This EULA is a license agreement between You, the end user, and JVS Technologies Private Limited, a company governed under the provisions of the Companies Act, 2013 having its registered office at 401, A Block, Ganesh Plaza, Navrangpura, Ahmedabad 380009, Gujarat INDIA (“JVS”). This EULA governs Your use of SoftClinic GenX Software (hereinafter referred to as the “Product”).

“You” and “Your” mean the individual or legal entity allowed to Use the Product under this EULA. “Use” and “Using” mean to download, install, activate, access or otherwise use the Product. The term “Hardware” means the hardware used for the Product. The term “Software” includes all JVS and/or third-party firmware and software provided to You along with the Product, as JVS’s Product, and includes any accompanying documents, updates, and enhancements of the firmware and software provided to You by JVS, at its option.

The Use of the Product, including the Software contained in the Product, by You constitutes Your acceptance of the terms of this EULA. If You do not agree to the provisions of this EULA, do not install and Use the Product.

Grant of License

The Product is not sold to You but is licensed to You. Subject to receipt of due payment and due compliance of terms of this EULA by You, JVS hereby grants to You a non-transferable and non-exclusive license to Use the Software in object code. In case of breach of terms of this Agreement by You, the license granted under this EULA shall come to an end automatically, without any further action in this regard. In such case, You shall have no right to use the Product.

Open-Source Software

Some of the applications/libraries contained in the Software are open-source applications, and the same are licensed subject to the terms of relevant open-source agreements under which they are made open source.

Restrictions on Use

You shall not attempt, and if You are a corporation, You will prevent your employees and contractors from attempting to:

1. modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, license, or distribute the Software or the accompanying documentation;
2. rent or lease any rights in the Software or accompanying documentation in any form to any person;
3. transfer, assign, or sublicense rights in relation to the Software to any other person or entity, or
4. remove any proprietary notice, labels, or marks on the Product and/or documentation.

Intellectual Property Rights

No intellectual property rights, including but not limited to all now known or hereinafter known tangible and intangible rights, title, interest, copyrights, and/or moral rights, if any, in relation to the Product or any part thereof, including the Software (hereinafter referred to as the “IPRs”) are transferred to You. By Using the Product, You shall not acquire any IPRs. All the IPRs shall remain the property of JVS.

Limited Warranty

The warranty of the Product shall be limited and shall be applicable only when the Product is procured from the authorized reseller/distributor of JVS and You duly register the Product with JVS. JVS warrants that the Software will substantially conform to then current functional specifications for the Software during the said warranty period. JVS shall not be liable for any loss or damage arising out of or in connection with the use of the Product or any part thereof, including the Software.

Limitation of Liability

To the maximum extent permitted by applicable law, JVS and its affiliates, officers, directors, employees, agents, licensors, and service providers will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for loss of profits, revenue, goodwill, use, data, or other intangible losses, whether based on contract, tort, strict liability, or otherwise, arising out of or in connection with your use of the Product or any part thereof, including the Software. In no event shall JVS’ total liability to you for all damages exceed the amount of fees paid by you for the Product.

Disclaimer of Warranties

You agree that while we strive to provide you with the best possible experience with our product, we do not guarantee that our product will have all the modules, features or functionalities you require, nor do we guarantee that it will meet your expectations. Additionally, we do not guarantee that our product will be error-free or uninterrupted. We provide our product on an “as-is” and “as-available” basis, without any warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We shall not be liable for any damages of any kind arising from the use of our product, including but not limited to direct, indirect, incidental, punitive, and consequential damages.

Indemnification

You agree to indemnify, defend, and hold harmless JVS and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this EULA or your use of the Product.

Termination

This EULA will continue to apply until terminated by either you or JVS. JVS may terminate this EULA at any time upon your breach of any term hereof. Upon termination, you must immediately cease using the Product and destroy all copies of the Software in your possession.

No Refund Policy
Please note that due to the subscription nature of all the fees paid, under no circumstances will a refund be issued. This includes cases where there may be a delay or unavailability of support, as well as quality concerns. However, we take customer satisfaction very seriously and will make every effort to address any concerns and provide a satisfactory resolution to the issue at hand. By accepting the End User License Agreement (EULA), you agree to this no refund policy.

Governing Law and Jurisdiction

This EULA shall be governed by and construed in accordance with the laws of India. Any dispute arising out of or in connection with this EULA shall be subject to the exclusive jurisdiction of the courts of Ahmedabad, Gujarat, India.

Entire Agreement

This EULA constitutes the entire agreement between you and JVS with respect to the Product and supersedes all prior or contemporaneous oral or written communications, proposals, representations, or warranties, if any, relating to the Product.

Contact Information

If you have any questions about this EULA or the Product, please contact JVS Technologies Pvt. Ltd. at contact@jvsgroup.com.