Akmin License Agreement
BY CLICKING 'I AGREE', YOU ARE ACCEPTING TO THE AGREEMENT TERMS AND THIS WILL CREATE A BINDING AND LEGALLY ENFORCEABLE CONTRACT BETWEEN YOU AND US, WHETHER YOU ARE ACTING IN YOUR INDIVIDUAL CAPACITY OR AS AN AUTHORIZED REPRESENTATIVE OR AGENT. THEREFORE, PLEASE READ THIS AGREEMENT CAREFULLY AND CONSULT WITH YOUR OWN BUSINESS AND LEGAL ADVISORS BEFORE CLICKING 'I AGREE'. THE 'EFFECTIVE DATE' OF THIS AGREEMENT IS THE DATE ON WHICH YOU CLICK THE 'I AGREE' BUTTON BELOW.
THIS SaaS AGREEMENT, apply to the use of the SaaS Services (defined herein below individually or collectively as a suite) and other services provided through AKMIN.COM ('Website') and is entered into between you and Akmin Technologies Private Limited ('Akmin') along with our software applications and licensees and assignees collectively referred to in this Agreement as 'us', 'we', or 'Akmin'. This Agreement contains the general terms and conditions under which Akmin offers you the SaaS Services.
NOW, THEREFORE, THIS AGREEMENT WITNESSETH that, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows:
Akmin agrees to provide you with access to the website containing a bundle of SaaS Digital marketing suites, its information and downloadable forms. You are allowed to browse through the various products available and avail any or all of the SaaS services as mentioned hereunder :
Description of SAAS Rendered by Akmin as a SAAS provider to you
OBLIGATIONS OF YOU AS END USER
All right, title, and interest in and to the SaaS Services, Confidential Information, including, without limitation, all modifications, enhancements, and Intellectual Property Rights thereto, shall belong solely to Akmin.
You hereby acknowledge that the SaaS is provided "as is" and "as delivered" basis and cannot be construed as being able to be customized or modified in any way. You assume all responsibility to review all features included in the SaaS prior to signing this agreement.
Akmin warrants during the term of your contract that the SaaS Services will be free of material defects and will function in substantial conformance to its documentation provided to you, which provision may be through this Website, and which documentation sets out a description of the SaaS Services and the instructions for use of the SaaS Services. Akmin DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE FUNCTIONS PERFORMED BY THE SAAS SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SaaS SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL DEFECTS IN THE SaaS SERVICES WILL BE CORRECTED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND AKMIN DISCLAIMS ANY AND ALL OTHER WARRANTIES OR CONDITIONS, WHETHER EXPRESS, IMPLIED, ORAL, OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF REASONABLE CARE, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT AKMIN KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE). TO THE EXTENT PERMITTED BY APPLICABLE LAW, AKMIN FURTHER DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS, AND/OR REPRESENTATIONS OF TITLE AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AKMIN OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF AKMIN'S OBLIGATIONS HEREUNDER.
You shall indemnify and hold Akmin harmless from and against any and all claims, judgments, awards, costs, expenses, damages, and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted, or imposed against Akmin directly or indirectly arising from or in connection with your marketing or Support Services of the product or Services or the unauthorized representation of the product and Services or any breach of this Agreement by you.
EXCEPT WITH REGARD TO INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO OR OCCASIONED BY THIRD PARTIES DUE TO ANY OF THE SERVICES OF SOFTWARE AVAILED BY YOU IN THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOST PROFITS OR BUSINESS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGARDLESS OF THE CAUSE OF ACTION OR THE FORM OF ACTION.BEYONG PERMITTING A LEGAL USE OF THE SOFTWARE, AKMIN IS NOT PRIVY TO ANY OF YOUR ACITIVITES OR CONTRACTUAL ENAGAGEMENTS.
Akmin may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events:
Upon expiration or termination of your contract, the rights and licenses granted hereunder will automatically terminate, and you may not continue to use the SaaS Services.
The SaaS Services include all maintenance and upgrades as and when Akmin deems necessary. Each of Akmin's releases may incorporate major new features or enhancements that increase the core functionality of the SaaS Services.
Each party ('Disclosing Party') may disclose to the other party ('Receiving Party') certain information relating to such party's business, including, without limitation, technical, marketing, financial, personnel, planning, and other information that is marked confidential, or which the Receiving Party should reasonably know to be confidential given the nature of the information and the circumstance of disclosure ('Confidential Information'). The Receiving Party agrees that it will not disclose Disclosing Party's Confidential Information except (i) to the employees, contractors, advisors, or agents of the Receiving Party to the extent that they need to know that Confidential Information for the purpose of performing such party's obligations under your contract, and who are bound by confidentiality terms; or (ii) as required to be disclosed by law, to the extent required to comply with that legal obligation, provided that the Receiving Party will promptly notify the Disclosing Party of such obligation, unless otherwise prohibited by such law or legal obligation.
The term of the Agreement is based on the type of service desired by you and shall be determined solely by Akmin.
Usage of software applications will be offered with monthly or annual plans as set out herein.