End User License Agreement
By downloading this Application (“app”) or the digital content, you are accepting the terms and conditions mentioned in this End User License Agreement (“Agreement”). Upon acceptance, this Agreement shall constitute the legally binding Agreement between you and Designmate (I) Pvt. Ltd. and is enforceable against you and any entity that obtained the Product and on whose behalf it is used. Eureka.in app, developed by Designmate (I) Private Limited is not sold, only licensed for your personal use under the terms and conditions of this Agreement.
“Customer” means any end user including but not limited to any commercial or educational institutions or individuals holding this Agreement, or subscribing to a license to Use the Products from DM.
“DM” means Designmate (I) Pvt Ltd., a company incorporated under the Companies Act, 1956, having its registered office at Horizon, Swati Society Road, Darpan Circle, Navrangpura, Ahmedabad, India 380 014.
“Eureka.in” is the brand name for the comprehensive, innovative and interactive 3D educational software solution developed by DM for learning Science and Mathematics subjects covering K12 curriculum. It ensures value addition by way of the use of interactive communication techniques in education.
“License” means a limited, revocable, non-exclusive, non-assignable, non-commercial, non-sublicensable and non-transferable, for personal purposes granted to the Customer for Use of any Eureka.in educational Product for the period of the Term of this Agreement.
“Product” means educational apps (applications) related to a specific topic containing animated videos, quizzes, images, key terms and links therein under the brand name Eureka.in.
“Term” of this Agreement shall be for a period of one year only and each App shall be on a yearly subscription basis.
“Use” means to download, install, access or otherwise benefit from using the functionality of the Eureka.in Product as per the terms of this Agreement.
“Store” means the platform available on the web (internet) where the Product shall be uploaded.
2. PRODUCT LICENSE AND PAYMENT TERMS:
In the event you subscribe to the Product and subject to your compliance with the terms of this Agreement, including the restrictions in Section 5, for the Term of this Agreement, DM grants to you a limited, revocable, non-exclusive, non-assignable, non-commercial, non-sublicensable and non-transferable, for personal purposes, license to Use the Eureka.in Product in the manner and for the purposes as described in this Agreement.
The subscriptions are to be paid on a yearly basis to access the Product. Your subscription shall automatically terminate at the end of the Term and shall be subject to renewal after payment of the due price. Customer shall be prompted for the renewal at the end of each subscription period. The pricing of the Products shall be at the sole discretion of DM and subject to amendments/ changes by DM. The prices are as provided with the Products on the Store.
3. UPDATES AND INFORMATION:
DM reserves the right to include any updates, upgrades, fixes or in-app (together referred to as “Updates”) with respect to the Product at its sole discretion. The terms of this Agreement shall govern any Updates provided by DM, unless such Update is accompanied by a separate agreement.
In case of any query or information with respect to the Product, the Customer can contact DM on E-mail - firstname.lastname@example.org.
4. USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION:
Personal information collected from the application shall be solely for official use and DM shall not disclose personal information in any manner whatsoever.
5. OBLIGATIONS AND RESTRICTIONS:
DM authorizes the Customer to Use the Product only for personal purposes. In no way can the Customer Use any means or technology to show / broadcast or Use the Product other than as specifically permitted by DM.
Except as expressly authorized above, the Customer shall not copy, in whole or in part, Product or documentation thereof; modify, adapt, translate the Product; reverseengineer, decompile or disassemble all or any portion of the Product, distribute, sell, or create derivative works of the Product. The Customer may not rent, lease, sublicense, assign, or transfer its rights with respect to the Product.
Customer agrees that aspects of the licensed Products, including the specific design and structure of individual programs, constitute intellectual property including but not limited to trade secrets, confidential information and/or copyrighted material of DM. Customer agrees that Designmate is a trademark of DM and is registered in India and Eureka, Eureka.in and related names, logos and trademarks are the property of DM and are registered and/or used in India and other countries around the world, under the license from DM. Customer shall not alter or remove any copyright or other proprietary notice that appears on or in the Product. The Customer understands that the Products are the exclusive property of DM and any unauthorized copying, streaming, distribution, videography, reproduction, hosting on video streaming website or screening in public or otherwise in any manner shall be considered as a copyright infringement and violation. Customer agrees not to disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of DM. Customer agrees to implement reasonable security measures to protect such trade secrets and copyrighted material. Title to Product and documentation relating thereto shall remain solely with DM. This Agreement does not grant you any intellectual property rights in Eureka.in or any of the Products therein and all rights are reserved by DM. The Customer is responsible for all the acts done while using the Product in the manner prohibited by law of the country in which the said Product is being used.
6. LIMITATION OF LIABILITY:
DM offers information on a range of important, interesting and entertaining topics on Science, Biology, Physics, Chemistry and Mathematics. DM has designed this Product to the best of its potential, using qualified teachers and Post Graduates for interpretation and visualization of content. The Information obtained is from authentic and knowledgeable sources and reasonable efforts have been made to ensure that the information or content on this Product is complete and accurate; however DM does not provide any warranty or guarantee or owns any liability with regard to the accuracy, authenticity or completeness of any information on or provided in connection with the Product; thereof the Use of the Product may require expert guidance or training to avoid undesirable results. Information and content in the Product pertaining to educational services do not guarantee any results and unless otherwise expressly stated does not offer any certification or qualification and the content pertaining to the exam results or tests are sourced as is from the relevant sources and educational boards. The Product content related to healthcare is aggregated from various sources and is provided solely as informative content and is not meant to be and should not be considered and is not a substitute for professional medical advice. DM expressly disclaim any representations or warranties of any kind, express or implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose or non-infringement. The Customer uses the Product entirely at his own risk. DM takes no responsibility whatsoever as far as the performance of students in their examinations is concerned. The Customer is advised to make use of all proven teaching methods to enhance the learning processes. Eureka.in is just a visualization tool for students. It is not meant to substitute teachers, schools or other effective teaching/ learning methods. DM further does not warrant that the Product or the services with respect to the Product shall be uninterrupted or error free, nor does DM make any warranty for any results that may be obtained by Use of the Product. The responsibility for the proper Use and application of the said information and recommendations provided is solely that of the Customer.
Under no circumstances, including negligence, shall DM or its affiliates be liable for any direct, indirect, incidental, special, punitive or consequential damages that may result from the Use or inability to Use the Product including without limitation Use of or reliance on information on the Product, interruptions, errors, defects, mistakes, omissions, deletions of files, delays in operation or transmission, non delivery of information, disclosure of communications, or any other failure of performance. You hereby release and waive any and all claims and/or liability against DM and its affiliates arising from or in connection with your Use of the Product. Further without derogating from the above in no event shall DM be held liable for any delay in performance resulting directly or indirectly from acts of nature, forces or causes beyond DM’s reasonable control including but not limited to internet failures, equipment failure, electric power failure, act of god, war, governmental actions, orders of domestic or foreign courts or tribunal or non performance by third parties.
Except as specified in this Agreement, all express or implied conditions, representations, and warranties including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, integration, satisfactory quality, non infringement or arising from a course of dealing, usage, or trade practice, are hereby excluded to the extent allowed by applicable law. In no event will DM be liable for any lost revenue, profit, or data, or for special, indirect, consequential, incidental, or punitive damages, claims or costs however caused and regardless of the theory of liability arising out of the Use of or inability to Use the Product even if DM has been advised of the possibility of such damages. In no event shall DM's liability to Customer, whether in contract, tort (including negligence), or otherwise, exceed the price paid by the Customer for the Product.
DM makes no representations that the Product is free of viruses, worms or other malicious or rogue software (“Rogue Programming”). Any downloading of the content or other information and materials or any other Use of the Product is at your own risk and you are advised to take adequate precautions to minimize any loss to you caused by any Rogue Programming, including use of such measures as anti-virus programs and proper backup of files. The Products and other information are delivered to you “as is” and with all faults therein. DM does not warrant the performance or results you may obtain by using the Product.
8. GOVERNING LAW AND ARBITRATION:
(a) This Agreement shall be governed by and interpreted under the laws of the Republic of India.
(b) Any controversy or claim arising out of or relating to this contract or the breach thereof shall be subject to the exclusive jurisdiction of the courts at Ahmedabad.
9. GENERAL PROVISIONS:
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may be modified or any additions made therein exclusively by DM at any time and without any notice. This is the entire agreement between you and DM relating to the Products and it supersedes any prior representations, discussions, undertakings, communications, or advertising or agreement relating to the Products. This Agreement automatically and immediately terminates without notice from DM if you fail to comply with any provisions of this Agreement.
THE PROVISIONS OF SECTIONS 3, 4, 5 AND 6 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE PRODUCT AFTER TERMINATION OF THIS AGREEMENT.