone on their behalf cannot claim rights to such Intellectual Property.
Software may require certain minimum pre-requisites including aspects relating to but not limited to the Operating System, computer hardware, resources for acceptable performance and user experience. It is the responsibility of Licensee to ensure that such pre-requisites are met with and the Licensor does not guarantee or underwrite such performance or user experience.
Software, if used on Virtual Machines, should be made to ensure that the license usage policy of one license per user at any time is not violated by the Licensee. Each Virtual Machine or Computer is considered a Computer for the purpose of Licensing.
Any dispute regarding Software, including but not limited to its function, should be brought to the notice of the Licensor by the Licensee, in writing, within 7 days of the occurrence of stated dispute. Licensor will undertake every effort to resolve the dispute in a suitable manner to address the Licensee requirement. Licensor will provide workaround, alternate solutions, if any, to solve issues raised by the Licensee in a free and fair manner according equal priority to all such issues provided by other Licensees from time to time. Licensor does not assure or guarantee that the issues raised by Licensee shall be resolved within a stipulated time frame or a Software version. Every effort will be undertaken by the Licensor to address the issues raised by the Licensee in an earnest manner.
Support to the Licensee shall be undertaken with the choice of support decided by the Licensor either via electronic means such as, but not limited to, online sessions, E-mail, Website or in person as deemed fit by the Licensor. Access to Software installed and in use and the User reporting the issue shall be available for study and to seek avenues to resolve the issue or support requirements.
The License is provided under the Laws of Government of India only and the same shall be applicable with the Jurisdiction for Legal remedies limited to Chennai District, Tamil Nadu, India.
Software Export is subject to the Export Control Laws of The Government of India Only.
Licensee may not modify or make works derivative of the Software or make compilations or collective works that include the Software, and may not analyse for purposes competitive to the Software’s Authors/Copy Right Holders/Directors of EGS Computers India Private Limited, reverse-engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software, except as permitted under applicable law, as it contains trade secrets (such as the Software’s structure, intellectual property, organization and code) of the Licensors.
Software including, but not limited to, its licensing mechanism, structure, usage, function, specifications, documentation, templates are property of EGS Computers India Private Limited. Confidentiality shall be maintained by the Licensor and Licensee regarding the Software and aforesaid aspects, including but not limited to the user feedback, experience, reviews and performance. No such information that would be deemed as harming the reputation of the Software or its Authors, Directors or employees of EGS Computers India Private Limited shall be published or transmitted orally, directly or indirectly, in writing or on Social Media, Discussion For a, Public platform (online and offline) among other News/Information vehicles of Information Technology, without written consent of the Licensor.
In the event of non-agreement and/or non-compliance to the Terms and Conditions cited herein, the Licensee loses the Right of License Usage and shall uninstall the Software and return the Rights of Usage in writing within 7 days of record of such non-agreement and / or non-compliance brought to the notice of the Licensor.