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Terms & Conditions:
IMPORTANT - USE OF THIS SOFTWARE IS SUBJECT TO LICENSE RESTRICTIONS. READ THIS LICENSE AGREEMENT BEFORE DOWNLOADING 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 Infotech Private Limited, acting directly or through their subsidiaries or authorized distributors (collectively "SoftJin"). BY DOWNLOADING, INSTALLING OR 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 DOWNLOAD,INSTALL OR USE THE SOFTWARE. License Version 1.0 October 30th 2004 LICENSE AGREEMENT This LICENSE AGREEMENT ("Agreement") is between the SoftJin Infotech Private Limited ("SoftJin"), having its registered office at 227/70/A, Sigma Arcade 1, Marathahalli,Airport Road Bangalore - 560 037, India (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") downloading or using any of the SoftJin's Anuvad GDSII-OASIS software suite ("Software") that includes the source code or/and object code programs and associated documentation files. 1. GRANT OF LICENSE 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. Subject to the terms of this Agreement, SoftJin hereby grants the User a free of charge, non-exclusive, nontransferable, worldwide, royalty-free copyright license to use the Software both in the object code and in the source code form. SoftJin hereby grants the User the right to modify and/or enhance the source code of the Software. The User shall have the right to use the source code of the Software for developing derivative tools or utilities or products for internal use as well as for commercial purposes subject to the restriction under Clause 2 below of this Agreement. The User is not under any obligation to inform SoftJin about the improvements or modifications made to the Software. There are no restrictions in any manner with regard to use and distribution of object code of the Software or its derivative tools or utilities or products by the User, either internally or externally. The User may make unlimited number of copies of Software and distribute internally but must guarantee the compliance of terms and conditions of this Agreement. Each copy must include all notices and legends embedded in Software. All copies shall remain the property of SoftJin. The User shall retain the copyright notices of SoftJin in all copies, versions, modifications and enhancements of the Software. This license does not entitle the User to receive any technical support, telephone assistance, or modifications, enhancements or updates to Software from SoftJin. 2. RESTRICTIONS ON DISTRIBUTION OF SOURCE CODE 2.1 The User shall not distribute the source code of the Software in its stand-alone form and/or in any modified form externally except as per the terms of Clause 3 below of this Agreement. In the event the User is desirous of obtaining full rights to distribute the source code of the Software externally, the User can approach SoftJin to enter into a separate license agreement with SoftJin. 3. CONTRIBUTIONS 3.1 "Anuvad Developer Forum" means the official Anuvad mailing list managed by SoftJin and which is subscribed to by the registered Users of Anuvad for discussion among Users of Anuvad, or any such official forum that SoftJin may announce in future. "Contribution" means any modifications, improvements, additions, corrections or other changes to the Software, including source code, object code and documentations, made by the User where such changes and/or additions to the Software originate from that particular User ("Contributor") and licensed free of charge by the Contributor as per this Agreement to other Users of the Software by posting to the Anuvad Developer Forum. SoftJin encourages and allows the User to share any improvements or modifications made to the Software in source code or object code form with all Users of the Software registered with the Anuvad Developer Forum by posting the Contribution to the Anuvad Developer Forum. Through the action of posting the Contribution, Contributor grants all Users who are registered with the Anuvad Developer Forum, the free of charge, non-exclusive, nontransferable, worldwide,royalty-free copyright license to use the Contribution under the same terms and conditions as in this Agreement. 3.2 Each Contributor represents that to its knowledge it has sufficient copyright rights in its Contribution, if any, to grant the copyright license set forth in this Agreement. Each Contributor hereby agrees to defend and indemnify SoftJin and every other User registered with Anuvad Developer Forum ("Indemnified Party") against any losses, damages and costs arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Party to the extent caused by the acts or omissions of the Contributor. 4. DISCLAIMER OF WARRANTIES 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. 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. TERMINATION SoftJin may terminate this Agreement if the User breaches any of its terms and conditions of this Agreement. Upon termination, User shall destroy all copies of the Software 8. GOVERNING LAW 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. 9. 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. 10. 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.
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