END USER LICENSE AGREEMENT
This End User License Agreement (‘’License Agreement’’ or ‘’Agreement’’) is entered between SkureLabs Private Limited (herein after referred as ‘’SkureLabs’’ or ‘’We’’ or ‘’Us’’ or ‘’the Licensor’’) and you (herein after referred as ‘’You’’ or ‘’End User’’ or ‘’Customer’’ or ‘’the Licensee’’) in relation to SkureMail Application (‘’Application’’) is licensed to You by SkureLabss, which is located at Pune, India, for use only as per the terms of this License Agreement.
By downloading the Licensed Application and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. Except as expressly stated in this License Agreement, the license fee paid hereunder by You is not refundable under any circumstances whatsoever. SkureLabs retains the right to deny access to the Application to anyone who has violated any of the terms of this License Agreement.
SkureMail which is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You.
1. THE APPLICATION
SkureMail is a piece of software created to _______________ . It is used to ________. The Licensed Application is not tailored to comply with industry-specific regulations.
Furthermore, it is used to __________________________[Other Uses].
2. SCOPE OF LICENSE & RIGHT TO USE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that You own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You via volume purchasing. Subject to Your compliance with the terms and conditions of this Agreement, and payment of the applicable license fees, We grant You a non-exclusive, non-transferable right to use the License Application referred in the Purchase Order/Grant Letter solely for Your own internal business operations. The right to use the Application is allowed only for individuals You authorize to access the Application, including Your employees or third parties that access the Application solely on Your behalf for Your internal operations. Your entitlement to use the License Application is subject to the quantity limits and usage metrics described in the applicable Purchase Order/Grant Letter. Your use of the Software includes the right to download, install, and access the Software. You are not granted rights to updates and Upgrades unless You have purchased Support.
Upgrades” means any correction, improvement, modification or yearly enhancements in the form of the new version of the Application, which SkureLabs generally releases.
2.2 This license will also govern any updates, during the validity of subscription period, of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.
2.3 The License rights granted under this Agreement are limited for the first fifteen (15) days, in case of trial or testing purpose, after you first install the product unless you provide Us with registration information required to activate your licensed copy as described in the license.
2.4 You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the usage rules, and with SkureLabs’s prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.
2.5 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with SkureLab‘s prior written consent).
2.6 You shall not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof. This Application and the enclosed documents are the property of SkureLabs and are copyrighted. Copying of the software or the enclosed documents is expressly forbidden. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.
2.7 You are solely responsible and shall comply with all applicable laws, regulations of India and any applicable foreign/trans-national laws including without limitation, privacy, data protection, obscenity, confidentiality, copyright laws for using any report, data, information derived as a result of using this software.
2.8 While using this Application, SkureLabs suggests some actions to be initiated by you in your sole benefit, for example “SkureLabs Application may suggest you to uninstall infected applications”, however such actions are suggestive and SkureLabs takes no responsibility/liability if you perform such suggestive actions or not and SkureLabs assumes no responsibility/liability for any result or liability arising out of such actions/inactions.
2.9 To avail/use certain features of the Application such as updates and upgrades, you may be required to incur certain costs and that SkureLabs does not warrant that the usage of certain features of the Application are free of cost and that SkureLabs shall not entertain and expressly disclaims, any claim for reimbursement of any expenses including but not limited to any direct or incidental expenses arising out of your usage of such features of this Applicaton.
2.10 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages. Licensor reserves the right to modify the terms and conditions of License Agreement.
2.11 Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.
2.12 Your right to use or obtain Support for the Software, and any Software features is subject to Our End-of-Life Policy. Upon the End-of-Life date of the Application or any feature of the Application (as We may determine in accordance with the End-of-Life Policy), Your right to use or obtain Support for the Application or Application feature shall terminate.
3. TECHNICAL REQUIREMENTS
This document outlines the generic technical requirements for deploying SkureMail across On-Premise, Cloud, and Hybrid models. The document is intended for legal and operational use and is subject to updates based on regulatory and business needs as may be applicable to each End User.
Deployment Models Overview
A. On-Premise Model
Definition: Deployment of SkureMail entirely within the End User’s internal infrastructure. All hardware, software, and networking components are managed by the End User.
Cost Responsibility:
End User bears all costs related to hardware, software, networking, maintenance, backup infrastructure, and IT personnel.
B. Cloud Model
Definition: Deployment of SkureMail entirely on public or private cloud infrastructure managed by SkureLabs or an authorized cloud service provider.
Cost Responsibility:
- End User bears costs for cloud resources (compute, storage, bandwidth) as per the selected cloud provider’s pricing.
- Subscription/license fees for SkureMail application.
- Any additional managed service fees (if applicable).
C. Hybrid Model
Definition: A combination of On-Premise and Cloud models. Sensitive or critical workloads reside on-premise, while non-sensitive workloads leverage the cloud for scalability.
- End User bears costs for on-premise infrastructure and associated cloud service usage.
- End User bears subscription/license fees for SkureMail.
- Any networking costs (e.g., VPN, dedicated lines) between on-premise and cloud are also End User’s responsibility.
For complete details about the other technical requirements visit www.skuremail......in
4. GENERAL RESTRICTIONS FOR END USER
You shall not:
a. Reverse-engineer or disassemble or decompile the Application, or create or recreate the source code for the Application;
b. Tamper with any copyright or remove, erase, obscure or any other product identification or proprietary rights notices, seal or instructional label printed or stamped on, affixed to, or encoded or recorded in or on any Software, Cloud Offerings or Documentation; or fail to preserve all copyright and other proprietary notices in all copies You make of the Software, Cloud Offerings and Documentation;
c. Use the Application for timesharing lease or lend or service bureau purposes; sell, market, license, sublicense, distribute or otherwise grant to any person or entity any right to use the Application except to the extent expressly permitted in this Agreement; or use the Application to provide, alone or in combination with any other product or service, any product or service to any person or entity, whether on a fee basis or otherwise;
d. Modify, adapt, tamper with, translate emulate, clone, exploit or create derivative works of the Application; combine or merge any part of the Application or Documentation with or into any other software or documentation; or refer to or otherwise use the Application as part of any effort to develop software having any functional attributes, visual expressions or other features similar to those of the Application to compete, directly or indirectly with SkureLabs;
e. Transfer or sublicense Application to an Affiliate or any third party, except with express written permission of SkureLabs;
f. Except with SkureLabs's prior written permission, publish any performance or benchmark tests or analysis relating to the Application;
g. Not reduce any part of the Application to human readable form;
h. Not make any false or inaccurate representations to any person concerning the Application;
i. Violate or circumvent any technological restrictions within the Application.
Any such unauthorized use of the Application shall result in immediate termination of this Agreement and the License or Subscription granted hereunder and may result in criminal and civil prosecution against You;
5. USE OF CUSTOMER DATA & SECURITY
‘’Customer Data’’ shall mean such information and data that You provide to SkureLabs or the Application may or may not collect from Your system(s), necessary for the limited purpose in connection with Your use of the Application, including Your contact information and the contact information of any co-ordinator administering the use of Software or Your Authorized User(s).
You acknowledge that Licensor will be able to access and adjust Your downloaded Application content and Your personal information, and that Licensor’s use of such material and information is subject to Your legal agreements with Licensor and Licensor’s privacy policy: [Privacy Policy URL]. You agree that We may access, store, process, and use any information and personal data that You provide following the terms of the Privacy Policy.
You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Application. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you. Please be advised that SkureLabs may disclose your personal information if legally required to do so by government agencies or law enforcement bodies.
SkureLabs have taken security measures, consistent with standard information practices, to protect Your personal information, which offers adequate level of personal data protection according to applicable laws (including DPDP Act, and aims to protect network and information security). These measures include technical and procedural steps to protect Your data from misuse, unauthorized access or disclosure, loss, alteration or destruction
6. LIMITATION OF LIABILITY
6.1 SkureLab’s entire aggregate liability to you for any claim or liability under this License Agreement shall not exceed the total payments paid by You (at the time of purchase) to approved source under this Agreement or the applicable entitlement confirmation. In no event shall SkureLabs be liable for any indirect, incidental, exemplary, punitive, special or consequential damages whatsoever (including without limitation, loss of business, loss of revenue, goodwill or profits or confidential information or other information, business interruption, loss of privacy, corruption, damage and loss of data or programs, duty of good faith or duty of reasonable care, economic loss, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Application, the provision of or failure to provide support, information, software and related content through the software, cloud offerings or otherwise arising out of the use of Application or otherwise under or in connection with this Agreement, even if the damages were foreseeable or SkureLabs had been advised of the possibility of those damages. This limitation of liability applies whether such claim or liability arise under contract, tort (including gross negligence), equity, statute or otherwise. Nothing in this Agreement limits or excludes any liability that cannot be limited or excluded under applicable law.
6.2 Further limitations: SkureLabs’s liability with respect to any open-source software or commercial third-party program or component, on which the Application relies to perform certain functionality, shall be subject to the provisions of above clause 6.1 (limitation of liability).
6.3 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Clause 2 of this License Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to the Application.
7. WARRANTY
7.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation. This software provided by SkureLabs is “AS IS” and “AS AVAILABLE” without warranty of any kind, expressed or implied, including but not limited to the implied warranties of merchantability, fitness, usage, performance, satisfactory quality, integration, applicability for a particular use and any other warranties are disclaimed to the fullest extent permissible pursuant to the applicable law. SkureLabs warrants that the Licensed Software, as delivered by SkureLabs will conform to the description’s admin guide/in the user manual. However, SkureLabs does not offer any warranty regarding the performance of software and shall not entertain any claim regarding the same.
7.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of SkureLab‘s sphere of influence that affect the executability of the Licensed Application.
7.3 You are required to inspect the Licensed Application immediately after installing it and notify SkureLabs about issues discovered without delay by email provided in this Agreement. The defect report will be taken into consideration and further investigated if it has been emailed within the trial period only unless agreed in writing separately by SkureLbas, then such extended period.
7.4 If we confirm that the Licensed Application is defective, SkureLabs reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
7.5 In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify Us, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, SkureLabs will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.
8. INDEMNITY
8.1 Your indemnification obligations You shall indemnify, defend and hold harmless SkureLabs, its directors, officers, employees, licensors, distributors, resellers and representatives of each of the foregoing from and against any claim, suit, action, penalties, losses, damages, fines, costs and expense (including reasonable attorney fees) arising out of or relating to : (i) Your use of the Application in a manner not permitted by this Agreement; (ii) Your failure to comply with any applicable laws or regulations; (iii) SkureLabss’s compliance with any technology, instructions or requirements provided by You or on Your behalf; and (iv) Your breach of the terms and conditions of this Agreement.
8.2 SkureLab’s indemnification obligations: SkureLabs shall defend You against any third-party claim that the Application infringes any registered patent, trademark or copyright of such third party, or misappropriates a trade secret (but only to the extent that the misappropriation is not a result of Your actions) (“Infringement Claim”) and indemnify You from the resulting costs and damages finally awarded against You to such third party by a court of competent jurisdiction or agreed to in settlement. The foregoing obligations are applicable only if You: (i) promptly notify in advance SkureLabs in writing of the Infringement Claim; (ii) allow SkureLabs sole control over the defence for the claim, any settlement negotiations and any related action challenging the validity of the allegedly infringed patent, trademark or copyright; and (iii) reasonably cooperate in response to SkureLab’s requests for assistance. You shall not settle or compromise any Infringement Claim without the prior written consent of SkureLabs.
8.3 Remedies: If the alleged infringing Application or in SkureLabss’s opinion be likely to become, the subject of an Infringement Claim, SkureLabs shall, at SkureLab’s option and expense, do one of the following: (a) procure the rights necessary for You to make continued use of the Application; (b) replace or modify the affected Application to make it non-infringing; or (c) terminate the License to the Application and related support, and, subject to Your certified deletion of the affected Application, refund a portion of the pre-paid, unused License Fee paid by You corresponding to the unused period of the Subscription Period.
8.4 Exclusions: Notwithstanding the foregoing, SkureLabs shall have no obligation under this clause 8.2 (SkureLab’s indemnification obligations) or otherwise with respect to any claim based on: (a) a combination of Application with third party products; (b) use for a purpose or in a manner for which the Application was not designed; (c) use of any older version of the Application when use of a newer SkureLabs version would have avoided the infringement; (d) any modification to the Application without SkureLab’s express written approval; (e) any claim that relates to open source software or commercial third party programs or components on which the Application relies for certain functionality that is not embedded by SkureLabs into the Application or (f) any Application provided on a no charge, trial, beta or evaluation basis. This clause 8.4 is your sole and exclusive remedy against Skurelab’s entire liability for any infringement claims or actions.
9. MAINTENANCE AND SUPPORT
The Licensor is responsible for providing any maintenance and support services for this Application during the Normal Working Hours (defined herein below). You can reach the Licensor at the email address listed in the License Agreement for this Application.
SkureLabs Support inclusions:
- Provide guidance related to Installation, usage and configuration of SkureLabs Application.
- Product bug-fixes, as per SkureLabs Application roadmap and development plan.
- Provide information on SkureLabs Application and their features.
- Provide information on on-going schemes and offers.
- Processing of malware related incidents.
- False detection by the application.
- Undetected malware samples.
Exclusions:
- Recovery.
- System administrator functions that are at the Customer’s end and is the Customer’s responsibility including installation/configuration/testing/tuning of third-party installed applications, components or products.
- Backup and restoration of your system(s) and related data, otherwise supported by SkureLabs Application.
- Creation/modification of scripts unique to your environment.
- Coding related assistance.
- Support Services will not be provided, in case of any tampering with SkureLabs Application by 3rd party or End User.
- On-site product installation and troubleshooting. SkureLabs reserves the right to engage on-site support as per case requirement. This is a fee-based service.
- Support services do not cover issues regarding your networks, third-party software solutions or hardware issues. However, special services may be requested for which a fee may be charged.
End User may contact any of the following support channels.
- Web Support
- Chat Support
- Email Support
Normal working hours shall mean 09:30 a.m. to 6:30 p.m. India Standard Time (IST) on working days and "Working Days" means Mondays to Fridays inclusive, but excluding bank and public holidays in India.
10. OPEN-SOURCE SOFTWARE
The Application may contain Open-Source Software, which encompasses various programs, applications, tools, utilities, libraries, and other programming code made available by third parties under open-source licensing terms. SkureLabs provides these Open-Source Software components included with the Application under the specific terms of their respective open-source licenses. Your receipt of these components via this Agreement does not expand or limit the rights or obligations you have under those individual open-source licenses. You can find a list of the applicable Open-Source Software licenses within the Application or in a related file. If any Open-Source Software license requires SkureLabss to grant you broader rights to use, copy, or modify a program than stated in this Agreement, then those broader rights will apply. SkureLabs may update this list from time to time.
11. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:
Address: SkureLabs Private Limited 4th Floor, Westend Center 3, Aundh, Pune – 411007, Maharashtra, India.
Email: connect@SkureLabs.com
12. TERMINATION
The license is valid until terminated by SkureLabs or by You. Your rights under this license will terminate automatically and without notice from SkureLabs if You fail to adhere to any term(s) of this license or Agreement. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
13. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
SkureLabs represents and warrants that SkureLabs will comply with applicable third-party terms of agreement when using Licensed Application.
14. INTELLECTUAL PROPERTY RIGHTS
SkureLabs and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User’s possession and use of that Application infringes on the third party’s intellectual property rights, SkureLabs will be solely responsible for the investigation, defence, settlement, and discharge or any such intellectual property infringement claims. The software, source code, activation code, license keys, documentation, systems, ideas, information, content, design, and other matters related to the software and trademarks are the sole proprietary and intellectual property rights of SkureLabs protected under the Intellectual Property Laws and belongs to SkureLabs. Subject to certain terms mentioned in respective open-source license were used by SkureLabs, nothing contained in this Agreement grants you or is intended to grant you any rights, title, interest to intellectual property, including without limitation any error corrections, enhancements, updates, or modifications to this Software whether made by SkureLabs or any third party. You understand and acknowledge that you are provided with a license to use this software subject to the terms and conditions of this Agreement.
This Application may include certain third-party components which are governed by the license agreements executed between SkureLabs and the respective third-party owners. The third-party components licensed under terms of the certain agreement requires SkureLabs to disclose that Intellectual Property rights and ownership rights shall remain with SkureLabs and/or its technology licensing partners respectively. Even if such third-party components are governed by respective agreements/contracts, the disclaimers and the limitations shall apply as mentioned in this EULA.
All the title, ownership and all rights including Intellectual Property rights of the third Party shall rest with the concerned third Party only and the User shall also be liable to comply with their License terms. Where applicable, such third party will be beneficiary of this EULA.
15. APPLICABLE LAW
This License Agreement is governed by the laws of India and courts of Pune, Maharashtra shall have exclusive jurisdiction, in case of any disputes in related to this License Agreement, excluding its conflicts of law rules.
16. MISCELLANEOUS
16.1 If any of the terms of this Agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
16.2 SkureLabs will not be liable for any delay or failure to fulfil its obligations hereunder that results from an act of God, war, civil disturbance, strikes, riots, pandemics, government policies, or other cause/s beyond its control. Provided that SkureLabs shall endeavour to complete the obligation within a reasonable period after happening of any event as covered under such force majeure.
16.3 SkureLabs reserves the right to amend this End-User License Agreement from time to time and will keep updated on its website at www.skurelab.com/eula and it would be binding on the end users. This is an essence of the Agreement and use of this Application.