1. License Grant
Subject to your compliance with the terms of this License, Global Open Source Softwares grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the free version of the Service solely for your personal or internal business purposes.
2. Restrictions on Use
You agree not to, and will not permit others to:
- Modify, adapt, translate, or create derivative works based on the Service.
- Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Service or any software, documentation, or data related to the Service.
- Remove, alter, or obscure any copyright, trademark, or other proprietary notices from the Service.
- Use the Service for any illegal, unauthorized, or otherwise improper purpose, or in any manner that violates any applicable laws or regulations.
- Distribute, sublicense, rent, lease, lend, sell, resell, or otherwise transfer the Service or your rights to use the Service to any third party.
- Use the Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy or intellectual property rights.
- Interfere with or disrupt the integrity or performance of the Service or third-party data contained therein.
- Attempt to gain unauthorized access to the Service or its related systems or networks.
- Use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service.
3. Intellectual Property Rights
The Service, including all underlying technology, software, content (excluding any content provided by you, if applicable), features, and functionality, and all intellectual property rights therein, are and will remain the exclusive property of Global Open Source Softwares and its licensors. This License grants you no right, title, or interest in or to the Service or any intellectual property rights associated therewith, except for the limited license to use the Service as expressly granted in Section 1. All rights not expressly granted are reserved by Global Open Source Softwares.
4. Service Modifications, Availability, and Communication
Global Open Source Softwares reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Service (or any part thereof, including its features, availability, and pricing for both free and any paid tiers) with or without notice, except as explicitly stated otherwise herein.
You acknowledge that the features and availability of the free version of the Braindock Service are subject to change at our sole discretion. While we may, as a courtesy, attempt to communicate significant changes affecting the free version of the Service (e.g., by posting on our website), Global Open Source Softwares is under no obligation to provide such notice for changes to the free Service.
Should Global Open Source Softwares offer paid versions or features of the Braindock Service, any changes to pricing or material deprecation of such paid services specifically affecting active paid users will be communicated to those paid users in accordance with the terms applicable to such paid services (e.g., via email or account notification). Communication regarding such changes will be directed exclusively to users of the paid services.
Global Open Source Softwares shall not be liable to you or to any third party for any modification, price change (except as communicated to paid users for their specific paid services), suspension, or discontinuance of the Service.
5. Termination
This License is effective until terminated. We may terminate or suspend your access to the Service and this License immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach any of the terms of this License. Upon termination, your right to use the Service will immediately cease, and you must cease all use of the Service and destroy any copies of materials related to the Service in your possession or control. Sections 3 (Intellectual Property Rights), 4 (Service Modifications, Availability, and Communication), 6 (Disclaimer of Warranties), 7 (Limitation of Liability), 8 (Indemnification), 9 (Governing Law), 10 (Severability), 11 (Entire Agreement), and 13 (Contact Us) shall survive any termination of this License.
6. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Global Open Source Softwares EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
Global Open Source Softwares MAKES NO WARRANTY OR REPRESENTATION THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; (C) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (D) THE CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICE IS ACCURATE, COMPLETE, OR RELIABLE.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Global Open Source Softwares OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF Global Open Source Softwares WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Global Open Source Softwares, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO:
- YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE;
- ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR THROUGH THE SERVICE;
- ANY CONTENT OBTAINED FROM THE SERVICE;
- UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
- ANY OTHER MATTER RELATING TO THE SERVICE;
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Global Open Source Softwares HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF Global Open Source Softwares ARISING OUT OF OR RELATING TO THIS LICENSE OR THE SERVICE EXCEED THE GREATER OF ONE U.S. DOLLAR ($1.00) OR THE MINIMUM AMOUNT PERMITTED UNDER APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR OTHER TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF Global Open Source Softwares WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
8. Indemnification
You agree to indemnify, defend, and hold harmless Global Open Source Softwares and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, arising out of or relating to: (a) your use or misuse of the Service; (b) your violation of any term of this License; (c) your violation of any applicable law, rule, or regulation; or (d) your violation of any third party's rights, including any intellectual property right or privacy right. Global Open Source Softwares reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Global Open Source Softwares in asserting any available defenses.
9. Governing Law
This License and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or relating to this License shall be brought exclusively in the courts located in India, and you hereby consent to the exclusive jurisdiction and venue of such courts.
10. Severability
If any provision of this License is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the License will continue in full force and effect.
11. Entire Agreement
This License, together with our Privacy Policy (if applicable, link to it: Here), constitutes the entire agreement between you and Global Open Source Softwares regarding your use of the Service and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Service.
12. Changes to this License
We reserve the right, in our sole discretion, to modify or replace this License at any time. If a revision to this License is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect, for example, by posting a notice on our website or sending an email to users (if email addresses are collected and such communication is permissible). What constitutes a material change to this License will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms of this License. If you do not agree to the new terms of this License, in whole or in part, please stop using the Service.
13. Contact Us
If you have any questions about this License, please contact us at: legal@globalopensourcesoftwares.in or visit our Contact Us page.