Terms of Service
IMPORTANT - READ CAREFULLY: The Exam simuators (PRODUCT) provided by Enthuware Technologies Private Limited (Enthuware)
are owned by Enthuware, and are provided to you ("You") under the terms and conditions of these Enthuware Terms of Service
("Terms"), which include Enthuware's Privacy Policy. BY COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS AND CLICKING THE "SUBMIT"
BUTTON, YOU REPRESENT AND WARRANT THAT YOU: (i) ARE AUTHORIZED TO SIGN FOR AND BIND THE CONTRACTING PARTY AND (ii) AGREE TO BE
BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN
SECTIONS 8 AND 9 BELOW.
1. DESCRIPTION OF PRODUCT. Enthuware's Exam simulators allows You to prepare for various certification exams.
2. ACTIVATION. To use the PRODUCT on your Personal Computer, You must send the Installation Code displayed by the software when
you run it on your PC to us and receive a license from us. The Installtion Code does not uniquely identify You or Your machine.
The software does not log or send reports of any activities that you might perform on your machine. You will, in no manner, try to
circumvent the product activation.
3. USER CONDUCT AND PROPRIETARY RIGHTS
(a) No Resale or Commercial Use of the PRODUCT. Your right to use the PRODUCT is personal to You. You may be either an individual
or a corporation or business entity, but You agree not to resell the use of the PRODUCT, any downloadable program or other
materials or any information derived by You from this PRODUCT without the express written consent of Enthuware.
(b) No Derivatives. You do not have any right to extract or copy information from this Product and store it in any format or give
it to anybody.
4. PRIVACY. Enthuware will not sell or rent Your personally identifiable information to anyone unless You expressly consent to
disclosures of Your personal identification and other personal information to third parties. We may send personally identifiable
information about You to third parties when: a) We have Your consent to share the information or b) We find that Your actions on
our Web site violate this Terms of Service or c) We respond to subpoenas, court orders or legal processes which require us to
disclose Registration Data or any information about You to law enforcement or other government officials as Enthuware, in its sole
discretion, believes necessary or appropriate.
5. MODIFICATIONS. Enthuware may amend these Terms at any time by (i) posting a revised Terms of Service document on
https://www.enthuware.com and/or (ii) sending information regarding the Terms amendment to the email address You provide to
Enthuware. You are responsible for regularly reviewing the https://www.enthuware.com site to obtain timely notice of such
amendments. You manifest intent to accept these amended terms if You continue to use our PRODUCT after such amended terms have
been posted or information regarding such amendment has been sent to You. Otherwise, these Terms may not be amended except in
writing signed by both parties. Further, Enthuware reserves the right to modify or discontinue the Product with or without notice
to You. Enthuware shall not be liable to You or any third party should Enthuware exercise its right to modify or discontinue the
Product.
6. TERMINATION. Enthuware may immediately terminate Your right to use the PRODUCT if (a) You breach these Terms; (b) Enthuware is
unable to verify or authenticate any information You provide to Enthuware;(c) such information is inaccurate; or (d) Enthuware
decides, in its sole discretion, to discontinue offering the PRODUCT. Enthuware shall not be liable to You or any third party for
termination of the PRODUCT. Upon expiration or termination for any reason, You are no longer authorized to use the PRODUCT.
7. Maintenance and Updates. You understand that Enthuware may update the PRODUCT at any time, but is under no obligation to inform
You of or furnish to You any such updates. This Agreement does not grant You any right, license or interest in or to any support,
maintenance, improvements, modifications, enhancements or updates to the PRODUCT. To the extent that Enthuware supplies any
updates to You, such updates will be deemed to be subject to the terms of this Agreement unless Enthuware indicates otherwise.
Enthuware reserves the right to charge fees for any future versions of, or updates to, this Software.
8. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE PRODUCT IS AT YOUR SOLE RISK. THE PRODUCT IS PROVIDED ON AN "AS
IS" BASIS. ENTHUWARE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ENTHUWARE MAKES NO WARRANTY THAT
THE PRODUCT WILL MEET YOUR REQUIREMENTS OR THAT THE PRODUCT WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE, NOR DOES ENTHUWARE MAKE
ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCT OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED
THROUGH THE PRODUCT OR THAT DEFECTS IN THE PRODUCT WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA
DOWNLOADED OR OTHERWISE OBTAINED (INCLUDING PLUG-INS) THROUGH THE USE OF THE PRODUCT IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR
DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ENTHUWARE OR THROUGH THE PRODUCT SHALL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY. IN NO EVENT SHALL ENTHUWARE OR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE PRODUCT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
EVEN IF Enthuware HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ENTHUWARE'S LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED
TO INR 5.0. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO
SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. INDEMNITY. You hereby agree, at Your expense, to indemnify, defend and hold ENTHUWARE harmless from and against any loss,
cost, damages, liability or expense arising out of or relating to (a) a third-party claim, action or allegation of infringement
based on information, data, files or other content submitted by You; (b) any fraud or manipulation, or other breach of these Terms
by You; or (c) any third-party claim, action or allegation brought against ENTHUWARE arising out of or relating to a dispute
between its users over the terms and conditions of a contract or related to the purchase and sale of any PRODUCTs.
11. GENERAL TERMS. These Terms are governed in all respects by the laws of the State of Madhya Pradesh (MP) as such laws are
applied. Both parties submit to personal jurisdiction in MP and further agree that any cause of action relating to these Terms
shall be brought in a court in Dewas, MP. If any provision of this Agreement is held to be invalid or unenforceable, such
provision shall be struck and the remaining provisions shall be enforced. ENTHUWARE's failure to act with respect to a breach by
You does not waive Enthuware's right to act with respect to subsequent or similar breaches. You may not assign or transfer this
Agreement or any rights hereunder, and any attempt to the contrary is void. This Agreement shall inure to the benefit of and be
binding upon each party's successors and assigns. ENTHUWARE shall not be liable for any delay or failure to perform resulting
directly or indirectly from any causes beyond ENTHUWARE's reasonable control. Unless otherwise provided in this Agreement, any
notice required or permitted to be given under this Agreement shall be delivered (i) by hand; (ii) by registered or certified
mail, postage prepaid and return receipt requested to the address provided by the other party, or to such other address as a party
may designate by written notice in accordance with this Section 12; (iii) by overnight courier or (iv) by electronic mail with
confirming letter mailed under the conditions described in (ii). Notice so given shall be deemed effective when received, or if
not received by reason of fault of addressee, when delivered. These Terms constitute the complete and exclusive understanding and
agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements,
negotiations and discussions between the parties, whether written or oral.
You understand and agree that You are solely responsible for periodically reviewing the Terms of Service.