Terms and Conditions for AIO Tests

This End License User Agreement is a binding contract between Navarambh Software Pvt. Ltd (“NSPL” or “Licensor”) and the individual or type of person intending to download, install or otherwise use the Software (hereinafter referred to as “Licensee”)
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NSPL provides the products solely on the terms and conditions outlined in this agreement and on the condition that the licensee accepts and complies with them. by clicking the “accept” button below, and/or by downloading, installing, or otherwise using the software, licensee (a) accepts this agreement and agrees that licensee is legally bound by its terms; and (b) represents and warrants that: (i) if an individual, licensee is 18 years of age or older; and (ii) licensee has the right, power and authority to enter into this agreement and bind licensee to its terms. If the licensee does not agree to the terms of this agreement, NSPL will not license the software to the licensee, and the licensee must not download, install, or use the software or documentation.

Definitions

For purposes of this Agreement, the following terms have the following meanings:

Intellectual Property Rights” means any and all intellectual property or proprietary rights throughout the world, including all: (i) patent rights (including patent applications and disclosures); (ii) registered and unregistered copyrights (including rights in software, including in source code and object code); (iii) registered and unregistered trademark rights; and (iv) trade secret rights.

License Grant and Scope

NSPL grants to the Licensee a non-exclusive, non-transferable, non-sublicensable, worldwide license to:

Software and Hosted Services, together with related documentation, are referred to herein as “Products”.

Use by Third Parties: The Licensee may permit authorized third parties to use the Products on the Licensee’s behalf, provided that the Licensee is responsible for (a) ensuring that such authorized third parties comply with this Agreement and (b) any breach of this Agreement by such authorized third parties.

Trial Use: If NSPL grants Licensee usage rights in the Software on a trial, evaluation, or other free-of-charge basis (“Trial Version”), Licensee may only use it on a temporary basis for the period limited by the license key or specified by NSPL in writing. If there is no period identified, such use is limited to 30 days after the Trial Version is made available to the Licensee. If the Licensee fails to stop using the Trial Version by the end of the trial period, the Licensee may be invoiced for its latest price and agree to pay such invoice. NSPL, in its discretion, may stop providing the Trial Version at any time, at which point the Licensee will no longer have access to any related data, information, and files and must immediately cease using the Software.

Registration on Atlassian Marketplace: You may need to register on the Atlassian Marketplace website (https://marketplace.atlassian.com) (“Atlassian Marketplace”) to place orders or access or receive any Products. Any information that you provide during the registration process must be accurate, updated, and complete. Licensee must also update your information so that Licensor may send notices, statements and other information to you by email or through the Licensee account.

Third-Party Software

The Products may include open-source software, content, data, or other materials, including related documentation, that are owned by Persons other than NSPL and that are provided to the Licensee on terms that are in addition to and/or different from those contained in this Agreement (“Third-Party Licenses”). 
This License and Licensee’s use of the Software is subject to such Third-Party Licenses. Licensee is bound by and shall comply with all Third-Party Licenses. Any breach by the Licensee of any Third-Party Licenses is also a breach of this Agreement. NSPL disclaims any liability for the consequence of such actions by such third parties.

Use Restrictions

The Licensee shall not, directly or indirectly:

Fees

To the extent permitted by law, fees paid to NSPL are non-refundable. If the Licensee has not previously paid the license fee for the Products, then the Licensee must pay the license fee within the period indicated in the applicable invoice or as otherwise provided in the Licensor’s pricing terms as published on the Atlassian Marketplace. Failure to pay any license fees by the due date will result in the immediate termination of the License(s) granted under this Agreement.

Return Policy

Subject to the requirements of this Agreement, Licensee may return the Software within thirty (30) days of the invoice date. NSPL reserves the right to charge Licensee a fee for any Products returned to NSPL as may be decided by NSPL from time to time. No returns will be accepted after the thirty (30) day period has expired. Acceptance of returns of Products is at the sole discretion of NSPL.

Responsibility for the Use of Software

Licensee is responsible and liable for all uses of the Software and Products through access thereto provided by Licensor, directly or indirectly. Specifically, and without limiting the generality of the foregoing, the Licensee is responsible and liable for all actions and failures to take required actions concerning the products by its own users or by any other Person to whom the Licensee may provide access to or use of the Products, whether such access or use is permitted by or in violation of this Agreement.

Maintenance and Support

NSPL is not obligated to update, upgrade, enhance, or improve the Software. This License does not entitle Licensee to any maintenance or support services with respect to the Software. However, NSPL may provide the Licensee with online support services related to the Software (“Support Services”), at its discretion and for the sole purpose of addressing technical issues relating to the use of the Software. Support Services also include access to bug fixes, patches, modifications, or enhancements (together, “Releases”) to the Software that Licensor makes generally commercially available during the “Support Period.” When accepted by the Licensee, any such releases will be considered part of the Software and subject to the terms of this Agreement.

The initial support period for Products is for twelve (12) months starting at the time the Products is purchased, and may be renewed for additional twelve (12) month periods (each, a “Renewal Support Period”) at the then-current rate for Support Services. Renewal Support Periods commence upon the expiration of the prior support period regardless of when the Products are purchased.

Use of Support Services, if any, is governed by Licensor’s policies and procedures described in a user manual, in online documentation, and/or other Licensor-provided materials. Any supplemental software code provided to you as a part of Support Services will be considered part of the Software and subject to the terms of this Agreement.

All deliveries of Products will be electronic. For the avoidance of doubt, Licensee is responsible for the installation of any Software.

Licensor encourages feedback from its customers. If the Licensee has any feedback regarding the purchase or use of the Software, the same can be provided to the Licensor here.

Collection and Use of Information

The Licensee acknowledges that NSPL may, directly or indirectly through the services of third parties, collect, use, and store information regarding Licensee’s use of the Software to improve the performance of, or develop updates to, the Software.

Intellectual Property Rights

Licensee acknowledges and agrees that the Products are provided under License, and not sold, to Licensee. Licensee does not acquire any ownership interest in the Products under this Agreement, or any other rights thereto other than to use the same in accordance with the License, and subject to all the terms, conditions and restrictions under this Agreement. 



NSPL and its licensors and service providers, reserve and shall retain their entire right, title, and interest in and to the Products and all Intellectual Property Rights arising out of or relating to the Products, except as expressly granted to the Licensee in this Agreement. 



License shall safeguard all Products(including all copies thereof) from infringement, misappropriation, theft, misuse, or unauthorized access. Licensee shall promptly notify NSPL if Licensee becomes aware of any infringement of NSPL's Intellectual Property Rights in the Software or Products and fully cooperate with NSPL in any legal action taken by NSPL to enforce its Intellectual Property Rights.

Data Security & Privacy
Intellectual Property Rights
Warranty Disclaimer

The software and/or products are provided to the licensee "as is" and with all faults and defects without warranty of any kind. to the maximum extent permitted under applicable law.nspl, on its own behalf and on behalf of its affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the software and/or products, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, performance, usage or trade practice. NSPL provides no warranty or undertaking and makes no representation of any kind that the software and/or products will meet the licensee's requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

Limitation of Liability

To the fullest extent permitted under applicable law: 

Confidentiality

Each Party agrees to use commercially reasonable efforts to maintain the confidentiality of any confidential information of the other party that it obtains according to this Agreement consistent with the efforts such Party uses to protect its own confidential and trade secret information of like importance, and shall take all reasonable steps to ensure that such confidential information is not disclosed or distributed by its employees or agents to third parties not subject in writing to an agreement to protect such confidential information. Each Party agrees that the Software and documentation shall be deemed confidential information of NSPL.
The licensee shall not share, transfer, disclose, or provide access to personal information or any other data to the Licensor unless the same is allowed under the applicable data privacy laws including European Union Directive 95/46/EC (the "EU Directive"), the General Data Protection Regulation ("GDPR"), and any European Union law or regulation that may be enacted to replace the EU Directive or the GDPR. If the Licensee does share, transfer, disclose or provide access to personal information or any other data while using the License of the Products under this Agreement, the Licensee shall-

Miscellaneous
Update/Amendment to this Agreement

Updates, changes, and/or amendment may be made at any time to any clause(s) and any covenants of this Agreement at the sole discretion of NSPL without notice. The user is encouraged to frequently visit this page and shall be responsible for reviewing the latest version of this Agreement. If any amendment is unacceptable to the User, he/she may terminate this Agreement as set out in this Agreement. If the user continues to use the service after the effective date of each amendment, he/she shall be conclusively deemed to have accepted such amended version of this Agreement.