The purpose and intent of this Website is to provide information on
software products (the "Software") that we make available for download
and purchase through the Website.
Download of Evaluation Version
We offer the Software for download on a free trial basis pursuant to an
Evaluation License as set out in our End-User License Agreement set
forth below ("EULA" or "Agreement"). Your use of the copy of the
evaluation version of the Software is subject to the applicable terms
and conditions of the EULA.
Purchase of Commercial Licenses
After the expiration of the evaluation period, you may obtain through
the Website a commercial license of the Software pursuant to the annual
subscription, perpetual, or if applicable, the free edition, as set out
in the EULA. Your use of the copy of the Software is subject to the
applicable terms and conditions of the EULA.
Your purchase of a commercial license is subject to any pricing or any
special terms of sale that may be agreed between you and Distributor.
You are responsible for providing Distributor with a valid credit card
number or other acceptable means of payment to secure payment.
Distributor reserves the right to cancel any order if the credit card
number you provide is not valid.
END USER LICENSE AGREEMENT
The following terms constitute a binding agreement between you and
with respect to use of SpamCheetah ("Licensed Software")
Gayatri Hitech grants to you a non-exclusive,
non-transferable, evaluation license for trial and evaluation of the
Licensed Software, in binary object code form, for a period of thirty
(30) days from the date of download or installation. This license begins
upon downloading or installing the Licensed Software and ends thirty
(30) days thereafter ("Evaluation Period").
If you are not willing to use the Licensed Software, either the free
edition or the professional/ essential/ deluxe edition, after the
Evaluation Period, delete all the copies installed in your computer with
immediate effect. You are forbidden from using the Licensed Software for
any other use or otherwise offering it for resale under the terms of
this Section 1. Gayatri Hitech retains all rights not specifically granted to you
Free Edition: Where applicable, if you choose to use the free edition
beyond the Evaluation Period, Gayatri Hitech grants you a non-exclusive,
non-transferable, world-wide license to use the free edition of the
Licensed Software for no cost in perpetuity.
Annual Subscription License: As part of your choosing annual
subscription license, Gayatri Hitech grants you a fee-bearing, nonexclusive,
non-transferable, world-wide license to Use the Licensed Software
including user documentation, updates and upgrades to which you are
entitled during the period of
your subscription, provided that such access and Use of the Licensed
Software is in accordance with the Single Installation License granted
by Gayatri Hitech. Under the annual subscription license, the Licensed Software is
licensed only for a subscription period of one year. You must renew your
license at least 10 days before the expiry of the subscription period in
order to continue using the Licensed Software. If you do not renew the
license, you agree to stop using the Licensed Software after end of the
subscription period and remove the Licensed Software from your systems
Perpetual License: As part of your choosing perpetual license, Gayatri
Hitech grants you a fee-bearing, nonexclusive, non-transferable, perpetual,
world-wide license to Use the Licensed Software including user
documentation, updates and upgrades to which you are entitled as well as
any plug-ins provided to you, provided that such access and Use of the
Licensed Software is in accordance with the Single Installation License
granted by Gayatri Hitech.
"Use" means storing, locating, installing, executing or displaying the
Licensed Software according to the license procured by you.
"Single Installation License" means that the license key provided shall
not be used for more than one concurrent Use of the Licensed Software.
THIRD PARTY PRODUCTS:
The Licensed Software may contain software which originated with third
party vendors and without limiting the general applicability of the
other provisions of this Agreement, you agree that (a) the title to any
third party software incorporated in the Licensed Software shall remain
with the third party which supplied the same; and (b) you will not
distribute any such third party software available with the Licensed
Software, in any manner.
RESTRICTIONS ON USE:
In addition to all other terms and conditions of this Agreement, you
shall not: (i) install one copy of the Licensed Software on more than
one CPU; (ii) remove any copyright, trademark or other proprietary
notices from the Licensed Software or its copies; (iii) make any copies
except for one back-up or archival copy, for temporary emergency
purpose; (iv) rent, lease, license, sublicense or distribute the
Licensed Software or any portions of it on a standalone basis or as part
of your application; (v) modify or enhance the Licensed Software; (vi)
use the Licensed Software in a computer-based services business or
publicly display visual output of the Licensed Software or use the
Licensed Software for the benefit of any other person or entity; (vii)
reverse engineer, decompile or disassemble the Licensed Software; or
(viii) allow any third parties to access, use or support the Licensed
As part of subscription license, Gayatri Hitech provides support that includes
email support for problem reporting, product updates, upgrades and
online access to product documentation at no additional cost for the
period of subscription. Technical support, including online access to
product documentation, product updates, upgrades, service packs, email
and phone support, is not included as part of perpetual license. You may
purchase technical support services for perpetual license by paying the
then current maintenance and support fee.
OWNERSHIP AND INTELLECTUAL PROPERTY:
Gayatri Hitech owns all right, title and interest in and to the Licensed Software.
Gayatri Hitech expressly reserves all rights not granted to you herein,
notwithstanding the right to discontinue or not to release any Licensed
Software and to alter prices, features, specifications, capabilities,
functions, licensing terms, release dates, general availability or
characteristics of the Licensed Software. The Licensed Software is only
licensed and not sold to you by Gayatri Hitech.
Gayatri Hitech has the right to audit your Use of the Licensed Software by
providing at least seven (7) days prior written notice of its intention
to conduct such an audit at your facilities during normal business
The Licensed Software contains proprietary information of Gayatri Hitech and you
hereby agree to take all reasonable efforts to maintain the
confidentiality of the Licensed Software. You agree to reasonably
communicate the terms and conditions of this Agreement to those persons
employed by you who come into contact with or access the Licensed
Software, and to use reasonable efforts to ensure their compliance with
such terms and conditions, including but not limited to, not knowingly
permitting such persons to use any portion of the Licensed Software for
a purpose that is not allowed under this Agreement.
Gayatri Hitech does not warrant that the Licensed Software will be error-free.
Except as provided herein, the Licensed Software is furnished "as is"
without warranty of any kind, including the warranties of
merchantability and fitness for a particular purpose and without
warranty as to the performance or results you may obtain by using the
Licensed Software. You are solely responsible for determining the
appropriateness of using the Licensed Software and assume all risks
associated with the use of it, including but not limited to the risks of
program errors, damage to or loss of data, programs or equipment, and
unavailability or interruption of operations.
LIMITATION OF LIABILITY:
In no event will Gayatri Hitech be liable to you or any third party for any
special, incidental, indirect, punitive or exemplary or consequential
damages, or damages for loss of business, loss of profits, business
interruption, or loss of business information arising out of the use or
inability to use the program or for any claim by any other party even if
Gayatri Hitech has been advised of the possibility of such damages.
Gayatri Hitech's entire
liability with respect to its obligations under this agreement or
otherwise with respect to the Licensed Software shall not exceed the
amount of the license fee paid by you for the Licensed Software.
Gayatri Hitech agree to indemnify and defend you from and against any and all
claims, actions or proceedings, arising out of any claim that the
Licensed Software infringes or violates any valid patent, copyright or
trade secret right of any third party; so long as you provide; (i)
prompt written notice to Gayatri Hitech of such claim; (ii) cooperate
with Gayatri Hitech in
the defense and/or settlement thereof, at Gayatri Hitech's expense; and, (iii)
allow Gayatri Hitech to control the defense and all related settlement
negotiations. The above is Gayatri Hitech's sole obligation to you and shall be
your sole and exclusive remedy pursuant to this Agreement for
intellectual property infringement.
Gayatri Hitech shall have no indemnity obligation for claims of infringement to
the extent resulting or alleged to result from (i) any combination,
operation, or use of the Licensed Software with any programs or
equipment not supplied by Gayatri Hitech; (ii) any modification of the Licensed
Software by a party other than Gayatri Hitech; and (iii) your failure, within a
reasonable time frame, to implement any replacement or modification of
Licensed Software provided by Gayatri Hitech.
This Agreement is effective until terminated by either party. You may
terminate this Agreement at any time by destroying or returning to
all copies of the Licensed Software in your possession. Gayatri Hitech may
terminate this Agreement for any reason, including but not limited to
your breach of any of the terms of this Agreement. Upon termination, you
shall destroy or return to Gayatri Hitech all copies of the Licensed Software and
certify in writing that all know copies have been destroyed. All
provisions relating to confidentiality, proprietary rights,
non-disclosure, and limitation of liability shall survive the
termination of this Agreement.
GOVERNING LAW AND JURISDICTION:
If you are a resident of the United States or Canada, this Agreement
shall be governed by and interpreted in all respects by the laws of the
State of California, without reference to its conflict of laws'
principles and you agree to submit to the personal jurisdiction of the
courts in the Northern District of California. If you are a resident of
any of the member states of the European Union, this Agreement shall be
governed by and interpreted in all respects by the laws of the
Netherlands without reference to its conflict of laws’ principles and
you agree to submit to the personal jurisdiction of the courts in
Amsterdam. If you are a resident of Japan, this Agreement shall be governed
by and interpreted in all respects by the laws of Japan without
reference to its conflict of laws’ principles and you agree to submit to
the personal jurisdiction of Yokohama District Court. If you are a
resident of People's Republic of China, this Agreement shall be governed
by and interpreted in all respects by the laws of People's Republic of
China without reference to its conflict of laws’ principles and you
agree to submit to the personal jurisdiction of People's Court of
Haidian District, Beijing. If you are a resident of Mexico, this
Agreement shall be governed by and interpreted in all respects by the
laws of Mexico without reference to its conflict of laws’ principles and
you agree to submit to the personal jurisdiction of the courts in Mexico
City. If you are a resident of Australia, this Agreement shall be
governed by and interpreted in all respects by the laws of Australia
without reference to its conflict of laws’ principles and you agree to
submit to the personal jurisdiction of the courts in Sydney. If you are
a resident of any other country, this Agreement shall be governed by and
interpreted in all respects by the laws of the Republic of Singapore
without reference to conflict of laws' principles and you agree to
submit to the personal jurisdiction of the courts in Singapore.
Your Acceptance of the Terms of Sale
Thank you for visiting the Gayatri Hitech("we" or
"SpamCheetah") website, www.spamcheetah.com (the "Website"). This document
("Terms of Sale") is a legal agreement between you or the entity that
you represent ("you") and Gayatri Hitech, and governs your download and purchase
of SpamCheetah software product from the Website.
PLEASE NOTE THAT YOUR USE OF THE WEBSITE TO DOWNLOAD A SOFTWARE PRODUCT
CONSTITUTES ACCEPTANCE OF THE TERMS OF SALE, AND TERMS AND CONDITIONS OF
THE END USER LICENSE AGREEMENT PROVIDED BELOW. IF YOU DO NOT AGREE TO
THE TERMS OF SALE, OR TERMS OF THE END USER LICENSE AGREEMENT, PLEASE
EXIT THE WEBSITE WITHOUT CONTINUING THE ORDERING AND/OR DOWNLOADING