Terms Of Services on Subscription. ("TOSS") is a legal agreement between THE USER and HUBMATRIX TECHINOLICIES PVT LTD ("HUBMATRIX") relating to the
(i) software which is furnished on CD-ROM/DVD-ROM and bundled with the hardware device that is sold by HUBMATRIX or its affiliates
(ii) software which is made available for downloading and use from the website designated by HUBMATRIX or its affiliates ((i) and (ii) are collectively referred to as, “SOFTWARE”).
Notwithstanding the foregoing, software having a separate Terms Of Service agreement shall be covered by such a separate agreement and shall be expressly excluded from SOFTWARE. By installing, copying, downloading or otherwise using the software, you agree to be bound by the terms of this TOSS. If THE USER do not agree to the terms of this TOSS, HUBMATRIX is unwilling to authorise the use of the software to you.
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is subscribed at monthly subscription & not sold.
This TOSS grants you the following non-exclusive rights:
Software. You are hereby authorised to install one copy of the software in one device unless otherwise any written alteration mutually agreed by both parties.
On the competition of the installation you will receive an OTP on your registered User Id. You are required to reset the password within next 10 min.
On resetting the new password you shall be granted Admin Access to the Software & the Admin User May create sub-users with restricted access in order to facilitate smooth coordination among sub-users.
Note:- Once the password is reset HUBMATRIX has no access to end users data except to the storage of information with prior consent. For more read our privacy policies
Legitimate Use. You may use the SOFTWARE for legitimate business use only.
Recovery:- You may make one back-up copy of the SOFTWARE solely for recovery purposes.
Limitation on Reverse Engineering, Decompilation and Disassembly. The user hereby through this agreement pledges to refrain for reverse engineering the software, dismantle any parts thereof or any other component of the software unless a prior written consent of HUBMATRIX.
Separation of Components. The user hereby through this agreement pledge to refrain any addition or deletion of any data code or any alteration of similar nature.Further the user of the soft shall refrain to copy , reproduce , transmit or transfer any existing IPR of HUBMATRIX.
Data Files. The SOFTWARE may create data files automatically for use with the SOFTWARE. Any such data files will be deemed as part of the SOFTWARE.
Rental. Unless accepted in writing by HUBMATRIX. You shall not sub-rent or sub-lease the SOFTWARE.
Dependent Software. The software, network services or other products other than SOFTWARE upon which the SOFTWARE's performance depends might be interrupted or discontinued at the discretion of the suppliers (software suppliers, service providers, or HUBMATRIX). HUBMATRIX and its suppliers do not warrant that those software, network services or other products will continue to be available, or will operate without interruption or modification. In any such event HUBMATRIX shall intimate you within 48 Hrs of any such technical failure.
All title and copyright in and to the SOFTWARE (including but not limited to any images, photographs, animation, video, audio, music, text and "applets", incorporated into the SOFTWARE), and any copies of the SOFTWARE, are owned by HUBMATRIX or its suppliers. All rights not specifically granted under this TOSS are reserved by HUBMATRIX.
The SOFTWARE may be capable of being used by you to store, process and use content created by you and third parties. Such content may be protected by copyright, other intellectual property laws, and/or agreements. You agree to use the SOFTWARE only in compliance with all such laws and agreements that apply to such content. You agree that HUBMATRIX may take appropriate measures to protect copyright of content stored, processed or used by the SOFTWARE. Such measures include, but are not limited to, counting the frequency of your backup and restoration through certain SOFTWARE features, refusal to accept your request to enable restoration of data through certain SOFTWARE features and termination of this TOSS in the event of your illegitimate use of the SOFTWARE.
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify HUBMATRIX and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
OWNERSHIP OF USER DATA:- Some of HUBMATRIX Features allows the user to upload, submit, store, send or receive content. You retain ownership of every intellectual property, HUBMATRIX here by renounces any right or interest in the data of the user unless without prior consent. The user of the soft hereby advised to use the software for the stated purpose only and shall refrain from storing sensitive information on this software. HUBMATRIX shall not be responsible for any privacy violation under such circumstances.
HEREINAFTER, HUBMATRIX, ITS AFFILIATES AND THEIR RESPECTIVE LICENSOR'S SHALL BE COLLECTIVELY REFERRED TO AS "HUBMATRIX", HUBMATRIX SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO THIS SOFTWARE. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF THE SOFTWARE OR ANY ASSOCIATED HARDWARE, DOWN TIME AND USER'S TIME, EVEN IF HUBMATRIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, HUBMATRIX'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS TOSS SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID ALLOCABLE TO THE ASSOCIATED SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
From time to time, HUBMATRIX or third parties may update or otherwise modify the SOFTWARE, for example, but not limited to, for purposes of enhancement of security functions, error correction and improvement of functions, at such time as you interact with HUBMATRIX's or third parties' servers, or otherwise. Such updates or modifications may delete or change the nature of features or other aspects of the SOFTWARE, including functions you may rely upon. You hereby are advised to contact HUBMATRIX at your freewill to initiate update of the software that such activities may occur at users sole discretion and that HUBMATRIX may condition continued use of the SOFTWARE upon your complete installation or acceptance of such update or modifications. Any updates/modifications shall be deemed and shall constitute part of the SOFTWARE for purposes of this TOSS. By acceptance of this TOSS, you consent to such update/modification.
You shall comply with all applicable export, import and customs laws and Privacy regulations if you use the SOFTWARE outside the country in which you reside.
If any part of this TOSS is held invalid or unenforceable, the other parts will remain valid.
This TOSS shall be governed by the laws of India , without regards to conflict of laws provisions. The parties hereby consent to submit to the non-exclusive jurisdiction of the courts of International Council Of Arbitration. HUBMATRIX Shall reserve its right for appointment of sole Arbitrator. The venue of arbitration shall be at the registered business address of HUBMATRIX.
You shall permanently transfer all of your rights under this TOSS, provided you retain no copies, transfer all of the SOFTWARE (including all copies, component parts, the media and printed materials, all versions and any upgrades of the SOFTWARE and this TOSS), and the recipient agrees to the terms of this TOSS.
Without prejudice to any other rights, HUBMATRIX may terminate this TOSS if you fail to comply with the terms and conditions of this TOSS. In such event, you must destroy and/or erase all copies of the SOFTWARE and all of its component parts within two weeks and provide HUBMATRIX with proof of such destruction and/or erasure. The provisions of the following captions shall survive any termination of this TOSS;
HUBMATRIX RESERVES THE RIGHT TO AMEND THE SPECIFIC TERMS OF “ TOSS ” REGARDING THE SOFTWARE AT ITS SOLE DISCRETION BY NOTICE TO YOU AT THE E-MAIL ADDRESS YOU HAVE PROVIDED TO HUBMATRIX AS PART OF YOUR REGISTRATION, BY POSTING AMENDING TERMS AT HUBMATRIX’S SITE, OR ANY OTHER LEGALLY RECOGNIZABLE FORM OF NOTICE. If you do not agree to the terms to be amended, which shall be notified to you by HUBMATRIX before they take effect, you must stop using the SOFTWARE. Your continued use of the SOFTWARE after notice shall be deemed agreement to be bound by such amendment.
For all purposes of this TOSS, each of HUBMATRIX's third party licensors of any of the SOFTWARE shall be expressly deemed an intended third party beneficiary of this TOSS and shall have the right to enforce the terms and conditions of this TOSS.
Should you have any questions concerning this TOSS or this limited warranty, you may contact HUBMATRIX by writing to HUBMATRIX at applicable contact address of each country.
SECURITY :- In event if you suspect any security threat your hereby advice to issue a Security ticket within 24. In event if HUBMATRIX discover any security breach it will intimate you at the earliest.
AUDIT :- Through this agreement your are hereby authorize to conduct an data & Security audit pertaining to your user account by any independent auditor. With a service of written notice of 7 business days. The audit will be conducted within business hours of HUBMATRIX.
CONSENT :- You hereby through this agreement expressly allows HUBMATRIX & ITS AFFILIATES to collect & process its data to improve the software designs & functionality and any other business purpose.
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