END USER LICENSE AGREEMENT

IMPORTANT: PLEASE READ CAREFULLY: BY DOWNLOADING, INSTALLING, AND/OR CLICKING ACCEPT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. 

This End User License Agreement (the “Agreement”) is hereby entered into and agreed upon by you, and ‘Pi Consulting, New Delhi’, (“Licensors”), for:

  1. the Survivors Against TB mobile application software (“Licensed Mobile Application Software”).
  2. Documents, photographs, cinematograph films, sound recordings, artistic works or such other information available through the Licensed Mobile Application Software (“documents”).
  1. Grant and Scope of License 
    1. The Licensor grants to you a non-transferable, non-exclusive, perpetual license to download and use the Licensed Mobile Application Software and the documents on your mobile phone or handheld device for your personal purposes only, in accordance with the terms of this agreement. 
    1. The license is subject to the following restrictions:
      1. You may not copy the Licensed Mobile Application Software or documents, except where it is necessary for the purpose of back-up or operational security;
      2. You may not rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Licensed Mobile Application Software or documents;
      3. You may not make alterations to, or modifications of, the whole or any part of the Licensed Mobile Application Software or documents, or permit the Licensed Mobile Application Software or documents or any part of it to be combined with, or become incorporated in, any other programs or software or documents;
      4. You may not distribute or make the Licensed Mobile Application Software or documents available over a network, where it could be used by multiple devices at the same time. 
      5. You may not transfer, redistribute or sublicense the Licensed Mobile Application Software or documents and, if you sell your mobile phone or handheld device to a third party, you must remove the Licensed Mobile Application Software and documents from it before doing so. 
      6. You may not copy, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Mobile Application Software, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by law or by the licensing terms governing use of any open-sourced components).
      7. You may not use the Licensed Mobile Application Software or documents for any commercial business or resale business purposes. 
      8. You shall comply with all laws and regulations of the United States and other countries ("Export Laws") to assure that Licensed Mobile Application Software and the documents are not (1) exported, directly or indirectly, in violation of Export Laws, or (2) used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation. 
    1. The terms of this license will govern any content, materials, or services accessible from or purchased within the Licensed Mobile Application Software as well as upgrades provided by Licensor that replace or supplement the original Licensed Mobile Application Software.
    1. The license will not be limited by territorial jurisdiction, save and except as provided in Clause 1.2(h).
    1. There shall be no royalty payable by you.
  1. Consent for use of data 
    1. The Licensor does not in any manner require or solicit the disclosure of any sensitive personal information or data, including your health related information, medical records, sexual orientation, gender identity, amongst others (“personal data”). If you choose to disclose such information, you understand and agree that it will be handled in accordance with our ‘Privacy Policy’.
    1. Privacy Policy
      1. Purpose of use: Your personal data, if disclosed by you, will only be used to provide you with relevant and specific health related information, and to put you in touch with professionals, persons and resources which may be useful to you, if you so wish.
      1. Recipients of information: Your personal data will only be accessed by a person specifically authorised by the Licensor for the purpose set out above, who will be under an obligation to keep the information confidential. 
      1. Third Party Disclosure: Your personal data will not be disclosed to a third party, unless you consent for such disclosure. Such disclosure will only be made for the purposes of providing to you assistance and referrals related to tuberculosis, health and nutrition related information and services. This, however, is subject to any mandatory requirements of any law for the time being in force.
      1. Name and Address of agency collecting and retaining information: Pi Consulting, New Delhi
      1. You may review your personal data held by the Licensor and ask for it to be corrected. 
      1. You may refuse to give your personal data and understand that in such event, the Licensor may decline to provide further services or referrals to you.
      1. At any time after you have disclosed your personal data, you may withdraw consent for having it stored, at which time the Licensor will remove the information from its records, including its servers and any copies made of such information, and intimate you of such removal. 
      1. Grievance Officer: Any grievance with regard to the Privacy Policy may be addressed to nfo@talkingtb.com
      1. Security: The Licensor has adopted the use of security measures to protect your personal data. [Describe security for data storage and for data transmission.]
    1. The Licensor may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Mobile Application Software. The Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
  1. Intellection Property Rights 
    1. All intellectual property rights in the Licensed Mobile Application Software, all documents and other such information made available through the Application belong to the Licensors and the rights in the Licensed Mobile Application Software are licensed to you for your personal use, in accordance with the terms of this agreement. You have no other rights in the said intellectual property. 
    1. If any law for the time being in force permits the use of any of the intellectual property of the Licensor, or part thereof, sufficient attribution must be given to the Licensor or its assignees.
  1. Limitation of Liability
    1. The Licensed Mobile Application Software has not been developed for your individual needs and requirements, but only for the dissemination for general information related to tuberculosis, general health and nutrition. 
    1. The documents made available through the Licensed Mobile Application Software, including any medical information, and information provided through the chat function, is for general informational purposes only and does not constitute medical advice. You are advised to obtain specific medical advice independently of the use of the Licensed Mobile Application Software.
    1. The Licensor does not guarantee the time bound provision for the provision of services or information. No liability shall be attributed to it for any delay in the provision of such services or documents. 
    1. The Licensed Mobile Application Software, the information provided therein and the chat feature, do not constitute emergency services, medical or otherwise, and no liability shall to attribute to the Licensor for failure to provide such services. 
    1. The Licensor may discontinue any of the features of the Licensed Mobile Application Software at any time, without notice, including the chat feature, for which it shall bear no liability. 
    1. To the extent not prohibited by law, in no event shall the Licensor be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damage to health, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use of or inability to use the licensed application, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if licensor has been advised of the possibility of such damages. In no event, shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of Rs. 5,000/- (five thousand rupees only). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
  1. External Services
    1. The Licensed Mobile Application Software may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You may agree to use the External Services at your sole risk. The Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. The data displayed by any External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. 
    1. You will not use the External Services in any manner that is inconsistent with the terms of this agreement or that infringes the intellectual property rights of Licensor or any third party. 
    1. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. 
    1. The Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time, without notice or liability to you. 
    1. To the extent the Software is bundled with third party software programs; these third party software programs are governed by their own license terms, which may include open source or free software licenses. Nothing in this Agreement limits an end user’s rights under, or grants the end user rights that supersede, the terms of any such third party software.
  1. No Warranty and Support
    1. You expressly acknowledge and agree that use of the licensed application is at your sole risk. To the maximum extent permitted by applicable law, the licensed application and any services performed or provided by the licensed application are provided "as is" and “as available,” with all faults and without warranty of any kind, and Licensor hereby disclaims all warranties and conditions with respect to the licensed application and any services, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of non-infringement of third-party rights. 
    1. No oral or written information or advice given by Licensor or its authorized representative shall create a warranty. Should the licensed application or services prove defective, you assume the entire cost of all necessary servicing, repair, or correction.
  1. Termination
    1. We may terminate this EULA immediately by written notice to you:
      1. if you commit a material or persistent breach of this agreement, which you fail to remedy (if remediable) within 3 days after the service of written notice requiring you to do so;
      2. if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; and
      3. on five days notice.
    1. On termination for any reason, all rights granted to you under this agreement shall cease; you must immediately cease all activities authorised by this agreement; and you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and information received therefrom then in your possession, custody or control and certify to us that you have done so. 
  1. Communication between us
    1. If you wish to contact us in writing, or if any condition in this agreement requires you to give us notice in writing, you can send this to us by e-mail at nfo@talkingtb.com 
    1. If we have to contact you or give you notice in writing, we will do so by e-mail to the email address you provide to us in registration.
  1. Events outside our control
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this agreement that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks.
  1. Other important terms
    1. The Licensor may transfer its rights and obligations under this agreement to another organisation, but this will not affect your rights or our obligations under this agreement. 
    2. You may not transfer your rights or obligations under this agreement to another person.
    3. Each of the conditions of this agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 
  1. Choice of Law and Venue

This agreement shall be governed by the laws of India except that the United Nations Convention on the International Sale of Goods shall not apply. You hereby consent to jurisdiction of the courts of New Delhi, India

  1. Complete Agreement

This agreement is the entire agreement between you and the Licensor relating to the Licensed Mobile Application Software and the documents and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the subject matter covered by this the agreement.