This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1. RS Productions, Nagpur is the provider of the service made accessible through a Desktop Application ("the Service") available on the URL http://www.marketingtools.co.in ("Reseller").
2. Access and use of the Desktop Application shall constitute an acceptance of all these Terms and Conditions (the "End User Licence Agreement").
3. The Reseller reserves the right to modify the terms and conditions including the license fee, at any time without notice. Such modifications shall become effective forthwith on the issue of either specifically to the subscriber or generally a notice to that effect by the Reseller on the website.
4. Payment of the full licence fee shall entitle the party subscribing to the Service (the "Licensee") to a non-transferable, non-exclusive limited licence (the "Licence") to use the materials and information database available (the "Database"). The licence fee paid is non-refundable. All taxes, fees and duties existing and/or subsequently imposed are to be borne by the Licensee.
5. License fee paid by the Licensee shall be for the fixed term/ plan and any modification in the subscription charges shall be applicable on the commencement of next renewed plan term. However, the introduction of any additional feature/ database by third party content providers through the Reseller will be made available to the existing subscriber only after making up the deficit payment.
6. The Service may only be accessed and used by the Licensee and by persons permitted to do so by the Licensee in accordance with these Terms and Conditions (the "Authorised Users").
7. The Licence is for the limited purposes of (a) carrying out academic or educational research or study; (b) providing academic or educational instructions to students; or (c) carrying out legal research and study in connection with a lawful profession or vocation only (d) You may browse upto 200 documents in a day (e) daily copy and/or download limit shall not exceed 10 documents including print of citations.
8. The Authorized Users shall not (and not permit any third party to) (a) use the Service for commercial exploitation. (b) decompile, reverse engineer, disassemble, rent, lease, loan, sell, sub-license, or create derivative works from the Website or its contents. (c) use any network monitoring or discovery software to determine the Site architecture,or extract information about usage or users. (d) use any robot, spider, other automatic device, or manual process to monitor or copy the contents of the Website. (e) alter, add, amend, copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Web Site,except to the extent permitted by these Terms and Conditions. (f) combine the whole or any part of the Database with any other software, data or material. (g) remove, obliterate, conceal or obscure any copyright notice or other proprietary notices contained in the Database or use the Database in any way that infringes the copyrights or other proprietary interests in the same. (h) use data copied from the database of Law Finder on any other website showing to be its own. (i) Copy the database or part of it including proprietary information for use in any other commercially sold or freely distributed book or database . (j) Copy of proprietary information that includes the collection of cases in the database, collection of citations of law journals, and data of overruled and Relied cases is prohibited under any circumstances unless it is the part document printed or downloaded as per terms of this licence agreement.
Any right not expressly granted herein is reserved.
9. Authorized Users may use data cached in their local disk drive solely in support of its use of the Service. The storage of the extracts in any other retrieval system or transmission in any form by any means is prohibited.
10. The Reseller may, in their sole discretion, and without notice, in the following cases cancel the Licence: (a) violation of the terms of the Licence, or (b) any misuse or overuse of the Database by the Licensee, his/its employees, partners, associates, servants and agents. On termination of the Licence, no part of the License fee would be refundable, and the Licensee shall immediately cease to have any rights or licence in respect of the Database or any part of it.
11. The Licensee acknowledges and agrees that the Database is to be used only as a reference aid and is not intended to be a substitute for the exercise of professional judgment by the Authorised User(s). The Licensee further agrees that it shall not base any commercial decisions on the contents of the database without independent verification of the same.
12. The Reseller or its agents shall not be liable in any manner for any mistake or omission in the Database or for any action taken or omitted to be taken or advice rende#652ea2 or accepted on the basis of the Database or for any consequential loss or inconvenience arising therefrom.
13. Neither the Reseller nor its agents shall be liable for failure to perform its/their obligations if the failures result from an act of God, an act of Government, other authorities or statutory undertakings, fire, explosion, accident, power failure, equipment or systems failure, industrial dispute or anything beyond the Reseller control.
14. The Reseller makes reasonable efforts to ensure that the information provided on the Web Site is accurate but does not guarantee or warrants its accuracy, adequacy, correctness, validity, completeness or suitability for any purpose. The Reseller shall not be liable for any indirect, incidental or consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffe#652ea2 by the Licensee arising under or in connection with these terms or conditions (including without limitation in respect of the Licensee use or misuse of, or inability to use the Database or any part of it) or for any wasted management time, costs or expenses arising from such damage or loss.
15. The Licensee shall fully indemnify and hold the Reseller and its affiliates harmless for all costs, damages, losses and expenses (including all reasonably incur#652ea2 legal expenses) whether arising in contract, tort, under statute (including in each case negligence) or otherwise incur#652ea2 by the Reseller and its affiliates which arise in connection with any misuse or overuse by the Licensee, any Authorised User or any other third party of the Database or any part of the database, or otherwise in connection with any breach by the Licensee of these terms and conditions.
16. The Reseller shall not be liable or responsible, whether under law or equity, for any delays,defaults or interruptions in providing the Service.
17. This Licence is not a sale of the original or of any copy of the contents of the Database and nothing in the Licence is to be construed as granting or otherwise transferring to the Licensee any copyrights or ownership interest whatsoever in the Database.
18. The Licensee acknowledges and agrees that the Reseller has the sole and exclusive rights to grant this Licence, and that the copyright in the Database vests solely in the Reseller, and the Reseller retains title to and ownership of the original and all copies of its journals /periodicals / books, regardless of the form or media in or on which the original or other copies may exist. The Reseller also holds ownership and copyright in the software used to run the Service.
19. Except as may be expressly permitted under these terms and conditions, the Licensee shall not assign, transfer, charge, sub-license, delegate, sell or dispose of in whole or in part the Licence and the rights and obligations of the Licensee thereunder on a temporary or permanent basis without the prior written consent of the Reseller , or otherwise do anything which goes beyond the scope of the rights granted to the Licensee under these terms and conditions.
20. In case of suspected misuse (a) CPPL may revoke the licence of the suspected user without assigning any reason and refunds (b) CPPL may refuse to renew the updation to suspected user (c) refuse to provide any routine help or service
21. This End User Agreement and its Terms and Conditions shall be governed by and construed in accordance with Indian law.
22. If any provision of End User Agreement is unlawful, void or unenforceable, that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions.
23. Any violation of licence agreement will entail immediate cancellation of licence. No refund of the amount paid will be entertained in such a situation. All disputes relating to this End User Agreement and its Terms and Conditions or claims arising therefrom will be subject exclusively to the jurisdiction of courts/forums/tribunals at Nagpur, Maharashtra, India only.
24. Any forbearance or delay by the Reseller in enforcing any provisions of these terms and conditions or any of its rights under them shall not be construed as a waiver of such provisions or its rights thereafter to enforce the same.
RS Productions
Regd. Office
201, 3rd Floor, Siddhesh Saikrupa Complex ll,
Manish Nagar- Besa Road, Nagpur
Maharashtra, India.
Marketingtools.co.in is the trademark of RS Productions, Nagpur