This End-User License Agreement (this “Agreement” or “EULA”) is made by and between RVR Innovations LLP (hereinafter referred to as the “Licensor”, “we”, or “us” or “our” or “myTAT”) and you, which term shall mean and include your successors-in-interest, permitted assigns, Permitted Users (your directors and authorized employees); and the person using this software or authorized to accept this Agreement on behalf of you or your company (Hereinafter collectively referred to as “you” or “your” or “Licensee”); as of the date you access, download and/or install, as the case may be, the myTAT software together with any SDK’s, data files, libraries, utilities, tools, upgrades, updates, patches, audio or textual assets, packaging, modules and other written files, electronic or online materials, third-party licenses, any and all copies of such software and its materials, feature enhancements and additional versions of the software that replace or supplement the original software, and any accompanying manuals, configuration and or operation instructions and documentation provided by us to you (the “Licensed Software”).
If you download, install or use the Licensed Software, you accept and agree to be bound by this Agreement. If you are an individual acting on behalf of a company, you represent and warrant that you have the authority to enter into this Agreement on behalf of the company. If you do not have such authority, you are solely responsible for your use of the Licensed Software.
The Agreement may be periodically updated and the most current version will be available on our website www.mytat.co (the “Website”). Your continued use of the Licensed Software after a revised Agreement has been posted, constitutes your acceptance of the revised Agreement’s terms of the Agreement.
Licensor is hereby willing to grant you the license described herein, subject to the terms and conditions set forth in this Agreement. Please read the terms carefully before clicking on the “I agree” button, as clicking on this button will indicate your assent to them. This Agreement will come into force on the date of acceptance by clicking on the “I accept” button and shall be hereinafter referred to as the “Effective Date”. Please read this Agreement carefully before clicking on the ‘I Agree’ button; your license rights are subject to your compliance with the terms of this Agreement and any other applicable laws in force.
If you do not agree to these terms, then click on the “I disagree” button and promptly exit this Licensed Software. If you do not accept or agree to all the terms of this Agreement, you are not permitted to open, download, install, access or otherwise use the Licensed Software.
By clicking the “I accept” button below, and/or by downloading, installing or otherwise logging in or using the Licensed Software, the Licensee:
(a) accepts this Agreement and agrees that Licensee is to be legally bound by its terms; and
(b) represents and warrants that it has the right, power and authority to enter into this Agreement and bind the Licensee to its terms.
Subject to and conditioned upon Licensee's strict compliance with all the terms and conditions set forth in this Agreement, Licensor hereby grants to the Licensee a personal, limited, worldwide, non-exclusive, non-transferable, non-sublicensable, non-redistributable, revocable license to download, install access and use the Licensed Software (in object code form only) for your internal business use only, as set forth in this Agreement, in the specific configuration and for the time period granted by the Licensor (the “Subscription Period”), solely to be used with the specified system requirements as set out in Clause 2 below and subject to all of the conditions and limitations set forth in this Agreement.
The Permitted Users will adhere to the terms of this Agreement; such that the Licensee will be liable in case of breach of terms of this Agreement by the Permitted Users..
Licensee acknowledges that the Licensor has no responsibility for providing Licensee with any services, support, product, upgrades or other enhancements for or in connection with, and that Licensor is under no obligation to create any product upgrades or enhancements to the Licensed Software or Derived Data.
The Licensee represents and warrants not to a) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover, in any way, any source code, programming, algorithms, design structure, interoperability interfaces, concepts, construction methods underlying ideas, or file formats of the Licensed Software, for any purpose, b) remove any identification markings, including but not limited to copyright notices and trademarks, from the Licensed Software, or c) make any modification, customizations, enhancement, of the Licensed Software, or incorporate the Licensed Software, or any portion thereof, into or with any other software; d) copy, sell, lease, assign, distribute or transfer in any manner or form, in whole or in part, of the Licensed Software; or e) use the Licensed Software to develop or distribute any software product that competes in the marketplace with the Licensed Software or any then-current products or services of the Licensor.
This Agreement is effective until terminated by the Licensor. Your rights under this Agreement will stand automatically terminated if you fail to comply with any of its terms. Further, this Agreement can also be terminated immediately by the Licensor without cause and without notice to the Licensee.
The minimum system requirements are as follows: -
|Minimum RAM Requirement||4 GB|
|Internet Speed||2 MBPS and Above|
|Screen Requirement||768 px|
|Cookie Requirement||Cookies must be enabled to be able to access and take a test.
If cookies are disabled, the candidate will not be able to take a test.
|Google Chrome (MCQ, Video Assessments & Video Interview)||41 and above|
|Internet Explorer (Only MCQ Assessments)||11|
|Edge (Only MCQ Assessments)||41|
|Safari (Only MCQ Assessments)||11 and above|
|Opera (Only MCQ Assessments)||27 and above|
The Licensed Software may include software, content, data or other materials, including related documentation, that are OSS or OSS based and/or from third party licensors; and are provided to the Licensee on terms that are in addition to and/or different from those contained in this Agreement (“Third-Party licenses”). This license and Licensee’s use of the Licensed Software is subject to such Third-Party licenses. Licensee is bound by and shall comply with all ThirdParty licenses. Any breach by Licensee of any Third-Party license is also a breach of this Agreement. Licensor shall not be liable for any breach by the Licensee under this Clause 3.
The Licensed Software is licensed, not sold, to you, and you hereby acknowledge that no title or ownership in the Licensed Software is being transferred or assigned; and this Agreement should not be construed as a sale of any rights in the Licensed Software. Licensor retains all rights, title, and interest in the Licensed Software, including but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, designs, layouts, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, content, documentation, Derived Data, sounds effects, musical works, and moral rights (the “Associated Materials”). The Licensed Software is protected by copyright and trademark law and applicable laws and treaties throughout the world. The Licensed Software may not be copied, reproduced, or distributed in any manner or medium, in whole or in part, without prior written consent from Licensor. Any persons copying, reproducing, modifying, attempting to use or misuse the name, content or distributing all or any portion of the Licensed Software along with its Associated Materials in any manner or medium, will be in breach of this Agreement and willfully violating the copyright and/or proprietary rights of the Licensor; and subject to civil and criminal penalties under applicable laws as per the terms of this Agreement. The Licensed Software contains certain licensed materials and Third-Party licenses; and Licensor’s licensors may also protect their rights in the event of any violation of this Agreement. All rights not expressly granted under this Agreement are reserved by Licensor and, as applicable, its licensors.
Notices and Enforcement. Licensee agrees that all trademark and intellectual property notices for the Licensed Software and Derived Data must be preserved unmodified. Licensee hereby acknowledges and agrees that the Licensed Software constitutes and contains valuable proprietary products and trade secrets of the Licensor, embodying substantial creative efforts and confidential information, ideas, and expressions. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Licensed Software.
You agree that in using the Licensed Software, you will not use any third-party intellectual property nor any trademark, service mark, trade name, logo of any company or organization in a way that is likely, whether intended or not, to cause confusion about the ownership of such Licensed Software
If you do not agree to be bound by and subject to the terms and conditions of each applicable Third-Party license, you must terminate this Agreement by uninstalling and destroying all copies of the Licensed Software that are in your possession or control. If our rights from a licensor of Third-Party license are limited, suspended or terminated for any reason, your rights will also be so limited, suspended or terminated, without any liability to us.
As between the Licensor and Licensee, the Licensor owns the Licensed Software, Derived Data and all improvements, modifications and derivative works thereof. All intellectual property rights therein or relating thereto are and shall remain the exclusive property of the Licensor. Licensor does not grant any rights to the Licensed Software or Derived Data to the Licensee. Licensee further acknowledges that the Licensor retains all right, title and interest in the Licensed Software and Derived Data including all rights to patent, copyright, trade secret and trademark, whether developed independently or in conjunction with the Licensee.
The Licensed Software shall allow you to derive, create, display, develop or generate various data, content, information, materials (including but not limited to, research, data, written text, audio files, photographs, videos or other such media) from the use of the Licensed Software (“Derived Data”). You understand that all such Derived Data made available to you through your use of the Licensed Software or created using the Licensed Software, whether alone or in combination with Licensed Software materials belong solely to the Licensor and will be immediately handed over to the Licensor, on request.
You represent and warrant to keep the Derived Data confidential and use it solely for your company’s internal use. You agree that all rights to the Derived Data belong solely to the Licensor. Derived Data that you create, transmit, or display while using the Licensed Software must be appropriate for the Licensed Software.
The Licensor will not be liable, either directly or indirectly for Derived Data that is: (a) harmful, tortious, or invasive of another’s intellectual property; (b) causes any damages such as loss of business, profits or growth; (c) infringes or violates any third party’s rights, including, without limitation, using third-party copyrighted materials without appropriate permission and attribution, using third-party trademarks without appropriate permission or attribution or in a way that is likely or intended to cause confusion, or using or distributing third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality with such third party; (d) interferes with, disrupts, or harms in any way the copy of the Licensed Software to you or any servers or networks connected to the Licensed Software; (e) uses the Licensed Software for any illegal purpose, or violates any applicable local, state, national, foreign or international law or regulation, intentionally or unintentionally. You agree that you are solely liable for (and that the Licensor has no responsibility to you or to any third party) for any Derived Data that you derive, create, generate, transmit or display while using the Licensed Software; and for the consequences of your actions (including without limitation, any loss or damage which we may suffer) by doing so.
THIS LICENSED SOFTWARE (INCLUDING ALL ASSOCIATED DOCUMENTATION, MATERIALS, THIRDPARTY LICENSES, LIBRARIES AND SAMPLE DATA) ARE PROVIDED ON AN "AS IS" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, RESULTS, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT AND ANY WARRANTIES OR CONDITIONS ARISING FROM ANY ACTUAL OR ALLEGED COURSE OF DEALING, USAGE OR TRADE PRACTICE. LICENSOR EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE ACCURACY OR FUNCTIONALITY OF THE LICENSED SOFTWARE, AND WITH RESPECT TO THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY INFORMATION OR FEATURES AVAILABLE THROUGH THE PLATFORM, OR THE QUALITY OR CONSISTENCY OF THE LICENSED SOFTWARE OR RESULTS OBTAINED OR DATA DERIVED THROUGH ITS USE. LICENSOR HAS NO OBLIGATION TO PROVIDE ANY MAINTENANCE OR SUPPORT FOR THE LICENSED SOFTWARE UNLESS EXPRESSLY AGREED BETWEEN THE PARTIES IN WRITING NOR TO FIX ANY ERRORS OR DEFECTS. LICENSOR MAY CHANGE THE LICENSED SOFTWARE OR SERVICES (AND FUTURE VERSIONS MAY NOT BE COMPATIBLE WITH YOUR SYSTEMS USING PREVIOUS VERSIONS); LICENSOR WILL HAVE NO LIABILITY RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY, LICENSOR MAKES AND ASSUMES NO REPRESENTATIONS, WARRANTIES OR INDEMNIFICATION OR OTHER OBLIGATIONS OR LIABILITIES WITH RESPECT TO THE SERVICES OR LICENSE PROVIDED. THE LICENSOR DISCLAIMS USE OF THE LICENSED SOFTWARE WITH ANY THIRD-PARTY SOFTWARE, THE SERVICES OR THE LICENSED SOFTWARE. WITHOUT LIMITING THE FOREGOING OR ANYTHING ELSE SET OUT HEREIN, THE LICENSEE AGREES THAT THE LICENSOR IS NOT RESPONSIBLE NOR LIABLE AND DOES NOT GUARANTEE THE CONTINUED AVAILABILITY THEREOF, AND MAY CEASE MAKING ANY SUCH LICENSED SOFTWARE AVAILABLE, IN ITS SOLE DISCRETION. FURTHER, WE DO NOT WARRANT THAT THE LICENSED SOFTWARE WILL OPERATE UNINTERRUPTED OR BE ERROR FREE OR THAT DEFECTS IN THE LICENSED SOFTWARE ARE CORRECTABLE OR WILL BE CORRECTED. THIS LICENSED SOFTWARE IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE IN ENVIRONMENTS REQUIRING SEAMLESS AND ACCURATE PERFORMANCE. WE SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS.FOR SUCH APPLICATIONS.
UNDER NO CIRCUMSTANCES WILL THE LICENSOR OR ITS REPRESENTATIVES BE LIABLE FOR ANY DAMAGES, COSTS, INJURY, PENALTIES, EXPENSES OR LOSSES INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL, SPECIAL, DIRECT OR INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR DERIVED DATA, INTERRUPTIONS OR ANY OTHER DAMAGES OR LOSSES, ANY LOSS OF OPPORTUNITY/ SALES, LOSS OF REVENUE, REPUTATION OR GOODWILL) ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT WILL THE LICENSOR’S MAXIMUM AGGREGATE LIABILITY HOWSOEVER ARISING, EXCEED THE AVERAGE AMOUNT PAID BY THE LICENSEE TO THE LICENSOR IN THE THREE-MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE.
You agree to defend, indemnify, and hold harmless the Licensor and each of our respective employees, officers, directors, affiliates, subsidiaries, sister entities, group company, holding company, suppliers, licensors, customers and representatives (“Representatives”) from and against any and all claims, actions, damages, losses, liabilities, penalties, costs, and expenses (including reasonable attorney’s fees) arising out of, in connection with or relating to: (a) your download, installation or use of the Licensed Software (including in combination with machines, third party software, or other devices); (b) unauthorized use of the Licensed Software; (c) breach of terms of this Agreement, or (d) violation of applicable laws, or (e) your use of the Licensed Software (including arising out of modifications to the Licensed Software made by the Licensor); and your relationships or interactions with any end users or other third parties with respect to the Licensed Software or Derived Data. Licensee will reimburse us for our reasonable attorneys’ fees, as well as our time and materials spent responding to any third-party subpoena or other compulsory legal order or process associated with third-party claims described in this Clause 8, at our then-current hourly rates. Licensor may (at its sole discretion) choose to participate in the defense and settlement of any claim with its own counsel, and you may not settle a claim without Licensor’s prior written consent.
Licensor may modify this Agreement from time to time, including any referenced standards, guidelines or other documents. If you do not agree to the modified Agreement, your sole remedy is to immediately terminate your use of the Licensed Software in the manner as stated under this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of India without giving effect to any choice or conflict of laws provision. Any legal suit, action or proceeding arising out of or relating to this Agreement or the matters contemplated hereunder shall be instituted exclusively in the courts of Bengaluru, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding and waives any objection based on improper venue.
The relationship between the Licensor and the Licensee established by this Agreement is that of independent contractors. No joint venture or partnership is established by this Agreement. Neither party is the agent, broker, partner, employee, or legal representative of the other party for any purpose.
We may amend this Agreement at any time at our sole discretion, by posting the revised terms on our Website www.mytat.co or within an update or upgrade of the Licensed Software. Your continued use of the Licensed Software after the effective date of the amended Agreement evidences your acceptance to be bound by it. If you do not agree to a change, you must immediately stop using the Licensed Software and terminate this Agreement in the manner as stated under this Agreement.
Licensee shall not assign or otherwise transfer any of its rights, or delegate or otherwise transfer any of its obligations or performance, under this Agreement, in each case whether voluntarily, involuntarily, by operation of law or otherwise, without the Licensor 's prior written consent. Any assignment or transfer in violation of this Clause 10, sub clause (iv) will be void.
This Agreement may only be amended, modified or supplemented by an Agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
This Agreement is the entire Agreement between you and the Licensor, and supersedes any and all prior and contemporaneous agreements, negotiations, or other communications between you and the Licensor, whether oral or written, with respect to the subject matter hereof, and, except as expressly provided herein, cannot be modified except in writing signed by both parties. In the event that any provision of this Agreement is held to be invalid or unenforceable, then: (a) such provision shall be deemed restated to the extent strictly necessary to render such provision valid and enforceable, or if not capable of such restatement shall be deemed severed from this Agreement; and (b) the validity and enforceability of all of the other provisions hereof shall in no way be affected or impaired thereby.
The Licensor and its Representatives will not be liable for any delay or failure to perform any obligation under this Agreement, including where the delay or failure results from any cause beyond its reasonable control, acts of God, labor disputes or other industrial disturbances, electrical or power outage, utilities or other telecommunications failures, earthquakes, storms, pandemics, or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
The Licensed Software is confidential information and may only be used as permitted by and subject to the terms of this Agreement. The Licensee will not disclose any confidential information of the Licensor, either during the term or at any time following the expiry or termination of this Agreement. The Licensee will take all reasonable measures to protect the Licensor’s confidential information, avoid disclosure, dissemination or unauthorized use of the Licensed Software and all confidential information, including those measures you take to protect your own confidential information of a similar nature. You will not issue any press release or make any other public communication with respect to this Agreement or your use of the Licensed Software without the prior written consent of the Licensor.
This Agreement does not create any third-party beneficiary rights in any individual or entity that is not a party to this Agreement. Licensee agrees to provide the Licensor with such cooperation, materials, information, access and support which Licensor deems to be reasonably required to allow Licensor to successfully perform under this Agreement.
Notices must be in writing and will be deemed given when delivered. Licensor may provide notice to the email or physical address associated with the Licensor as per the Website.