PLEASE READ THIS END USER LICENCE AGREEMENT CAREFULLY before downloading, installing, accepting the terms and conditions, and/or using, the software/application E-AUDITING & SYSTEMS INTEGRATION IN EDUCATION (EASIE) (the “SaaS Product”). This End User License Agreement (“EULA”) governs your use of the “EASIE” software/application, and its associated upgrades, patches, and updates and related services provided by Patheya Technologies (India) Pvt. Ltd. (the “Company”). By agreeing to the terms & conditions you will signify your acceptance of the following terms.
This EULA sets out the basis on which Patheya Technologies (India) Pvt. Ltd. makes the Product available to you (“User”) and on which You may use the Product and constitutes a valid and binding legal agreement between Patheya Technologies (India) Pvt. Ltd. and you for the use of the Product “EASIE”. By installing and/or using the Product, you agree to accept and to be bound by this EULA and the “Privacy Policy” herewith at all times. By downloading this Product, you agree to the terms and conditions covered in this agreement
The Company reserves the right to change, modify, add or delete articles in this EULA at any time, in accordance with the procedures described below in Clause 10.
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INTRODUCTION
Patheya Technologies (India) Pvt. Ltd. has developed the mobile and web application E-AUDITING & SYSTEMS INTEGRATION IN EDUCATION (EASIE) (the “Product”) for gathering information, notes, questionnaires, forms, electronic documentations, images and other information related to administration, course work, study program, gradation and events in educational institutions, universities, and academies for the purpose of approval, accreditation, certification, ranking, reference, and compilation of data for educational institutions, universities, and academies. Patheya Technologies (India) Pvt. Ltd. through “EASIE” shall collect the afore-said data and may share it in a compiled format with assessment and/or accreditation government or non-government organizations such as “NAAC” for the purpose of accreditation/certification of the educational institutions, universities, and academies. -
GRANT OF LICENSE
- 2.1 Pursuant to this EULA, Patheya Technologies (India) Pvt. Ltd. through “EASIE” shall grant You a non-exclusive, non-transferable, non-sublicensed, non-commercial and personal license to install and/or use the Product (in whole or in part) on the device on which you download the App, for such time until either You or Patheya Technologies (India) Pvt. Ltd. terminates this EULA. You must in no event use, nor allow others to use, the Product or this License for commercial purposes without obtaining a license to do so from Patheya Technologies (India) Pvt. Ltd.
- 2.2 You shall not, directly or indirectly (i) sell, rent out, lease, license, distribute, market, exploit the Product or any of its parts commercially; (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of this Product, in whole or in part; (iii) create, use and/or distribute “auto”, “trainer”, “script” or “macro” computer programs or other “cheat” or “hack” programs or software applications for this Product; (iv) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this Product; and (v) export or re-export this Product or any copy of adaptation in violation of any applicable laws or regulations.
- 2.3 While using the Product, you agree to comply with all applicable laws, rules and regulations. You shall only use the Product as anticipated, i.e. for providing, receiving, approving and/or compiling information, notes, questionnaires, forms, electronic documentations, images and other information related to administration, course work, study program, gradation and events in educational institutions, universities, and academies.
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2.4 Patheya Technologies (India) Pvt. Ltd. shall have the right
to
take action against You,
if You:
- create, use, share and/or publish by any means in relation to the Product any material (text, words, images, sounds, videos, etc.) which would be a breach of confidentiality, infringe any intellectual property rights or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software);
- modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or any part of the Product, or its accessibility to other users, or attempt to do any of the above;
- transmit or propagate any virus, Trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Product, and/or organize, participate in or be involved in any way in an attack on the servers of Patheya Technologies (India) Pvt. Ltd. and/or the Product and/or those of its service providers;
- create, supply or use alternative methods of using the Products, for example server emulators;
- post spamming chat, whether for personal or commercial purposes;
- transmit or communicate any material or content which, in the sole and exclusive discretion of Patheya Technologies (India) Pvt. Ltd., is believed or deemed to be offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
- harass or threaten other users of the Product;
- upload untruthful or false reports while using the Product.
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OWNERSHIP
- 3.1 All title, ownership rights and intellectual property rights in and to the Product (including, without limitation, all text, forms, graphics, music or sounds, all messages or items of information, names, themes, objects, background, representation, effects, diagrams, concepts, videos, audio-visual effects, domain names and any other elements which are part of the Product, individually or in combination) and any and all copies thereof are owned by Patheya Technologies (India) Pvt. Ltd. or its licensors. The Product is protected by national and international laws, copyright treaties and conventions and other laws. This Product may contain certain licensed materials and, in that event, licensors of Patheya Technologies (India) Pvt. Ltd. may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without Patheya Technologies (India) Pvt. Ltd. prior permission and, if applicable, permission of the licensors of Patheya Technologies (India) Pvt. Ltd. Patheya Technologies (India) Pvt. Ltd. reserves all rights not expressly granted to you in this EULA.
- 3.2 This License confers no title or ownership in the Product and should not be construed as a sale of any rights in the Product.
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AUTHORIZED USERS
- 4.1 You shall create an account with unique credentials and a strong password for accessing the Product “EASIE”. On creating the profile, you acknowledge and agree that the profile information and password will remain confidential to you and that you will not share the profile information or the password with any other individual or entity. And that, Patheya Technologies (India) Pvt. Ltd. cannot be held liable for any loss of data or compromise to your account caused by sharing of any confidential information by you with other individual or entity.
- 4.2 Any third party may not access your account under a remote computing service, timesharing, facilities management, outsourcing, or other such third-party access arrangements. You shall not distribute the content on the portal to any third party in modified or unmodified form through any form of distribution such as digital or in print, with or without costs.
- 4.3 You may download/upload content on the portal; however, use of the Product shall be restricted to you strictly for your personal use or (here personal use means not sharing with anyone else. Or not allowing anyone else to use it on behalf of the user) for the use of the institution/university/academy. Commercial use of the content available on the portal shall be strictly restricted. Any other uses of the content will require explicit permission from Patheya Technologies (India) Pvt. Ltd.
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ACCESS TO THE PRODUCT
- 5.1 The Product can be installed on a phone, smartphone or tablet having access to an electronic communication network for connecting to the Internet. You acknowledge that the quality of the Product, the response time or access to certain features may depend on the capacities of your device and strength of the electronic communication network. You acknowledge that the Product may not work alike on all mobile devices or through all network service providers. Patheya Technologies (India) Pvt. Ltd. shall in no way be held responsible for reduced user comfort.
- 5.2 In order to effectively use the Product, you may be required to provide certain personal data. Patheya Technologies (India) Pvt. Ltd. may collect and store data about You/ an individual/ institutions/ group of institutions in relation to Your use of the Product, Your connection information and/or Your Mobile Device. Certain data may be recorded, archived, analyzed and used to create user statistics or for further processing. Your privacy is very important to Patheya Technologies (India) Pvt. Ltd. and Patheya Technologies (India) Pvt. Ltd. shall not reveal your personal data to third parties except when needed for the purpose of working of the Product as agreed by you by installing the App or when expressly authorized by you to do so. Patheya Technologies (India) Pvt. Ltd. may be under a duty to disclose or share your personal data in order to comply with a legal obligation, or in order to protect Patheya Technologies (India) Pvt. Ltd. rights and those of other users, licensors and licensees. Patheya Technologies (India) Pvt. Ltd. shall reserve the right to collect, store and use specific and anonymous data about your activity on the App. For further information concerning use of your personal data, please read the Privacy Policy described below in Clause 6.
- 5.3 Patheya Technologies (India) Pvt. Ltd. may use analytical tools to collect information concerning your use of the Product. The analytical tools may use server log files, web beacons, cookies, tracking pixels and other technologies to collect said information. Standing alone, this information is not “personal data” under the Privacy Policy of Patheya Technologies (India) Pvt. Ltd.
- 5.4 The Product may display general information obtained from third parties for explaining the criteria, metrics, marking system, documentation requirement, etc., such as information from recognized assessment and/or accreditation government or non-government organizations such as NAAC, UGC. Information regarding, for example, NAAC accreditation, UGC guidelines, and other such rules and regulations are freely available on the respective websites of these organizations. Patheya Technologies (India) Pvt. Ltd. in no way claims any ownership or authority over such information obtained from third parties, and only presents the information on an “as available” basis free-of-cost to the users. Patheya Technologies (India) Pvt. Ltd. does not assure accuracy of such information, nor is it obligatory for the company to expeditiously update such information as and when altered by external agencies.
