LEGAL
TRADEMARK NOTICE
Verist, Patent Caddie, and the P logo are the trademarks of Verist Business Research Pvt. Ltd. and/or its affiliates. Other names may be trademarks of their respective owners.
Verist limits the use of its logos or any of its products by any third party unless such third party has an express written permission of Verist, or is licensed by Verist to do so. Any unauthorized use, copying or reproduction of Verist trademarks or any of its products is prohibited.
PRIVACY POLICY
The privacy policies adhered to by Verist is listed below. These policies are designed to protect your privacy and to provide quality services and a positive experience with us. Any of our subsidiaries or affiliates will also be adhering to these privacy policies.
We recommend you to read our privacy policies.
Personal information
Verist may collect your personal information through our company website or product specific web sites for different purposes. The purpose or need of the personal information will be expressed to you at the point of collection of the information. Personal information may comprise any information required to identify a person, such as, name, email address, postal or physical address, title, occupation, or other information required to carry out a transaction requested by you.
Use of Your Personal Information
Your personal information will only be used in the way specified to you when it was collected. The way your personal information is used will not subsequently be changed without your consent. Your personal information will generally be used for the purposes, which includes, fulfilling the transaction requested by you or other contractual obligations, to contact you and provide you with billing information, to provide updates, customer feedback and support, to conduct surveys to enhance the quality of our products or services, etc. The list of purposes for which your personal information may be used is inclusive and not exhaustive.
Sharing Personal Information
Your personal information will not be shared with any third party, unless you have given permission to us to do so. We will share your personal information with any of our subsidiaries for the purposes of data storage or processing. To fulfill the requested service or transaction we will share your personal information (only those information necessary to complete the requested service or transaction) with authorized third party agents or contractors; for example, with postal department, shipping companies, courier services, etc.
We will share your personal information with third parties in the invent of violation of any contractual obligation or terms and conditions entered into with Verist, to take legal action against fraud, illegal activities, potential threat to persons, or in any other circumstances warranted by law to do so.
We protect your personal information using security technologies, procedures, and organizational measures. Though we are vigilant in protection your personal information, we cannot ensure the security of the information you transmit through the internet. We recommend you to take precautions to protect your personal information when you are on the Internet.
Updating Your Personal Information
It is very essential that you provide us with accurate and up to date information. Any change in personal information should be notified to us at the earliest. You can update your personal information yourself online by making changes to the My Profile section
Use of Cookies and Other Technologies
We use cookies and other technologies to collect non-identifiable information from visits to our Web sites so that we can provide better service to our customers. For example, we keep track of click stream data to analyze trends and statistics which enable us to provide better service to our customers. We collect the personal data from you in a transaction by using various technologies, including cookies. You have the option to turn off the cookies or can set your browser to notify you before you receive a cookie. If some cookies are turned off some Web sites may not work properly. We also use other technologies to provide better customer service.Links to other web sites
Verist website may contain links to other web sites. Verist will not be responsible for the privacy policies or contents of those web sites.
EULA (End User Licence Agreement)
NOTICE TO USERS: PLEASE READ THIS CONTRACT CAREFULLY. THE INTELLECTUAL PROPERTY IN THE SOFTWARE AND ACCOMPANYING DOCUMENTATION IS OWNED BY VERIST BUSINESS RESEARCH PVT. LTD., NEW DELHI, INDIA (VERIST). BY INSTALLING, USING, COPYING, DISTRIBUTING OR OTHERWISE USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY AGREE THAT THIS END-USER LICENSE AGREEMENT (EULA) IS A LEGAL AGREEMENT BETWEEN YOU AND VERIST AND THAT THIS AGREEMENT IS LEGALLY ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAIN THE SOFTWARE AND ON WHOSE BEHALF IT IS USED. IF YOU DO NOT AGREE, DO NOT USE THE SOFTWARE.
1. GENERAL
1.1 This EULA is a legal agreement between you and Verist Business Research Pvt. Ltd. (Verist). This EULA governs the Software, which includes computer software (including online and electronic documentation) and any associated media and printed materials. This EULA applies to updates, supplements, add-on components, and Internet-based services components of the Software that Verist may provide or make available to you unless Verist provides other terms with the update, supplement, add-on component, or Internet-based services component. An amendment or addendum to this EULA may accompany the Software.2. DEFINITIONS
- 2.1 “Software” shall mean the computer programs in machine readable object code form made available via download from website, or distributes by a disk, CD/DVD or other media, including but not limited to user manuals, help documents and any other related materials (“Documentation”), fonts, and upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed and/or furnished to you by Verist in connection with the Software either along with software or at any point later.
- 2.2 “License Fee” shall mean the money paid by user in order to purchase the activation code(s).
- 2.3 “Use” means any action of downloading, installing, copying, accessing, distributing the software or any portion thereof or otherwise benefiting from using the functionality of the Software.
- 2.4 “Verist” means Verist Business Research Pvt. Ltd., B-41, Nizamuddin East, New Delhi - 110 013, India, a company registered under the Companies Act, 1956.
3.GRANT OF LICENSE
- 3.1 Verist grants you a non-exclusive and non-transferable license to use the Software and Documentation solely in accordance with the terms and on the conditions set forth in this Agreement. Verist owns the title, copyright, and other intellectual property rights in the Software. The Software is licensed to you and is not sold to you. Verist reserves all the rights not expressly granted to you in this EULA.
- 3.2 Right to use: A non-exclusive, non-transferable license to use the Software on only one computer system is granted. You are required to register yourself online with Verist, in order to download or install the software on a computer system.
- 3.3 Registration: Each copy of the software is required to be compulsorily registered with Verist at the time of installation. Registration is mandatory in order to successfully install the software onto a Computer System.
- 3.4 Activation Charges: In pursuance of the license rights granted under this License agreement, you shall be required to purchase an activation code upon payment of the Activation Fees through a secured payment gateway at Patent Caddie Website.
- 3. 5 You shall be responsible for paying all the sales, excise, value-added, or any other tax or governmental duties imposed on the licensing or use of the Software or Documentation.
- 3.6 Verist reserves all rights to change the Activation fees as and when it deems fit.
- 3.7 Restrictions: You may not modify, adapt, translate or create derivative works of the Software. You may not reverse engineer, decompile, disassemble or otherwise try to discover the source code of the Software unless you are expressly permitted to do so.
4. TRANSFER
- 4.1 You may not rent, lease, sublicense, assign or transfer your rights in the Software, or allow all or any portion of the Software to be copied onto another user's Computer. Any action which results in diminishing the reputation and value of proprietary interests of Verist that are the subject of this Agreement, will render remedy at law for any such unauthorized transfer.
- 4.2 In the event of any breach of obligations with respect to the use or confidentiality of the Software or the Documentation, Verist shall be entitled to equitable relief to protect its interests therein, including, but not limited to, preliminary and permanent injunctive relief.
5. NON-ASSIGNMENT
- 5.1 You are not entitled to assign this Agreement or any of its rights and liabilities conferred under this EULA without the prior written consent of Verist.
6. TRANSFERABILITY OR SUB-LICENSING OF SOFTWARE
- 6.1 You are not permitted to further sub-license or assign or lease or rent or make a transfer all or any of the rights conferred to it by Verist.
- 6.2 Verist will not be responsible for any third-party use of the software, by any person, in case the user using the software is not the authorized user, intended to use the software.
7. INTELLECTUAL PROPERTY NOTICE
- 7.1 The Software and documentation are the intellectual property of Verist. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Verist. The Software and the documentation are protected by law. This Agreement does not grant you any intellectual property rights in the Software and Documentation and all rights not expressly granted are reserved by Verist.
- 7.2 The Trademarks & Logos provided on the Software or any part of the Documentation are sole properties of Verist or any third party (as mentioned) and no user is permitted to use or remove these marks without prior written consent from Verist or any such third party.
- 7.3 Verist retain all rights, title and interest over any image, data, text, software or any other multimedia contents displayed, distributed along or made use in the Software or any part of the Documentation.
- 7.4 Except where Verist expressly provides for use of any material or contents of the Software or any part of the Documentation under this license agreement, no one is permitted to use or make a copy of any of contents of the Software or any part of the Documentation.
- 7.5 Any access or permission to use the Software or any part of the Documentation does not grant you any ownership rights on any of the contents of the Software or any part of the Documentation.
- 7.6 Users are allowed to copy or print this License Agreement or any portions of it only for personal and non-commercial purposes. All such copies made and their use will be subject to the terms of the license agreement and must contain a copyright notice of Verist.
8. NO WARRANTY
- 8.1 The Software is being delivered to you ‘AS IS’ and Verist offers no warranty as to its use or performance. Verist does not provide any technical support, warranties or remedies for the Software. VERIST DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION. VERIST MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
9. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES:
- 9.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VERIST BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF VERIST, AND EVEN IF VERIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. LIMITATION OF LIABILITY
- 10.1 IN NO EVENT VERIST WILL BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF VERIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. THE AGGREGATE LIABILITY OF VERIST UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY.
- 10.2 The activation fees charged by Verist do not include any consideration for assumption by Verist of the risk of your consequential or incidental damages which may arise in connection with your use of the software and documentation.
- 10.3 Any provision herein to the contrary notwithstanding, the maximum liability of Verist to any person, firm or corporation whatsoever arising out of or in connection with any license, use or other employment of the Software hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to Verist by you for the Software whose license, use, or other employment gives rise to the liability.
11. NO LEGAL ADVICE
- 11.1 Verist does not give legal advice in India or any other jurisdiction. The Software and the Documentation and related materials are intended to provide only general information and not legal advice. The Software and the Documentation and related materials should not be relied upon for specific legal advice. Legal practitioners should be consulted regarding any legal advice you may require. You should not act upon any information within The Software and the Documentation and related materials without seeking independent legal opinion.
12. DEFAULT AND TERMINATION OF LICENSE
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12.1 The termination of this agreement shall be at the option of Verist if any of following events of default occurs on your part:
- a. If the user materially fails to perform or comply with this Agreement or any provision hereof;
- b. If the user becomes insolvent or admits in writing its inability to pay its debts as they mature, or makes an assignment for the benefit of creditors;
- c. If a petition of bankruptcy or receivership status, is filed by the user under any of Indian (state or central) Acts, or a Foreign Act.
- 12.2 Verist may terminate this EULA if you are not in compliance with all the terms and conditions of this EULA and shall be effective on notice by Verist. Within 10 days after such termination, you shall cease and desist all use of the Software and Documentation and shall return to Verist all copies of the Software and Documentation in your possession or under your control.
13. NOTICES
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13.1 All notices, authorizations, and requests in connection with this Agreement shall be deemed served, within:
- a. five days after being deposited in the Indian Postal Department, postage, prepaid, certified or registered, return receipt requested; or
- b. one day after being sent by overnight courier, charges prepaid, with a confirming fax; and addressed to an address provided by you in your account maintained on Patent Caddie Website or to such other address where you are likely to receive the notice or request so designated.
14. JURISDICTION AND GOVERNING LAW
- 14.1 The validity, interpretation, construction and performance of this Agreement shall be governed by the laws of India. The District Courts of New Delhi shall have exclusive jurisdiction over any dispute arising out of this Agreement, and you hereby consent to the jurisdiction of such courts.
15. GOVERNMENT CONTRACTS
- 15.1 If the Software or Documentation furnished hereunder is to be used in the performance of any government contract or sub-contract, the software shall be provided on a “restricted rights” basis only and Licensee shall place a legend, in addition to applicable copyright notices, in the form provided under the governmental regulations. Verist shall not be subject to any flow-down provisions required by the governmental customer unless agreed to by Verist in writing.
16.1 ENTIRE AGREEMENT
- This EULA, including any addendum or amendment to this EULA which is included with the Software, are the entire agreement between you and Verist relating to the Software and the Documentation and related materials. The EULA supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software, Documentation and related materials or any other subject matter covered by this EULA.
17.1 SEVERABILITY.
- If any provision of this EULA is held to be void, invalid, unenforceable or illegal by a court of competent jurisdiction, the other provisions of the EULA shall continue in full force and effect.
18. MISCELLANEOUS
- 18.1 Software, including technical data, is subject to Indian export control laws, and may be subject to export or import regulations in other countries. You agree to comply strictly with all such regulations and acknowledge that it has the responsibility to obtain licenses to export, re-export, or import Software.
- 18.2 Any WAIVER by either party of any default or breach hereunder shall not constitute a waiver of any provision of this Agreement or of any subsequent default or breach of the same or a different kind.
- 18.3 Any delay on the part of Verist in exercising any right shall not operate as a waiver of, or impair, any such right. No partial action shall preclude any other or further exercise of any other rights.
