End User License Agreement (EULA)

Last Updated: Sept 19, 2022

END USER LICENSE AGREEMENT (EULA)

IMPORTANT-READ CAREFULLY: This End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single legal entity, who will be referred to in this EULA as "You") and Vikas Medhekar, the author, developer and administrator of the DupInOut Duplicate Finder (who will be referred to in this EULA as the "Licensor").

This EULA agreement governs Your use of the DupInOut Duplicate Finder and all of its components including but not limited to any resources, add-on components, software updates, patches, Web services, supplements, electronic documentation and any modifications made thereto (collectively referred to in this EULA as "Software").

By installing, copying, storing, executing, accessing, updating, upgrading or otherwise using this Software, You agree to be bound by the terms and conditions of this EULA. If You— (i) do not agree to the terms and conditions of this EULA and/ or (ii) do not have a valid license to use the Software, DO NOT INSTALL, COPY, DOWNLOAD, STORE, EXECUTE, ACCESS, UPDATE, UPGRADE OR OTHERWISE USE THIS SOFTWARE. YOU MUST IMMEDIATELY CEASE ACCESS TO THIS SOFTWARE AND DESTROY ALL THE COPIES OF THIS SOFTWARE IN YOUR POSSESSION.

LIMITED WARRANTY

Under no circumstances shall the total liability of the Licensor exceed the actual price paid by You to the Licensor for the product.

The Software is provided "as is", without warranty of any kind, express or implied, warranties of merchantability, fitness for a particular purpose or non-infringement. You agree to use this Software at Your own risk. In no event shall the Licensor be liable for any claims, damages or other liabilities, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the Software or the use of this Software or Your inability to use this Software or other dealings or bugs or deficiencies in this Software. In no event shall the Licensor be liable to any sort of incidental or consequential damages whatsoever arising out of the use of this Software, including without limitation, loss of data, loss of personal information, loss of business information, loss of privacy, loss of profits, loss of opportunities, lost revenues, loss of goodwill, business interruptions, downtimes, computer failure, software corruption, data corruption, psychological trauma, and/ or any other consequential damages or costs.

The Licensor does not warrant that the Software is free of any bugs or deficiencies. You are solely responsible for Your actions and what You do with this Software.

The Licensor makes no warranties concerning any harm or damage that may be caused by transmission of computer viruses, malware, spyware, trojan, worm, keyloggers or any other computer programs by downloading the Software from unofficial, unauthorized, third-party websites or sources.

You are solely responsible for ensuring Your Computer meets the minimum system requirements to use this Software, and any modifications and updates released thereto.

COPYRIGHT, OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS

The Software is licensed, not sold. No ownership rights of the Software is conveyed to You, irrespective of the use of terms such as “buy”, “purchase” or “sale” in the Web documentation and support requests. This EULA does not grant You any rights in connection with any trademarks whatsoever.

DupInOut Duplicate Finder is duly registered as a copyrighted work in accordance with the provisions of the Indian copyright law and is protected by the copyright law in India and other countries as per the International Conventions on Copyright, to which India is a signatory. Any unauthorized use, redistribution of this Software and/ or its Source Code without written permission from the copyright owner is strictly prohibited.

LICENSE GRANT

The Licensor hereby grants You a limited, restricted, non-transferable, non-exclusive and revocable licence to use the Software in accordance with the terms and conditions of this EULA. You may install and use one copy of this Software on a single computer, or any other supported digital electronic device ("Computer"). You must acquire a separate license for each Computer on or from which the Software is installed, stored, accessed, executed, updated, upgraded or used. A single license for the Software may not be concurrently used on multiple Computers.

A backup copy of the Software installation can be made solely for backup and archival purposes only as may be required in the event of a hardware failure, operating system corruption or data disaster.

RESTRICTIONS AND LIMITATIONS OF USE

The Software is protected by copyright law and international treaties. Unauthorized reproduction or distribution of the Software or any portion of it, may result in severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law.

* You are NOT permitted to decompile, disassemble or reverse engineer the Software or attempt to do any such strongly prohibited activities

* You are NOT permitted to edit, alter, modify, adapt or otherwise change the whole or any part of the Software

* You are NOT permitted to incorporate the whole or any part of the Software within any other software and/ or digital product and/ or printed material

* You are NOT permitted to disclose, unveil, print, publish or distribute the source code of this Software in any electronic or non-electronic format

* You are NOT permitted to sell, license, reproduce or distribute copies of this Software without prior written permission from the Licensor

* You are NOT permitted to publish Your license, activation information online or share it with any third-party

* You are NOT permitted to remove this EULA and distribute the Software without the original EULA

* You are NOT permitted to unauthorized download, install, store, use, update, upgrade or access the software on Computers that You don’t have the legal rights or permissions to use.

* You are NOT allowed to tamper the communications between the Software and the server and/ or alter, reverse engineer the activation mechanism including all of its components to perform unauthorized activations, or to unauthorized extend Your existing license

* You are NOT permitted to use the Software to perform any illegal activities or any activities that can breach any applicable local, national or international laws. The Licensor strongly discourages any such activities. The Licensor cannot be held responsible for Your activities and what You do with the Software.

* You are NOT permitted to rent, lease, lend hosting services or Web Servers to any individual or entity involved in the unauthorized, illegal distribution of this Software and/ or any of its components.

* You are NOT permitted to use the Software for any purpose that the Licensor of the Software considers a breach of this EULA or unethical.

* You are NOT permitted to allow, permit or facilitate any third party or entity to use the Software in any manner that breaches the terms and conditions of this EULA.

UNAUTHORIZED MODIFICATION AND DISTRIBUTION OF THE SOFTWARE, MISREPRESENTATION, FALSE CLAIMS OR ILLEGAL ACTIVITIES

You must indemnify, hold harmless, and defend the Licensor from and against any claims, lawsuits, including attorneys' fees, that arise from (i) the use of any unauthorized modified, altered copies of the Software illegally distributed by You (ii) any misrepresentations, false claims, misleading statements You may have made during the distribution of the unauthorized, modified, altered copies of the Software (iii) any illegal activities that You may have performed using this Software.

DISPUTES

This EULA is governed by the laws of India and the sole jurisdiction for any disputes shall only be in the Courts situated in Maharashtra, India.

LICENSE REVOCATION

This EULA is effective from the day of Your first download or usage of this Software and shall continue until terminated. The Licensor reserves the right to terminate this EULA if You fail to comply with the terms and conditions or use the Software in an unauthorized, unprescribed, unethical or unfair manner. Upon such termination, the licenses granted under this EULA will immediately cease. You agree to stop using, storing and accessing this Software. What constitutes an unauthorized, unprescribed, unethical or unfair manner will be determined at the Licensor’s sole discretion.

THIRD-PARTY LIBRARIES & COPYRIGHTS

The installer program for this Software may install or copy additional third-party libraries during the installation. There may be other items such as some icons from third-parties, embedded inside the executable application. Such third-party libraries and items may be copyrighted materials of their respective copyright holders, and subject to the End User License Agreement (EULA) and/ or Terms of Use from their respective copyright holders. As such, these third-party libraries and items are out of the scope of the provisions laid down under this Software's End User License Agreement (EULA).

COMMUNICATIONS WITH THE SERVER

The Software may establish communications with the server for a variety of reasons including but not limited to updates check-up and product activation. These communications are critical for the core functioning of the Software and they are enabled by default. It is possible to disable the automatic updates check-up from the Settings dialog.

No personally-identifiable information is sent to the server. The Software may send hardware-specific information about Your computer, along with Your Internet Protocol (IP) Address when You activate Your copy of this Software. The Licensor does not collect any personally-identifiable information, nor share or sell it to any third-parties. By installing and using this Software, You consent to the Software’s communications with the server and agree to incur any Internet data or telecommunications charges, as applicable.

REFUNDS

All the refunds are governed and processed according to the separate Refund Policy published on the official website. Refunds will be processed within only a limited period of time and for only acceptable circumstances laid down in the Refund Policy. No refunds will be entertained after the closing of the refund window. By purchasing or using this Software, You agree to the terms and conditions of the Refund Policy.

AMENDMENTS TO THIS EULA

The Licensor reserves the right, at its sole discretion, to modify or replace this EULA at any time.