This document ("terms of use") is an agreement Elena Geo Tech
private limited software license agreement Important legal
notice to all users:
Carefully read the following legal agreement before you start
using the software.
This end user license agreement ("agreement") is a legal
agreement between you (either an individual or, if purchased
or otherwise acquired by or for an entity, an entity who uses
the software (as defined herein below) of the company
(hereinafter referred to as the "user/you/your") and Elena Geo
Tech private limited (herein after referred to as
"Elena/company/we/us/our" which expression shall, unless the
context requires otherwise, mean and include its successors
and permitted assigns).
By accepting to this agreement or by entering corresponding
symbol(s) you consent to be bound by the terms and conditions
of this agreement. Such action is a symbol of your signature,
and you are consenting that you have read and understood this
agreement and agree to be bound by the agreement. You agree
that you are becoming a party to this agreement and agree that
this agreement is enforceable like any written negotiated
agreement signed by you. If you do not agree with the terms
and conditions of this agreement, do not continue the
installation process and delete or destroy all copies of the
software in your possession.
In the event a license contract or similar document is
accompanied with the software, terms of the use of the
software as detailed in such document, this end user license
agreement shall be read along with such similar document.
After clicking the accept button in the agreement window or
after entering corresponding symbol(s) you have the right to
use the software in accordance with the terms and conditions
of this agreement.
The company reserves the right, at its sole discretion, to
change, modify, add or remove portions of terms of this
agreement, at any time.
It is your responsibility to check the terms of this agreement
periodically for changes. Every access by you of the platform
will mean that you have agreed to accept and adhere to the
terms of this agreement as amended and applicable at such
time.
The company retains the right to deny access to the software
to anyone whom it believes has violated any of the terms of
this agreement or for any reason whatsoever at its sole
discretion. . Elena and the User are hereinafter collectively
referred to as the "Parties" and individually as "Party".
"Computer(s)" means combination of hardware(s), including personal computers, laptops, workstations, personal digital assistants, 'smartphones', hand-held devices, or other electronic devices, and operating system(s) (including system virtual machines) for which the Software is designed and will be installed and/or used.
The Company may terminate this Agreement at the option of the Company without notice in the event of a breach of the terms of this Agreement by the User. The User may terminate this Agreement with a prior notice of 30 (Thirty) Days to the Company.
The Parties agree and acknowledge that, upon termination of this Agreement for any reason, the User understands and accepts that the Company will have no further obligation to provide access to the Software and all licenses and other rights granted to the User under this Agreement shall cease immediately.
The technical support described in above of this Agreement is provided to you when the latest Update of the Software is installed. Technical support service User's data, specified on Web-Portal, can be used by support specialists only when processing User requests.
When activating the Software by the activation code, to
collect statistical information on the distribution and use of
Elena’s products, you agree to provide the following
information during the use of the Software automatically:
The version of the installed Software, including the updates,
installation ID and information about current License,
The operating system version, Identifiers of the Software
components that are active at the time of information
provision.
Elena has the right to withdraw linking permissions at any
time and without notice..
To improve (i) security awareness about new threats and their
sources and (ii) Your security protection level, Elena, with
Your consent may collect information regarding threats,
security information and allied Computer environmental
information for Elena Cloud services. You may activate or
deactivate the Elena Cloud services any time in the Software
options page. You further acknowledge and agree that any
information voluntarily provided by the company to Elena, can
be used to track and publish reports on security risk trends
in the company's sole and exclusive discretion.
You shall not emulate, clone, exploit, rent, lend, lease,
sell, modify, decompile, or reverse engineer the Software or
disassemble or create derivative works based on the Software
or any portion thereof with the sole exception of a
non-waivable right granted to You by applicable legislation.
You shall not otherwise reduce any part of the Software to
human readable form or transfer the licensed Software, or any
subset of the licensed Software, nor permit any third party to
do so, except to the extent applicable law expressly prohibits
the foregoing restriction. Neither Software's binary code nor
source may be used or reverse engineered to recreate the
program algorithm, which is proprietary. All rights not
expressly granted herein are reserved by Elena and its
suppliers, as applicable.
Any such unauthorized use of the Software shall result in
immediate and automatic termination of this Agreement and the
License granted hereunder and may result in criminal and civil
prosecution against you.
You shall not transfer the rights to use the Software to any
third party.
You shall not provide the activation code and license key to
third parties or allow third parties access to the activation
code, and License Key deemed confidential data of Elena You
shall not rent, lease or lend the Software to any third party.
If you breach any of the terms and conditions of this
Agreement, the company will block your license key.
Elena guarantees that the Software will substantially perform
according to the specifications and descriptions outlined in
the User Manual provided however that such limited warranty
shall not apply to the following:
Your Computer's deficiencies and related infringement for
which Elena’s expressly disclaims any warranty responsibility:
Malfunctions, defects, or failures resulting from misuse;
abuse; accident; neglect; improper installation, operation or
maintenance; theft; vandalism; acts of God; acts of terrorism;
power failures or surges; casualty; alteration, non-permitted
modification, or repairs by any party other than Elena’s or
any other third parties' or Your actions or causes beyond
Elena’s reasonable control;
Any defect not made known by you to Elena as soon as possible
after it first appears; and Incompatibility caused by hardware
and software components installed on your computer.
You acknowledge, accept and agree that no Software is error
free and you are advised to back-up the Computer, with
frequency and reliability suitable for you.
Elena does not provide any guarantee that the software will
work correctly in case of violations of the terms described in
this agreement.
Elena does not guarantee the correct working of the Software
if you do not regularly download updates specified above.
Elena does not guarantee protection from the threats after the
expiration of the license period or after termination of the
license for any reason. You acknowledge that by default
Elena’s recommended settings are applied to the Software and
that it is your sole responsibility to configure the Software
to satisfy your requirements.
The Parties agree and acknowledge that the submission of any
information through the Software and the download,
installation and use of any additional software is at the
discretion of the User at his/her discretion and risk.
The User shall be solely responsible for any damage to the
computer system or loss of data that may result from such
activities or reliance upon the Software. The Parties agree
and acknowledge that Elena is not the provider of any third
party software, and Elena makes no warranties concerning all
third-party software, third-party intellectual property rights
and third-party offerings.
THE SOFTWARE IS PROVIDED "AS IS", AND ELENA MAKES NO
REPRESENTATION AND GIVES NO WARRANTY AS TO ITS USE OR
PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION,
REPRESENTATION OR TERM, THE EXTENT TO WHICH CANNOT BE EXCLUDED
OR LIMITED BY APPLICABLE LAW, ELENA AND ITS PARTNERS MAKE NO
WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESSED OR
IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR
OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION,
NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY,
SATISFACTORY QUALITY, INTEGRATION, OR APPLICABILITY FOR A
PARTICULAR PURPOSE. YOU ASSUME ALL FAULTS, AND THE ENTIRE RISK
AS TO PERFORMANCE AND RESPONSIBILITY FOR SELECTING THE
SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE
INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE
SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, ELENA
MAKES NO REPRESENTATION AND GIVES NO WARRANTY THAT THE
SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR
OTHER FAILURES OR THAT THE SOFTWARE WILL MEET ANY OR ALL YOUR
REQUIREMENTS WHETHER OR NOT DISCLOSED TO ELENA
If you have questions or concerns regarding this policy, or
would like to update information we have about you or your
preferences, please contact us
No 62/1, 1st Cross, 2nd Main, Ganganagar, Bangalore, Karnataka, India, 560032