END USER LICENSE AGREEMENT

END USER LICENSE AGREEMENT

PLEASE READ THIS AGREEMENT CAREFULLY. BY DOWNLOADING, INSTALLING, COPYING,
ACCESSING OR USING THIS SOFTWARE, ALL OR ANY PORTION OF THIS SOFTWARE, YOU
(HEREINAFTER “CUSTOMER”) ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT
WHICH WILL BIND YOU. THE TERMS OF THIS LICENSE INCLUDE, IN PARTICULAR, LIMITATIONS
ON LIABILITY CLAUSE.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, WE WILL NOT LICENSE THE SOFTWARE
AND DOCUMENTATION TO YOU AND YOU MUST DISCONTINUE THE INSTALLATION PROCESS
NOW, AND PROMPTLY RETURN THE SOFTWARE AND PROOF OF ENTITLEMENT TO THE PARTY
FROM WHOM YOU ACQUIRED THE SOFTWARE.
1. Definitions.
1.1 “Stellar” means Stellar Information Technology Pvt. Ltd., having its registered office at
205, Skipper Corner, 88, Nehru Place, New Delhi, India 110019.
1.2 “Compatible Computer” means a Computer with the recommended operating system
and hardware configuration as stated in the Documentation.
1.3 “Computer” means a virtual or physical device that accepts information in digital or
similar form and manipulates it for a specific result based on a sequence of instructions,
including without limitation desktop computers, laptops, tablets, mobile devices,
telecommunication devices, Internet-connected devices, and hardware products capable
of operating a wide variety of productivity, entertainment, or other software applications.
1.4 “Customer” means you and any legal entity that obtained the Software and on whose
behalf it is used; for example, and as applicable, your employer.
1.5 “Permitted Number” means one (1) unless otherwise indicated under a valid license (e.g.,
volume license) granted by Stellar.
1.6 “Software” means (a) all of the information with which this agreement is provided,
including but not limited to: (i) all software files and other computer information; (ii) any
proprietary scripting logic embedded within exported file formats (iii)images, sounds, clip
art, video and other works bundled with Stellar software or made available by Stellar on
Stellar’s website for use with the Stellar software and not obtained from Stellar through
a separate service (unless otherwise noted within that service) or from another party
(“Content Files”); (iv) related explanatory written materials and files (“Documentation”);
and (v) any modified versions and copies of, and upgrades, updates, and additions to,
such information, provided to Customer by Stellar at any time, to the extent not provided
under separate terms (collectively, “Updates”).

2. LICENSE GRANT; PROPRIETARY RIGHTS

© Copyright 2019 Stellar Information Technology Pvt. Ltd. All Trademarks Acknowledged.
END USER LICENSE AGREEMENT

Right to use the Software: Subject to the terms and conditions of this Agreement, Stellar
grants Customer a non-exclusive, non-transferable right, revocable and limited license to
access and use the Software and Documentation on a single computer or workstation in
a single location for your personal purposes (if you are a consumer) or your internal
business purposes (if you are a business user) subject to the terms stated
below. Customer must use the Technician License if using the software to provide
professional or paid service to a third party (individual or company) and / or for any
commercial purposes.
SINGLE USER LICENSE. The term means a SOFTWARE that may be installed and used only
by a single USER on a single computer at any one time. Consequently, the SOFTWARE
must not be installed, displayed, shared or used concurrently from the computer or on
distinct computers. Single User License is granted to customer who is using STANDARD,
PROFESSIONAL, PREMIUM or CORPORATE Edition of the Software.
MULTIPLE USER LICENSE. The term means a SOFTWARE that may be installed and used
by a specified number of USERS representing an equivalent number of computers. The
SOFTWARE must not be installed, displayed, shared or used from or on a number of
computers greater than the number of workstations authorized. Multiple User License
are associated with Technician & Toolkit Edition of the Software. MAXIMUM Installation
and usage limit of this License in on 3 Computers.

3. LICENSE TYPES

3.1 Evaluation Software/Trial version: The Software is provided with or without License key
which can be downloaded for free from Stellar’s website. The Software may only be
installed and used on Permitted Number of Compatible Computers during the License
Term for demonstration, evaluation, and training purposes only. Evaluation Software or
Trial version of the Software may be freely distributed, if the distribution package is not
modified. No person or company may charge a fee for the distribution of trial version
without written permission from the copyright holder.
3.2 Subscription License: For the Software available on a subscription-basis (“Subscription
License”), Customer may install and use the Subscription License only on the Permitted
Number of Compatible Computer during the License Term Period. Subject to the
Permitted Number of Computers for the Subscription License, Customer agrees that
Stellar may change the type of Software (such as specific components, versions,
platforms, languages, etc.) included in the Subscription License at any time and shall not
be liable to the Customer whatsoever for such change. Ongoing access to a Subscription
License requires a recurring Internet connection to activate, renew, and validate the
license. If Stellar does not receive the recurring subscription payment or cannot validate

© Copyright 2019 Stellar Information Technology Pvt. Ltd. All Trademarks Acknowledged.
END USER LICENSE AGREEMENT

the license periodically, then the Software may become inactive without additional notice
until Stellar receives the payment or validates the license.
3.3 Lifetime License: Once registered, user is granted an exclusive license to use the Software
for maximum period of 10 years on the same computer with same configuration and
operating system which is compatible with the software. If the computer hardware or
software is changed during the lifetime of the license which is not compatible with the
original purchased version; then user may need to additionally purchase the upgraded
version of the software.

4. SOFTWARE SUPPORT.

Support will only be provided to only license customer for a period of 1 Year from the
date of purchase. Queries regarding the installation and use of the software should be
submitted by e-mail which get responded usually within 24 Business Hours.
Free Technical Support is provided for 1 Year from the date of purchase, if your license
term is greater than 1 year then you may avail Technical Support by paying additional fee
applicable at that time. Paid support can be purchased for Lifetime License only up to a
maximum period of next 2 years. Stellar will not assist customers for any support request
related to the Software after 3 years from the purchase of the software.

5. INTELLECTUAL PROPERTY OWNERSHIP.

The Software and any authorized copies that Customer makes are the intellectual
property of and are owned by Stellar. The structure, organization, and source code of the
Software are the valuable trade secrets and confidential information of Stellar
Information Technology Pvt. Ltd. The Software is protected by law, including but not
limited to the copyright laws of the United States and other countries, and by
international treaty provisions. Except as expressly stated herein, this agreement does
not grant Customer any intellectual property rights in the Software. All rights not
expressly granted are reserved by Stellar.

6. RESTRICTIONS & REQUIREMENTS.

6.1 Proprietary Notices. Any permitted copy of the Software (including without limitation
Documentation) that Customer makes must contain the same copyright and other
proprietary notices that appear on or in the Software.
6.2 Use Obligations. Customer agrees that it will not use the Software other than as permitted
by this agreement and that it will not use the Software in a manner inconsistent with its

© Copyright 2019 Stellar Information Technology Pvt. Ltd. All Trademarks Acknowledged.
END USER LICENSE AGREEMENT

design or Documentation.
6.3 No Modifications. Customer shall not modify, adapt, tamper with, translate or create
Derivative Works of the Software or the Documentation; combine or merge any part of
the Software or Documentation with or into any other software or documentation; or
refer to or otherwise use the Software as part of any effort to develop software (including
any routine, script, code, or program) having any functional attributes, visual expressions
or other features similar to those of the Software to compete with Stellar;
except with Stellar’s prior written permission, publish any performance or benchmark
tests or analysis relating to the Software;
6.4 No Reverse Engineering. Customer shall not reverse engineer, decompile, disassemble, or
otherwise attempt to discover the source code of the Software.
6.5 No Unbundling. The Software may include various applications and components, may
allow access to different Stellar Online Channels, may support multiple platforms and
languages, and may be provided to Customer on multiple media or in multiple copies.
Nonetheless, the Software is designed and provided to Customer as a single product to
be used as a single product on Computers as permitted herein. Unless otherwise
permitted in the Documentation, Customer is not required to install all component parts
of the Software, but Customer shall not unbundle the component parts of the Software
for use on different Computers.
6.6 Customer will not remove, erase, obscure or tamper with any copyright or any other
product identification or proprietary rights notices, seal or instructional label printed or
stamped on, affixed to, or encoded or recorded in or on any Software or Documentation;
or fail to preserve all copyright and other proprietary notices in all copies Company makes
of the Software and Documentation;
6.7 Customer will not run or operate the Software in a cloud, Internet-based computing or
similar on-demand computing environment unless Company’s Grant Letter or the
applicable Product Entitlement Definitions specifically allows the use.
6.8 No Transfer. Customer will not rent, lease, sell, sublicense, assign, or transfer its rights in
the software (including without limitation, software obtained through a web download),
or authorize any portion of the software to be copied onto another individual or legal
entity’s computer except as may be expressly permitted herein.

7. COPYRIGHT/OWNERSHIP.

Customer acknowledges that all intellectual property rights in the Software and the
Documentation anywhere in the world belong to, or are licensed to Stellar. The rights
granted to you in the Software are licensed (not sold), and you have no rights in, or to,
the Software or the Documentation other than the right to use them in accordance with

© Copyright 2019 Stellar Information Technology Pvt. Ltd. All Trademarks Acknowledged.
END USER LICENSE AGREEMENT

the terms of this License. The Software, its source code and Documentation are
proprietary products of Stellar Information Technology Pvt. Ltd. (“Stellar”) to provide the
License and are protected by copyright and other intellectual property laws. Stellar shall
at all times retain all rights, title, interest, including intellectual property rights, in the
Software or Documentation.

8. WARRANTIES.

The licensed software (excluding the media on which it is distributed) and all Stellar
related websites and services are provided to licensee ‘AS IS’ and “AS AVAILABLE,” and
Stellar and its suppliers and licensors make NO WARRANTY as to their use or performance.
Stellar and its suppliers and licensors make NO WARRANTIES OR REPRESENTATIONS
(express or implied, whether by statute, common law, custom, usage, or otherwise) as to
any matter including without limitation to quality, availability, performance or
functionality of the licensed software or any related Stellar websites or services; quality
or accuracy of any information obtained from or available through use of the licensed
software or related Stellar websites or services; any representation or warranty that the
use of the licensed software or any related Stellar websites or services will be
uninterrupted or always available (whether due to internet failure or otherwise), error-
free, free of viruses or other harmful components or operate on or with any particular
hardware, platform or software; non-infringement of third-party rights, merchantability,
integration, satisfactory quality, or fitness for any particular purpose, except for, and only
to the extent, that a warranty may not be excluded or limited by applicable law in
licensee’s jurisdiction.

9. DATA PROTECTION.

You understand that by using the Licensed Software, you consent and agree to the
collection and use of certain information about you and your use of the Licensed Software
in accordance with Stellar’s Privacy Policy. You further consent and agree that Stellar may
collect, use, transmit, process and maintain information related to your Account, and any
devices or computers registered thereunder, for purposes of providing the Licensed
Software, and any features therein, to you. Information collected by Stellar when you use
the Licensed Software may also include technical or diagnostic information related to
your use that may be used by Stellar to support, improve and enhance Stellar’s products
and services. For more information please read our full privacy policy at
“https://www.stellarinfo.com”, on the section Privacy Policy. You further understand and
agree that this information may be transferred to the United States, India and/or other

© Copyright 2019 Stellar Information Technology Pvt. Ltd. All Trademarks Acknowledged.
END USER LICENSE AGREEMENT

countries for storage, processing and use by Stellar, its affiliates, and/or their service
providers. You hereby agree and consent to Stellar’s and its partners’ and licensors’
collection, use, transmission, processing and maintenance of such location and account
data to provide and improve such features or services.

10. INTERNET CONNECTIVITY & PRIVACY.

10.1 Automatic Connections to the Internet. The Software may cause Customer’s Computer,
without notice, to automatically connect to the Internet and to communicate with Stellar
website or Stellar domain for purposes such as license validation and providing Customer
with additional information, features, or functionality. Unless otherwise specified in
Sections 10.2 through 10.5, the following provisions apply to all automatic Internet
connections by the Software:
10.1.1 Whenever the Software makes an Internet connection and communicates with a
Stellar website, whether automatically or due to explicit user request, the Privacy
Policy shall apply. Stellar Privacy Policy allows tracking of website visits and it
addresses in detail the topic of tracking and use of cookies, web beacons, and
similar devices.
10.1.2 Whenever the Software connects to Stellar over the Internet, certain Customer
information is collected and transmitted by the Software to Stellar pursuant to the
Stellar Online Privacy Policy available at https://www.stellarinfo.com/ under
Privacy Policy section.
10.1.3 If Customer accesses Stellar Online Service or activates or registers the Software,
then additional information such as Customer’s ID, user name, and password may
be transmitted to and stored by Stellar pursuant to the Privacy Policy and
additional terms of use related to such Stellar Online Service.
10.1.4 Stellar, unless barred under applicable law, may (a) send Customer transactional
messages to facilitate the Stellar Online Service or the activation or registration of
the Software or Stellar Online Service, or (b) deliver in-product marketing to
provide information about the Software and other Stellar products and Services
using information including but not limited to platform version, version of the
Software, license status, and language.
10.2 Updating. The Software may cause Customer’s Computer, without additional notice, to
automatically connect to the Internet (intermittently or on a regular basis) to (a) check
for Updates that are available for download to and installation on the Computer and (b)
notify Stellar of the results of installation attempts.
10.3 Activation. The Software may require Customer to (a) obtain Stellar Software Activation
Key, (b) activate or reactivate the Software, (c) register the software, or (d) validate the
Ownership. Such requirement may cause Customer’s Computer to connect to the Internet

© Copyright 2019 Stellar Information Technology Pvt. Ltd. All Trademarks Acknowledged.
END USER LICENSE AGREEMENT

without notice on install, on launch, and on a regular basis thereafter. Once connected,
the Software will collect and transmit information to Stellar. Software or Customer may
also receive information from Stellar related to Customer’s license, subscription, or
Ownership. Stellar may use such information to detect or prevent fraudulent or
unauthorized use not in accordance with a valid license, subscription, or Ownership.
Failure to activate or register the Software, validate the subscription or Ownership, or a
determination by Stellar of fraudulent or unauthorized use of the Software may result in
reduced functionality, inoperability of the Software, or a termination or suspension of the
subscription or Ownership.
10.4 Use of Online Services. The Software may cause Customer’s Computer, without
additional notice and on an intermittent or regular basis, to automatically connect to the
Internet to facilitate Customer’s access to content and services that are provided by
Stellar or third parties. In addition, the Software may, without additional notice,
automatically connect to the Internet to update downloadable materials from these
online services so as to provide immediate availability of these services even when
Customer is offline.
10.5 Digital Certificates. The Software uses digital certificates to help Customer identify
downloaded files (e.g., applications and/or content) and the publishers of those files. For
example, Stellar uses digital certificates to help Customer identify the publisher of Stellar
applications. Customer’s Computer may connect to the Internet at the time of validation
of a digital certificate.

11. LIMITATION OF LIABILITY

In no event shall Stellar or its suppliers be liable for any special, incidental, indirect, or
consequential damages whatsoever (including, without limitation, damages for loss of
business profits, business interruption, loss of business information, or any other
pecuniary loss) arising out of the use of or inability to use the software product or the
provision of or failure to provide support services, even if Stellar has been advised of the
possibility of such damages. In any case, Stellar’s entire liability under any provision shall
be limited to the amount actually paid by you for the software product or a sum of US
Dollars Five whichever is higher.

12. TERMINATION

If Customer breaches this EULA, and fails to cure any breach within 30 calendar days after
request from Stellar, Stellar may terminate this EULA, whereupon all rights granted to
Customer shall immediately cease including but not limited to the license granted to the

© Copyright 2019 Stellar Information Technology Pvt. Ltd. All Trademarks Acknowledged.
END USER LICENSE AGREEMENT

customer to use the software which shall also stand revoked. Furthermore, upon
termination, Customer shall return to Stellar all copies of the Licensed Software, or verify
in writing that all copies of the Licensed Software have been destroyed and failure of the
customer to do so would entitle Stellar to sue for relief in equity and damages.

13. JURISDICTION AND LAW

13.1 This EULA is subject to, and will be governed by and construed in accordance with the
substantive laws applicable to the state of Delhi (India). Courts at Delhi, India alone shall
have the jurisdiction to entertain any dispute arising out of the terms and conditions of
this EULA and you consent to such jurisdiction of the courts at Delhi, India.

13.2 This EULA will not be governed by the conflict of law rules of any jurisdiction, or the United
Nations Convention on Contracts for the International Sale of Goods, the application of
which is expressly excluded.

14. GENERAL

14.1 This License is the complete statement of the agreement between the parties on the
subject matter and merges and supersedes all other or prior understandings, purchase
orders, agreements and arrangements.

14.2 The exclusions of warranties and liability limitations shall survive the termination of this
EULA, howsoever caused; but this survival shall not imply or create any continued right
to use the Licensed Software after termination of this EULA.

14.3 Licensee shall not ship, transfer, or export Licensed Software into any country or use
Licensed Software in any manner prohibited by the applicable export control laws,
notably where applicable, the United States Export Administration Act, restrictions, or
regulations (collectively the 'Export Laws'.) All rights to use the Licensed Software are
granted on condition that Licensee complies with the Export Laws, and all such rights are
forfeited if Licensee fails to comply with the Export Laws.

14.4 Stellar reserves all rights not expressly granted to Licensee by this EULA All rights are
reserved under the copyright laws of India and/or of other countries, to Stellar
Information Technology Pvt Ltd, having its registered office at 205, Skipper Corner, 88,
Nehru Place, New Delhi, India 110019.

© Copyright 2019 Stellar Information Technology Pvt. Ltd. All Trademarks Acknowledged.
END USER LICENSE AGREEMENT

14.5 There are no third party beneficiaries of any promises, obligations or representations
made by Stellar herein.

14.6 Any waiver by Stellar of any violation of this License by you shall not constitute nor
contribute to a waiver by Stellar of any other or future violation of the same provision or
any other provision of this License.

14.7 This EULA constitutes the entire agreement between you and Stellar and it supersedes all
prior or contemporaneous representations, discussions, undertakings, communications,
agreements, arrangements, advertisements, and understandings regulating the Licensed
Software. This EULA is binding on and made for the benefit of the parties and their
successors and permitted assigns.

14.8 This EULA may only be modified, supplemented or amended by a writing signed by an
authorized officer of Stellar.

Copyright © Stellar Information Technology Private Limited. All rights reserved.

© Copyright 2019 Stellar Information Technology Pvt. Ltd. All Trademarks Acknowledged.