{"id":25427,"date":"2020-07-01T13:03:08","date_gmt":"2020-07-01T13:03:08","guid":{"rendered":"http:\/\/35.232.100.111\/?page_id=25427"},"modified":"2022-06-06T10:03:43","modified_gmt":"2022-06-06T10:03:43","slug":"eula","status":"publish","type":"page","link":"https:\/\/sectona.com\/eula\/","title":{"rendered":"End User License and Services Agreement"},"content":{"rendered":"\n
PLEASE READ END-USER LICENSE & SERVICES AGREEMENT (HEREINAFTER REFERRED TO AS THE \u201cAGREEMENT\u201d) CAREFULLY BEFORE USING OR TRYING TO ATTEMPT TO USE SPECTRA PRIVILEGED ACCESS MANAGEMENT SOFTWARE (HEREAFTER REFERRED TO AS THE \u201cSOFTWARE\u201d). This Sectona End User License & Services Agreement (\u201cAgreement\u201d) is a legal agreement between you, either as an individual, company or other legal entity (in any capacity referred to herein as \u201cEnd User\u201d, \u201cYou\u201d or \u201cYour\u201d) and Sectona Technologies Pvt. Ltd., an Indian corporation or any other Sectona affiliate (collectively \u201cSectona\u201d). If You are accepting this Agreement on behalf of Your company or organization, You confirm that You are authorized to accept these terms on behalf of such company or organization. This Agreement governs your use of: (a) Sectona software, including updates and upgrades (\u201cSoftware\u201d), whether purchased as a perpetual license, a subscription offering, for evaluation, or a combination of the foregoing; (b) user manuals or written instructions provided by Sectona to end users of the Software (\u201cDocumentation\u201d); (c) Support Services, as defined in Exhibit A; and (d) professional services (\u201cProfessional Services\u201d). Support Services and Professional Services are collectively referred to as \u201cServices.\u201d THE SOFTWARE, DOCUMENTATION AND SERVICES ARE PROVIDED BY SECTONA AND CERTAIN THIRD PARTIES, SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, ANY REFERENCED THIRD PARTY AGREEMENTS AND ANY RIGHTS, OBLIGATIONS, AND LIMITATIONS SET FORTH HEREIN. BY OPERATING, DOWNLOADING, INSTALLING, REGISTERING OR OTHERWISE USING THE SOFTWARE, DOCUMENTATION AND SERVICES, YOU ARE EXPRESSLY AND EXPLICITLY ACKNOWLEDGING AND AGREEING THAT YOU HEREBY AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT ALL THE TERMS AND CONDITIONS SET FORTH HEREIN, DO NOT OPERATE, DOWNLOAD, INSTALL, REGISTER, OPT-IN OR OTHERWISE USE THE SOFTWARE, DOCUMENTATION OR SERVICES. <\/p>\n\n\n\n
1. DEFINITIONS<\/strong><\/p>\n\n\n\n 2. LICENSE GRANT.<\/strong> <\/p>\n\n\n\n Subject to the terms and conditions of this Agreement and the PO , Sectona hereby grants Customer a nonexclusive, non-transferable, without right to sublicense, worldwide, license to use the Software in executable code form, and Documentation for use in the course of Customer\u2019s business operations and for all customer\u2019s own internal business purposes, including but not limited to processing Customer\u2019s own information and that of your customers and clients as part of your business (the \u201cLicense\u201d). The License includes specified rights with respect to certain open source software (\u201cOSS\u201d) and third party software (\u201cThird Party Code\u201d) to the extent Sectona is permitted to grant such rights.<\/p>\n\n\n\n 3. RESTRICTIONS.<\/strong> <\/p>\n\n\n\n Customer may not sublicense, assign or otherwise transfer this Agreement, the Software, Documentation, Services or any rights or obligations hereunder without prior written consent from Sectona. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations hereunder without such consent is void. The Software, Documentation and Services contain trade secrets, and in order to protect them, Customer may not decompile, reverse engineer or disassemble the Software, or otherwise reduce the Software to a human perceivable form. Customer may not translate, lease, loan, resell for profit, distribute, or create derivative software based on all or any part of the Software. Customer shall not sublicense or use the Software or Subscription Service for commercial time-sharing, rental, outsourcing, application or managed service provision, or service bureau use, or to train persons other than Users, unless previously agreed to in writing by Sectona. Customer may not create, develop, or use any software or services to circumvent or otherwise gain access in a manner that would violate any technical restrictions on the Software. Customer may not use the Software, Documentation or Services for the purpose of determining performance information or analysis, or for competitive information or analysis (including, without limitation, any benchmarks, opinions, competitive or relative information, or results determined during such use) or disclose or publish such performance information or analysis, or competitive information or analysis without the prior written consent of an authorized Sectona official. Customer will promptly notify Sectona of any unauthorized disclosure, reproduction, or distribution of the Software or Documentation, which comes to Your attention, or which Customer reasonably suspect.<\/p>\n\n\n\n 4. Payment<\/strong><\/p>\n\n\n\n 5. TITLE AND OWNERSHIP.<\/strong> <\/p>\n\n\n\n The original and any copies of the Software and Documentation, excluding OSS and Third Party Code, and accompanying documentation, in whole or in part, including translations, compilations, partial copies, modifications, enhancements, customizations, revisions, derivative works, updates, and the results of any Services, whether made pursuant to this Agreement or a separate statement of work (\u201cSOW\u201d), are the property of Sectona and, where applicable, third parties, including but not limited to Oracle India Private Limited, are protected by Indian and international copyright, patent, trade secret and other laws and treaty provisions. The License is not a sale and does not transfer to Customer any title or ownership interest in or to the Software, Documentation, Services or any patent, copyright, trade secret, trade name, trademark or other proprietary or intellectual property rights related to the Software, Documentation, Infrastructure or Services. All rights, title and interest in and to the Software, Documentation and Services, excluding OSS and Third Party Code, remains with Sectona. The OSS and Third Party Code is subject to third party licenses and to the Warranty Disclaimer and Limitation of Liability set forth below. Customer may not remove, alter, or obscure any proprietary notices contained on or within the Software or Documentation and shall reproduce such notices on any back-up copy of the Software and Documentation. <\/p>\n\n\n\n 6. DELIVERY AND ACCEPTANCE.<\/strong> <\/p>\n\n\n\n ALL SOFTWARE PROVIDED HEREUNDER WILL BE DELIVERED ELECTRONICALLY. Sectona provides evaluation licenses of its products for testing and pre-acceptance before purchase. Thus, all Software will be deemed to be delivered and accepted, meaning the Software operates in substantial conformity to the Documentation, upon transmission of a notice of availability for download and customer\u2019s subsequent downloading, installing, operating, registering or otherwise using the Software. <\/p>\n\n\n\n 7. PATENT AND COPYRIGHT INFRINGMENT.<\/strong><\/p>\n\n\n\n 8. REPRESENTATIONS AND WARRANTIES.<\/strong><\/p>\n\n\n\n 9. CONFIDENTIALITY & NON DISCLOSURE<\/strong><\/p>\n\n\n\n 10. PROFESSIONAL SERVICES<\/strong><\/p>\n\n\n\n Any Professional Services, training or other requirements not expressly included in a PO or separate SOW signed by the parties are outside the scope of this Agreement and will only be provided for additional fees. Fees for such items are payable as specified in the applicable Order and unless otherwise specified will be due upon receipt of invoice. Changes in any SOW will be effective only if a change order request is signed by both parties. <\/p>\n\n\n\n 11. SUPPORT SERVICES.<\/strong> <\/p>\n\n\n\n Provided Customer has purchased Support Services for the Software, Customer will be entitled to receive the services outlined in the Software Maintenance Agreement, attached as Exhibit A to this Agreement. <\/p>\n\n\n\n 12. CONSENT TO COLLECTION AND USE OF DATA.<\/strong> <\/p>\n\n\n\n Sectona may collect personal information including Internet Protocol (IP) addresses or other unique identifier information associated with the Software and\/or Services, including data Customer provide upon registering for a Sectona account. Sectona will also collect information regarding the number of active licenses used by Customer. This data will be used for providing Support Services and to ensure Customer has the appropriate number of licenses. <\/p>\n\n\n\n 13. TERM AND TERMINATION<\/strong><\/p>\n\n\n\n 14. CONSEQUENCE OF TERMINATION.<\/strong> <\/p>\n\n\n\n In the event the Agreement is terminated, the following shall be the consequences:<\/p>\n\n\n\n 15. SURVIVAL.<\/strong> <\/p>\n\n\n\n Those provisions regarding title and ownership, confidentiality, feedback, warranty statement and disclaimer, governing law and jurisdiction and limitation of liability in this Agreement shall survive any termination. <\/p>\n\n\n\n 16. WARRANTY<\/strong><\/p>\n\n\n\n 17. LIMITATION OF LIABILITY.<\/strong> <\/p>\n\n\n\n IN NO EVENT WILL EITHER PARTY OR ITS SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OR COST OF OBTAINING SUBSTITUTE GOODS, ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR INFRINGEMENT INDEMNIFICATION & CONFIDENTIALITY BREACH, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SECTONA, ITS SUPPLIERS, RESELLERS AND DISTRIBUTORS, ARISING OUT OF OR RELATED TO THIS AGREEMENT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEPT AS RELATED TO THE INDEMINIFICATION PROVISIONS OF THIS AGREEMENT, EXCEED THE AMOUNT OF MONEY PAID BY YOU FOR THE SOFTWARE. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. <\/p>\n\n\n\n 18. INDEMNIFICATION.<\/strong> <\/p>\n\n\n\n Sectona, shall indemnify, defend, and, at its option, settle any claim, suit or proceeding brought against Customer:<\/p>\n\n\n\n 19. COMPLIANCE WITH LAWS.<\/strong> <\/p>\n\n\n\n Each party will be responsible for compliance with all applicable laws and government regulations in the process of marketing, delivering and\/or using the Software, Documentation and Services. <\/p>\n\n\n\n 20. PRESS RELEASES.<\/strong> <\/p>\n\n\n\n Except as prohibited by law or with respect to government organizations, Sectona may use Your or Your company\u2019s name and logo in Sectona\u2019s marketing program including use on Sectona\u2019s company website, marketing literature, and in press releases. <\/p>\n\n\n\n 21. ASSIGNMENT.<\/strong> <\/p>\n\n\n\n This Agreement may not be assigned by either of the parties by operation of law or otherwise, without the prior written consent of the other party, which consent will not be unreasonably withheld. Such consent is not required in connection with the assignment of the Agreement pursuant to a merger, acquisition or sale of all or substantially all of the assigning party\u2019s assets. However, to the extent not prohibited by applicable law, Sectona hereby designates Oracle India Private Limited as a third party beneficiary of this Agreement. <\/p>\n\n\n\n 22. ENTIRE AGREEMENT.<\/strong> <\/p>\n\n\n\n This Agreement constitutes the final, complete, and exclusive understanding and agreement between Sectona and You relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, and communications, and\/or advertising with respect to such subject matter. This Agreement cannot be amended, modified, or waived, unless done so in writing and signed by an authorized Sectona representative. <\/p>\n\n\n\n 23. SEVERABILITY.<\/strong> <\/p>\n\n\n\n If any term or provision of this Agreement is determined to be illegal or unenforceable, the validity or enforceability of the remainder of the terms or provisions herein will remain valid and in full force and effect. Failure or delay in enforcing any right or provision of this Agreement shall not be deemed a waiver of such right or provision with respect to any subsequent breach. Provisions herein, which by their nature extend beyond termination of the Software license, will remain in effect until fulfilled. <\/p>\n\n\n\n 24. GOVERNING LAW & JURISDICTION.<\/strong> <\/p>\n\n\n\n This agreement and any matter relating thereto shall be governed by the law\/s for the time being in force in India. Any dispute or difference which may arise out of, or in connection with, this Agreement, shall be settled or resolved by direct negotiations between Customer and Sectona. If, after 45 days, such dispute or difference has not been resolved or settled to mutual satisfaction, either party shall be free to seek appropriate legal remedies, including, but not limited to, initiating appropriate legal proceedings. The parties agree to be subject to the exclusive jurisdiction of the courts at Mumbai, India. <\/p>\n\n\n\n 25. REFERENCE AND ORDER OF PRECEDENCE.<\/strong> <\/p>\n\n\n\n If there is an inconsistency between the terms of this Agreement, the terms of the Software Maintenance & Support Agreement, Documentation, PO,, Invoice, the Privacy policy and the terms of the use of the website, to the extent of inconsistency, such conflict or inconsistency will be resolved by giving precedence to the provision to the terms of this Agreement and the same shall prevail over all other Software Maintenance & Support Agreement, Documentation, PO, Invoice, the Privacy policy and the terms of the use of the website, or any other agreements\/ documents.<\/p>\n","protected":false},"excerpt":{"rendered":" Sectona End User License & Services Agreement PLEASE READ END-USER LICENSE & SERVICES AGREEMENT (HEREINAFTER REFERRED TO AS THE \u201cAGREEMENT\u201d) CAREFULLY BEFORE USING OR TRYING TO ATTEMPT TO USE SPECTRA PRIVILEGED ACCESS MANAGEMENT SOFTWARE (HEREAFTER REFERRED TO AS THE \u201cSOFTWARE\u201d). This Sectona End User License & Services Agreement (\u201cAgreement\u201d) is a legal agreement between you,…<\/p>\n","protected":false},"author":35,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_kad_post_transparent":"disable","_kad_post_title":"hide","_kad_post_layout":"normal","_kad_post_sidebar_id":"","_kad_post_content_style":"boxed","_kad_post_vertical_padding":"","_kad_post_feature":"","_kad_post_feature_position":"","_kad_post_header":false,"_kad_post_footer":false,"_vp_format_video_url":"","_vp_image_focal_point":[]},"_links":{"self":[{"href":"https:\/\/sectona.com\/wp-json\/wp\/v2\/pages\/25427"}],"collection":[{"href":"https:\/\/sectona.com\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/sectona.com\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/sectona.com\/wp-json\/wp\/v2\/users\/35"}],"replies":[{"embeddable":true,"href":"https:\/\/sectona.com\/wp-json\/wp\/v2\/comments?post=25427"}],"version-history":[{"count":0,"href":"https:\/\/sectona.com\/wp-json\/wp\/v2\/pages\/25427\/revisions"}],"wp:attachment":[{"href":"https:\/\/sectona.com\/wp-json\/wp\/v2\/media?parent=25427"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}