Definition of Terms
- Agreement: Refers to this End-User License Agreement along with any schedules, exhibits or attachments, made between Licensee and Licensor for the Licensed Product.
- Licensee: Refers to you as an individual or an entity along with any of your affiliates of any nature.
- Licensor: Refers to the owners and promotors of PPTINFOGRAPHICS.com, which is in the process of being set up as a legal entity in India.
- Licensed Product: Refers to Infographics for Microsoft PowerPoint along with any and all of its components, libraries, content and documentation, developed and sold via Pptinfographics.com.
- Associated Media: Refers to any PowerPoint file, pptx file, ppts file, ppt file, images, gif files, videos or audios used as a part of either the Licensed Product or as a part of the promotional content of the Licensed Product.
Effective Date of Agreement and Term of Agreement
The Effective Date of this agreement is the date at which the Licensed Product is made available by the Licensor to the Licensee.
Grant of Usage License
- Licensed Product: The Licensed Product that is subject of this Agreement are the PowerPoint Files, Key Note Files, Google Slide Files,, and any and all of its supporting files, images and documentation that are provided “as-is” with it, including but not limited to, PowerPoint objects, pictures, icons, maps, wireframes and all other associated content.
- Grant of License: Licensor grants Licensee the right to install and use copies of the Licensed Product on a computer running a validly licensed copy of the operating system for which the Licensed Product was designed [e.g. Microsoft Windows 7, Windows 8, Windows 10] and a validly licensed copy of the host application [e.g. Microsoft PowerPoint 2010, PowerPoint 2013, PowerPoint 2016, PowerPoint O365]. The Licensee may also make copies of the Licensed Product as may be necessary for backup and archival purposes.
- Copyrights and Ownership of Intellectual Property: Nothing in this Agreement shall be interpreted to transfer ownership of any copyright, trademarks or service marks from the Licensor or its suppliers to the Licensee or Authorized Users. All content, including but not limited to copyrights, in and to the Licensed Product and any copies thereof are owned by the Licensor or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Licensed Product is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This agreement grants Licensee no rights to use such content. All rights not expressly granted are reserved by the Licensor or its suppliers.
- Components: The Components included in the Licensed Product are only licensed for use in connection with the Licensed Product. Licensee may not use those Components for any other purpose, nor may link, compile or otherwise combine those Components with other programs, modify, rent, release, lend, sublicense or otherwise redistribute those Components, in whole or in part.
TERM, FEES AND RENEWAL
- Term of Agreement: This Agreement shall be in effect from the Effective Date and until the license term is reached. The license term is reached after an amount of time that must be previously agreed upon between the Licensor and the Licensee.
- Termination for Breach: If either Licensor or Licensee believes that the other has materially breached any obligations under this Agreement, such party shall notify the other party of the alleged breach in writing. If a material breach has occurred, the breaching party shall have fifteen (15) days from the receipt of notice to use all reasonable and possible means to cure the breach and to notify the non-breaching party in writing that cure has been effected. If the breach is not cured within fifteen (15) days, the non-breaching party shall have the right to terminate the Agreement without further notice. Once this Agreement terminates, any or all accesses granted to the Licensee by the Licensor may be revoked without any further notice.
AUTHORIZED USERS AND USES
- Authorized Users: Authorized users are Licensee, their affiliates which may include employees, interns, staff and contractors either fulltime or part time located anywhere worldwide.
- Authorized Uses: Licensee and Authorized Users may electronically transform, display, download, digitally copy, and print a reasonable portion of the Licensed Materials for their own work. Licensee and Authorized Users may extract and use the Licensed Materials for training and other educational purposes. Licensee or Authorized Users may transmit to a third party, in paper or electronically, reasonable amounts of the Licensed Product for personal uses, or as a part of their own Works.
Licensor expressly disclaims any warranty for the Licensed Product. The Licensed Product is provided without any explicit or implied warranty of any kind. Licensor does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Licensed Product. Licensor makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, or other such computer program. Licensor expressly disclaims any warranty or representation to Authorized Users or to any third party.
LIMITATION OF LIABILITY
In no event shall Licensor be liable for any damages of any sort (including, without limitation, lost profits, business interruption, or lost information) rising out of Licensee or Authorized User’s use of or inability to use the Licensed Product, even if Licensor has been advised of the possibility of such damages. In no event will Licensor be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Licensor shall have no liability with respect to the content of the Licensed Product or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
For clarity, notwithstanding anything else in this Agreement, neither Licensor nor Licensee shall be liable for any indirect, special, incidental, punitive, or consequential damages, including loss of data, business interruption, or loss of profits that arises from the use of the Licensed Materials, or inability to use the Licensed Product. The entire risk of arising out of use or performance of Licensed Product remains with the Licensee.
Restrictions and Limitations
- Maintenance of Copyrights: Licensee or any authorized user must not remove or alter any copyright notices on any and all copies of the Licensed Product.
- No Distribution: Licensee or any authorized user shall not distribute or sell copies of the Licensed Product to third parties of any nature.
- No resale: Licensee or any authorized user shall not use the Licensed Product for commercial purposes of any sort. This restriction expressly prohibits the Licensee from selling Licensed Product or any part thereof in any shape and form.
- No Rental: Licensee or any authorized user may not rent, lease, or lend the Licensed Product.
- Documents of Licensee: By design of the Licensed Product, the Licensor does not have access to any document of Licensee or Authorized Users. If the Licensor were to acquire knowledge or to be in possession of the content of documents from Authorized Users, the Licensor shall treat them with the appropriate level of confidentiality.
- Diagnostic and usage data: Licensee or Authorized users agree that the Licensor and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Licensed Materials, and to verify compliance with the terms of this license.
- Personal data confidentiality and security: The Licensor agrees that no personal data, including but not limited to log-ins recorded in system logs, IP addresses of patrons accessing the system, saved searches, usernames and passwords, will be shared with third parties, except in response to a court order, or other legal requirement including book-keeping.
- Reference: Licensee and Licensor grant each other the right to use each other’s company name as reference.
- Exception for license management: Licensee agrees that the Licensor may share personal data such as email address with other persons in the Licensee’s organization for license management purpose. The Licensee agrees that the Licensor may collect on his systems or files personal data for license management purpose. This data can include email, computer identification number, date of activation of the Licensed Material, software version and data of last usage of the software.
- Data collection for book-keeping: If payment is made or due by the Licensee to the Licensor, the Licensee agrees that the Licensor may collect on his systems or files personal data for book-keeping purpose. This data can include email, name, organization, address, tax ID, number and price of licenses, dates of invoices and payments, etc.
- Right to be forgotten: The Licensor will delete any personal data collected after 3 years of inactivity. Inactivity will be considered in light of the date of the last time the Licensed Material were used on the computer of the Licensee.
- Right to access, rectify or withdraw consent of use of personal data. Licensee has the right to request at any time to access his personal data collected by the Licensor and to rectify it. Licensee has also the right to withdraw consent of use of his personal data and may request that his personal data be deleted from all systems and files of the Licensor. To access, rectify or withdraw consent of use of personal data, the Licensee may express his demand in written by use of mail or electronic mail. This right may suffer exceptions in response to a subpoena, court order, or other legal requirement including book-keeping and other legitimate uses.