ZORRRO
END-USER LICENSE AGREEMENT
1. Introduction:
This end-user license agreement ("EULA") is a legal agreement between you the User (referred to at times as simply the “User”) and ZORRRO DELIVERIES PRIVATE LIMITED hereinafter referred to as the “Licensor”) for the Website or Application NAMED _______________________ hereinafter referred to as the “Website”).By interacting with the Website , you agree to be bound by the terms of this EULA.
Any capitalized term used but not defined in this EULA shall have the meaning attributed to it in our Terms of Use in relation to the Software Product. Additionally, ‘you’ and ‘your’ shall in addition to having the same definition in the Terms of Use.
2. OWNERSHIP
It is hereby understood and agreed that ZORRRO DELIVERIES PRIVATE LIMITED is the owner of all right title and interest to the Website or Application (Web App/Android/IOS). You, as licensee (hereinafter referred to as the “Licensee”) by virtue of your interaction do not acquire any ownership rights of the Website and/or Application.
4. Website or Application (App)
The Website or Application, as used in this EULA, means, collectively and/or as applicable:
5. GRANT OF LICENSE AND RESTRICTIONS
6. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
7. TERM
8. INTELLECTUAL PROPERTY RIGHTS
10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE OR APPLICATION (Web App/Android/IOS) IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE OR APPLICATION (Web App/Android/IOS) IS PROVIDED "AS IS," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE OUR AFFILIATES, HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ZORRRO DELIVERIES PRIVATE LIMITED DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE OR APPLICATION (Web App/Android/IOS), THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR APPLICATION (Web App/Android/IOS) WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEB APP WILL BE CORRECTED.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ZORRRO DELIVERIES PRIVATE LIMITED’S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE WEB APP OR ANDROID/IOS APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION (INCLUDING SERVICING, REPAIR OR CORRECTION OF MOBILE DEVICE, IF NECESSARY). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
11. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE AND OUR AFFILIATES OR LICENSEES, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, DAMAGES FOR LOSS OF OR REDUCTION IN VALUE OF ASSOCIATED HARDWARE SUCH AS THE MOBILE DEVICE, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE/APPLICATION OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. CONTROLLING LAW AND SEVERABILITY
This EULA will be governed by and construed in accordance with the laws passed by the State of West Bengal and the Central Government of India, as applied to agreements entered into and to be performed entirely within the dominion of India. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this EULA shall continue in full force and effect.
You agree that the courts of Kolkata in the State of West Bengal shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the subject matter or formation (including non-contractual disputes or claims) of these Terms.