Mobile CDR Analysis 3.0

EULA - End User License Agreement

CDR Analysis Software
SOFTWARE LICENSE AGREEMENT

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE "CDR Analysis" SOFTWARE THAT ACCOMPANIES THIS SOFTWARE LICENSE AGREEMENT OR ANY ACCOMPANYING DOCUMENTATION (COLLECTIVELY, THE SOFTWARE).

THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT AND THE "CDR Analysis Software" ORDERING DOCUMENT YOU EXECUTED OR AGREED TO, AND (WHERE APPLICABLE) ANY "CDR Analysis Software" LICENSE KEY INFORMATION, IN EACH CASE GOVERNING YOUR LICENSE TO THE SOFTWARE (COLLECTIVELY, THE PURCHASE RECEIPT) (THIS SOFTWARE LICENSE AGREEMENT AND THE PURCHASE RECEIPT COLLECTIVELY, THIS AGREEMENT) ARE AN AGREEMENT BETWEEN YOU AND "CDR Analysis Software" CORPORATION (GPTL) AND GOVERN USE OF THE SOFTWARE UNLESS YOU AND CDR Analysis Software HAVE EXECUTED A SEPARATE WRITTEN AGREEMENT GOVERNING USE OF THE SOFTWARE.

CDR Analysis Software MEANS: (a) IF YOU ACQUIRED THE SOFTWARE IN THE INDIA OR New Delhi, CDR Analysis Software., A DELAWARE CORPORATION; AND (B) IF YOU IF YOU ACQUIRED THE SOFTWARE IN ANY OTHER COUNTRY, "GPTL" A COMPANY INCORPORATED IN INDIA.

THIS SOFTWARE LICENSE AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IF YOU ARE RESIDENT IN THE INDIA., THESE AFFECT YOUR RIGHTS TO RESOLVE A DISPUTE WITH "CDR Analysis Software", AND YOU SHOULD READ THEM CAREFULLY. FOR EXAMPLE, EXCEPT IF YOU OPT OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE AGREEMENT TO ARBITRATE - INDIA. CUSTOMERS SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND CDR Analysis Software WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

"CDR Analysis Software" is willing to license the Software to you only upon the condition that you accept all the terms contained in this Agreement. By clicking to accept where indicated below or by downloading, installing or using the Software, you have indicated that you understand this Agreement and accept all of its terms. If you are accepting the terms of this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the terms of this Agreement, and, in such event, you and your will refer to that company or other legal entity. If you do not accept all the terms of this Agreement, then "CDR Analysis Software" is unwilling to license the Software to you, and you must return the Software to the place of purchase for a refund, if you have paid for the license to the Software, or, if "CDR Analysis Software" has made the Software available to you without charge, you must destroy all copies of the Software. If you have paid for the license to the Software and the place of purchase will not accept your return, you can contact "CDR Analysis Software directly". Your right to return the Software for a refund expires 15 days after the date of purchase.

1. License.

a. (a) Free Trial License. If you have obtained a free, trial or evaluation version of the Software from "GPTL" or from an authorized "CDR Analysis Software" reseller, then conditioned upon your compliance with the terms and conditions of this Agreement, "GPTL" grants you a non-exclusive and non-transferable license to Execute the Software solely in executable form. The foregoing license permits Execution of only such number of copies of the Software, and on such number of devices, computers or virtual machines (Devices), as is expressly permitted by "GPTL" with respect to your trial. If no such number of copies or Devices is specified by "GPTL", the foregoing license permits Execution of a single copy of the Software on a single Device. For purposes of this Agreement, Execute and Execution means to load, install, and/or run the Software locally on a single Device in order to benefit from its functionality as designed by "GPTL".

a. (b) Paid License. If you purchased a license to the Software from "GPTL" or from an authorized "GPTL" reseller, then conditioned upon your compliance with the terms and conditions of this Agreement, "GPTL" grants you a non-exclusive and non-transferable license to Execute the number of copies of the Software for which you have paid solely in executable form on the corresponding number of Devices owned or used by you.

2. Restrictions.

a. (a) "CDR Analysis Software for Home" - Free Paid. If you are a CDR Analysis Software for Home user, and whether you have a free or paid license, this Section 2(a) applies. Your license permits you to use the Software solely for your personal, non-commercial purposes; the Software may not be used on any Device that is used in a business. You may not combine the Software with any third party script, application, hardware or tools which would cause it to run on an automated or unattended basis. You may not transfer the Software to a different user, except that once installed onto a Device, the Software may be operated by any person directly using the Device (i.e., not remotely), provided that you are responsible for each such person's operation of the Software. You may make one copy of the Software for back-up or archival purposes, or copy the Software onto the hard disk of your Device and retain the original for back-up or archival purposes.

a. (b) "GPTL" for Business. If you are a CDR Analysis Software for Business user, and you have a trial license, your license permits you to use the Software solely for evaluation purposes, and not for production use. You may also use our breach remediation Software downloaded via the business link to remediate up to five Devices every thirty days. If you are a CDR Analysis Software for Business user, and you have a paid license, your license permits you to use the Software solely for your internal business purposes. If you are a CDR Analysis Software for Business customer, and whether you have a free or paid license: (i) you may make a reasonable number of copies of the Software for back-up or archival purposes; (ii) the Software may only be used by your employees and consultants (Authorized Users), who have agreed to abide by the terms of this Agreement and who may only use the Software for the purposes of performing their job functions for you; (iii) you are responsible for the use of the Software by your Authorized Users (and their compliance with this Agreement); and (iv) once Executed on a Device, the Software may be operated by any Authorized User using the Device, directly or (where that person is providing support services to you with respect to that Device) via remote connection; provided that each such Device is running an authorized copy of the applicable Software.

a. (c) General. You must have a license to the Software for every Device on which you operate the Software. Once Executed on a Device, you may not transfer the Software to a different Device, even if you uninstall and remove the Software from the first Device. You may run the Software on a network, provided that you have a license to the Software for each Device that can access the Software over that network. You may not use on behalf of, or make the functionality of the Software available to, third parties for any purpose, such as for providing any computer repair, help desk or troubleshooting service. Except as expressly specified or permitted in this Agreement, you may not: (i) copy (except in the course of loading or installing) or modify the Software, including but not limited to adding new features or otherwise making adaptations that alter the functioning of the Software; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Software to any third party; or (iii) make the functionality of the Software available to any third party through any means, including but not limited to by uploading the Software to a network or file-sharing service or through any hosting, application services provider, service bureau, software-as-a-service (SaaS) or any other type of services. You acknowledge and agree that portions of the Software, including but not limited to the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of CDR Analysis Software and its licensors. Accordingly, you agree not to disassemble, decompile or reverse engineer the Software, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition. You will comply with any additional restrictions contained in your Purchase Receipt or other purchasing documentation.

3. Ownership. Each copy of the Software is licensed, not sold. For purposes of this Agreement, the terms purchase, sell and like terms refers to purchase or sale of a license to use the Software and not to a purchase or sale of title to or ownership of any rights or other interests in the Software. You own the media on which the Software is recorded, but you acknowledge and agree that, as between us, CDR Analysis Software and/or one of its affiliates retains ownership of the Software itself and any related data or databases used by CDR Analysis Software or the Software (the Database), including all intellectual property rights therein. The Software and Database are protected by India. copyright law and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Software as delivered to you. CDR Analysis Software With reserves all rights in the Software and Database not expressly granted to you in this Agreement.

4. Updates. From time to time, CDR Analysis Software may, but has no obligation to, provide updates to the Software. You are advised to update the Software regularly, or to set it to update automatically if that feature is available in your version of the Software. If you are a paying customer with a current subscription, CDR Analysis Software will make available to you at no additional cost the standard updates and maintenance and support that are made generally available at no additional cost to paying subscribers in accordance with CDR Analysis Software' policies from time to time. Nothing in this Agreement entitles you to receive any support, maintenance, updates, upgrades, content or new versions of the Software, unless you are a paying customer with a current subscription. CDR Data Analysis Software reserves the right to designate any updates, additional content or features as requiring separate payment or purchase of a separate subscription at any time. CDR Analysis Software specifically reserves the right to cease providing, updating, or maintaining the Software or Database at any time in its sole discretion. If you have entered into a separate maintenance and support or similar agreement with CDR Analysis Software, then CDR Analysis Software will provide Software maintenance and support in accordance with the terms of that agreement, not this Agreement.

5. Term.

a. (a) Paid Subscription License Term. If you have purchased a license to the Software, then the initial term of this Agreement commences on the date specified in the Purchase Receipt or applicable purchasing documentation accompanying the Software (or if no such date is specified, the date you initially Execute a copy of the Software on a Device (regardless of the number of copies of the Software that you are permitted to use in accordance with this Agreement)), and, in each case, continues for the period of time set forth in the Purchase Receipt or applicable purchasing documentation (or, if no such date is specified, for one (1) year). At the end of such initial term (and each renewal term thereafter, if any), subject always to payment of the applicable license fees for each such renewal term, this Agreement will automatically renew for additional successive terms equal to the period of time set forth in the applicable renewal Purchase Receipt or purchasing documentation (or, if no such date is specified, for additional successive terms of one (1) year), unless either party provides the other party with notice of nonrenewal prior to the end of the then-current term. IN OTHER WORDS, each subscription renews automatically until you cancel it. you can cancel your subscription at any time; see our License Renewal FAQs which can be found on our website (www.cdrdataanalysis.org).

a. (b) CDR Analysis Software for Home - Free License Term. If you have obtained a license to a free version of the Software, then your license will continue until terminated in accordance with this Agreement.

a. (c) CDR Analysis Software for Business - Trial License Term. If you have obtained a trial license to the Software, then your license will continue for such time period as may be specified by CDR Analysis Software with respect to such trial (or, if no such period is specified, for ninety (90) days). In addition, CDR Analysis Software may terminate your trial license at any time at its sole discretion.

a. (d) Termination Rights. You may terminate the license at any time by destroying all copies of the Software in your possession or control. The license granted under this Agreement will automatically terminate, with or without notice from CDR Analysis Software, if you breach any term of this Agreement. If you are a CDR Analysis Software for Home user, and you have a paid license, if you fail to pay the applicable license fees as specified in the Purchase Receipt or applicable purchasing documentation, your existing license to the Software ends automatically and your license shall automatically convert into a free license; as such, your Software will no longer be eligible to receive automatic updates. If you are a CDR Analysis Software for Business customer, and you have a paid license, if you fail to pay the applicable license fees as specified in the Purchase Receipt or applicable purchasing documentation, your existing license to the Software ends automatically. If you are a CDR Analysis Software for Business customer, and you have a trial license, your license to the Software ends automatically at the end of the applicable trial period. If you are a CDR Analysis Software for Business customer, you acknowledge that upon expiration or termination of your license, the Software and any license key may automatically de-activate and you may no longer be able to access and use the Software. If you assert any patents against us or any of our other customers based on use of the Software, your license to the Software ends automatically.

a. (e) Effect of Termination. Upon termination or expiration of this Agreement, your rights to use the Software cease and you shall not be entitled to a refund of any pre-paid fees. Sections 3, 5(e), 7, 8, 9, 11, 12, 13 and 14 of this Agreement will survive any termination or expiration of this Agreement.

6. Payment Terms. The price payable by you is the price stated in the Purchase Receipt or applicable purchasing documentation (or, if no such price is specified, the price set out in our then-current standard published price list). Our prices are exclusive of taxes, duties, levies, tariffs, and other governmental charges (including, without limitation, VAT) (collectively, Taxes). If we issue an invoice to you, all invoices are payable within thirty (30) days of the invoice date. You are responsible for payment of all Taxes and any related interest and/or penalties resulting from any payments made to us, other than any taxes based on GPTL' net income. All amounts are payable and charged (i) at the beginning of the subscription, when you place your order, and, (ii) because each subscription renews automatically until you cancel it, at the time of each renewal until you cancel. You must cancel your subscription before it renews to avoid the billing of the fees for the next subscription period. You will not receive a refund for the fees you already paid for your current subscription period. you can cancel your subscription at any time; see our License Renewal FAQs which can be found on our website (www.cdrdataanalysis.com).

7. Privacy Policy. By entering into this Agreement you agree to the terms of CDR Analysis Software' privacy policy, which can be found at https://www.cdrdataanalysis.com/privacy.php (as may be updated from time to time, the Privacy Policy). More information concerning what data is collected and used by CDR Analysis Software and how it is used is available in the Privacy Policy. Without limiting the Privacy Policy, you agree that CDR Analysis Software may track certain data it obtains from your Device, including data about any malicious software, exploits or other threats flagged by the Software (including but not limited to potential sources of such threats, such as payload files, file format and recent URL's visited), data about your license, data about what version of the Software you are using and what operating conditions it runs under and data concerning your geographic location. This information is collected and used for the purpose of tracking malicious software, exploits and other threats, and evaluating and improving CDR Analysis Software' products and services. We may share data relating to malicious software, exploits or other threats flagged by the Software with third parties. In the event that any user who operates the Software as permitted under this Agreement (including, if you are a CDR Analysis Software for Business customer, your Authorized Users) makes a complaint or claim based on the tracking or collection of data in accordance with this Section 6, you agree that you are solely responsible for addressing any such complaints or claims.

8. Limited Warranty; Disclaimer. CDR Analysis Software warrants that any physical media manufactured by CDR Analysis Software on which the Software is distributed will be free from defects for a period of sixty (60) days from the date of delivery of the Software to you. Your sole and exclusive remedy, and CDR Analysis Software' sole liability, in the event of a breach of the foregoing warranty will be that CDR Analysis Software will, at its option, replace any defective media returned to CDR Analysis Software within the warranty period or refund the money you paid for the Software. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (a) THE LIMITED WARRANTY SET FORTH IN THIS SECTION 6 IS EXCLUSIVE AND LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED; AND (b) EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THIS SECTION 6, CDR Analysis Software DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CDR Analysis Software OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. CDR Analysis Software does not warrant that the Software will meet your requirements, that the Software will operate in the combinations, on the operating system or in the environments that you may select for Execution, that the operation of the Software will be error-free or uninterrupted, or that all Software errors will be corrected