authorSTREAM Desktop - End User License Agreement

This copy of authorSTREAM Desktop ("the Software Product") and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. authorSTREAM.com Pvt. Ltd. or its subsidiaries, affiliates, and suppliers (collectively " authorSTREAM ") own intellectual property rights in the Software Product. The Licensee's ("you" or "your") license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement ("Agreement").

Acceptance

YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE "ACCEPT" OPTION AND DOWNLOADING THE SOFTWARE PRODUCT OR BY INSTALLING, USING OR COPYING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT "DECLINE" AND YOU MUST NOT INSTALL, USE OR COPY THE SOFTWARE PRODUCT.

License Grant

This Agreement entitles you to install and use one copy of the Software Product on each computer. In addition, you may make one archival copy of the Software Product. The archival copy must be on a storage medium other than a hard drive, and may only be used for the reinstallation of the Software Product. This Agreement permits: the installation or use of multiple copies of the Software Product in an organization or the installation of the Software Product on more than one computer in an organization, on a system that allows shared used of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. However, all users need to individually comply to the terms of this Agreement.

Restrictions on Transfer

Without first obtaining the express written consent of authorSTREAM, you may not assign your rights and obligations under this Agreement or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.

Restrictions on Use

You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code for the Software Product.

Restrictions on Alteration

You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not decode or alter any files or libraries in any portion of the Software Product.

Restrictions on Copying

You may not copy any part of the Software Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy, which must be stored on a medium other than a computer hard drive.

Limited Software Product Warranty

For a period of 90 days from the date of shipment or from the date that you download the Software Product, as applicable, authorGEN warrants that when properly installed and used under normal conditions, the Software Product will perform substantially as advertised.

Indemnity

You agree to hold authorSTREAM, its officers, employees, agents harmless from any and all liabilities, losses, actions, settlement and damages awarded or claims (including all reasonable expenses, costs and attorney fees) arising out of or relating to including without limitations those arising out of Licensee’s modification or enhancement of the software or otherwise caused by, or arising out of or resulting from any use of or failure to perform any obligation and or breach of any term of the license agreement.

Confidentiality

Licensee hereby acknowledges and agrees that the software constitute and contains valuable proprietary rights and trade secrets of authorSTREAM, therefore the Licensee agrees to treat the Licensed Software as confidential in accordance with the confidentiality requirements and conditions set forth herein.

  • Protection of Confidential information: The Licensee agrees to protect the confidential information in the manner the Licensee would protect the confidentiality of similar information or data of its own.
  • Injunctive relief and Damages: Licensee acknowledges that any unauthorized use, transfer or disclosure of any confidential information will diminish the value of proprietary rights and trade secrets of authorSTREAM, therefore if Licensee breaches any of its obligation with respect to the use of confidentiality of the software, authorSTREAM will be entitled to equivalent relief to protect its interest therein including but not limited to, preliminary and permanent injunctive relief.

Disclaimer of Warranties and Limitation of Liability

UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY AUTHORSTREAM, AUTHORSTREAM MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.

The software is provided to you on “as is” basis and authorSTREAM disclaims any warranty or liability obligations to you of any kind.

authorSTREAM makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. authorSTREAM makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. AUTHORSTREAM WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.

Also, authorSTREAM does not guarantee the support for Software features which are dependent on Third Party APIs. Any change in the Third Party API may directly affect the said features and may cause them to lose partial or complete functionality. authorSTREAM will try its best to incorporate the changes and restore the functionality. However, in case it is unable to do so, authorSTREAM or the Third Party providing the API cannot be held liable for (in anyways) any direct or indirect losses or delays that you may suffer. Third Party API's are governed as per the Terms and Conditions of the Owners of these API and we recommend that you read and understood them before using the product.

Content you create using Software Product is your property; authorSTREAM will in no way claim it as its own work. Further, you agree that authorSTREAM is not liable for licensing of the text and media (Images, Videos and Audio) used in creation of the content. All content that you search for using authorSTREAM interface are owned and property of respective Copyright Owner and that it’s your sole responsibility to make sure that you do not use these without the proper consent of the respective owners.

UNDER NO CIRCUMSTANCES SHALL AUTHORSTREAM, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF AUTHORSTREAM OR ANY OTHER PARTY, EVEN IF AUTHORSTREAM IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS AUTHORSTREAM'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.

Limitation of Remedies and Damages

Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of authorSTREAM. authorSTREAM reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If authorSTREAM is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling.

Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by authorSTREAM to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold authorSTREAM harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.

Governing Law, Jurisdiction and Costs

This Agreement is governed by the Indian laws, without regard to conflict of laws principles.

Severability

If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.

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