Digital Signer 18.10.0

EULA - End User License Agreement

End-User License Agreement (EULA)

For Standard / Professional - Edition
Important! Read the following terms carefully before installing, copying and/or using the product. Installing, copying or using the product indicates your acceptance of these terms, as well as the terms in the contract between Client and Pulkitsoft LLP.
This End-User License Agreement ("EULA") is a legal agreement between Client and Pulkitsoft LLP governing the use of the software (SOFTWARE) accompanying this EULA, including any and all associated media, printed materials, and "online" or electronic documentation protected by copyright laws. By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree with the terms of this EULA, do not use the SOFTWARE.
The software that is subject to this End Users Software License Agreement (EULA, Agreement) is the Pulkitsoft DIGITAL SIGNER software (the Software). This EULA is a legally binding agreement between the end user (the Licensee or you) and Pulkitsoft (the Licensor) pursuant to which the Licensor licenses the use of the Software to the Licensee. If you are agreeing to this EULA not as an individual but on behalf of your company, then Licensee or you means your company, and you are binding your company to this EULA.
Any installing, accessing, or using the Software by you (the Licensee) constitutes Licensees acceptance of, and promise to comply with, all of the terms and conditions of this EULA.
The Software must be activated with a license key in order to operate after a trial period of 30 days after installation. The procedure to acquire a license key is described in section Activation.
GRANT OF LICENSE
Pulkitsoft LLP grants you the right to use one copy of the enclosed software program (the SOFTWARE) on a single terminal connected to a single computer, or mobile computer (laptop, notebook, portable, handheld PC, etc.). You may not network the SOFTWARE or otherwise use it on more than one computer at the same time. License based on the combination of machine hardware if your machine hardware changed in any circumstances than your license may expire and you need to purchase fresh license to run the software. The license cannot transferable to any machine in any circumstances.

LICENSE PROTECTION
The software uses an internet connection to generate and verify licenses from time to time from our cloud license server. We have the right to suspend, block, and close software licenses if any kind of misuse, tampering, piracy, any other license-related suspected activity is detected and identified by our AI license server.

Internet Access
The Software may require an internet connection to access services, authenticate the Software, or perform other functions. In order for certain features of the Software to operate properly, you may be required to have and maintain an adequate internet connection.
1. Automatic updates. The Software communicates with the Licensor servers to determine whether there are any new notices to be displayed, for example about a new version being available. This feature may not be disabled. If you do not want to receive new notices, you must uninstall the Software.
2. Internet connection required used for Timestamping because Timestamping always provide my timestamp server which is hosting on the web.
3. The software using an internet connection to generate and verify licenses from time to time from our cloud license server. We have the right to suspend, block, and close software licenses if any kind of misuse, tampering, piracy, any other license-related suspected activity is detected and identified by our AI license server.

Activation:
You may use the Software for a limited trial period of 30 days at no charge for the purpose of evaluating. This is fully functional without any restrictions but trial stamping may be occurs. If the Software is right for you then you can buy the license at https://digitalsigner.pulkitsoft.com/license/ or after this period the Software may permanently stop working and you must have to uninstall it from your machine.
A valid license key can be required as given below versions.
● Standard license.
● Professional license.

Refund
We are not supporting any kind of refund. All your payment is non-refundable in any circumstances. Thats why we offer 30 days fully functional copy if you are satisfied then buy it. Read more about the Refund/Return/Exchange policy.
Privacy Policy
We respect your privacy rights and recognize the importance of protecting any information collected about you. Our privacy policy as amended from time to time is available at https://digitalsigner.pulkitsoft.com/privacy-policy/ (Privacy Policy) and applicable to this EULA. Our Privacy Policy defines how, why and to which extent we collect and uses personal and non-personal information in relation to our products and services. By installing, accessing or using the Software you explicitly agree with the terms and conditions of our Privacy Policy and to any terms and conditions included therein by reference.

Payments
International customers can pay via the PayPal payment method. Indian customers pay via Cashfree or Razorpay payment gateway.

Delivery
The licensor will deliver the applicable license key to the email address specified in the Licensee order within 7 calendar days. No need to worry. We always give extended license days, upon receipt of payment of the applicable fees. All deliveries under this EULA will be electronic. For the avoidance of doubt, you are responsible for the installation of the Software, and you acknowledge that the Licensor has no further delivery obligation with respect to the Software after delivery of the license keys.

Transfer
Licensee may not sell, assign, or transfer the Software or the License granted by this EULA without the prior written consent of the Licensor. Hence, our license based on per machine-based. License not applicable for other machines if you are licensed machine damage, upgraded, maintenance, format drive/machine, use virtualization environment like VMware, Virtual Box, Parallels Desktop, QEMU, Citrix Hypervisor, Xen Project, Microsoft Hyper-V, Cloud, or any other changes you made in the machine. License is non-transferable.

Prohibited Uses
It is expressly forbidden to:
1. Reverse engineer the source code of the Software or to decompile the Software, except to the extent permitted by mandatory law or applicable open source license;
2. Share your license key(s) or use someone elses license key(s);
3. Sublicense the Software or otherwise make available the Software to third parties, including by rental, Software-as-a-Service models or otherwise;
4. Modify the Software, except to the extent permitted by mandatory law;
5. Remove or obscure copyright or trademark notices, or the copyright and trademark notices of third parties that have been included in the Software;
6. Use the Software in any manner that is not authorized by this EULA, violates intellectual property rights, results in copyright infringements or is illegal;
Intellectual Property Ownership
The Software and any authorized copies that Licensee makes are the intellectual property of and are owned by, the Licensor, and by third parties whose intellectual property has been licensed by the Licensor. The structure, organization, and code of the Software are the valuable trade secrets and confidential information of the Licensor and such third parties. The Software is protected by law, including without limitation, the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly provided in this EULA, Licensee is not granted any intellectual property rights in the Software. Licensee may not make or publish any public statement concerning the Software or the Licensor without the prior express written consent of the Licensor.

Third-Party Components
The Software may use or include certain software, files, components and materials that are subject to open source and/or third-party license terms. These Third-Party Components are licensed to you under the terms of their applicable open source license conditions and/or copyright notices that can be found in their license file, the Software or its documentation. If there is a conflict between the licensing terms of such Third Party Components and this EULA, the licensing terms of the Third Party Components shall prevail in connection with the related Third Party Components. Such Third-Party Components are provided on an AS IS basis without any warranty of any kind and shall be subject to any and all limitations and conditions required by its third-party licensors. Under no circumstances shall the Software or any portion thereof (except for the Third Party Components) be deemed to be open source or publicly available software.

Internet Access
The Software may require an internet connection to access services, authenticate the Software, or perform other functions. In order for certain features of the Software to operate properly, you may be required to have and maintain an adequate internet connection.
4. Automatic News Updates. The Software communicates with the Licensor servers to determine whether there are any new notices to be displayed, for example about a new version being available. This feature may not be disabled. If you do not want to receive new notices, you must uninstall the Software.
5. Trial Period Activation and License Key Authorized Usage Data. The Software communicates with the Licensor servers to activate your trial period and verify the Software is used with a valid purchased license key and not used in an unauthorized way. Details about your computer (including your hostname) will be sent to the Licensor servers in this process. For details regarding what is sent and its use, please refer to our Privacy Policy. If you do not want the Software to send this information, you must uninstall the Software.

Software Updates
The Licensor from time to time releases updates that address bugs or improve the functioning of the Software but he is not obliged to.
Updates are free for any versions available for free, but he is not obliged to. The Software will alert you to any available updates. This requires an active internet connection. Installation of updates is performed only with your separate consent. No liability is accepted for any damage caused by bugs addressed in an update not installed by you.
Content ownership
Licensee represents and warrants that Licensee owns all rights, title and interest in and to all content and files processed with the Software. Licensor does not claim any ownership right to the Licensee content.
Content responsibility
● Licensor will not be liable for any error, failure or damage caused by files or content processed or resulting from the processing performed by the Software.
● Licensee is solely responsible for validating the correctness of the files or content processed or resulting from the processing performed by the Software.

Support
The Licensor shall provide the Licensee with a reasonable level of support through its e-mail or support form on the web https://digitalsigner.pulkitsoft.com/support/

Termination
This Agreement remains in force until terminated. If Licensee breaches this EULA and fails to cure any breach within 30 calendar days after request from the Licensor, or the Licensor authorized representative, the Licensor may terminate this EULA, whereupon all rights granted to Licensee shall immediately cease.
The Agreement may be terminated by the Licensee at any time by any prior notice. This Agreement terminates automatically and immediately in case you enter into bankruptcy, apply for a suspension of payments, your assets are seized, you pass away, or in case you enter into liquidation, legal dissolution or winding-up.
This Agreement terminates immediately if Licensee attempts to circumvent technical protection measures used in connection with the Software.
After termination of the agreement (regardless of reason), you must cease all use of the Software. In addition, you must remove all copies (including backup copies) of the Software from all computer systems under your control.

Warranty and Limitation of Liability
The Software is provided to Licensee AS IS. The Licensor, and the Licensor suppliers or affiliates, make no warranty as to its use or performance. The Licensor, AND the Licensor AFFILIATES, MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NON INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, EXCEPT FOR, AND TO THE EXTENT, THAT A WARRANTY MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW IN LICENSEES JURISDICTION.
IN NO EVENT WILL the Licensor, OR the Licensor AFFILIATES, BE LIABLE TO LICENSEE FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A REPRESENTATIVE OF the Licensor OR ONE OF the Licensor AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THESE LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN LICENSEES JURISDICTION. THE AGGREGATE LIABILITY OF The Licensor, AND the Licensor AFFILIATES, UNDER OR IN CONNECTION WITH THIS EULA, SHALL BE LIMITED (AT OUR OPTION) TO 100 EUR OR THE AMOUNT OF THE SUBSCRIPTION PAID DURING THEen CURRENT SUBSCRIPTION PERIOD FOR THE Software, IF ANY.
Indemnification
Licensee will indemnify and hold Licensor harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorneys fees on a solicitor-client or extrajudicial basis) arising from or relating to Licensees use of the Software. Licensee's obligations under this section shall survive the expiration or termination of this License Agreement.

Survival of Disclaimers
The exclusions of warranties, indemnification obligations and liability limitations shall survive the termination of this EULA, however, caused; but this survival shall not imply or create any continued right to use the Software after termination of this EULA.

Governing Law
This EULA is subject to and will be governed by and construed in accordance with the substantive laws in force of the country of India whose courts shall have exclusive jurisdiction over disputes arising hereunder.

Severability
If any provision of this EULA is determined by a court of competent jurisdiction to be contrary to law that provision will be enforced to the maximum extent permissible and the remaining provisions of this EULA will remain in full force and effect.

Proof of Compliance
Within 30 calendar days after request from the Licensor, or the Licensor authorized representative, Licensee will provide full documentation, and certify under penalty of perjury, that Licensees use of any and all Software is in conformity with this EULA.

Miscellaneous
1. The Licensor reserves all rights not expressly granted to Licensee by this EULA. The rights granted to Licensee are limited to the Licensor intellectual property rights, and to the intellectual property rights of third parties licensed by the Licensor, and do not include any intellectual property rights.
2. This EULA constitutes the entire agreement between the Licensee and the Licensor relating to the Software, and it supersedes all prior or contemporaneous representations, discussions, undertakings, communications, agreements, arrangements, advertisements, and understandings regulating to the Software.
3. No failure or delay by the Licensor in exercising its rights or remedies shall operate as a waiver unless made by specific written notice. No single or partial exercise of any right or remedy of the Licensor shall operate as a waiver or preclude any other, or further, the exercise of that, or any other right, or remedy.
4. Should you have any questions concerning this EULA, please contact the Licensor at support@pulkitsoft.com

RESTRICTIONS.
You may not rent or lease the SOFTWARE. You may not reverse engineer, decompile or disassemble the SOFTWARE. Your rights under this License will terminate automatically without notice from Pulkitsoft LLP if you fail to comply with any term(s) of the License.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall Pulkitsoft LLP or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use the SOFTWARE, even if Pulkitsoft LLP has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability, for consequential or incidental damages, the above limitation may not apply to you. The liability of the Vendor will be limited to a maximum of the original purchase price of the Software. The Vendor will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Client arising out of the use or failure to use the Software. The Vendor makes no warranty expressed or implied regarding the fitness of the Software for a particular purpose or that the Software will be suitable or appropriate for the specific requirements of the Client. The Vendor does not warrant that use of the Software will be uninterrupted or error-free. All digital certificates generated by the SOFTWARE are considered test certificates and must be used only for testing the software capabilities. The digital certificates generated by the SOFTWARE are not validated, verified or accredited any third party or by Pulkitsoft LLP. The digital certificates generated by the SOFTWARE cannot be used to digitally sign documents with legal value. The Client accepts that software, in general, is prone to bugs and flaws within an acceptable level as determined in the industry. Pulkitsoft LLP liability for all damages resulting from or relating to the Software, or the use thereof, shall not exceed the amount paid by Client.

TERMINATION
Without prejudice to any other rights, Pulkitsoft LLP may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such an event, you must destroy all copies of the SOFTWARE, all of its component parts and uninstall the SOFTWARE.

WARRANTIES
The SOFTWARE is supplied "as is", Pulkitsoft LLP does not guarantee that the SOFTWARE will carry no errors, nor will it take on any liability for damages more than written here. You bear the risk of using it. Pulkitsoft LLP gives no express warranties, guarantees or conditions. Pulkitsoft LLP does not warrant that the SOFTWARE will meet further requirements. Supplemental enhances and updates are subject to other contracts.
Judicial. We provide software 30 days trial. Buy software only if you are satisfied with it. We have no refund policy https://digitalsigner.pulkitsoft.com/return-policy/ No any or other legal, judicial, company law matters will be entertained.

NO OTHER WARRANTIES
Pulkitsoft LLP disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the SOFTWARE and the accompanying written materials. To the extent permitted under your local laws, Pulkitsoft LLP excludes the implied warranties of merchantability.