1. Acceptance of EULA
By using the Software, You signify that (a) You have read this EULA (b) You accept and agree to be bound and abide by this EULA, and (c) this EULA has the same force and effect as a signed agreement. If You do not agree to this EULA, You must not access or use the Software.
Using the Software also operates as Your consent to the transmission of certain computer information for licence acquisition and some optional utility functions within the Software. If You are accepting this EULA on behalf of Your employer or a corporate entity, You affirm that You have the authority to accept this EULA on such a party or entity’s behalf. You affirm that You are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, representations, warranties, and indemnification set forth in this EULA, and to abide by and comply with this EULA.
You assume responsibility for the selection of the Software to achieve Your intended results, for the installation of the Software, and for the use of and the results obtained from the Software.
We reserve the right to modify or discontinue the Software (or any portion of the Software), temporarily or permanently, with or without notice to You, and are not obligated to support or update the Software, except as described in this EULA. You agree that Thinvent shall not be liable to You or to any third party in the event that we exercise our right to modify or discontinue the software (or any portion of the software.) Unless explicitly stated otherwise, any new features that augment or enhance the current Software shall be subject to this EULA.
2. License Grant
Subject to the following terms, Thinvent grants to You a non-exclusive, non-transferable, perpetual right (without the right to sublicense) to use the Programs in executable, machine-readable form. The Programs are either a modular operating system or an application consisting of hundreds of software components. With the exception of certain files that are the sole property of Thinvent, the licence agreement for each software component is located in the software component’s source code and permits User to run, copy, modify, and redistribute (subject to certain obligations in some cases) the software component, in both source code and binary code forms. This EULA pertains solely to the Programs and does not limit User’s rights under, or grant User rights that supersede, the licence terms of any particular component.
3. Intellectual Property Rights
The Programs and each of their components are owned by Thinvent and other licensors and are protected under copyright law and other laws as applicable. Title to the Programs and any component, or to any copy or modification shall remain with Thinvent and other licensors, subject to the applicable licence. The “Thinux” mark, the individual Program marks, and the “Bulb” logo are trademarks or registered trademarks of Thinvent. This EULA does not permit you to distribute the Programs using Thinvent trademarks, regardless of whether the Programs have been modified.
4. Limited Warranty
Except as specifically stated in a separate agreement with Thinvent, or a licence for a particular component, to the maximum extent permitted under applicable law, the Programs and the components are provided and licenced “as is” without warranty of any kind, express or implied, including the implied warranties of merchantability, non-infringement or fitness for a particular purpose. Thinvent will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Software. Thinvent warrants that the media on which the Programs and the components are provided will be free from defects in materials and manufactured under normal use for a period of 30 days from the date of delivery to you. Thinvent makes no warranty expressed or implied regarding the fitness of the Software for a particular purpose or that the Software will be suitable or appropriate for the specific requirements of the Licensee.
Thinvent does not warrant that use of the Software will appear or perform precisely as described in the accompanying documentation, or comply with regulatory requirements or be uninterrupted or error‐free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the industry. This warranty extends only to the party that purchases subscription services for the Programs from Thinvent or Thinvent’s authorised distributor.
5. Limitation of Remedies and Liability
To the maximum extent permitted by applicable law, your exclusive remedy under this EULA is to return any defective product within 30 days of delivery along with a copy of your payment receipt and Thinvent, at its option, will replace it or refund the money you paid for the product. To the maximum extent permitted under applicable law, under no circumstances will Thinvent, or any Thinvent’s authorised distributor, or the licensor of any component provided to you under this EULA be liable to you for any incidental, special, consequential, indirect, tort, economic or punitive damages, arising out of the use or inability to use the software or services, including without limitation loss of profits, lost savings, business or data even if Thinvent, authorised distributor, and/or licensor has been advised of the possibility of such damages. In no event will Thinvent or its authorised distributor’s liability or the liability of the licensor of a component’s aggregate liability for direct damages to property or person (whether in one instance or a series of instances) exceed the amount that You paid to Thinvent for the software under this EULA.
6. Open Source
Nothing in this Agreement shall restrict, limit or otherwise affect any rights or obligations You may have, or conditions to which You may be subject, under any applicable open source licences to any open source code contained in the Software.
This Agreement becomes effective on the date You legally acquire the Software and will automatically terminate if You breach any of its terms.
8. Law and Jurisdiction
This Agreement is governed by the Laws of India. Any action at law relating to this Agreement may only be brought before the Courts of competent jurisdiction of New Delhi.
If any provision in this Agreement is invalid or unenforceable, that provision will be construed, limited, modified or, if necessary, severed, to the extent necessary, to eliminate its invalidity or unenforceability, and the other provisions of this Agreement will remain unaffected.