This End User License Agreement ("EULA") is made
"JyotishJiwanBhavishyaGyan Kendra" (herein after referred to as JB) an E-commerce entity.
You, the end user, for the use of JyotishBhavishya website/application.
Please read all of the terms and conditions of this license agreement before using JYOTISH Bhavishya website/application. We are pleased to license the JyotishBhavishya website/application to you as the individual, company, or other legal entity that will be utilizing the website/application (referred to below as "you" or "your") on the condition that you accept all of the terms of this Agreement. This is a legal and enforceable contract between you and JB and by clicking on the "agree", “accept” or "yes" button or any other indicator of your electronic acceptance of this agreement, installing the downloaded application, accessing the website online, or, if applicable, breaking the seal of the tangible media containing the application, you agree to the terms and conditions of this Agreement. If you do not agree to these terms and conditions, then do not click the "agree", "accept", or "yes" buttons or other indicator of your electronic acceptance of this Agreement, and do not access or use this website/application.
JB contains info about the Hindu Calendar and Hindu Panchang. You can gather facts about the Hindu Vedic Calendar, Monthly Panchang, Festivals &Vrat, Muhurat, Amavasya, Purnima and Kundali Match.
1.1 The Application which accompanies or is accessible through this license (collectively the "Application") is the property of JyotishJiwanBhavishyaGyan Kendra or its licensees and is protected by copyright law. While JyotishJiwanBhavishyaGyan Kendra continues to own the intellectual property rights to the Application, You will have certain rights to use the Application after Your acceptance of this Agreement. This Agreement governs any releases, revisions, or enhancements to the Application that JB may furnish.
1.2 The Application is completely free to install, but includes certain advanced features, services and products which require in-app payments.
1.3 You may uninstall this Application at any time, using the standard uninstall procedures as offered with your computer's Operation System, by accessing the computer's "Control Panel>Uninstall a Program" folder, selecting JB from the list of installed applications, and clicking the "Uninstall" button. This will remove JB from your Windows PC.
1.3.1 Please note that some files/folders will remain on your system after you have uninstalled this Application. These files/folders cannot be removed by the uninstall process but can be removed manually using standard file/folder/registry-entry deletion methods. Also note that these folders and files are safe and cannot be used in any active or passive way by anyone or any system. Application registration information will also be left behind after the uninstallation so that you may not require to register the Application again, if you decide to reinstall the Application. For further information about the temporary files that will remain, and whether they can be safely removed, please read this Microsoft Knowledge Base article: http://support.microsoft.com/kb/2667628.
1.4 The Application installer will offer to place a shortcut to the application so that you can access it conveniently through the Windows desktop or quick launch bar. You will be given an option to opt out of these shortcut creations at the time of installation.
1.5 The Application requires an Internet connection to perform functions like database updates, etc.
1.6 Except as may be modified by an JB license certificate, license coupon, or license key (collectively, "License Key") that accompanies, precedes, or follows this license, Your rights and obligations with respect to the use of this Website/Application are as follows:
1.6.1 You are entitled to:
1.7 Notwithstanding Section 1.4 above, if a License Key accompanies, precedes, or follows this license, you may:
1.8 You are not entitled to:
2. Term & Termination
2.1 Term: The initial term of this Agreement will commence on the date you download or otherwise acquire the Application, and will continue for the term you specified in your order for the Application, or if you received the Application in combination with other hardware or software, the term specified by your supplier. If renewal terms are available, JB will provide notice offering you the opportunity to purchase renewals at the then-current renewal price. The initial term and any renewals purchased are referred to in this Agreement as the 'Term'.
2.2 Termination JB, in addition to such other rights may be available at law or equity, shall be entitled to terminate this Agreement at any time without notice if you commit a material breach of this Agreement.
2.3. Effect of Termination On the expiration or termination of this Agreement, you will cease using the Application, JB may cease making Updates available to you, and the Application may cease functioning.
Sections 1.4, 3, 4, 5, 6, 7, 8, 9 and 11 will survive the expiration or termination of this Agreement.
JB reserves all rights in the Website/Application not expressly granted by this Agreement. All copyrights, trademarks and other conceivable intellectual property rights in and to the Website/Application are owned by JyotishJiwanBhavishyaGyan Kendra or its licensors, and are protected by copyright laws, international treaties and other applicable laws. Any copy of the Application you are allowed to make pursuant to this Agreement must contain the entire copyright and other notices included with the original copy of the Application.
4. Content Updates
You acknowledge that certain JB Application products utilize content that is updated from time to time. For example, JB products utilize updated computer components, like registry structure etc. & content delivery features utilize updated URL links, etc. (collectively, "Content Updates"). You may obtain Content Updates during any period for which You have (i) purchased a subscription for Content Updates for the Application (including any subscription included with Your original purchase of the Application), (ii) purchased upgrade insurance for the Application, (iii) entered into a maintenance agreement that includes Content Updates, or (iv) otherwise separately acquired the right to obtain Content Updates. Except to the extent expressly stated above, this license does not permit you to obtain and use Content Updates. You further acknowledge that you must routinely download and permit installation of Updates in order to obtain maximum benefit from the Application.
5.1 JB warrants that the media on which the Application is distributed will be free from defects for a period of thirty (30) days from the date of your purchase of the Application (the "Warranty Period"). Your sole remedy in the event of a breach of this warranty will be that JB will replace any defective media returned to JB within the Warranty Period or, if Section 6 below applies, refund the money you paid for the Application. JB does not warrant that the Application will meet your requirements or that operation of the Application will be uninterrupted or error-free. In order to exercise your rights under this Section, you must uninstall and destroy all copies of the Application you may have made (including all archival copies), and (i) if you purchased the Application by download, follow the instructions on the confirmation email you received in connection with the purchase, or (ii) for all other purchases, return the Application in its original package, along with your receipt, to the point of purchase.
5.2 The above warranty is exclusive and in lieu of all other warranties, whether expressed or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property rights. This warranty gives you specific legal rights. You may have other rights, which vary from state to state and country to country.
6. Money Back Guarantee
6.1 You are not entitled to any refund for charges you paid in order to avail the Services offered by JB.
6.2 If You are the original licensee of this copy of the Application and are not completely satisfied with the products purchased through website/application for reason of defect, You will be entitled to receive a refund of the money You paid for the Purchased Products (less shipping, handling, and any applicable taxes) by so notifying JB Customer Service or the Dealer in writing at any time during the Three (03) day period following the date of delivery.
Provided that, in case the customer support group of the JB on return of the Product finds that the product returned is damaged irretrievably, JB will not be held liable for the refund of the product price.
6.3 If you received the Application as a "bundled" product with the purchase of Your PC or other computer component, or if you fail to notify JB Customer Service or the Dealer within the Guarantee Period, You will not be entitled to a refund.
7.1 JB may deliver any notice to you via a pop-up window, dialog box, email or other means, even though you may not receive the notice unless and until you launch the Website/Application. Any such notice will be deemed delivered on the date JB first makes it available through the Website/Application, irrespective of when you actually receive it.
7.3 By Agreeing to this EULA you grant us the permission to use the reviews given by you for the product and your name on our website, price pages & other digital resource.
8. Disclaimer Of Damages
Except as expressly provided by section 6 of this agreement, JB disclaims all other warranties with respect to the application, media and any other subject matter of this agreement, whether express or implied, including, but not limited to, the implied warranty of merchantability, the implied warranty of fitness for a particular purpose and implied warranty of non-infringement. JB does not warrant that the operation of the website/application will be uninterrupted or error-free.
9. Limitation Of Liability
9.1 Some states and countries, including member countries of the European economic area, do not allow the limitation or exclusion of liability for incidental or consequential damages so the below limitation or exclusion may not apply to you.
9.2 To the maximum extent permitted by applicable law and regardless of whether any remedy set forth herein fails of its essential purpose, and notwithstanding anything herein to the contrary:
9.3 The disclaimers and limitations set forth above apply regardless of whether you accept the Application.
You shall be responsible for the payment of all sales, use and similar taxes relating to the license of the Application as applicable to your state/country and the respective taxation structure.
11. General Terms
11.1 Indian law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. Jurisdiction over and venue of any suit arising out of or related to this agreement will be in the state courts located in Varanasi, Uttar Pradesh India. If any provision of this agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed further or continuing waiver of such term or any other term.
11.2 This Agreement was originally prepared in the English language. Although JB may provide one or more translations for your convenience, the English version will control in the case of any conflict or discrepancy.
11.3 This agreement constitutes the entire agreement between you and JyotishJiwanBhavishyaGyan Kendra with respect to this transaction and any prior statements or representations. Any changes to this agreement must be made in writing, signed by an authorized representative of JyotishJiwanBhavishyaGyan Kendra.
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