This is the EULA (End User License Agreement) for all the Trio-track products. The users are bond to accept these terms and conditions. Trio-track and its algorithm are legally protected and all the users are allowed to use the product and its services within the bounds described by this EULA. The right to reject act will terminate the EULA and hence users are not permitted to use the Trio-track product or services*. The EULA is given the top priority and by default termed as accepted and abide by when the user is using the product or services. The user needed not provide any documents as the proof of acceptance and using the product will by default make him/her to be in the position of legally accepting the EULA. Violating the terms and conditions will invite legal prosecution. This EULA can be changed by Triophore without prior notice to the users, if the users are not aware of the change, company is not responsible for if violation of EULA and defending by not notifying is not applicable. The users are requested to keep himself/herself updated and is solely their responsibility to keep updated of the EULA. Trio-track utilizes both proprietary and third party technologies. The failure in the third party technologies including, unnoticed updates ,API changes, EULA changes, removal of particular services(s)/product(s),hardware incapability(s) ,topographic failure(s),unnoticed usage rate change(s),stated or added in the product specific user guide terms of third party technology provider , are not considered as the fault from Triophore. Triophore will try to update and keep up to these changes in the best possible way as our commitment to our customers.
Hardware is covered by warranty till the number of days prescribed by the product warranty card and failure in producing the warranty card voids warranty. The warranty is allowed only after inspecting the hardware to see if the hardware meets with the specification of allotting warranty. The specification for warranty avail and protection is described in the user manual/user guide. The hardware is not guaranteed of giving accurate results and there will a shift based on the working environment and topography, any miscalculation ,damage ,misinterpretation ,loss ,loss in any form -legal or otherwise etc, are beyond the concern and consideration of Triophore.
Triophore Technologies hereby grants this end user license ("License") to you as Licensee, pursuant to which you have the non-transferable, limited, and non-exclusive right to install, use, reproduce, and display the Trio-Track Software identified above ("Trio-Track Software") solely by the maximum number of computers or other electronic devices entered above ("CPUs"), in the production of human-readable text. You are permitted to make and keep one back-up copy of the Trio-Track Software. You are responsible to ensure that all persons who operate your licensed CPUs abide by this License. The governing principle is that there is no limit on the number of CPUs (but not to exceed the licensed maximum) that are simultaneously capable of accessing and operating the Trio-Track Software, so long as all such CPUs are owned by you and are being used by you and your direct employees. If you give away or sell a CPU, you must remove the Trio-Track Software from it before doing so. If the Trio-Track Software is hosted on a server on an internal network and is served to other CPUs, the only CPUs that may access the Trio-Track Software from the server are the CPUs covered by this License. Any distribution or use of the Trio-Track Software not specifically covered in will require an addendum to this License (if by you) or a separate license (if by someone else). This includes, for example, add-on addition or modification by you or a third party; embedding of the Trio-Track Software in any file format for distribution to unlicensed users; use of the Trio-Track Software on a workgroup or internet server; and as an integral part of the surface or user interface of any kind of commercial product other than books, magazines and other print materials, including but not limited to physical objects of all kinds, firmware, software, hardware, OEM, and ISV use, but not including separate product packaging and inserts (such as a product carton or a user manual). You are prohibited from converting, porting, decompiling, reverse engineering, disassembling, adapting or modifying, in whole or in part, the Trio-Track Software. You agree that any violation of this provision will render you liable for damages calculated on the basis of Triophore Technologies ' highest charges for Trio-Track Software development. You are prohibited from distributing, transmitting, leasing, loaning, selling, or sub-licensing, in whole or in part, the Trio-Track, to any third party, subsidiary, affiliate, assignee, customer, or agent, except as permitted in subsections in explicit separate licence You are required to implement reasonable security precautions, protocols, and protective measures to prevent the unauthorized use, distribution, duplication, transmission, or dissemination of the Trio-Track Software. OEM customers must obtain OEM license. If during the period of the License Triophore Technologies ' so requests, you will provide within thirty (30) days of the request a complete accounting of the computers (with appropriate identification information, including serial numbers) upon which you have installed the Trio-Track Software, certified by an officer of the company. In addition, upon reasonable notice, Triophore Technologies may, either through its own employees or through a third party at Triophore Technologies ' discretion, audit your records and computer equipment to verify compliance with the terms of the License. If the audit reveals any use in violation of this License, in addition to Triophore Technologies ' other remedies, you will be required to reimburse Triophore Technologies ' for the costs of conducting the audit. Your failure to comply with these accounting and audit provisions is grounds for Triophore Technologies ' termination of this License by written notice to you. This License is subject to termination if you violate any of the terms and conditions stated herein. Triophore Technologies ' will give you written notice of the violation, and you shall have fifteen (15) days after the date of the notice to cure the violation. If the violation is not cured within that period, this License may thereupon be terminated by Triophore Technologies ' by written notice to you. No fees shall be refundable to you upon termination. Upon termination of this License, you must destroy the Trio-Track Software and all copies thereof, in all forms of media. You must promptly submit a declaration signed by an officer of the company that attests to the destruction of the Trio-Track Software in conformance with this License. The termination of the License is without prejudice to Triophore Technologies ' entitlement to damages for a violation of the License.. All rights not expressly granted by Triophore Technologies ' to you are hereby reserved to Triophore Technologies '; without limiting the generality of the foregoing Triophore Technologies ' retains all right, title, and interest of whatsoever nature (including all intellectual property rights) in the Trio-Track Software and in all legally protectable elements and derivative works of the Trio-Track Software, regardless of by whom paid for or developed.
You are reminded that this License is non-transferable. You may not assign your rights, duties, or obligations under this License to any other person or entity, in whole or in part, without the prior express written consent of Triophore Technologies. If someone else would like to use the Trio-Track Software, the appropriate solution is to purchase a license. No waiver of any provision of this License or of any right or remedy hereunder will be effective unless in writing and signed by the party against whom such waiver is sought to be enforced. No delay in exercising, course of dealing with respect to, or partial exercise of any right or remedy hereunder will constitute a waiver or relinquishment of any other right or remedy, or future exercise thereof. All notices must be in writing and will be deemed to be delivered when received by electronic mail; by certified mail, postage prepaid, return receipt requested; or by a nationally known overnight mailing service, directed to the parties at the respective addresses given above or to such other address as either party may designate to the other party by notice given in conformance with this subsection. This License shall be governed by, and construed in accordance with the laws of the Government of INDIA, excluding its rules governing conflicts-of-law. Any dispute relating to this Agreement will be decided solely in the courts located in the Country and province decided by Triophore Technologies, and the parties irrevocably submit to the personal jurisdiction of said courts for that purpose. In the event of your violation of any of the provisions of this License, Triophore Technologies will be entitled to an award of the reasonable attorney's fees incurred by it to address the violation and enforce the License. Your installation of the Trio-Track Software constitutes your acceptance of all of the provisions contained in this License, which constitutes the complete and binding agreement between the parties with respect to the subject matter hereof, superseding all prior or contemporaneous proposals, communications and understandings, oral or written.
Triophore makes no warranties, express or implied, concerning the Trio-Track Software, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing disclaimer, Triophore does not warrant that the Trio-Track Software will operate uninterrupted or error-free.
If the Trio-Track Software delivered to you is corrupted or delayed during transit or is found to otherwise contain a flaw that can be reproduced by Triophore in its review of the Trio-Track Software, Triophore will replace it with the same Trio-Track Software. Triophore Technologies cannot give refunds, and an exchange will only be made in the case of a defect.
In no event will Triophore be liable to you or any other person or entity for any indirect, incidental, consequential or punitive damages, including loss of profit or goodwill, for any matter arising out of or relating to the subject matter of this License. Triophores ' total liability for damages, if any, will be limited to the total fees paid by you to Trio-Track hereunder.
The reports, statistics, images, any form of documents generated by the Trio-track software is regulated by this portion of EULA. The documents are used only for supporting actions, evidence, source, correction only, not to be used as primary form of evidence. The statistics, graphs etc generated are relational in nature and not absolute grading should be done based on that. Triophore shall not held responsible for any misuse of the data, damage caused by the data, theft of any kind, identity damage, metal , psychological, emotional disturbance of any kind are not considered as fault from Triophore. The data are not guaranteed to totally error proof or potentially error proof. Any damage, misinterpretation, loss of money, finance, property, wealth, and harm in any kind due the use of the generated data is solely the responsibility of the user and Triophore is not held responsible for any kind.