END USER LICENSE AGREEMENT (EULA) FOR HORNBILL DRONE TECHNOLOGIES SOFTWARE
The Hornbill Drone Technologies software package, hereinafter referred to as the 'Software,' is produced, owned, and maintained by:
Hornbill Drone Technologies Private Limited
WeWork Rajapushpa Summit,
Nanakramguda Financial District,
(hereinafter referred to as 'Hornbill Drone Technologies').
Hornbill Drone Technologies hereby grants the Licensee a nonexclusive license to use (and install) the Software and accompanying documentation as described herein (the “Agreement”). The licensed Software and documentation, including error corrections and enhancements, are and shall at all times remain the property of Hornbill Drone Technologies, and the Licensee shall have no right, title, or interest therein except as explicitly set forth in this Agreement.
The license is a single-user license.
Together with the main Software, the Licensee might have received relocatable object code, linked binary forms, and other derivative forms. The Licensee does not have the right to use any of these derivative forms separately. The user has the right to use the derivative forms only in direct connection with the main Software.
VALIDITY OF AGREEMENT
This license agreement comes into force and becomes an Agreement between Hornbill Drone Technologies and the Licensee when the Licensee has accepted these terms and conditions in this EULA. If the Licensee does not agree with the terms of this Agreement, the Licensee should not sign up and accept the use of the Software.
The Licensee purchases the Software at Hornbill Drone Technologies (www.hornbilltech.com) or through one of the Hornbill Drone Technologies distributors.
The Licensee shall use the Software only for internal operations. The Licensee is not allowed to sell, license, sublicense, rent, or make the Software available for use by any third parties.
The Software enables Licensee to create new Software accounts for Licensee’s customers. Hornbill Drone Technologies will invoice any new licensees directly if Licensee creates any such new accounts.
Hornbill Drone Technologies provides the Licensee with a personal login.
The Licensee shall not decompile, disassemble, or otherwise reverse-engineer the Software.
Any drawings and documents furnished may not be used for purposes other than the performance of the Agreement without specific approval by Hornbill Drone Technologies.
Hornbill Drone Technologies explicitly states that the Software is subject to export control.
This license agreement includes support and software upgrades. For support, please contact email@example.com.
The Licensee shall have the right to use the Software within the agreed term (on a monthly or yearly basis), subject to the termination provisions in this Agreement.
By any late payment of the license fee, the Licensee forfeits its rights of any access to the Software and accepts that all data uploaded to the Software will be deleted within 30 days of such late payment.
Hornbill Drone Technologies may terminate this license grant by written notice to the Licensee if the Licensee breaches any material term of this license, including failure to pay any license fees due, and the Licensee has not cured such breach within fourteen (14) days of written notification. The Licensee may terminate this license at any time, for any reason.
The Licensee shall not be entitled to any refund if this license is terminated, except for license fees paid for any software for which the acceptance period has not expired at the time of termination.
Here we describe how we collect, use and handle your information when you use our website, software and services (“Services”).
USE OF NAME AND TRADEMARKS
The Licensee shall not use the name, trade names or trademarks of Hornbill Drone Technologies in any advertising, promotional literature, or any other material, whether in written, electronic, or other form, distributed to any third party, except in the form provided by Hornbill Drone Technologies, and then solely for purposes of identifying the Software.
This license is non-transferable to a third party without Hornbill Drone Technologies' consent, which shall not be unreasonably withheld. This license may be transferred to an affiliate provided that Hornbill Drone Technologies is notified in writing of the transfer and the affiliate accepts the same terms and conditions subject to the approval of Hornbill Drone Technologies.
RESPONSIBILITY FOR CLAIMS BY THIRD PARTIES
Hornbill Drone Technologies declares that it has no knowledge of any valid patents belonging to third parties and covering devices or processes comprised by this Agreement, but cannot warrant that such patents might not prove to exist.
If reproduction, sale or use of the Software by the Licensee results in a claim for fraudulent imitation against the Licensee, the costs and any damages awarded against him shall be borne by the Licensee.
The costs and expenses of any counterclaim or of settling a claim shall be borne by the Licensee. The Licensee shall inform Hornbill Drone Technologies of any claims made against the Licensee for fraudulent imitation and shall enable Hornbill Drone Technologies to join in any legal proceedings.
LIMITATION OF LIABILITY
The Software shall not be relied on as the basis to solve a problem whose incorrect solution could result in injury to person or damage to property. If the Software is employed in such a manner, it is at the Licensees own risk and Hornbill Drone Technologies explicitly disclaim all liability for such misuse to the extent allowed by law.
Hornbill Drone Technologies shall in no event whatsoever be liable for any results of any human or AI analysis and shall not be liable for loss of production, loss of profit or any consequential punitive or indirect loss incurred on the basis of such analysis by the Licensee/customer, Hornbill Drone Technologies or any third party.
Subject to having furnished all the documents and assistance provided for in this EULA, Hornbill Drone Technologies undertakes no responsibility for the risk of technical realization, which is assumed solely by the Licensee.
The Licensee shall be deemed to have understood the subject-matter of the License and shall undertake its technical realization.
LIMITED WARRANTY/LIMITATION OF REMEDIES
Hornbill Drone Technologies further warrants, for a period of one (1) year from delivery that the Software will conform in all material respects to the description given in the documentation. In the event that the Software does not operate as warranted, the Licensees exclusive remedy and Hornbill Drone Technologies sole liability under this warranty shall be
• the correction or workaround by Hornbill Drone Technologies of major defects within a reasonable time, or
• should such correction or workaround prove neither satisfactory nor practical, termination of the relevant license and refund of the initial license fee paid to Hornbill Drone Technologies for the Software. All requests for warranty assistance should be directed to Hornbill Drone Technologies.
Notwithstanding anything to the contrary contained in this Agreement, Hornbill Drone Technologies shall in no event whatsoever be liable in contract or in tort for loss of production, loss of profit or any consequential punitive or indirect loss suffered by the Licensee or any third party, and even if such claim or liability were to be based upon any breach by Hornbill Drone Technologies of its obligations under this Agreement or any negligent act, fault or omission by Hornbill Drone Technologies.