This End User License Agreement ("Agreement") is a binding agreement between the user ("you", "your", “Students”, “Parents”, “Staff”, “Teachers” or "End User" referred to collectively as “You”) of the software application and web portal (as defined herein) and USENSE INNOVATIVE SOLUTIONS PVT. LTD. ("USENSE"), a company registered at Office No. 714/715, Rupa Solitaire, 7th floor, Millennium Business Park, Mahape, Ghansoli, Navi Mumbai, Maharashtra 400701. This Agreement governs your use of the USENSE Mobile Device Software, including the Hosted Software (“EDUSENSE”), any gadgets, devices or electronic equipment (all as defined herein) and all related documentation. The Mobile Device Software is licensed, not sold, to you.
BY DOWNLOADING/INSTALLING OR USING THE APPLICATION, YOU
USENSE, through the Mobile Device Software, provides the Services to parents and their children Subject to your compliance with the terms of this Agreement, USENSE grants you a personal, limited, terminable, non-exclusive, non-transferable license to:
You acknowledge and agree that the Mobile Device Software is provided under license, and not sold, to you. You do not acquire any ownership interest in the Mobile Device Software under this Agreement or any other rights thereto other than to use the Mobile Device Software in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. USENSE and its licensors and service providers reserve and shall retain each of their entire right, title and interest in and to the Mobile Device Software and Website. All rights not specifically granted in this Agreement are reserved by USENSE. USENSE shall own all rights in any functionality, features, modification or customization of the Mobile Device Software.
The Mobile Device Software and access to USENSE's Hosted Software are provided for access and use only by persons located in the India. You acknowledge that you may not be able to access all or some of the Hosted Software outside of the India and that access thereto may not be legal by certain persons or in certain countries. If you access the Hosted Software from outside the India, you are responsible for compliance with local laws.
USENSE may from time to time in its sole discretion develop and provide Mobile Device Software updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that USENSE has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the Internet either:
The Mobile Device Software may display, include or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third Party Materials"). You acknowledge and agree that USENSE is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. USENSE does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties' terms and conditions.
You agree to indemnify, defend and hold harmless USENSE and its officers, directors, employees, agents, affiliates, service providers, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Mobile Device Software or your breach of this Agreement.
This Agreement constitutes the entire agreement between you and USENSE with respect to the Mobile Device Software and the use of the Hosted Software and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect thereto. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder pre-include further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
This Mutual Nondisclosure Agreement (“Agreement”) is made and entered into as PARTNERS, CUSTOMERS, CONTRACTORS, VENDORS, SUPPLIERS, SUBJECT MATTER EXPERTS, INNOVATORS, SOLUTION PROVIDERS AND ASSOCIATES ATTACHED WITH THE PROJECT, between USENSE INNOVATIVE SOLUTIONS PVT LTD, and