Tata Sky mobile access app License Agreement
END USER LICENSE AGREEMENT
Tata Sky Limited., a company registered under the laws of India (“TATA SKY”).
NOTICE TO USER:
THIS END USER LICENSE AGREEMENT (hereinafter, referred to as “EULA” or “Agreement”) IS A LEGALLY BINDING CONTRACT, EQUIVALENT TO A SIGNED, WRITTEN CONTRACT, BETWEEN YOU AND TATA SKY. BY CLICKING “ACCEPT”, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU SELECT CANCEL OR OTHERWISE DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT YOU WILL NOT BE PERMITTED TO ACCESS THE SOFTWARE (AS DEFINED BELOW).
- This TATA SKY EULA governs use of the TATA SKY software product known as Tata Sky Mobile App, and related written materials ("Software"). The term "Software" also includes any modified versions or updates of the Software which may be provided to you by TATA SKY or any of its distributors, at TATA SKY's sole discretion. You must read this Agreement carefully before accepting the terms and conditions hereof.
- This is an electronic Agreement. By clicking “Accept” at the end of this Agreement, you consent to enter into this Agreement in its electronic form.
- TATA SKY grants to you a non-exclusive license to use the Software solely for your own personal use for the limited purpose as stipulated in this Agreement and subject to the following terms and conditions:
- Use of the Software. After you have installed the software, as per the directions given, you shall use the Software on any Phone or Tablet that you own or control which is not jail broken, and only as permitted by the usage rules set forth in the App Store Terms of Service. You are granted only a limited non-transferable and non-exclusive right to use such copies of the Software restricted to your own personal use. You shall be permitted to use the Software only as a single product. You shall not delete or otherwise modify the copyright and other proprietary notices that appear on or in the Software.
- New Versions. TATA SKY, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Software (collectively "Upgrade"). You accept, acknowledge and agree that TATA SKY has no obligation to make available to you any Upgrades or subsequent versions of the Software. You also agree and accept that you will have to enter into a renewed version of this Agreement if you want to download, install or use an Upgrade or new version of the Software.
- Intellectual Property Rights. All right, title and interest, including without limitation, copyright, trademark and other intellectual property rights in and to the Software and any derivatives thereof are owned/licensed by TATA SKY. This Agreement does not provide you with any ownership interest in the Software or with any other right other than as expressly set forth in this Agreement. The Software is protected under United States, India and international copyright laws and treaties. You agree not to modify, repair, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software. You shall not use this software for any purposes or in any manner other than as stipulated in this Agreement including but not limited to the use of the same outside the territorial boundaries of India. You shall also be strictly liable for any misuse or abuse of this Software or in any other manner, to use the ‘Content’ provided to you, by way of you having subscribed to Tata Sky DTH services. The same shall amount to piracy and / or infringement of Intellectual Property Rights and the appropriate legal and remedial action, as available, shall be initiated against You including but not limited to disconnection of Tata Sky services and claim appropriate damages and / or compensation.
- Claims. In the event of a third party claim that the Software, or your possession and use of the Software, infringes such third party's intellectual property rights, TATA SKY shall, at it's sole discretion: (i) substitute a functionally equivalent non-infringing Software; (ii) obtain the right to continue to use the infringing Software; or (iii) require the return of the Software. The rights granted hereunder shall be your sole and exclusive remedy for any alleged infringement of any patent, copyright, trademark or any other proprietary right. Transfer. You shall not lend, rent, lease, pledge, sub-license, distribute or allow others the access to the Software in any manner.
- Use of Information. The Software automatically communicates with TATA SKY's and/or its authorized representatives servers on the internet when activated. Any information transmitted through use of the Software that does not reflect or reference an individually identifiable user (such as anonymous user usage data) ("Non-Personal Information") will be treated as non-confidential and non-proprietary information. You acknowledge and agree that TATA SKY and/or its authorized representatives may process and commercialize Non-Personal Information gathered from you or through your use of Software. We shall be entitled to use your Non-Personal Information to improve the quality and design of the Software and to create new features, functionality, and services by storing, tracking, and analyzing user preferences and trends. We may share aggregate information about usage stripped of any personally identifiable information. You further acknowledge and agree that TATA SKY may share any personally-identifiable information ("Personal Information") transmitted through the use of the Software solely with other members of social networks in which you are a member, and who have access to your profile. If we propose to use Personal Information for any purposes other than those described in this Agreement, we will obtain your prior consent.
- No Warranty. The Software is being delivered to you as is and TATA SKY makes no warranty as to its merchantability, fitness, use or performance. It is further acknowledged that Tata Sky has no obligation whatsoever to furnish any maintenance and support services with respect to the Software. TATA SKY, ITS DISTRIBUTORS AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE MERCHANTABILITY, FITNESS PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. TATA SKY, ITS DISTRIBUTORS AND ITS SUPPLIERS HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN PARTICULAR, TATA SKY DOES NOT REPRESENT OR WARRANT TO YOU THAT YOUR USE OF THE SOFTWARE WILL BE FREE FROM ERROR OR THAT ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SOFTWARE WILL BE ACCURARTE AND RELIABLE.TATA SKY SHALL ONLY BE RESPONSIBLE FOR ANY PRODUCT WARRANTIES TO THE EXTENT SO EXPRESSLY STATED HEREIN THIS AGREEMENT.
- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL TATA SKY, ITS DISTRIBUTORS, ITS SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A TATA SKY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. IN THE EVENT THAT, NOTWITHSTANDING THE TERMS OF THIS SECTION, TATA SKY IS FOUND LIABLE FOR DAMAGES BASED ON ANY DEFECT OR NONCONFORMITY IN THE PRODUCT, TATA SKY’S TOTAL LIABILITY SHALL NOT EXCEED THE PRICE ACTUALLY PAID AS CONSIDERATION FOR THE SOFTWARE.
- Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Termination. This Agreement shall automatically terminate upon termination of Tata Sky’s license agreement with the Software owner or upon failure by you to comply with its terms or if You fail to remain an ‘Active Subscriber’. Upon termination of this Agreement, the Software shall be disabled and you shall no longer be able to use the Software. Further, upon termination of this Agreement, you shall promptly certify in writing to TATA SKY that all copies of the Software in your possession have been destroyed. The provisions of Sections 3, 7, 8 and 11 of this Agreement shall survive termination.
- Governing Law and General Provisions. This Agreement will be governed by the laws of India. Any disputes, differences or questions, which may arise at any time hereafter between Tata Sky and the Eligible Subscriber touching the true construction of this Agreement or performance of the obligations or enforcing any rights and/or liabilities of the Parties hereunder, shall be first amicably resolved between the Parties within 30 (thirty) days from the date on which such dispute was raised by a Party and communicated to the other Party in writing failing which the dispute shall be referred to a sole arbitrator of the Indian Council of Arbitration (ICA). The arbitration shall be conducted in accordance with the Rules of Arbitration of the Indian Council of Arbitration and shall be subject to the provisions of the Arbitration and Conciliation Act, 1996, as amended or any statutory modifications or re-enactment thereof for the time being in force. The venue of such arbitration shall be at Mumbai and the Courts at Mumbai alone shall have exclusive jurisdiction to deal with the arbitration proceedings and the awards in accordance with law. The arbitration proceedings shall be conducted in English language. The award passed by the arbitrators shall be final and binding upon the Parties. Subject to the arbitration clause, these terms and conditions shall be construed and governed by the laws of India and the Parties agree to submit to the sole and exclusive jurisdiction of the courts of Mumbai. If any part of this Agreement is found void and unenforceable, the balance of the Agreement shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act, or any other export laws, restrictions or regulations.
- Contact us. In the event you have any questions, claims or complaints relating to the Software, or your possession, management and use of the Software, you may contact us at email@example.com. All such questions, claims or complaints should be directed solely to TATA SKY.
- No Waiver. The failure of TATA SKY to enforce any rights granted hereunder or to take action in the event of any breach hereunder shall not be deemed a waiver by TATA SKY as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
- Entire Agreement. This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof. However, the Terms and conditions of this Agreement is in addition to Your Tata Sky “Subscription Agreement” along with applicable laws, rules and regulations. This agreement may only be changed by a written or electronic agreement explicitly agreed to by the parties hereto.
By clicking "Accept” you acknowledge that you have read the End User License Agreement, understand it, and agree to be bound by its terms and conditions in letter and spirit.