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Subject to the terms and conditions of the Agreement, TaxiMobility grants to Licensee a non-exclusive, non-transferable license to use the TaxiMobility service. Licensee may use the Licensed service in executable format for its own use, and may NOT translate or modify the licensed service or incorporate them into other solutions. License is issued to use the service via monthly subscription method.
Licensee recognizes that TaxiMobility regards the Licensed service as its proprietary information and as confidential trade secrets of great value. Licensee agrees NOT to provide or to otherwise make available in any form the Licensed service, or any portion thereof, to any person other than employees of Licensee without the prior written consent of TaxiMobility. Licensee further agrees to treat the Licensed service with at least the same degree of care with which Licensee treats its own confidential information and in no event with less care than is reasonably required to protect the confidentiality of the Licensed service.
1. The licensee has to bear a one-time initial payment towards setup cost to own the brand etc.
2. No source code is provided.
3. Later a monthly fee may be collected by the licensor towards subscription cost (maintenance and hosting fee for smooth running of the solution)
4. No refund is entertained for the service provided.
5. On termination, the fee for the current month shall be paid by the licensee.
The license granted hereunder shall continue unless and until terminated pursuant to Section 5 hereof and subject to Licensee's proper performance of its obligations hereunder.
TaxiMobility may terminate this Agreement if Licensee is in default of any of the terms and conditions of this Agreement and fails to correct such default within one week after written notice thereof from TaxiMobility. Termination is effective if the licensee is found using the service illegally.
In the event of termination, Licensee will immediately discontinue use of the Licensed service. Any payments due for the current month should be settled by the licensee to the licensor. During termination, the fee for the current month should be paid by the licensee. Refund is not available.
TAXIMOBILITY licenses, and Licensee accepts, the licensed service "AS IS." TAXIMOBILITY PROVIDES NO WARRANTIES AS TO THE FUNCTION OR USE OF THE LICENSED SERVICE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED SERVICE IS WITH LICENSEE. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LICENSED SERVICE WILL MEET LICENSEE'S REQUIREMENTS OR THAT THE OPERATION OF THE LICENSED SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.
TAXIMOBILITY'S LIABILITY TO LICENSEE UNDER ANY PROVISIONS OF THIS AGREEMENT FOR DAMAGES FINALLY AWARDED SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID HEREUNDER BY LICENSEE TO TAXIMOBILITY. IN NO EVENT SHALL TAXIMOBILITY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOSS OF PROFITS OR INTERRUPTION OF BUSINESS, HOWEVER CAUSED OR ON ANY THEORY OF LIABILITY.
This Agreement will be binding upon and will inure to the benefit of the parties hereto and their respective representatives, successors and assigns except as otherwise provided herein.
In the event any provision of this Agreement is determined to be invalid or unenforceable, the remainder of this Agreement shall remain in force as if such provision were not a part.
This Agreement shall be governed and interpreted by the laws of the India. Both parties hereby consent to personal and exclusive jurisdiction.
This Agreement sets forth the entire understanding between the parties with respect to the subject matter hereof, and merges and supersedes all prior agreements, discussions and understandings, express or implied, concerning such matters. This Agreement shall take precedence over any additional or conflicting terms which may be contained in Licensee's purchase order or TaxiMobility's order acknowledgment forms.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the Effective Date.