Terms of Use (Watergen India Pvt. LTD)
END USER TERMS OF USE & LICENSE AGREEMENT
Watergen India Pvt. Ltd.
This END USER TERMS OF USE AND LICENSE AGREEMENT (“EULA” or “Agreement”) between you and Watergen Ltd. (“Watergen,” “we” or “us”) apply to your access and use of (a) the website located at watergenindia.com and sub-domains (each, a “Site”), (b) services through the Site (and any updates thereto) (“Site Services”), and (c) certain software that may be downloaded to your mobile device or the applications and other online products and services (and any updates thereto) provided by Watergen, (d) the software that is embedded on the GENNY Home & Office Air To Water Generator Device (the Product” and “Genny Software”); (collectively, the “Product Software” and the “Services”); By using and/or downloading the Product software, or checking a box or clicking a button confirming your agreement to these terms, you agree to these terms of use. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT USE THE PRODUCT SOFTWARE AND YOU MAY CHOOSE TO PROMPTLY RETURN THE PRODUCT FOR A REFUND OF THE PRODUCT PURCHASE PRICE BY CONTACTING THE RETAILER AT WHICH YOU PURCHASED THE PRODUCT OR WATERGEN INDIA AT THE ADDRESS BELOW.
Address: S-25, GREEN PARK MAIN MARKET, NEW DELHI-110016
Your purchase of our Air-Water-Generator devices (“AWG”) (excluding the Product Software) is governed by the Watergen limited warranty, the terms of which are provided with the Product. This EULA does not govern your purchase of the Product (excluding the Genny Software).
This EULA governs your access and use of the Product Software. This EULA gives you specific legal rights, and you may also have other legal rights in addition, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under this EULA will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of this EULA may not apply to you.
Some of our AWG are equipped with smart technology which allows the AWG to transmit data wirelessly to the data base Service. When you register your AWG with the online App, we collect information about the AWG, such as a AWG name and device number, and information about the AWG and/or App usage, feature usage, in-App transactions, technical specifications, crashes, and other information about how you use your AWG and the product App. For example, the AWG could collect and transmit information to Watergen India’s database about the AWG’s function and use statistics, such as battery life and health, start and stop times, water production, sensors status, and number of missions. For more information about the information that Watergen collects, and your privacy please see Watergen India’s Privacy Policy, which forms an integral part of this Agreement.
THIS IS A LEGAL AGREEMENT. BY ACCESSING AND USING THE PRODUCT SOFTWARE, YOU ARE ACCEPTING AND AGREEING TO THIS EULA ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT IN CONNECTION WITH THE ACCESS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THIS EULA ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE PRODUCT SOFTWARE AND TO ENTER INTO THIS EULA. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD CEASE ACCESSING OR USING THE PRODUCT SOFTWARE.
PLEASE BE AWARE THIS AGREEMENT CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEVE AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
If you do not agree to this Agreement, including the mandatory arbitration provision and class action waiver hereunder, do not access or use our Software Products.
PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY WATERGN INDIA IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, we will make a new copy of the Agreement available at our website and within our mobile application. We will also update the “Last Updated” date at the top of the Agreement. If we make any material changes, we will also send push notification or show a pop-up to you via the Watergen India application. Any changes to the Agreement will be effective immediately for new users of the website, the mobile application and/or the Services and will be effective thirty (30) days after posting notice of such changes on the website for existing users, provided that any material changes shall be effective for existing users upon the earlier of thirty (30) days after posting notice of such changes on the website or thirty (30) days after dispatch of the push notification of such changes. We may require you to provide consent to the updated Agreement in a specified manner before further use of the website, the mobile application and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services, including the website and the mobile application. Otherwise, your continued use of the Services, including the website and the mobile application, constitutes your acceptance of such changes. PLEASE CHECK THE WEBSITE REGULARLY TO VIEW THE THEN-CURRENT AGREEMENT.
AS DESCRIBED BELOW, YOU MAY CONNECT YOUR PRODUCT TO THE SERVICES AND ENABLE YOUR PRODUCT TO CONNECT TO THE INTERNET OR MOBILE DEVICE VIA A WIFI OR BLUETOOTH CONNECTION. BY CONNECTING YOUR PRODUCT TO THE SERVICES AND CONNECTING YOUR PRODUCT TO THE INTERNET OR MOBILE DEVICE, YOU WILL RECEIVE AUTOMATIC OR MANUAL UPDATES TO THE PRODUCT SOFTWARE. IF YOU DO NOT AGREE TO UPDATES TO THE PRODUCT SOFTWARE, YOU SHOULD NOT CONNECT YOUR PRODUCT TO THE SITE SERVICES AND THE INTERNET.
AS DESCRIBED BELOW, SECTION 9 DESCRIBES IMPORTANT LIMITATIONS OF THE PRODUCT SOFTWARE AND RELATED SERVICES, ESPECIALLY IN CONNECTION WITH LIFE SAFETY AND CRITICAL USES. PLEASE READ THESE DISCLOSURES CAREFULLY, AS YOU ARE ACKNOWLEDGING THEM AND ACCEPTING THEM.
Watergen India Pvt. Ltd.
This END USER TERMS OF USE AND LICENSE AGREEMENT (“EULA” or “Agreement”) between you and Watergen Ltd. (“Watergen,” “we” or “us”) apply to your access and use of (a) the website located at watergenindia.com and sub-domains (each, a “Site”), (b) services through the Site (and any updates thereto) (“Site Services”), and (c) certain software that may be downloaded to your mobile device or the applications and other online products and services (and any updates thereto) provided by Watergen, (d) the software that is embedded on the GENNY Home & Office Air To Water Generator Device (the Product” and “Genny Software”); (collectively, the “Product Software” and the “Services”); By using and/or downloading the Product software, or checking a box or clicking a button confirming your agreement to these terms, you agree to these terms of use. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT USE THE PRODUCT SOFTWARE AND YOU MAY CHOOSE TO PROMPTLY RETURN THE PRODUCT FOR A REFUND OF THE PRODUCT PURCHASE PRICE BY CONTACTING THE RETAILER AT WHICH YOU PURCHASED THE PRODUCT OR WATERGEN INDIA AT THE ADDRESS BELOW.
Address: S-25, GREEN PARK MAIN MARKET, NEW DELHI-110016
Your purchase of our Air-Water-Generator devices (“AWG”) (excluding the Product Software) is governed by the Watergen limited warranty, the terms of which are provided with the Product. This EULA does not govern your purchase of the Product (excluding the Genny Software).
This EULA governs your access and use of the Product Software. This EULA gives you specific legal rights, and you may also have other legal rights in addition, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under this EULA will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of this EULA may not apply to you.
Some of our AWG are equipped with smart technology which allows the AWG to transmit data wirelessly to the data base Service. When you register your AWG with the online App, we collect information about the AWG, such as a AWG name and device number, and information about the AWG and/or App usage, feature usage, in-App transactions, technical specifications, crashes, and other information about how you use your AWG and the product App. For example, the AWG could collect and transmit information to Watergen India’s database about the AWG’s function and use statistics, such as battery life and health, start and stop times, water production, sensors status, and number of missions. For more information about the information that Watergen collects, and your privacy please see Watergen India’s Privacy Policy, which forms an integral part of this Agreement.
THIS IS A LEGAL AGREEMENT. BY ACCESSING AND USING THE PRODUCT SOFTWARE, YOU ARE ACCEPTING AND AGREEING TO THIS EULA ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT IN CONNECTION WITH THE ACCESS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THIS EULA ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE PRODUCT SOFTWARE AND TO ENTER INTO THIS EULA. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD CEASE ACCESSING OR USING THE PRODUCT SOFTWARE.
PLEASE BE AWARE THIS AGREEMENT CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEVE AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
If you do not agree to this Agreement, including the mandatory arbitration provision and class action waiver hereunder, do not access or use our Software Products.
PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY WATERGN INDIA IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, we will make a new copy of the Agreement available at our website and within our mobile application. We will also update the “Last Updated” date at the top of the Agreement. If we make any material changes, we will also send push notification or show a pop-up to you via the Watergen India application. Any changes to the Agreement will be effective immediately for new users of the website, the mobile application and/or the Services and will be effective thirty (30) days after posting notice of such changes on the website for existing users, provided that any material changes shall be effective for existing users upon the earlier of thirty (30) days after posting notice of such changes on the website or thirty (30) days after dispatch of the push notification of such changes. We may require you to provide consent to the updated Agreement in a specified manner before further use of the website, the mobile application and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services, including the website and the mobile application. Otherwise, your continued use of the Services, including the website and the mobile application, constitutes your acceptance of such changes. PLEASE CHECK THE WEBSITE REGULARLY TO VIEW THE THEN-CURRENT AGREEMENT.
AS DESCRIBED BELOW, YOU MAY CONNECT YOUR PRODUCT TO THE SERVICES AND ENABLE YOUR PRODUCT TO CONNECT TO THE INTERNET OR MOBILE DEVICE VIA A WIFI OR BLUETOOTH CONNECTION. BY CONNECTING YOUR PRODUCT TO THE SERVICES AND CONNECTING YOUR PRODUCT TO THE INTERNET OR MOBILE DEVICE, YOU WILL RECEIVE AUTOMATIC OR MANUAL UPDATES TO THE PRODUCT SOFTWARE. IF YOU DO NOT AGREE TO UPDATES TO THE PRODUCT SOFTWARE, YOU SHOULD NOT CONNECT YOUR PRODUCT TO THE SITE SERVICES AND THE INTERNET.
AS DESCRIBED BELOW, SECTION 9 DESCRIBES IMPORTANT LIMITATIONS OF THE PRODUCT SOFTWARE AND RELATED SERVICES, ESPECIALLY IN CONNECTION WITH LIFE SAFETY AND CRITICAL USES. PLEASE READ THESE DISCLOSURES CAREFULLY, AS YOU ARE ACKNOWLEDGING THEM AND ACCEPTING THEM.
1. License
Subject to the terms of this EULA, Watergen India grants to you a limited and nonexclusive license (without the right to sublicense) to execute one (1) copy of the Product Software, in executable object code form only, solely on the Product that you own or control and solely for use in conjunction with use of the Product.
2. Restrictions
You agree not to, and you will not permit others to, (a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Product Software or make the Product Software available to any third party, (b) copy or use the Product Software for any purpose other than as permitted in Section 1, (c) use any portion of the Product Software on any device or computer other than the Product that you own or control, (d) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product Software, (e) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Product Software (except to the extent applicable laws specifically prohibit such restriction for interoperability purposes, in which case you agree to first contact Watergen India and provide Watergen India an opportunity to create such changes as are needed for interoperability purposes), or (f) use any software except for the Product Software on or in connection with the Product (except for the Site Services and Mobile Software) except to the extent required by applicable terms and conditions in connection with Open Source Software provided with the Product Software.
3. Automatic Software Updates
The Product Software may cause the Product to automatically communicate with the Watergen India’s servers to deliver the functionality described in the Product Guide, to record usage metrics and to collect personal information as described in the Watergen India’s Privacy Policy. Watergen India may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve or otherwise modify the performance of the Product Software and related services (“Updates”). These Updates may affect or erase data on your Product or change or reset settings on your Product. These Updates may be automatically installed without providing any additional notice or receiving any additional consent if you have connected your Product to the Internet. You consent to these automatic Updates. If you do not want these Updates, do not connect your Product to the Internet or to your Mobile Device. You acknowledge that you may be required to install Updates in order for the Product and Product Software to operate properly and to access all updated features of the Product Software. In certain circumstances you may be entitled to request removal or disabling of Updates (see contact information below); however, Watergen India is not responsible for providing support to Products that do not contain updated Product Software. If we provide further notice or request further consent to an Update, the notice or consent may be received or provided by any permitted user of the Product or the Site Services. The user receiving the notice or providing consent is responsible for notifying all other users. Your continued use of the Product is your agreement to this EULA.
4. Ownership
The Product Software and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of Watergen India and its licensors. Watergen India and its licensors reserve all rights in and to the Product Software not expressly granted to you in this EULA. The Product Software (and all copies thereof) is licensed to you, not sold, under this EULA. There are no implied licenses in this EULA. All suggestions or feedback provided by you to Watergen India with respect to the Product Software shall be Watergen India’s property. Watergen India may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that Watergen India does not waive any rights to use similar or related ideas previously known to Watergen India, developed by its employees, or obtained from other sources.
5. Open Source
Certain items of software included with the Product Software are subject to “open source” or “free software” licenses (“Open Source Software”). Some of the Open Source Software is owned by third parties. The Open Source Software is not subject to the terms and conditions of this EULA. Instead, each item of Open Source Software is licensed under the terms of the end user license that accompanies such Open Source Software. Nothing in this EULA limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. If required by any license for particular Open Source Software, Watergen India makes such Open Source Software, and Watergen India’s modifications to that Open Source Software, available by written request to Watergen India at the email or mailing address listed below.
6. Term and Termination
This EULA and the license granted hereunder are effective on the date you first use the Product Software or Product and shall continue for as long as you own the Product, unless this EULA is terminated under this section. Watergen India may terminate this EULA at any time if you fail to comply with any term(s) hereof. You may terminate this EULA effective immediately upon written notice to Watergen India. Upon termination of this EULA, the license granted hereunder will terminate and you must stop all use of the Product Software, but the terms of Sections 2 through 18 (inclusive) will remain in effect, after any such termination.
7. Warranty Disclaimer
NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WATERGEN INDIA PROVIDES THE PRODUCT SOFTWARE “AS-IS” AND DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, NON-INTERFERENCE, SECURITY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WATERGEN INDIA DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE PRODUCT SOFTWARE. WATERGEN INDIA MAKES NO WARRANTY THAT THE PRODUCT SOFTWARE WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE.
YOU USE ALL PRODUCT INFORMATION (AS DEFINED BELOW), THE PRODUCT SOFTWARE, AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND Watergen India DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR HVAC SYSTEM, PLUMBING, HOME, PRODUCT, OTHER PERIPHERALS CONNECTED TO THE PRODUCT, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS AND PETS IN YOUR HOME, RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, PRODUCT SOFTWARE, OR PRODUCT.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) WATERGEN INDIA, ITS AFFILIATES, SUCCESSORS, ASSIGNS, LICENSORS AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, (COLLECTIVELY, THE “WATERGEN INDIA PARTIES”) BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS OR PRODUCT SOFTWARE, EVEN IF WATERGEN INDIA KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) WATERGEN INDIA’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS AND PRODUCT SOFTWARE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO WATERGEN INDIA OR WATERGEN INDIA’S AUTHORIZED RESELLER FOR THE PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. WATERGEN DISCLAIMS ALL LIABILITY OF ANY KIND OF i WATERGEN INDIA’S LICENSORS AND SUPPLIERS.
9. Limitations of Product Software
The Product Software provides you information (“Product Information”) regarding your usage of the Products. All Product Information is provided “as is” and “as available”. We cannot guarantee that it is correct or up to date.
10. Dispute Resolution; Binding Arbitration Agreement; Governing Law; Venue.
Applicability of Arbitration Agreement. Except for small claims disputes in which you or Watergen India seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Watergen India seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Watergen India waive your rights to a jury trial and to have any dispute arising out of or related to this Agreement or our Services resolved in court. This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
Arbitration Rules and Forum. The Arbitration will be governed by Arbitration & Conciliation Act 1996on amended from time to time. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to our registered office S-25, Green Park Main Market, New Delhi-110016.
Waiver of Jury Trial. YOU AND WATERGEN INDIA HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Watergen India are instead electing that all disputes, claims or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would.
Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
Severability. Except as provided hereunder, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Watergen India.
Modification, Notwithstanding any provision in this Agreement to the contrary, we agree that if Watergen India makes any future material change to this Arbitration Agreement you may reject that change within thirty (30) days of such change becoming effective by writing Company at the following address: contact@watergenindia.com
This Agreement and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of India.
11. Assignment
Neither the rights nor the obligations arising under this EULA are assignable by you, and any such attempted assignment shall be void and without effect.
12. Notices
Any notice to you may be provided by email to the address that you registered with Watergen India.
13. Severability
Any notice to you may be provided by email to the address that you registered with Watergen India.
14. Waiver
All waivers by Watergen will be effective only if in writing. Any waiver or failure by Watergen to enforce any provision of this EULA on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
15. General
The Product Software is deemed irrevocably accepted upon your use of the Product Software or Product. Watergen will have no responsibility to provide maintenance or support services with respect to the Product Software.
You acknowledge that the Product Software contains valuable trade secrets and proprietary information of Watergen India, that any actual or threatened breach of Section 2 (Restrictions) of this EULA will constitute immediate, irreparable harm to Watergen India for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach.
The headings of Sections of this EULA are for convenience and are not to be used in interpreting this EULA.
Without derogating from any other provision hereunder, except as otherwise provided in this section, no amendment to this EULA will be valid unless it is in writing hand-signed by the parties.
Questions or Additional Information. If you have questions regarding this EULA, please contact Watergen India at: contact@watergenindia.com
This Policy was last revised on, and effective as of, 13/01/2023.
