Softjin Technologies

::GDSIIZIP ::

GDSIIZIP Beta Ver 1.0 Evaluation Request Form

Please register with the following information to request for free 30 day evaluation of GDSIIZIP Beta Ver 1.0. Upon registration, SoftJin shall contact the registrant.

In case of any need of further queries and clarifications regarding GDSIIZIP, SoftJin can be contacted at gdsiizip-info@softjin.com

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(e.g 91-80-23456543)

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Terms & Conditions:

IMPORTANT - USE OF THIS SOFTWARE IS SUBJECT TO LICENSE RESTRICTIONS. READ THIS EVALUATION LICENSE AGREEMENT BEFORE REQUESTING FOR EVALUATION OF THE SOFTWARE.

This license is a legal agreement concerning the use of Software between you, any person, either individually or as an authorized representative of a company acquiring the license and SoftJin Technologies Private Limited, acting directly or through their subsidiaries or authorized distributors (collectively "SoftJin"). BY USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SOFTWARE.

License Version 1.0
September 20th 2005

GDSIIZIP EVALUATION LICENSE AGREEMENT

This LICENSE AGREEMENT ("Agreement") is between the SoftJin Technologies Private Limited ("SoftJin"), having its registered office at Unit No.: 102, Mobius Tower, I Floor, SJR I - Park, EPIP, White Field, Bangalore, India - 560066  (hereinafter referred to as "SoftJin" which expression shall unless repugnant to the context include its successors and assigns) and any person, acting either individually or as an authorized representative of a company ("User") requesting for evaluation of SoftJin's GDSIIZIP  ("Software") that includes object code programs and associated documentation files.

1. SoftJin hereby grants the User a limited, non-exclusive, non-transferable and royalty-free license to use the Software on one (1) network accessible machine located at User’s facility, solely for the purpose of evaluating the functionality and performance of the Software ("Subject Purpose"). In no event shall the User copy, modify, translate or distribute the Software.

2. SOFTWARE IS PROVIDED FREE OF CHARGE AND ON AN "AS IS" BASIS. SOFTJIN DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

3. The User shall keep in confidence, and shall not disclose to any third party other than SoftJin, any proprietary or confidential information marked as proprietary or confidential, received from SoftJin, and limit use of and access to such information to its employees who need to know such information for the Subject Purpose. The User shall return or destroy, upon SoftJin's request, any proprietary or confidential information received from SoftJin.

4. The User acknowledges that the ownership of and title in and to all intellectual property rights in and to the Software shall remain with SoftJin. The Software including any updates, revisions, copies, and documentation is copyrighted, trade secret and confidential information of SoftJin who maintain the exclusive title and retain all rights not expressly granted by this Agreement. The User acquires only the right to use the Software under the terms and conditions of this Agreement and does not acquire any ownership right or title in or to the Software or SoftJin's information.

5. LIMITATION OF LIABILITY

IN NO EVENT SHALL SOFTJIN BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR SAVINGS) WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SOFTJIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. INDEMNIFICATION

User agrees to indemnify and hold harmless SoftJin from any claims, loss, cost, damage, expense, or liability, including attorneys' fees, arising out of or in connection with the use of Software by the User.

7. This Agreement shall be effective as of the date of execution, and shall continue for thirty (30) days. SoftJin may terminate this Agreement immediately if the User is in breach of its material obligations under this Agreement. The provisions of Sections 2, 3, 4, 5 and 6 shall survive any termination or expiration of this Agreement. Upon termination, User shall destroy all copies of the Software.

8. Neither this Agreement nor any rights or obligations of each party hereunder shall be assignable or transferable without the prior written consent of the other party.

9. This Agreement shall be governed and construed in accordance with the laws of India. All disputes, claims, suits and actions arising out of or in relation to this Agreement shall be submitted to the exclusive jurisdiction of Bangalore, India. The User hereby irrevocably waives any objection to the jurisdiction, process and venue of any court and to the effectiveness and enforceability of any order or judgment (including a default judgment) of any such court in relation to this Agreement, to the maximum extent permitted by the law of any jurisdiction, the laws of which might be claimed to be applicable regarding the effectiveness, enforcement or execution of such order or judgment. This section shall not restrict SoftJin's right to bring an action against the User in the jurisdiction where the User or User's place of business is located.

10. The User understands that any violation of this Agreement would subject SoftJin to irreparable injury. Therefore, in addition to any remedies otherwise available, SoftJin shall be entitled to injunctive relief or equitable relief as well as monetary damages as may be deemed proper or necessary by a court of competent jurisdiction.

11. SEVERABILITY
If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid, unenforceable or illegal, such provision shall be severed from this Agreement and the remaining provisions will remain in full force and effect.

12. MISCELLANEOUS

This Agreement contains the parties' entire understanding relating to its subject matter and supersedes all prior or contemporaneous agreements. This Agreement may only be modified in writing by authorized representatives of the parties. Waiver of terms or excuse of breach must be in writing and shall not constitute subsequent consent, waiver or excuse. The prevailing party in any legal action regarding the subject matter of this Agreement shall be entitled to recover, in addition to other relief, reasonable attorneys' fees and expenses.

Click here to download the PDF version of the Licence agreement.