Terms of Use

KDK SOFTWARES (INDIA) PRIVATE LIMITED ("KDK") END USER LICENSE AGREEMENT

THIS END USER LICENSE AGREEMENT ("AGREEMENT") is a legal contract between you and KDK SOFTWARES (INDIA) PRIVATE LIMITED ("KDK").

Please read the terms and conditions of this Agreement carefully before subscribing to or otherwise accessing or using this licensed software. By subscribing to or otherwise accessing or using this licensed software, you agree to the terms of this Agreement. If you are accepting these terms on behalf of another person, company, or other legal entity, you represent and warrant that you have full authority to bind that person, company, or legal entity to these terms.

If you do not agree to these terms:

  • – You should not click the "I Accept" or similar button.

  • – Terminate the subscription process forthwith.

1. DEFINITIONS

  1. "Access Fee" means the agreed fee payable at a predetermined interval (excluding any taxes and duties) by you for the limited right to use the Licensed Software on terms and conditions set out in this Agreement.
  2. "Authorized Device(s)" means a device(s) owned, leased, or otherwise controlled by the Member from which it shall subscribe to or use the Licensed Software for its use as per the terms and conditions set out in this Agreement.
  3. "Documentation" means explanatory materials in printed, electronic, or online form accompanying the Licensed Software in English and other languages, if available.
  4. "DATs" means detection definition files, also referred to as signature files, which contain the anti-malware software to detect and repair viruses, Trojan horses, and potentially unwanted programs.
  5. "Data" shall have the meaning ascribed to it in Clause 12.1 of this Agreement.
  6. "KDK SOFTWARES (INDIA) PRIVATE LIMITED ("KDK")/ We" means a company incorporated under Companies Act, 1956, with its registered office at 'Goyal Villa', A-40, Shyam Nagar, Jaipur - 302019, Rajasthan, INDIA, India, and who is the owner and administrator of Our Website and the Licensed Software.
  7. "Licensed Software" means any software which the Member subscribes to on Our Website and avails the right to use the same on payment of Access Fee to KDK SOFTWARES (INDIA) PRIVATE LIMITED ("KDK").
  8. "Member(s)/You" means any person who has registered on Our Website and avails the limited right to use the Licensed Software from Our Website.
  9. "Our Website" means www.ExpressRECO.com.

2. RIGHT TO USE

  1. Subject to the terms and conditions of this Agreement, including without limitation payment of any and all applicable Access Fee, KDK SOFTWARES (INDIA) PRIVATE LIMITED ("KDK") hereby grants to you a limited, non-exclusive, non-sublicensable, non-transferable right to use to the Licensed Software ("License"). To use the Licensed Software includes the right to access the Licensed Software solely for your own personal use or internal business operations or for the benefit of any other person than yourself (whether a body corporate or otherwise) in accordance with the terms stated in this Agreement including restrictions and limitations provided under this Agreement.
  2. The Licensed Software, including, without limitation, its object code and source code, whether or not provided to you, is strictly confidential to KDK SOFTWARES (INDIA) PRIVATE LIMITED ("KDK"). KDK SOFTWARES (INDIA) PRIVATE LIMITED ("KDK") (or its licensors) exclusively owns and reserves all right over the Licensed Software, and you do not own or possess any right, title, and interest in the Licensed Software, including, without limitation, all intellectual property rights on the Licensed Software, except to the extent of the limited right to use the Licensed Software granted to you in this Agreement.
  3. This Agreement is not an agreement of sale, and no title, intellectual property rights, or ownership rights to the Licensed Software are transferred to you pursuant to this Agreement.

3. REGISTERING THE LICENSED SOFTWARE

3.1 Account Sign In:

You shall be required to sign in to your account on Our Website to use or access the Licensed Software, and you agree to do so within the time specified by the Licensed Software; otherwise, you will not be able to continue to use the Licensed Software.

4. SCOPE OF USE

4.1 Your limited right to use the Licensed Software is conditioned on each of the following restrictions, and any use of this Licensed Software in violation of any of these restrictions or any other terms of this Agreement is a material breach of this Agreement:

  1. You agree to protect your password and account from all unauthorized use and be solely responsible for creating backup files of all data accessed by or used for the purpose of using the Licensed Software.
  2. You agree not to: use the Licensed Software in a way that violates any applicable laws or regulations; distribute viruses or other harmful code; engage in any conduct that disrupts the Licensed Software; or engage in data scraping or similar extraction methods.

5. TERM

This Agreement shall commence on the date you subscribe to the Licensed Software and shall be effective for a limited period as specified in the subscription plan selected by you ("Term"), unless this Agreement is terminated in accordance with the terms provided in this Agreement.

6. GENERAL RESTRICTIONS

You shall not, and you shall not cause or allow any third party to: sell, distribute, lease, rent, sublicense, modify, change, alter, assign, or transfer the Licensed Software; decompile, disassemble or reverse-engineer the Licensed Software; remove or tamper with any copyright notices; or use the Licensed Software for timesharing or service bureau purposes.

7. ACKNOWLEDGEMENT AND WARRANTY

A. ACKNOWLEDGEMENT

  1. Any data entry, conversion or storage is subject to the likelihood and machine errors, malicious manipulation, omission, delays and losses. KDK SOFTWARES (INDIA) PRIVATE LIMITED ("KDK") shall not be liable for any such errors, omissions, delays, or losses.
  2. KDK SOFTWARES (INDIA) PRIVATE LIMITED ("KDK") has no responsibility to any person other than You and nothing in this Agreement confers, or purports to confer, a benefit on any person other than You.
  3. KDK SOFTWARES (INDIA) PRIVATE LIMITED ("KDK")'s refusal to provide any person access to your information or Data or use of the Licensed Software in accordance with this Agreement.

B. WARRANTY

  1. The Licensed Software is provided "as is" and KDK SOFTWARES (INDIA) PRIVATE LIMITED ("KDK") makes no representations or warranties, and disclaims all representations, warranties, and conditions, oral or written, express or implied.
  2. KDK SOFTWARES (INDIA) PRIVATE LIMITED ("KDK") exempts its liability for damage, impairment, disruption, malfunctioning, failure, etc. of the Authorized Device on which the Licensed Software is used.
  3. KDK SOFTWARES (INDIA) PRIVATE LIMITED ("KDK") does not give professional advice. If you have any accounting or tax-related questions, please contact our accountants/tax consultants.

8. INTELLECTUAL PROPERTY

  1. General Title to, and all Intellectual Property Rights in the Licensed Software, Our Website, any Documentation relating to the Services and any results achieved by Data entered by You on the Licensed Software or Our Website remain the exclusive property of KDK SOFTWARES (INDIA) PRIVATE LIMITED ("KDK").

  2. Ownership of Data Title to, and all Intellectual Property Rights in the Data provided by the User, remains the property of User. You grant KDK SOFTWARES (INDIA) PRIVATE LIMITED ("KDK") a license to use, copy, transmit, store, and back-up your Data for the purpose of enabling you to use the Licensed Software or Our Website.

9. LIMITATION OF REMEDIES AND DAMAGES

  1. KDK SOFTWARES (INDIA) PRIVATE LIMITED ("KDK") disclaims all warranties, express or implied, with respect to the licensed software and any services furnished in connection with this agreement.
  2. Under no circumstances and under no legal theory shall KDK SOFTWARES (INDIA) PRIVATE LIMITED ("KDK") be liable to you for any indirect, special, incidental, punitive, exemplary, consequential, or extra-contractual damages of any kind.
  3. In no event shall either party's aggregate liability to the other party for direct damages under this agreement exceed the amount of access fee paid or payable by you for the licensed software giving rise to such claim during the 12 months immediately preceding the event giving rise to such claim.

10. LICENSE EXPIRATION

Your Licensed Software shall include an expiration date for the expiration of the License to use the Licensed Software. You may renew your License to use this Licensed Software on payment of applicable Access Fee.

11. BREACH AND TERMINATION

11.1 KDK SOFTWARES (INDIA) PRIVATE LIMITED ("KDK") shall have the right to terminate this Agreement if You:

  1. Breach any of the terms and conditions of this Agreement and do not remedy the breach within 14 (fourteen) days after receiving the notice of the breach, if the breach is capable of being remedied;
  2. If You or your business becomes insolvent or your business goes into liquidation.

11.2 Consequences of Termination:

  1. Suspend or terminate for any definite or indefinite period of time, your use of Licensed Software
  2. Suspend or terminate access to all or any Results and right to cease such Results.
  3. Shall have a right to seek damages from the User.

12. PRIVACY AND COLLECTION OF PERSONAL OR SYSTEM INFORMATION

12.1 The Licensed Software or Our Website may employ applications and tools to collect personally identifiable, sensitive, or other information about You.

12.2 By subscribing or using the Licensed Software or accessing Our Website, You agree to KDK SOFTWARES (INDIA) PRIVATE LIMITED ("KDK")'s Privacy Policy on Our Website to the collection, processing, copying, backup, storage, transfer, and use of any Data by KDK SOFTWARES (INDIA) PRIVATE LIMITED ("KDK").

13. CONFIDENTIALITY

You shall permit only authorized users, who possess rightful access, to use the Licensed Software or to view the Documentation.

14. GOVERNING LAW

This Agreement shall be governed by laws of India. Any dispute or difference arising out of or relating to this Agreement shall be subject to the jurisdiction of courts of Jaipur, Rajasthan.

15. MISCELLANEOUS

  1. Any terms of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination.
  2. With or without prior notice, KDK SOFTWARES (INDIA) PRIVATE LIMITED ("KDK") may audit your use of the Licensed Software to ensure that You comply with the terms and conditions of this Agreement.
  3. KDK SOFTWARES (INDIA) PRIVATE LIMITED ("KDK") may assign this Agreement, in whole, at any time subject to your prior written consent.
  4. In the event that any provision of this Agreement shall be held invalid, illegal or unenforceable under applicable law, the remainder of the Agreement shall continue to be legal, valid, effectual, and binding on the Parties hereto.
  5. This Agreement constitutes the entire agreement between You and KDK SOFTWARES (INDIA) PRIVATE LIMITED ("KDK") with respect to the subject matter hereof.
  6. Any notice given under this Agreement must be in writing by email. Notices to KDK SOFTWARES (INDIA) PRIVATE LIMITED ("KDK") must be info@kdksoftware.com.