INDIANCAMP SERVICE TERMS & CONDITIONS – INDIANCAMP LIMITED ("IC")
IF YOU
ARE ABOUT TO OR HAVE LOGGED INTO THE BRAVE2 INDIANCAMP SERVICE YOU
MUST HAVE AN AGREEMENT IN PLACE TO ALLOW YOU TO ACCESS THE INDIANCAMP
SERVICE
CONFIDENTIALITY
The Service and any license authorisation
codes are confidential and proprietary information of IC. You agree to take adequate
steps to protect the Service and any license authorisation codes,
if any, from unauthorised disclosure or use. You agree that You will not disclose
the Service, in any form, to any third party, except as otherwise provided
herein.
WARRANTY
IC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED
OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD
PARTY INTELLECTUAL PROPERTY RIGHTS, AND ANY WARRANTY THAT MAY ARISE BY REASON OF
TRADE USAGE, CUSTOM, OR COURSE OF DEALING. WITHOUT LIMITING THE FOREGOING,
YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED "AS IS" AND THAT IC DOES
NOT WARRANT THAT THE SERVICE WILL RUN UNINTERRUPTED OR ERROR FREE NOR THAT THE
SERVICE WILL OPERATE WITH HARDWARE AND/OR SOFTWARE NOT SPECIFIED BY IC. THIS DISCLAIMER
OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME STATES DO NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY
TO YOU, AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
LIMITED LIABILITY
THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE
SOFTWARE IS ASSUMED BY YOU. UNDER NO CIRCUMSTANCES WILL IC OR ITS LICENSORS BE
LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF
ANY KIND OR NATURE WHATSOEVER, WHETHER BASED ON CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY
RELATED TO THE SERVICE OR THIS AGREEMENT, EVEN IF IC OR ITS LICENSORS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR IF SUCH DAMAGE
COULD HAVE BEEN REASONABLY FORESEEN, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
PURPOSE OF ANY EXCLUSIVE REMEDY PROVIDED IN THIS AGREEMENT. SUCH LIMITATION ON
DAMAGES INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS,
LOSS OF DATA OR SOFTWARE, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION
OR IMPAIRMENT OF OTHER GOODS. IN NO EVENT WILL IC OR ITS LICENSORS BE LIABLE
FOR THE COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES. IN ADDITION, IN NO EVENT
WILL THE TOTAL LIABILITY OF IC IN CONNECTION WITH THIS AGREEMENT OR THE
SOFTWARE EXCEED THE ACTUAL AMOUNT PAID TO IC, IF ANY, FOR THE SERVICE RISE TO THE
CLAIM. YOU ACKNOWLEDGE THAT THIS SERVICE IS NOT DESIGNED OR LICENSED FOR USE
WITH ON-LINE EQUIPMENT IN HAZARDOUS ENVIRONMENTS SUCH AS OPERATION OF NUCLEAR
FACILITIES, AIRCRAFT NAVIGATION OR CONTROL, OR LIFE-CRITICAL APPLICATIONS. IC
EXPRESSLY DISCLAIMS ANY LIABILITY RESULTING FROM USE OF THE SERVICE WITH ANY
SUCH ON-LINE EQUIPMENT IN HAZARDOUS ENVIRONMENTS AND ACCEPTS NO LIABILITY IN
RESPECT OF ANY ACTIONS OR CLAIMS BASED ON THE USE OF THE SOFTWARE IN ANY SUCH
ON-LINE EQUIPMENT IN HAZARDOUS ENVIRONMENTS BY YOU. FOR PURPOSES OF THIS
PARAGRAPH, THE TERM "LIFE-CRITICAL APPLICATION" MEANS AN APPLICATION
IN WHICH THE FUNCTIONING OR MALFUNCTIONING OF THE SERVICE MAY RESULT DIRECTLY
OR INDIRECTLY IN PHYSICAL INJURY OR LOSS OF HUMAN LIFE.
TERMINATION
This Agreement will terminate immediately and automatically without notice if
You breach any provision in this Agreement. Upon termination You will remove
all copies of the Service or any part of the Service from any and all
computer storage devices and destroy any associated Software. At IC's request, You or your
authorized signatory, will certify in writing to IC that all complete and
partial copies of the Service have been destroyed and that none remain in your
possession or under your control. The provisions of this Agreement, except for
the license grant and warranty, will survive termination.
EXPORT LAW
You acknowledge and agree that the Service may be subject to restrictions and
controls imposed by the United States Export Administration Act (the
"Act") and the regulations there under. You agree and certify that
neither the Service nor any direct product thereof is being or will be
acquired, shipped, transferred, or re-exported, directly or indirectly, into
any country, except pursuant to an export control license under the Act and the
regulations there under, or will be used for any purpose prohibited by the
same. By using the Service, You are acknowledging and agreeing to the
foregoing, and You are representing and warranting that You will comply with
all of the United States and other applicable country laws and regulations when
either exporting or re-exporting or importing the Software or any underlying
information technology. Further, You represent and warrant that You are not a
national of Cuba, Iran, Iraq, Libya, North Korea, Sudan or Syria or a party listed in the U.S. Table of Denial Orders or U.S. Treasury Department's
list of Specially Designated Nationals.
GOVERNING LAW
This Agreement is governed by the laws of England and Wales without regard to conflict of laws rules and principles.
MISCELLANEOUS
If any provision hereof shall be held illegal, invalid or unenforceable, in
whole or in part, such provision shall be modified to the minimum extent
necessary to make it legal, valid and enforceable, and the legality, validity
and enforceability of all other provisions of this Agreement shall not be
affected thereby. No delay or failure by either party to exercise or enforce at
any time any right or provision hereof shall be considered a waiver thereof or
of such party's right thereafter to exercise or enforce each and every right
and provision of this Agreement. This Agreement will bind and inure to the
benefit of each party's permitted successors and assigns. You may not assign
this Agreement in whole or in part, without IC's prior written consent. Any
attempt to assign this Agreement without such consent will be null and void.
This Agreement is the complete and exclusive statement between You and IC
relating to the subject matter hereof and supersedes all prior oral and written
and all contemporaneous oral negotiations, commitments and understandings of
the parties, if any. In the case of any conflict between the terms of this
Agreement and the provisions of any purchase order for the Software, the terms
of this Agreement shall control.
COPYRIGHTS
INDIACANMP
© Copyright 2004-2005 INDIANCAMP Limited, All Rights Reserved.
This service may contain other copyrighted software and service which is subject to different license terms. Details of such software (if any) can be found in the COPYRIGHTS file that accompanies this license file.