This Software License Agreement is a legal agreement (the “Agreement”)
between you (the end user, as either an individual or an entity) and
Amazon Seller Services Private Limited, a company incorporated under
the laws of India, with a registered office at Brigade Gateway, 8th
Floor, 26/1, Dr. Rajkumar Road, Malleshwaram (West),
Bangalore-560055 (“Amazon”) and its affiliated
companies (jointly referred to as the “Licensor”)
regarding your use of the AMTU 2 software code and all associated
documentation (the “Licensed Code”). The Licensed
Code also includes any updates, upgrades, bug fixes, patches and new
versions that Licensor makes available to you in connection with the
Licensed Code, unless other terms accompany any such items.
By installing or otherwise using the Licensed Code, you agree to comply with and be bound by the terms of this License. If you do not agree to the terms of this License, do not install or use the Licensed Code.
License Grants. Subject to the terms and conditions of this Agreement,
Licensor grants to you a worldwide, non-exclusive, royalty-free, revocable, non-sublicenseable
and non-transferable license to download, reproduce, install and use the Licensed Code
in object code form on one or more computer systems that are under your ownership or
control or are under the ownership or control of a Licensor customer that has engaged you
as its service provider.
Ownership; Reservation of Rights. As
between you and Licensor, Licensor and its third party
providers own all right, title and interest in and to
the Licensed Code. All rights not expressly granted to
you in this Agreement are reserved and Licensor does not
grant you, under this Agreement, any other licenses,
immunity or rights, whether by implication, estoppel, or
Reproduction. You may reproduce the Licensed Code only in its entirety.
You may not modify the Licensed Code in any manner, including without limitation to revise
or remove any copyright, patent, trademark or other notices that are present in it.
You may not reverse engineer, disassemble, or decompile (except to the extent such right cannot
be excluded or limited by applicable law and then only when the express permission of Licensor
has been sought and refused) the Licensed Code.
Use. You may use
the Licensed Code only in connection
with related functionality provided by
Patent Claims. If
you institute a patent litigation
against Licensor (including any claim,
cross-claim or counterclaim in a
lawsuit) alleging that the Licensed Code
or its use under this Agreement
constitutes direct or contributory
patent infringement, then your rights
under this Agreement (including without
limitation the grants in Section 1) will
terminate as of the date such claim is
Agreement does not grant any rights to
use Licensor’s names, logos, or
trademarks, except as necessary to
reproduce proprietary rights notices in
accordance with this Agreement.
Third Party Software. Other license terms may apply to
certain software files contained within or distributed with the Licensed Code
that are specifically identified as third party software in this Agreement
or in the User Guide for the Licensed Code (“Third
If such other license terms are identified in the User Guide, they will apply
to the corresponding Third Party Software in lieu of the terms of this Agreement.
Without limiting the foregoing, the Licensed Code includes “install4j” installer
software that is Third Party Software owned by ej-technologies GmbH and its licensors.
for more information on how to license this technology for your own use.
Termination. If you violate any
term of this Agreement, then your rights under it
(including the grant in Section 1) will terminate
immediately, with or without notice from us.
Support Services. Licensor may, but
is not obligated to, provide you with support services
related to the Licensed Code (" Support Services"). Any
supplemental software code provided to you as part of
the Support Services will be considered part of the
Licensed Code and subject to the terms and conditions of
this Agreement unless other terms accompany such
supplemental software code. If you provide suggestions,
ideas, or other feedback to Licensor in connection with
the Licensed Code or Support Services, Licensor will be
free to exercise any and all rights in the same without
restriction and without any obligation to compensate
Disclaimer of Warranty. THE LICENSED CODE AND ANY SUPPORT SERVICES OR OTHER SERVICES
PROVIDED TO YOU IN CONNECTION WITH THE LICENSED CODE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS,
IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE OR NON-INFRINGEMENT. YOU BEAR THE RISK OF ANY EXERCISE BY YOU OF RIGHTS GRANTED BY THIS AGREEMENT.
SOME JURISDICTIONS’ LAWS DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, IN WHICH CASE THE FOREGOING DISCLAIMER
MAY NOT APPLY TO YOU, AND LICENSOR DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
Limitation of Liability. EXCEPT AS REQUIRED BY APPLICABLE LAW NOTWITHSTANDING
THIS PARAGRAPH, IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE),
CONTRACT OR OTHERWISE, WILL LICENSOR BE LIABLE TO YOU FOR DAMAGES OR LOSSES, INCLUDING ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO
THIS AGREEMENT OR THE USE OR INABILITY TO USE THE LICENSED CODE OR ANY SUPPORT SERVICES
OR OTHER RELATED SERVICES (INCLUDING BUT NOT LIMITED TO DAMAGES RELATED TO LOSS OF GOODWILL,
BUSINESS INTERRUPTION, LOST PROFITS OR DATA, COMPUTER FAILURE, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES),
EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
NOTHING IN THIS AGREEMENT WILL OPERATE TO EXCLUDE: (I) LIABILITY FOR DEATH OR PERSONAL
INJURY ARISING AS A RESULT OF THE NEGLIGENCE OF EITHER PARTY, ITS EMPLOYEES, AGENTS, OR
AUTHORIZED REPRESENTATIVES, (II) EITHER PARTY’S CONTRACTUAL LIABILITY FOR GROSS NEGLIGENCE OR
WILFUL MISCONDUCT, OR (III) ANY LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Applicable Law; Jurisdiction. As to Amazon and any other affiliate
of Licensor located in India, this Agreement will be construed and enforced in
accordance with the laws of India. You agree that the Courts of Bangalore, Karnataka
will have the sole and exclusive jurisdiction over, and will be the sole and exclusive
venue for, any claim, action or proceeding arising out of or relating to this Agreement,
and you irrevocably waive any argument of forum non conveniens with respect to such courts.
Indemnification. You agree to
indemnify, defend, and hold harmless Amazon and its
affiliated companies from all claims, judgments,
damages, and expenses (including reasonable attorneys'
fees) that may arise out of any alleged breach of the
warranties under this Agreement.
No Waiver. The failure of either Party to enforce any provision of this Agreement will not constitute a waiver of the Party’s rights to subsequently enforce the provision. The remedies specified in this Agreement are in addition to any other remedies that may be available at law or in equity.
Invalidity; Entire Agreement; Modification.
If any provision of this Agreement is held to be invalid, such invalidity will not effect the remaining provisions. This Agreement represents the entire agreement between the Parties with respect to the subject matter hereof and supersedes any previous or contemporaneous oral or written agreements regarding such subject matter. Any modification of this Agreement must be in writing and signed by a duly authorized agent of each Party.
Relationship between the Parties.
Nothing contained in this Agreement will create a partnership, association of persons, joint venture, or agency relationship between the Parties. The Parties will act as independent contractors hereunder, and neither will have the authority to bind the other with respect to any third party.
Miscellaneous. No failure or forbearance by Licensor to insist upon or enforce performance of any of the terms of this Agreement or to exercise any rights or remedies under this Agreement or otherwise at law or in equity will be construed as a waiver or relinquishment to any extent of Licensor’s right to assert or rely on any such term, right or remedy in that or any other instance. This Agreement is the entire agreement between you and Licensor relating to the Licensed Code and Support Services and it supersedes all prior or contemporaneous oral or written communications and representations with respect to the Licensed Code, Support Services or any other subject matter covered by this Agreement.
Sign in to use the tool and get personalized help (desktop browser required).