EULA Agreement
Effective Date: May 17, 2024.
This End User License Agreement (“EULA”) may be updated, amended, or modified by the Company from time to time. Any revisions shall become effective upon publication or notification to users, as applicable.
This Agreement is between you (the individual or the legal entity accepting these terms) and UQuick Technologies India Limited (RestoreX360). By installing or using the Products you confirm you are at least 18 years of age or have authority to bind the entity.
Definitions. “Company” means UQuick Technologies India Limited (RestoreX360). “Products” means the software, activation keys, documentation, media and related materials licensed under this Agreement. “You” means the individual or legal entity that accepts this Agreement. “Device” means a computer or device on which the Products are installed.
By installing or using the Products, you agree to be bound by this EULA. All rights, title, and interest in the Products are owned or licensed by the Company.
The Company’s license agreement includes a dispute resolution clause. It affects your rights to settle disputes with the Company.
This Agreement governs your rights to use Company products. Patent laws and copyright laws protect a business’s products. Before using the Company’s products, please read all terms and conditions. Digital software, once delivered or activated, is non-returnable and non-refundable except as required by applicable law. Any refunds or adjustments, if applicable, will be handled in accordance with the Company’s Refund Policy and applicable law.
Nothing in this Agreement excludes or limits any rights available to consumers under applicable Indian consumer protection laws.
1. Use of company products.
Use of the Products is governed by this End User License Agreement.
2. Grant of license.
2.01. To obtain licensed products, you must accept all the terms of this Agreement.
2.02. When you install the Company’s products, you agree to this Agreement.
2.03. Assume you agree on behalf of a company or person. “You” refers to the Company, person, or legal entity involved. You represent and warrant that you are authorized to bind that entity.
2.04. If you do not accept these terms, you must not install or use the Products. The Company shall not be responsible for any damage, malfunction, or data loss resulting from use of the Products in a manner that is inconsistent with the technical specifications, user instructions, or guidelines provided by the Company.
2.05. You may have received a 14-day trial version of the software. Your license to use the software is non-exclusive. To use the services, you must comply with the terms and conditions.
2.06. Regarding your trial, the license grants execution of a single copy of the Company’s product on a single device for an individual user.
2.07. The Company recommends checking the Product’s technical specifications before installing. See clause 3.10 (Backup and data loss) for the parties’ responsibilities regarding data.
2.08. Scope. Subject to payment and acceptance of this Agreement, the Company grants you a limited, non-exclusive, non-transferable license to install and run the Products on the number of Devices specified in your purchase documentation.
3. Restrictions & Guarantees
3.01. Permitted Use. Your license allows you to use the Products only for the purposes permitted under this Agreement and your purchase documentation. The Products may be used for personal or business/commercial purposes, but only within the scope of the license purchased. You may use the Products on any Device that you own or control, including Devices used for business purposes.
3.02. Security & backups. The Products do not guarantee protection against all system failures, malware, or security threats. You remain solely responsible for maintaining adequate security measures, including data backups, antivirus protection, and system safeguards. The Company shall not be liable for any system corruption, operating system failure, or loss of data except where such loss is caused by the Company’s gross negligence or willful misconduct.
3.03. You may install the software on another device only after uninstalling it from the previous device.
3.04. The Company products may be operated by any person directly using the device (i.e., not remotely), provided you are responsible for each such person’s software operation. You may not combine the Company products with any third-party script, application, hardware, or tools that would cause it to run on an automated or unattended basis. You may install the Products on another Device only after uninstalling them from the prior Device, unless your purchase documentation expressly permits multi-device use. You remain responsible for all use of the Products on any Device under your license.
3.05 You may not emulate or adapt any part of the Company’s products, nor may you sublicense, rent, or lease any software portion. You may not attempt to access, discover, or reveal the source code of the Products.
3.06. You may not publish, broadcast, distribute, resell, communicate, pledge, transmit, rent, share, or sublicense this software.
3.07. You may not decompile, disassemble, reverse engineer, or attempt to derive source code of the Products except to the minimum extent required by applicable law.
3.08. Do not install Company products on any electronic devices not supported by Company products, as reflected in the technical specifications.
3.09. You cannot test, benchmark, publish, or disclose results without the Company’s consent.
3.10. Backup and data loss. You are solely responsible for maintaining backups of all data prior to installing or using the Products. The Company does not guarantee recovery of lost data. The Company will not be liable for loss of data except to the extent such loss is caused by the Company’s gross negligence or willful misconduct. Nothing in this Agreement limits liability that cannot be excluded under applicable Indian law.
3.11. You cannot post or transmit to or from this Website any libellous, obscene, defamatory, pornographic, or other materials that would violate any laws. However, if such communications do occur, the Company will have no liability related to the content of such communications.
4. Ownership
4.01. For this Agreement, the terms “sell,” “purchase,” and similar terms refer to the sale or purchase of a license to use the Company products and not to the purchase or sale of title to or ownership of any rights or other interests in the Company products. Each copy of the Company’s products is licensed, not sold.
4.02. You may have access to Company products on your media. Still, you acknowledge and agree that the Company retains ownership of its products and any related data or databases used by the Company or Company products (the “database”), including all intellectual property rights therein.
4.03. Copyright law and Indian treaties protect the Company’s products and database. The Company reserves all rights in the Company products, database, or related Company property not expressly granted to you in this Agreement. Copyright, other proprietary rights notices, and trademark markings on Company products will not be deleted or altered by you.
5. Intellectual property
5.01. All matters related to the Company’s products and trademarks, including but not limited to software, source code, activation codes, license keys, documentation, systems, ideas, information, content, and design, are the sole proprietary and intellectual property of the Company and are protected under the applicable intellectual property laws and belong solely to the Company.
5.02, The Products may include components subject to open-source licenses. Nothing in this Agreement grants you any ownership rights in the Company’s intellectual property, including any updates or modifications to the Products.
6. Updates
6.01. The Company may periodically update its products but is not obligated to do so. We recommend that you update the Company’s products regularly.
6.02. The Company does not provide any support, maintenance, updates, upgrades, content, or updated versions of its products unless you are a customer with an annual maintenance subscription. The Company reserves the right to designate any updates, additional content, or features as requiring a separate rate payment or the purchase of an individual subscription at any time.
6.03. The Company expressly reserves the right to cease providing, updating, or maintaining its products or databases at any time in its sole discretion. To find out more, you can view the update and upgrade policy.
7. Termination clause
Termination. The Company may terminate or suspend your license if you materially breach this Agreement and fail to cure such breach within thirty (30) days after written notice. For breaches that are not reasonably curable (including IP infringement or unauthorized distribution), the Company may terminate immediately. Termination will not affect rights or obligations accrued prior to termination.
8. Payment terms
You pay the price stated in the purchase receipt or applicable purchasing documentation (if no such amount is specified, the price set out in our then-current standard published price list). Prices are exclusive of taxes unless stated otherwise. You are responsible for applicable taxes, tariffs, duties, levies, and other governmental charges (including, without limitation, GST) (collectively, “taxes”). If we issue an invoice, you can make payment online via Paytm, credit card or debit card, net banking, mobile payment, wallet, or UPI. You are responsible for the charges of all taxes, interest, and penalties resulting from any payments made to the Company. These charges include any taxes based on the Company’s net income. All amounts will be payable and charged at the time and date of purchase.
9. Privacy Policy
9.01. By entering into this Agreement, you agree to the terms of the Company’s privacy policy, described in the Privacy Policy (as may be updated from time to time, the “privacy policy”).
9.02. More information concerning what data is collected and used by the Company and its use is available in the privacy policy. Your consent allows the Company to track specific data it receives from your device without limiting its privacy policy. Includes data about any exploits, malicious software, or other threats flagged by the Company’s products (including but not limited to potential sources of such risks, such as payload files, format, and current URLs visited). Your license and the version of the Company’s products you use, your geographical location, and the conditions under which it runs.
9.03. This information is collected to track malicious software and other threats and evaluate and improve Company products and services. We will disclose personal data to government or law enforcement only if required by law or valid order. Suppose a user operating the Company’s products under this Agreement makes a complaint or claim based on the tracking or collected data. In that case, If required by law, the Company may share data with competent authorities. You must comply with all local export and import laws when using the Products.
Indemnity. You shall indemnify, defend and hold the Company, its officers, directors and employees harmless from and against any claims, liabilities, losses, damages and expenses (including reasonable attorneys’ fees) arising out of (a) your breach of this Agreement, (b) your misuse of the Products, or (c) your violation of applicable law.
Warranties and Disclaimers; Liability Limitations: The Company warrants that any physical media manufactured by the Company on which the Company products are distributed will be free from defects for 30 days from the date of delivery of the Company products to you to the maximum extent permitted by applicable law. compensation shall be limited to the purchase price of the Product.
Personal data shall be processed in accordance with the Digital Personal Data Protection Act, 2023 and applicable Indian laws.
10. Limited Warranty
10.01. The limited warranty outlined is exclusive, instead of all other warranties, but not limited to, including implied warranties and fitness for a particular purpose, conditions of merchantability, non-infringement, and implied warranties and conditions resulting from a course of dealing or usage of trade.
10.02. Whether oral or written, no advice or information obtained from the Company shall create any warranty or condition not expressly stated herein.
10.03. The Company does not warrant that its products meet your requirements. Company products may not operate in the combinations, on the operating system, or in the environments you select for execution. The Company’s products will operate error-free or uninterrupted. All Company product errors will be corrected.
10.04. You are solely responsible for the data, Company products, and other content carried on your devices and for backing up your data, Company products, and other content.
10.05. To the maximum extent permitted by applicable law, the Company’s aggregate liability arising out of or related to this Agreement shall not exceed the total amounts actually paid by you to the Company for the Product giving rise to the claim during the twelve (12) months prior to the event giving rise to the claim. Neither party will be liable for indirect, incidental, special, punitive or consequential damages (including loss of profits or data), except where such limitation is prohibited by law.
10.06. The Company will not be liable to you for any special, incidental, punitive, exemplary, or consequential damages (including loss of data, business, profits, or ability to execute). Such liability arises from any claim based upon contract, tort (including negligence), warranty, strict liability, or otherwise, whether or not the Company has foreseen the possibility of such loss or damage. Additionally, it may not be liable for the cost of procuring substitute products arising from or related to the Agreement or the execution or performance of its products.
10.07. The preceding limitations apply even if any limited remedy outlined in this Agreement has failed to serve its essential purpose. There are some jurisdictions where liability for incidental or consequential damages cannot be limited or excluded; if so, you may not be entitled to the exclusion or limitation above.
10.08. The Company will not be responsible for damages caused by the server downtime or unavailability or not working correctly due to natural calamities like floods, cyclones, earthquakes, etc. Sometimes, company software may need to be fixed because the server is down. Therefore, the Company is not responsible for any loss; in that situation, you may not get any refund or compensation for Company Products.
11. Compensation Claim
11.01. Governing Law and Jurisdiction This Agreement shall be governed by and interpreted in accordance with the laws of India. Subject to applicable consumer protection laws, all disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts in Rajkot, Gujarat. Nothing in this clause restricts a consumer’s right to file a complaint before a consumer forum that has jurisdiction under the Consumer Protection Act, 2019.
11.02. Compensation Payments
If any compensation or refund is awarded in accordance with applicable law or Company policy, the amount will be processed through the same payment method used for the original purchase (such as net banking, online payment gateways, debit/credit cards, UPI, etc.).
Payments will not be issued in cash.
11.03. Remedies
Any refunds or compensation will be governed by this Agreement, the Company’s Refund Policy, and the applicable laws of India.
Subject to law, payments due under this Agreement will ordinarily be issued through the original payment method unless otherwise agreed between the parties.
11.04. Suppose you’re claiming compensation for any Company Product you have purchased via the Website, online portals, from any dealers, or anywhere else against the Company. In that case, you will only receive the purchase price for any company Products. Any legal matter regarding your claim has been resolved in Rajkot’s jurisdiction.
11.05. Suppose the customer loses the PC Data, the PC gets corrupted, or any data damage happens after using Company products, and the customer is claiming compensation. In that case, the customer will only get the product purchased at the maximum price compensation.
11.06. At the time of installation of the company products, if any damage happens to the PC, you can only compensate at the product purchase price for any company products.
11.07. Sometimes, company support calls may be busy. Additionally, suppose your PC becomes infected with a virus. The Company is not responsible if you lose PC data or your Windows system crashes.
12. Installation Agreement
The Company is not responsible for any data loss experienced by customers who install the Products without proper technical knowledge or contrary to the instructions provided. When a customer installs or the Company products from any reseller or distributor, and they don’t install correctly, the customer loses their essential data. It is not the Company’s responsibility to compensate for any loss. If computer dealers or resellers back off the problem, the customer cannot claim any case on the Company for any issues; customers and resellers have to solve those problems with mutual understanding. The Company recommends that once you read all the technical specifications and related information from the user manual, contact our support if you still need help understanding the team.
The Company shall not be responsible for representations, installation errors, or services independently provided by resellers or dealers unless expressly authorised in writing by the Company.
13. Feedback / Marketing
13.01. If you provide any ideas, suggestions, feedback, or recommendations regarding the Company’s Products (“Feedback”), you agree that the Company is free to use, reproduce, disclose, modify, license, or otherwise exploit such Feedback without any obligation, restriction, or compensation to you.
13.02. By providing Feedback, you grant the Company a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, transferable and sublicensable license to use, reproduce, modify, distribute, and create derivative works based on the Feedback for any purpose permitted under Indian law.
13.03. The Company may identify you as a customer (including use of your trade name, logo, or trademark) in its marketing materials, website, or promotional content only with your prior written consent.
14. Reservation
14.01. The Company reserves the right to revise prices prospectively. Any such changes shall apply only to future purchases.
14.02. Installing and using our products signifies acceptance of these license terms and conditions. If you disagree with these terms, you must remove our product files from your storage devices and cease using our products.
15. Support
Support requests should be submitted by email to support@restorex360.com. The Company will use reasonable efforts to respond to support requests but has no obligation to provide support or a service-level agreement unless you have purchased a support or maintenance plan.
16. Severability & Entire agreement
Severability. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
Entire Agreement. This Agreement, together with the Company’s Refund Policy and Privacy Policy (each as updated from time to time), constitutes the entire agreement between you and the Company regarding the Products and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written.
Copyright
The Company owns the Company’s products as per Indian copyright laws and treaty provisions.
If you do not read or agree to the terms, do not install or use the Products. The Company is not responsible for damage caused by use contrary to the Product technical specifications or instructions.
The Company may update this Agreement from time to time. Material changes will be effective upon publication on the Company’s website.
Subject to Rajkot Jurisdiction.
You may also review the following policies and agreements applicable to RestoreX360 products and services:
Terms of Use:
https://www.restorex360.in/terms-of-use/
Online Technical Support Policy:
https://www.restorex360.in/online-technical-support/
Privacy Policy:
https://www.restorex360.in/privacy-policy/
Installation Policy:
https://www.restorex360.in/installation-policy/
Refund Policy:
https://www.restorex360.in/refund-policy/
Renewal Policy:
https://www.restorex360.in/renewal-policy/
Uninstall Policy:
https://www.restorex360.in/uninstall-policy/
Product Replacement Policy:
https://www.restorex360.in/product-replacement-policy/
Do Not Sell or Collect Data Policy:
https://www.restorex360.in/do-not-sell-or-collect-data-policy/
No Remote or Unauthorized Control Policy:
https://www.restorex360.in/no-remote-or-unauthorized-control-policy/
Software Pricing Terms & Conditions:
https://www.restorex360.in/software-pricing-terms-conditions/
Software License Terms & Conditions:
https://www.restorex360.in/software-license-terms-and-conditions/
Drive or Disk Low Space Policy:
https://www.restorex360.in/terms-and-conditions-insufficient-space-and-low-disk-space-issues-restorex360/
Product Discontinuation Announcement Policy:
https://www.restorex360.in/product-discontinuation-announcement/
