NOTICE TO USER |
THIS END USER LICENSE AGREEMENT IS A LEGALLY BINDING CONTRACT THAT SHOULD BE READ IN ITS ENTIRETY. THIS IS AN AGREEMENT GOVERNING YOUR USE OF NATIONAL DESIGN INNOVATION NETWORK PLATFORM AND THE LICENSOR OF THE PLATFORM IS WILLING TO PROVIDE YOU WITH ACCESS TO THE PLATFORM ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE ANY PART OF THE PRODUCT. This End User License Agreement (hereinafter referred to as the “Agreement”) is a legal agreement between the Indian Institute of Science (IISC), Bangalore and its affiliates (hereinafter collectively referred to as the “Licensor”) and You (either an individual or an entity), (hereinafter referred to as the “Licensee” or “You”), regarding the current version of Licensor’s software (the “Platform”), that You will get access to, or otherwise obtained through other resources or media such as Flash drives, cloud storage, CD-ROMs, or other related services. |
1. Your Acceptance |
1.1 By accessing this platform, you accept all the terms and conditions of this agreement. 2.2 We may update this Agreement at our sole discretion by posting a revised version on our website. Although we may attempt to notify you when major changes are made to these Terms of Service, You should periodically review the most up-to-date version. The most current version will always be on this page (or such other page as the Service may indicate).By continuing to access or use the platform after those revisions become effective, you agree to be bound by the revised Terms. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits. |
2. Definitions |
2.1 “Content” includes the text, scripts, graphics, photos, sounds, videos, audio, file attachments, algorithm, interactive features and other materials you may view on, access through, or contribute to the Platform. 2.2 "Licensor Site” means the Internet website maintained by or on behalf of Licensor from which the Software and Product is available for access pursuant to a license from Licensor. The Licensor Site is currently located at https://ndin.fortelogic.in/. 2.3 “Platform” means (a) the Licensor’s Web and App platform, as it exists on the License Effective Date, (b) the Documentation, (c) Improvements to the Platform or the Documentation, as each were made by or on behalf of Licensor prior to the License Effective Date, and (d) any Improvements to the Platform or the Documentation that were made available to the Licensee by the Licensor after the License Effective Date. 2.4 “You” means the individual person or an entity or technologists or researchers, a designer, subject matter expert or an employer of an organization having access to the platform or using the Product on his or her own behalf. For purposes hereof the term “organization,” without limitation, includes any government institute, private institute, partnership, limited liability company, corporation, association, joint stock company, trust, joint venture, labor organization, unincorporated organization, or governmental authority. |
3. NDIN Accounts |
3.1 In order to access the features of the platform, you will have to create an NDIN user account by accessing the licensor s site. Thereafter the platform administrator will verify your email id and provide access to the platform. When creating your account, you must provide accurate and complete information. 3.2 You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. 3.2 You must notify the licensor immediately of any breach of security or unauthorized use of your account. |
4. General Use of The Platform |
Licensor hereby grants you permission to access and use the platform as set forth in these Terms of Service, provided that: 4.1 You agree not to distribute in any medium any part of the platform without the licensor's prior written authorization. 4.2 You agree not to alter or modify any part of the platform. 4.3 You agree not to access Content through any technology or means other than the video playback pages of the platform itself, the Embeddable Player, or other explicitly authorized means that Licensor may designate. 4.4 Licensor reserves the right to discontinue any aspect of the Service at any time. |
5. Use of Content |
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content. 5.1 The trademarks, service marks and logos ("Marks") on the platform, are owned by the licensor, subject to copyright and other intellectual property rights under the law. 5.2 Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any illegal purpose. 5.3 You agree not to circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Platform. 5.4 You understand that when using the platform, you will be exposed to Content from a variety of sources, and that the licensor is not responsible for the validity, accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. 5.5 You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the licensor with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless licensors, to the fullest extent allowed by law regarding all matters related to your use of the Service. |
6. Your Content and Conduct |
6.1 As an NDIN account holder you may submit Content to the Platform, including videos, audio recordings and comments. You understand that the licensor does not guarantee any confidentiality with respect to any Content you submit. 6.2 You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Platform. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the Content you submit. 6.3 For clarity, you retain all of your ownership rights and intellectual property rights over the content uploaded or posted by you. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material. 6.4 You further agree that you will not submit to the platform any Content or other material that is contrary to applicable local, national, and international laws and regulations or deemed by anyone in our community as:
6.5 When you access the platform and use the service. You agree you will not:
6.6 You further agree you will honor the confidentiality of the Content of other users of our Service, including but not limited to, their text, audio files, videos, pitch content and feedback. 6.7 Licensor does not endorse any Content submitted to the platform by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Licensor expressly disclaims any and all liability in connection with Content. Licensor does not permit copyright infringing activities and infringement of intellectual property rights on the platform, and Licensor will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Licensor reserves the right to remove Content without prior notice. |
7. Account Termination |
7.1 Licensor will terminate a user's access to the platform if, under appropriate circumstances, the user is determined to be a repeat infringer. 7.2 Licensor reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Licensor may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service. |
8. Disclaimers |
8.1 You agree that your use of the services shall be at your own risk. To the fullest extent permitted by law, licensor, its officers, directors, employees, and agents exclude all warranties, express or implied, in connection with the services and your use thereof. 8.2 To the fullest extent permitted by law, licensor excludes all warranties, conditions, terms or representations about the accuracy or completeness of the content posted by you or the content of any sites linked to this site. 8.3 Licensor does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any hyperlinked services or featured in any banner or other advertising, and licensor will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. as with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. |
9. Limitation of Liability |
9.1 To the fullest extent permitted by law, in no event shall licensor, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or criminal offence, of any nature whatsoever, resulting directly or indirectly from your access to and use of our services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our services, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the user is advised of the possibility of such damages. 9.2 Licensor will not be a part to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. 9.3 You specifically acknowledge that licensor shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. |
10. Indemnification |
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless licensor, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service. |
11. Assignment |
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by licensor without restriction. |
12. Governing Law and Jurisdiction |
This Agreement shall be subject to the Laws of India and any and all disputes, claims, actions, proceedings arising out of or in connection with this Agreement shall be adjudicated upon by Courts of Law at Bangalore, India. |