IMPORTANT – Please read carefully
This End-User License Agreement (“EULA”) to be deemed as entered into by and between you (either an individual or an entity) and iYogi Inc. (“iYogi”). This EULA shall govern the terms and conditions between you and iYogi pertaining to the downloading and installation of iYogi Software on your computer/s. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, DOWNLOADING OR OTHERWISE USING THE IYOGI TECHGENIE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE IYOGI TECHGENIE SOFTWARE.
1. iYogi Software – Applicability of License. The iYogi Software consists of or may consist of various other software and utilities with their updates, supplements, add-on components, or internet-based services components, and net meeting technologies with or without additional terms and conditions specified with them. This EULA defines your rights to the iYogi Software you have elected to install or download. The services that are enabled through the iYogi Software are subject to changes / modifications from time to time. The iYogi Software comes or may come in conjunction with other software developed by other software provider from whom iYogi has obtained adequate license / relevant rights for providing such additional software along with its iYogi Software
2. Grant of License. Unless expressly stated otherwise, the iYogi Software may not be separated for use by any individual other than the one authorized to use the iYogi Software (Hereinafter ‘authorized individual’) on one specific computer on which it is installed or downloaded (Hereinafter ‘authorized computer’). Specifically:
a. If you are an individual, iYogi grants to you as an individual a personal, non-exclusive license to install or download of and use the iYogi Software in accordance with the terms of this EULA, provided that you are the only individual using the iYogi Software.
b. If you are an entity, iYogi grants to you the right to designate one individual within your organization as the authorized individual to have the sole right to install or download of and use the iYogi Software in accordance with the terms of this EULA. You agree to maintain records, systems and/or procedures that accurately record of the number of copies of the iYogi Software that have been acquired, installed and in use on Your computing devices and will keep the records for two (2) years from the date Your license to use the Software ends. We may conduct an audit (remotely or at Your facility) of records and systems from Your business, to verify that Your installation of the Software conforms with a valid license from Us or Our authorized resellers. We will not conduct more than one (1) audit per year. If the audit results find that Your use does not conform to a valid license, then You will immediately obtain a valid license or true-up Your licenses for the Software.
3. Limited License for Use of iYogi Software. Subject to the terms of this EULA, iYogi hereby grants a non-exclusive, non-assignable, non-transferable and non-commercial license to you to download, install and make use of the iYogi Software on your authorized computer. Such use shall only be for your personal use. By accepting the terms of this EULA you shall get the limited right to:
(i) Download and install the iYogi Software on your authorized computer;
(ii) Download and install all or any updates, sequels, supplements or add-on components in relation to the iYogi Software; and
(iii) Access and use the services made available by iYogi from time to time and all the Services provided either by iYogi or any Third party, (“hereinafter Services”).
4. License Conditions. iYogi grants you a license to use the iYogi Software subject to the following specific conditions:
i) You shall not make any commercial use or distribution or make available to third parties the iYogi Software except with the prior written consent of iYogi.
ii) You shall not license, sub-license, sell, assign, rent, distribute, copy, modify, tamper, act as an intermediary or provider, or otherwise grant rights of any nature whatsoever to third parties with respect to the iYogi Software or part thereof or any associated services.
iii) By installing the iYogi Software on authorized computer, you give an irrevocable consent to such change or modification in the Services. iYogi also reserves the right to restrict or limit your right to use or access the Services enabled with the iYogi Software provided by iYogi.
iv) iYogi may, at its sole discretion, provide or make available additional features, functions, upgrades, sequels, and / or improved version of the iYogi Software from time to time. Such changes / modifications in the iYogi Software may take place automatically or you may be required to download and install additional components on your computer to give effect to such changes. This EULA shall govern all modified or upgraded versions of the iYogi Software made available to you.
v) The iYogi Software made available for download and installation comes in conjunction with other software owned or licensed by a third party. When the iYogi Software is downloaded and installed on the authorized computer, it simultaneously installs such third party software on the authorized computer. On downloading and installing the iYogi Software on authorized computer, you give an irrevocable consent to the terms and conditions or end user license agreement envisaged by the third party as the case may be for the use of their software. iYogi shall in no manner be responsible or liable for any consequences suffered by you by use of third party software under any circumstances.
vi) iYogi or its authorized representative shall have the right to requisition from you (individual or entity) documents and certifications and you shall, within thirty (30) days, fully document and certify that use of the iYogi Software at the time of such requisition is in conformity with this EULA.
vii) iYogi and/or its affiliates may collect and use technical information gathered as part of the Services provided to you, if any, related to iYogi Software and may use this information solely to improve iYogi’s products or to provide customized services or technologies to you. However, provided that iYogi will not disclose this information in a form that personally identifies you.
5. Additional Limitations on Use of iYogi Software.
i) Limitation on Reverse Engineering – You may not reverse engineer, decompile, or disassemble the iYogi Software.
ii) Separation of Components. The iYogi Software is licensed as a single product. Its component parts may not be separated for use by more than one user (authorized person) or for use on more than one computer (authorized computer).
6. Ownership of Intellectual Property. Nothing contained herein shall confer or be deemed to confer any rights, interest, titles of any nature whatsoever to you in respect of the intellectual property rights over the iYogi Software. iYogi shall remain the absolute owner of all such intellectual property rights pertaining to the iYogi Software including but not limited to patents, trademarks, copyrights, design, codes, programming, design, software, logos, signs, etc. Such rights shall also extend to all or any services being provided by iYogi associated with the iYogi Software or otherwise from time to time. You further acknowledge and agree that all intellectual property rights associated with the third party software provided in conjunction with the iYogi Software shall remain vested in such third party software provider notwithstanding any act of download, installation or use of the same, knowingly or unknowingly by you. Any act or attempt to modify, tamper or alter the iYogi Software or associated software or functionality thereof by you or by any third person with your express or implied authority shall be considered as infringement of intellectual property rights of iYogi or the third party software provider as the case may be and shall ensue legal implications against you.
7. Disclaimer of Warranties. Except for the limited warranty provided herein and to the maximum extent permitted by applicable law, we hereby disclaim all other warranties and conditions, either express or implied, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of absence of viruses, and of absence of negligence, all with regard to the iYogi Software, and the provision of or failure to provide support services. Also, there is no warranty or condition of title, quiet enjoyment, and quiet possession, correspondence to description or non-infringement with regard to the iYogi Software.
8. Limitation of Liability. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO DATA OR SOFTWARE LOSS, ARISING OUT OF OR IN CONNECTION WITH YOUR DOWNLOAD, INSTALLATION, USE OR MISUSE, UNINSTALLATION, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, PERSONAL INJURY, AND WHETHER OR NOT THE PERSON CAUSING SUCH LOSS OR DAMAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE LIMITATIONS IN THIS SECTION ARE SEPARATE AND INDEPENDENT OF ANY OTHER REMEDY LIMITATIONS IN THIS EULA AND SHALL NOT FAIL IF ANY OTHER LIMITATION OF REMEDY FAILS. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY EXCEED THE MONETARY CONSIDERATION, IF ANY, PAID BY YOU FOR THIS EULA.
10. Indemnification. BY DOWNLOADING, INSTALLING, USING OR UNINSTALLING THE IYOGI TECHGENIE SOFTWARE, OR USING THE IYOGI TECHGENIE SOFTWARE SERVICES, YOU AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS IYOGI, ITS AFFILIATES, THIRD PARTY IYOGI SOFTWARE LICENSOR’S (THE “INDEMNIFIED PARTIES”), FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, INJURIES, CAUSES OF ACTION, CLAIMS, DEMANDS AND EXPENSES, OF WHATEVER KIND OR NATURE ARISING OUT OF, RELATING TO OR RESULTING FROM ANY CLAIM AGAINST SUCH INDEMNIFIED PARTIES OR ANY ONE OF THEM, ARISING FROM OR RELATING TO (I) ANY BREACH BY YOU OF THIS EULA; OR (II) YOUR DOWNLOAD, INSTALLATION, USE OR UNINSTALLATION OF THE IYOGI SOFTWARE OR THE IYOGI SOFTWARE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CLAIM OF PERSONAL INJURY, INJURY TO REPUTATION, VIOLATION OF PRIVACY, INCLUDING LOSS OF PROPERTY OR LOSS OF USE OF TANGIBLE PROPERTY OR DATA.
12. Termination. This EULA shall remain in effect for a period commencing on the date when you accord your consent to the same and shall remain effective till the same is terminated as laid down herein itself. Termination by you: You may terminate this EULA at any time by uninstalling the iYogi Software from your authorized computer. If you decide to do so, you hereby agree to completely uninstall the iYogi Software from your authorized computer and delete / remove all data, files, etc. stored on your computer in connection with the iYogi Software. Termination by iYogi: iYogi may at any time in its absolute discretion terminate this EULA without assigning reasons thereof. iYogi may also terminate this EULA at any time if it finds or detects that you are in violation of the terms and conditions of this EULA. Upon termination of this EULA, you hereby acknowledge and agree that all licenses to use the iYogi Software shall immediately terminate and any right to use and avail services connected with the iYogi Software will come to an end. You also agree to remove the iYogi Software and delete each and every document, file, etc. maintained on your authorized computer or hardware or any storage media immediately without delay. Any delay in doing so will give rise to rights in favor of iYogi to initiate legal proceedings against you and seek compensation for such unauthorized use of the iYogi Software.
This Agreement and the rights and obligations of the parties under this Agreement and any disputes arising out of or in connection with this Agreement shall be governed in all respects by the
(a) This EULA shall be governed by and construed in accordance with the laws of the United States and the State of New York without regard to conflicts of laws principles that would require the application of the laws of any other jurisdiction.
(b) All disputes or differences arising out of or in connection with this EULA shall be resolved by arbitration. The arbitration shall be conducted in accordance with the Federal Arbitration Act, 9 U.S.C. sections 1-9 (“FAA”) to the maximum extent permitted by applicable law and shall be held in New York, United States of America.
(c) The provisions of this EULA may be modified by iYogi any time at its sole discretion with or without prior notice to you. You may access the modified and updated EULA by visiting the official website of iYogi.