Get FREE DEMO

.


<< Back To Main Site

END-USER LICENSE AGREEMENT (EULA)

[Version 1.0] Realeased On 01-MAY-2018, Effective From 01-MAY-2018

THIS KRATOS FITNESS SOFTWARE’S (HERE AFTER REFFRED AS “KFS”) END-USER LICENSE AGREEMENT (EULA) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND AMHALA PRIVATE LIMITED (HERE AFTER REFFRED AS “AMHALA”) (KFS IS THE PRODUCT OF AMHALA PRIVATE LIMITED) FOR THE KFS’S PRODUCT IDENTIFIED ABOVE WHICH INCLUDES THE PRODUCT, SETUP FILES AND USER'S MANUAL ACCOMPANYING THIS EULA. BY INSTALLING, COPYING OR OTHERWISE USING THE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE PRODUCT. THE PRODUCT IS PROTECTED BY COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. THE PRODUCT IS LICENSED, NOT SOLD.
#1 GRANT OF LICENSE
1.1 IN ORDER TO PRESERVE AND PROTECT ITS RIGHTS UNDER APPLICABLE LAWS, KFS DOES NOT SELL ANY RIGHT IN ITS PRODUCT. RATHER KFS GRANTS THE RIGHT TO USE ITS PRODUCT BY MEANS OF A PRODUCT LICENSE AS DETAILED BELOW.
1.2 KFS GRANTS YOU A NON-EXCLUSIVE LICENSE TO USE THE PRODUCT ACCORDING TO THE TERMS SET FORTH BELOW.
#2 RESTRICTIONS AND RIGHTS
2.1 YOU CAN OPERATE/USE THE PRODUCT.
2.2 YOU CANNOT MAKE THE PRODUCT AVAILABLE TO ANY PERSON OR ENTITY OTHER THAN YOUR EMPLOYEES, WHO MUST USE THE PRODUCT AS SPECIFIED ABOVE.
2.3 YOU CANNOT MODIFY THE PRODUCT OR MERGE IT WITH ANOTHER PROGRAM, EXCEPT FOR YOUR PERSONAL USE ON A SINGLE COMPUTER ON WHICH LICENSE IS PROVIDED.
2.4 YOU CANNOT TRANSLATE OR CREATE DERIVATIVE WORKS BASED ON THE PRODUCT WHOLLY OR IN PART.
2.5 YOU CANNOT REMOVE, OBSCURE OR ALTER ANY NOTICE OF THE PATENT, COPYRIGHT, TRADEMARK OR OTHER PROPRIETARY RIGHTS RELATED TO THE PRODUCT.
2.6 YOU CANNOT SUB-LICENSE, SELL, LEND, RENT OR LEASE ANY PORTION OF THE PRODUCT OR OTHERWISE DISTRIBUTE THE PROGRAM, NOR CAN YOU MAKE THE PROGRAM AVAILABLE BY 'BULLETIN BOARDS', ON-LINE SERVICE, REMOTE DIAL-IN, OR NETWORK OR TELECOMMUNICATIONS LINKS OF ANY KIND.
2.7 YOU CANNOT TRANSFER THE PRODUCT OR ANY PART OF THE PRODUCT TO ANY PERSON OR ENTITY IN VIOLATION OF APPLICABLE LAWS.
2.8 YOU CANNOT MAKE COPIES OR DISTRIBUTE COPIES OF THIS PRODUCT.
2.9 YOU MUST MAINTAIN ALL COPYRIGHT NOTICES ON ALL COPIES OF THE PRODUCT.
2.10 YOU MUST COMPLY WITH APPLICABLE LAWS REGARDING THE USE OF PRODUCT.
#3 TERMINATIONS
3.1 KFS MAY TERMINATE THIS EULA IF YOU FAILED TO COMPLY WITH THE TERMS AND CONDITIONS OF THIS EULA. IN SUCH EVENT, YOU MUST DESTROY ALL COPIES OF THE PRODUCT.
3.2 IF YOU FAILED TO DO THE COMPLETE PAYMENTS AS COMMUNICATED BY KFS, THEN KFS MAY TERMINATE THE LICENSE AT ANY TIME WITHOUT PRIOR NOTICE.
#4 DISCLAIMERS
4.1 EVERY EFFORT HAS BEEN MADE TO AVOID ERRORS OR OMISSIONS IN THIS PRODUCT. IN SPITE OF THIS, ERRORS MAY CREEP IN. ANY MISTAKE, ERROR OR DISCREPANCY NOTED MAY BE BROUGHT TO OUR NOTICE WHICH SHALL BE TAKEN CARE OF IN THE NEXT VERSION. IT IS NOTIFIED THAT AMHALA PRIVATE LIMITED WILL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS TO ANYONE, OF ANY KIND, IN ANY MANNER ARISING THERE FROM. IT IS SUGGESTED THAT TO AVOID ANY DOUBT THE READER SHOULD CROSS-CHECK ALL THE FACTS, LAW AND CONTENTS OF THE PRODUCT WITH ORIGINAL GOVERNMENT PUBLICATIONS OR NOTIFICATIONS.
4.2 KFS MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE ACCURACY, CONTENTS OR PERFORMANCE OF THIS PRODUCT OR OPERATION MANUAL.
4.3 KFS RESERVES THE RIGHT TO REVISE AND MAKE CHANGES TO THE PRODUCT AND/OR THIS MANUAL WITHOUT INCURRING ANY OBLIGATION TO NOTIFY ANY PERSON OF SUCH CHANGES AND REVISIONS.
4.4 YOU ARE ENTITLED TO USE THIS SOFTWARE FROM THE DATE OF PURCHASE/LICENSE ACTIVATION DATE TILL THE END OF THE PERIOD FOR WHICH THE LICENSE IS PURCHASED.
4.5 YOU MUST RENEW ONCE THE ACTIVATION GOT EXPIRED WITH RENEWAL AMOUNT DECIDED BY AMHALA PRIVATE LIMITED.
4.6 KFS MAY USE YOUR GYM/FITNESS CENTER/ZUMBA/YOGA/STUDIO/DANCE OR ANY LEGAL ENTITY NAME/LOGO/ADDRESS/REVIEW FOR DISPLAYING IN CLIENT LIST.
4.7 WORKING OF THE SOFTWARE IS COMPLETELY DEPENDS ON YOUR SYSTEM DATE TIME. YOU MUST ENSURE THAT YOUR SYSTEM DATE TIME IS CORRECT WHILE USING THE PRODUCT.
4.8 PAYMENT ONCE PAID NOT BE REFUNDABLE IN ANY CIRCUMSTANCES.
4.9 WHEN TO RELEASE THE NEWER VERSION OR WHEN TO UPDATE NEW VERSION OF THE PRODUCT AT YOUR LOCATION WILL BE DECIDED BY KFS ONLY.
4.10 KFS MAY ADD / REMOVE FEATURES FROM THE PRODUCT IN NEW VERSIONS BASED UPON THE CURRENT REQUIREMENT.
4.11 YOU CAN SUGGEST THE NEW FEATURES BASED UPON YOUR CUSTOM REQUIREMENT. IF KFS FOUND IT VALUABLE, THEN KFS MAY ADD IT IN NEW UPCOMING VERSION.
#5 SMS
5.1 KFS USES THIRD PARTY SMS GATEWAY PROVIDERS.
5.2 YOU WILL BE PROVIDED INITIALLY 5000 SMS CREDITS (MAY VARY IN FUTURE) IN YOUR SMS ACCOUNT WITH KFS INTIAL FIRST YEAR LICENCE PURCHASE.
5.3 IT IS YOUR RESPONSIBILITY TO KEEP SMS ACCOUNT CREDENTIAL SAFE. SMS ACCOUNT CREDENTIAL WILL BE COMMUNICATED TO YOU ON YOUR REGISTERED EMAIL ID.
5.4 COMPLETE WORKING OF SMS MODULE DEPENDS ON THE AVAILABILITY OF SERVICES PROVIDED BY THIRD PARTY SMS GATEWAY PROVIDERS. THIRD PARTY SMS GATEWAY PROVIDER MAY VARY TIME TO TIME.
5.5 IF KFS RECEIVE ANY TELECOM REGULATORY AUTHORITY OF INDIA (TRAI) COMPLAINT FOR DND (DO NOT DISTURB), YOU MUST PROVIDE & CO-OPERATE IN GATHERING THE REQUIRED DETAILS OF THE SAME.
#6 COPYRIGHT
6.1 ALL TITLE AND INTELLECTUAL PROPERTY RIGHTS IN AND TO THE CONTENT WHICH MAY BE ACCESSED THROUGH USE OF THE PRODUCT IS THE PROPERTY OF THE RESPECTIVE CONTENT OWNER AND MAY BE PROTECTED BY APPLICABLE COPYRIGHT OR OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. THIS EULA GRANTS YOU NO RIGHTS TO USE SUCH CONTENT. ALL COPYRIGHTS ARE ACKNOWLEDGED.
6.2 NO PART OF THIS PRODUCT MAY BE REPRODUCED OR COPIED IN ANY FORM OR BY ANY MEANS GRAPHIC, ELECTRONIC OR MECHANICAL INCLUDING, PRINTING, PHOTOCOPYING, RECORDING, TAPING, OR INFORMATION RETRIEVAL SYSTEMS OR REPRODUCED ON ANY DISC, TAPE PERFORATED MEDIA OR OTHER INFORMATION STORAGE DEVICE, ETC., WITHOUT THE WRITTEN PERMISSION OF THE KFS. THIS PRODUCT CAN BE EXPORTED ONLY BY THE MANUFACTURER/PUBLISHERS. BREACH OF THIS CONDITION IS LIABLE FOR LEGAL ACTION. ALL DISPUTES ARE SUBJECT TO NANDED MAHARASHTRA JURISDICTION ONLY.
#7 NO LIABILITY FOR CONSEQUENTIAL DAMAGES
7.1 KFS SHALL NOT BE LIABLE FOR ANY SPECIAL INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT.
#8 DATA SECURITY
8.1 KFS WON’T STORE ANY PERSONAL DATA FROM PRODUCT EXCEPT FOR PRODUCT INTERNAL WORKING PURPOSE ONLY.
8.2 IT IS YOU’RE RESPONSIBLY TO KEEP THE DATABASE FILE SAFE.
8.3 KFS MAY HAVE THE BACKUP COPY OF THE DATABASE FILE FOR REINSTALLATION PURPOSE ONLY.
8.4 KFS WON’T USE ANY INFORMATION THAT IS RECORDED IN PRODUCT IN ANY FORM EXCEPT PRODUCT INTERNAL WORKING PURPOSE.
8.5 IF SOMETHING HAPPEN TO YOUR SYSTEM (E.G. COMPUTER/LAPTOP) DUE TO ANY REASON THEN IT IS NOT THE RESPONSIBILITY OF KFS.
8.6 KFS MAY RECORD PRODUCT BACKUP INFORMATION TIME TO TIME FOR COMMUNICATING YOU FOR DATA SAFETY PURPOSE ONLY.
#9 SUPPORT
9.1 KFS OFFERS FREE TECHNICAL SUPPORT TO ASSIST YOU IN THE USAGE OF THIS SOFTWARE, FOR EXAMPLE, ON CALL TECHNICAL SUPPORT TEAM. THE TECHNICAL SUPPORT TEAM MAY, AT YOUR DISCRETION, TAKE REMOTE ACCESS OF YOUR COMPUTER. THE AVAILING OF THIS SUPPORT WILL BE SOLELY AT YOUR DISCRETION AND YOU ARE SOLELY RESPONSIBLE TO TAKE BACKUP OF THE EXISTING DATA/SOFTWARE/PROGRAMS IN YOUR DEVICE BEFORE AVAILING SUCH A SUPPORT AND YOU ARE LIABLE TO BEAR ALL THE DIRECT, INDIRECT, AND CONSEQUENTIAL COST ASSOCIATED TO IT. KFS WILL NOT BE HELD RESPONSIBLE FOR ANY LOSS OF DATA, ANY KIND OF DIRECT/INDIRECT/CONSEQUENTIAL LOSS OR DAMAGE TO DATA/PROPERTY ARISING DURING THIS ENTIRE PROCESS. IF AT ANY POINT OF TIME THE TECHNICAL SUPPORT TEAM IS OF THE OPINION THAT IT IS BEYOND THEIR SCOPE, IT WILL BE THE SOLE DISCRETION OF KFS TO SUSPEND, CEASE, TERMINATE, OR REFUSE SUCH SUPPORT AS KFS DOES NOT CLAIM ANY WARRANTY AND/OR GUARANTEE OF ANY KIND IN PROVIDING THE SUPPORT FEATURE.
9.2 AVAILABILITY OF KFS TECHNICAL SUPPORT IS SUBJECT TO AVAILABILITY OF SUPPORT ENGINEERS AND SUPPORT TIMING.
9.3 SUPPORT TIMING WILL BE IN WORKING HOURS ONLY. WORKING HOURS WILL BE DECIDED TIME TO TIME BY AMHALA PRIVATE LIMITED.
9.4 KFS CAN LOGIN IN THE PRODUCT WITH DEFAULT CREDENTIALS TO ASSIST YOU IN TRAINING/PROBLEM SOLVING/ANY OTHER REASON.
# 10 CONTENTS SUPPLIED BY YOU
10.1 YOU REPRESENT, WARRANT, AND AGREE THAT NO CONTENT ENTERED/SHARED BY YOU ON OR THROUGH ANY OF THE SERVICES (“YOUR CONTENT”), VIOLATES OR INFRINGES UPON THE RIGHTS OF ANY THIRD PARTY, INCLUDING COPYRIGHT, TRADEMARK, PRIVACY, PUBLICITY, OR OTHER PERSONAL OR PROPRIETARY RIGHTS, BREACHES OR CONFLICTS WITH ANY OBLIGATION, SUCH AS A CONFIDENTIALITY OBLIGATION, OR CONTAINS LIBELOUS, DEFAMATORY, OR OTHERWISE UNLAWFUL MATERIAL.
#11 PRIVACY POLICY
11.1 PLEASE REFER AMHALA WEBSITE FOR LATEST PRIVACY POLICY UPDATED TIME TO TIME.
#12 EULA CHANGES
12.1 KFS MAY UPDATE END-USER LICENSE AGREEMENT FROM TIME TO TIME. WHEN KFS DO THAT, KFS INCREASE THE EULA VERSION AND UPDATE ITS RELEASE DATE. VERSIONS OF PRODUCTS THAT YOU ARE USING BEFORE REMAIN LICENSED UNDER THE TERMS OF LATEST EULA THAT WAS IN EFFECT AT THE DATE WHEN YOU HAVE PURCHASED THE LICENSE.
KFS WILL TRY TO PROVIDE EMAIL NOTIFICATION BEFORE 30 DAYS FOR NEW RELEASE OF EULA, BUT IT IS YOUR DUTY TO CHECK THE AMHALA WEBSITE REGULARLY FOR THE SAME.
#13 MISCELLANEOUS
13.1 THIS EULA IS GOVERNED BY THE LAWS OF INDIA.
13.2 IF YOU HAVE ANY QUESTIONS CONCERNING THIS EULA OR IF YOU DESIRE TO CONTACT KFS
FOR ANY REASON, PLEASE CONTACT US OR WRITE TO:
AMHALA PRIVATE LIMITED.
H NO- 339 KINWAT
KINWAT
NANDED – 431804
MAHARASHTRA – INDIA
WWW.AMHALA.COM
E-MAIL: SUPPORT@AMHALA.COM

<< Back To Main Site