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Racchabanda End-User License Agreement

Last updated: 3rd December 2021

This End-User License Agreement (referred to as the “EULA”) is a legally binding agreement between you, the Licensee, an individual customer or entity, and the Racchabanda, the company, and the author of Racchabanda video conferencing, the Software, which may include associated media, printed materials, and online or electronic documentation. This Agreement is a legally binding contract that includes terms that limit your legal rights and Licensors’ liability to you, and shall govern all access to and use of this Software. You hereby agree, without limitation or alteration, to all the terms and conditions contained herein.

By installing, copying, or otherwise using the Racchabanda Product (Software), the Licensee agrees to be bound by the terms and conditions outlined in this EULA. However, if the Licensee does not agree to the terms and conditions outlined in this EULA, the said Licensee may not download, install, or use Software.

  • Definitions

 “EULA” shall refer to this End-User-License-Agreement, including any amendment to this Agreement.

“USER” shall refer to the individual or entity that downloads and uses the Software.

“Licensor” shall refer to the company or author, Racchabanda, located at HQ: San Diego, CA 92130, USA.

 “Software/Racchabanda product” shall mean Racchabanda video conferencing, the Racchabanda Product provided according to this Agreement.

  • Grant of License

Subject to the terms of this Agreement, the Racchabanda hereby grants to the Licensee, a royalty-free, revocable, limited, non-exclusive license during the term of this EULA to possess and to use a copy of the Software. The Software is being distributed by Racchabanda. Racchabanda is permitted to charge a fee for distributing this software. In either case, the fee is meant to recover the company’s costs of media and distribution. 

  • Intellectual Property

You hereby unconditionally agree that all rights, title and interest in the copyrights and other intellectual property rights in the Racchabanda Product reside with the Licensors. The trademarks, logos, designs, and service marks appearing on the Racchabanda Product are registered and unregistered marks of Racchabanda. Accordingly, nothing in this legal entity or the Racchabanda Product grants you any right to use any form of intellectual property contained in the Racchabanda Product.

Therefore, all rights, titles, interests, and copyrights in and/or to the Software, including but not limited to all images, graphics, animations, audio, video, music, text, data, code, algorithm, and information, are owned by the Racchabanda. Accordingly, the Software is protected by all applicable copyright laws and international treaties, and the Licensee is expected to use the Software concerning all intellectual property contained therein, except as otherwise provided for in this Agreement.

  • Description of Rights and Limitations

4.1. Installation and Use: USER may install and use the Software on a shared computer or concurrently on different computers, solely for USERS use within USERS business or personal use.

4.2. Reproduction and Distribution:  USERS may not duplicate or redistribute copies of the Software, without Racchabanda express written permission. 

4.3. USER Limitation: The USER may not:

4.3.1 Use the Racchabanda Product for any purpose other than personal and commercial use

4.3.2 Use the Racchabanda Product for any illegal or unlawful purpose;

4.3.3 Gather factual content or any other portion of the Racchabanda product by any automated means, including but not limited to database scraping or screen scraping; or

4.3.4 Reverse engineer, decompile, or disassemble Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding the limitation.

  • Update and Maintenance

Racchabanda shall provide regular updates and maintenance or as-needed basis.

  • Support

Racchabanda has no obligation to Software upon support contract, or to continue providing or updating any of the Software.

  • General Provisions

7.1 Termination

In the event of termination, all licenses provided under this Agreement shall immediately terminate, and you agree to discontinue accessing or attempting to access this Racchabanda product.

Accordingly, this Agreement may be:

7.1.1 Automatically terminated if the USER fails to comply with any of the terms and conditions under this Agreement;

7.1.2 Terminated by Racchabanda; or

7.1.3 Terminated by the USER.

Either Racchabanda or the USER may terminate this Agreement immediately upon written notice to the other party, including but not limited to electronic mail.

Non-Transferability

The USER has the option to permanently transfer all rights under this Agreement, provided the recipient agrees to the terms of this EULA. Accordingly, this Legal entity is not assignable or transferable by the USER without the prior written consent of Racchabanda; and any attempt to do so shall be void.

7.2 Notice

Any notice, report, approval or consent required under this Agreement shall be in writing and deemed to have been duly given if delivered by recorded delivery to the respective addresses of the parties.

7.3 Integration

Both parties hereby agree that this Agreement is the entire and exclusive statement and legal acknowledgement of the mutual understanding of the parties and supersedes and cancels any previous written and oral agreement and/or communication relating to the subject matter of this Agreement.

7.4 Severability

No delay or failure to exercise, on the part of either party, any privilege, power or rights under this Legal Agreement shall operate as a waiver of any of the terms and provisions of this Legal Agreement. Accordingly, no single or partial exercise of any right under this Agreement shall preclude further exercise of any other right under this Legal Agreement. Suppose any of the outlined provisions of this Legal Agreement is deemed to be unenforceable or invalid in whole or in part by a court of competent jurisdiction. In that case, such provision shall be limited to the minimum extent necessary for this Agreement to remain in full force and effect and enforceable. The remaining provisions of this Agreement shall not be rendered unenforceable or invalid. They shall continue to be enforceable and valid in isolation of the unenforceable and invalid provisions of this Legal Agreement.

7.5 Warranty and Disclaimer

RACCHABANDA, AND AUTHOR OF THIS SOFTWARE, EXPRESSLY DISCLAIM ANY WARRANTY FOR THE RACCHABANDA VIDEO CONFERENCING. THE RACCHABANDA LICENSED PRODUCT AND ALL APPLICABLE DOCUMENTATION IS PROVIDED AS-IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ACCORDINGLY, THE USER ACCEPTS ANY RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE.

 

7.6 Limited Liability

THE USER AGREES THAT THE RACCHABANDA SHALL NOT BE LIABLE TO USER, OR ANY OTHER RELATED PERSON OR ENTITY CLAIMING ANY LOSS OF PROFITS, INCOME, SAVINGS, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, DIRECT OR INDIRECT DAMAGE, WHETHER ARISING IN CONTRACT, TORT, WARRANTY, OR OTHERWISE. EVEN IF RACCHABANDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL NECESSARILY APPLY REGARDLESS OF THE PRIMARY PURPOSE OF ANY LIMITED REMEDY. UNDER NO CIRCUMSTANCES SHALL RACCHABANDA AGGREGATE LIABILITY TO THE USER, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH THE USER, EXCEED THE ACTUAL MONETARY AMOUNT PAID BY THE USER TO RACCHABANDA FOR THE SOFTWARE.

 

7.7 Indemnification

You hereby agree to indemnify and hold Racchabanda harmless from and against all liabilities, damages, losses or expenses, including but not limited to a reasonable attorney or other professional fees in any claim, demand, action or proceeding initiated by any third-party against Racchabanda, arising from any of your acts, including without limitation, violating this Legal Agreement or any other agreement or any applicable law.

7.8 Entire Agreement

This Agreement rightly constitutes the entire understanding between the Racchabanda and the USER and all parties involved. It supersedes all prior agreements of the parties, whether written or oral, express or implied, statement, condition, or a representation or warranty.

7.9 Governing Law and Jurisdiction

This Agreement shall be deemed to be construed under the jurisdiction of the courts located in California, USA, without regard to conflicts of laws as regards the provisions thereof. Any legal action relating to this Legal Agreement shall be brought exclusively in the courts of California, USA, and all parties consent to the jurisdiction thereof. Furthermore, the prevailing party in any action to enforce this Agreement shall be entitled to recover costs and expenses including, without limitation, legal fees. Accordingly, this Agreement is made within the exclusive jurisdiction of California, USA, and its jurisdiction shall supersede any other jurisdiction of either party’s election.

 

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