Gaviri PocketSearch Universal Search Engine 2.1


EULA - End User License Agreement



Gaviri PocketSearch (TM) Software License Agreement
By downloading, installing, copying or otherwise using the software you or the entity for whom you act (the "End User"), agree to be bound by this license agreement (the "Agreement") with Gaviri Technologies INC. ("Gaviri Technologies") of 2001 Waterview Plaza, Suite 310, Parsippany, NJ 07054.

This Agreement provides the End User with specific rights to exploit the Gaviri Technologies Gaviri PocketSearch software (the "Software") and accompanying documentation (the "Documentation") (collectively the "Software Product"). Except as explicitly provided in this Agreement, Gaviri Technologies shall retain all its right, title and interest in the Software Product.

If the End User is not agreeable to each and every one of the terms of this Agreement, the End User shall remove the Software within 10 days for a full refund of the price paid.

The End User acknowledges that the Software Product is a valuable and proprietary asset of Gaviri Technologies. Portions of the Software Product are protected by copyright law in the United States, and other countries. Portions of the Software Product comprise Gaviri Technologies' valuable trade-secrets and know-how.

Gaviri Technologies hereby grants to the End User a non-exclusive license to:

(a) load, execute or store the Software on a single or multiple portable drives, depending on the purchased number of licenses;

(b) load, execute or store the Software on a second device, provided the Software is not executed at any one time on more than a single device if the license is for a single device;

(c) make copies of the Software, as required to exercise the license granted pursuant to paragraph (b) and for back-up and archival purposes; and

(d) use the Documentation to exercise the license granted pursuant to paragraph (a), (b) and (c).

The End User agrees not to challenge or contest, directly or indirectly, the validity, title or registration of any of Gaviri Technologies' rights associated with or in the Software Product or assist any person to do so.

The End User further agrees not to lend, rent, lease, copy, decompile, disassemble, modify, duplicate, reverse-engineer, create derivative works based on, or otherwise use the Software or Documentation or any part thereof, or permit others to do so except as explicitly provided in this Agreement.

Gaviri Technologies warrants that for a period of (30)days from the date of acquisition, (i) the Software, if operated as directed, will substantially function as described in the Documentation. Gaviri Technologies does not warrant that the Software Product is error free, nor that use of the Software will be continuous or error free or meet the End User's requirements.

In the event that the Software does not function as described in the Documentation during this period, Gaviri Technologies may, at its sole discretion, (i) provide the End User with instruction to operate the Software to perform in a manner reasonably equivalent to that described in the Documentation; (ii) provide the End User with a patch or upgrade to the Software that reasonably remedies the breach; or (iii) terminate this Agreement and refund the End User the price paid.

THE END USER'S SOLE REMEDY AGAINST GAVIRI TECHNOLOGIES OR GAVIRI TECHNOLOGIES' RESELLERS FOR BREACH HEREUNDER ARE SET OUT ABOVE. THE ABOVE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT WILL GAVIRI TECHNOLOGIES OR ITS RESELLERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFIT, INFORMATION, DATA, USE OF THE SOFTWARE PRODUCT, OR THE END USER'S OTHER SOFTWARE) ARISING AS A BREACH OF THIS AGREEMENT OR FROM USE OR INABILITY TO USE THE SOFTWARE PRODUCT WHETHER IN TORT, NEGLIGENCE OR OTHERWISE EVEN IF GAVIRI TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If the End User does not comply with the End User's obligations hereunder, Gaviri Technologies may terminate this Agreement, and the license granted hereunder. Upon termination of this Agreement for any reason, the End User must destroy all the End User's copies of the Software Product.

This Agreement shall be construed and interpreted in accordance with the laws of New Jersey or the laws of the United States of America where applicable. Each of the parties irrevocable attorns to the jurisdiction of any court within the state of New Jersey having subject matter jurisdiction over this Agreement.

All terms and conditions of this Agreement are severable and the invalidity, illegality or unenforceability of any term or condition shall not affect the validity, legality, or enforcement of the remaining terms and conditions. This Agreement constitutes the entire agreement between the parties and supersedes any and all prior agreements, whether written or oral, with respect to the subject matters set out herein. Waiver by either Gaviri Technologies or the End User of a default or breach by the other party of a term or obligation under this Agreement shall not constitute a waiver of future or other defaults or breaches.
In no event will Gaviri Technologies or its resellers be liable for any direct, special, indirect, consequential or incidental damages (including, but not limited to damages for loss of business profit, information, data, use of the software product, or the End User's other software) arising as a result of any such use of this reference.



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Users Rating:  
  3.0/5     1
Downloads: 320
Updated At: 2024-03-27
Publisher: Gaviri Technologies Inc.
Operating System: windows
License Type: Free