End User License Agreement

Acknowledgment

You acknowledge and agree that:

1. 1.
   This EULA is concluded between Codezep and You only, and not with Apple Inc. (“Apple”) or Google LLC (“Google”).
2. 2.
   Codezep, not Apple or Google, is solely responsible for the Application and the content thereof.
3. 3.
   The usage rules for the Application are subject to the App Store Terms of Service and the Google Play Terms of Service as applicable.

Grant of license

Subject to your compliance with this EULA, Codezep grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

1. 1.
   Download, install, and use the Application on any mobile device that you own or control.
2. 2.
   Access and use the Application strictly for your internal business purposes in connection with the ZEP360® platform.

This license does not allow you to use the Application on any device that you do not own or control, and you may not distribute or make the Application available over a network where it could be used by multiple devices at the same time.

License restrictions

You agree that you will not, and will not permit others to:

1. 1.
   Reverse Engineering: Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application.
2. 2.
   Modifications: Modify, translate, adapt, or create derivative works or improvements, whether or not patentable, of the Application.
3. 3.
   Commercial Exploitation: Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application to any third party.
4. 4.
   Security Circumvention: Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.
5. 5.
   Illegal Use: Use the Application for any illegal purpose or in violation of any local, state, national, or international law (including strict adherence to the Acceptable Use Policy of the ZEP360® platform).

Intellectual property rights

You acknowledge that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this EULA. Codezep retains its entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein.

Updates and maintenance

Collection and use of your information

You acknowledge that when you download, install, or use the Application, Codezep may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application. All information we collect through or in connection with this Application is subject to our Privacy Policy.

No warranty

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CODEZEP, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Apple/Google Warranty Obligation: In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple or Google, and they will refund the purchase price for the Application to you (if applicable). To the maximum extent permitted by applicable law, Apple or Google will have no other warranty obligation whatsoever with respect to the Application.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CODEZEP OR ITS AFFILIATES HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION FOR:

1. 1.
   PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR CODEZEP WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Product claims

Codezep and you acknowledge that Codezep, not Apple or Google, is responsible for addressing any claims of you or any third party relating to the Application or your possession and/or use of that Application, including, but not limited to:

1. 1.
   Product liability claims.
2. 2.
   Any claim that the Application fails to conform to any applicable legal or regulatory requirement.
3. 3.
   Claims arising under consumer protection, privacy, or similar legislation.

Intellectual property claims

In the event of any third-party claim that the Application or your possession and use of that Application infringes that third party’s intellectual property rights, Codezep, not Apple or Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

Legal compliance

You represent and warrant that:

1. 1.
   You are not located in a country that is subject to a U.S. Government or Indian Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country.
2. 2.
   You are not listed on any U.S. Government or Indian Government list of prohibited or restricted parties.

Third-party terms of agreement

You must comply with applicable third-party terms of agreement when using the Application. (e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the Application).

Third-party beneficiary

You and Codezep acknowledge and agree that Apple, Google, and their subsidiaries are third-party beneficiaries of this EULA. Upon your acceptance of the terms and conditions of this EULA, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.

Termination

This EULA is effective until terminated by you or Codezep. Your rights under this EULA will terminate automatically without notice from Codezep if you fail to comply with any term(s) of this EULA. Upon termination of the EULA, you shall cease all use of the Application and destroy all copies, full or partial, of the Application.

Governing law

This EULA is governed by the laws of India, excluding its conflicts of law rules. Your use of the Application may also be subject to other local, state, national, or international laws.

Contact information

If you have any questions, complaints, or claims with respect to the Application, please contact: