Last
updated: 08-10-2021
This
End User License Agreement (“Agreement”) is a legal and binding agreement
entered into between Epsilon International, having its registered place of
business at 151, Powai Plaza, Near Hiranandani Gardens, Powai, Mumbai,
Maharashtra, India, PIN – 400076, (“Epsilon”, “We”, “Us” or “Our”), and any person,
company, or other legal entity copying, downloading, installing, and using, or
otherwise utilising Our downloadable software application “Kenspan” (“You”, or
“Your”)
IMPORTANT
– By downloading, installing, or using the Kenspan software, You represent that
You agree to be bound by the terms of this Agreement. In the event that You are
accepting the terms of this Agreement on behalf of another person, company, or
any other legal entity, You represent and warrant that You have full authority
to bind such other person, company, or other legal entity to the terms of this
Agreement.
By
downloading, installing, or using the Kenspan software, You also represent that
You agree to be bound by the applicable Terms of Use and Privacy Policy
accessible at www.epsilon.in and www.kenspan.com.
In
the event that You do not agree to the terms of this Agreement, do not install,
copy, access, use, or otherwise utilise the Kenspan software, and immediately
delete all copies of the Kenspan software in your possession.
License
Epsilon
hereby grants You a revocable, non-exclusive, non-transferable, limited license
to download, install and use Kenspan software (hereinafter referred to as
“License”) during the term, and in conformity with the conditions set out in
this Agreement. The number of instances of Kenspan software and the
corresponding number of devices that can be linked to the Kenspan software
shall vary as per number of ‘Packages;’ and v’iewer’ licenses purchased by You.
Upon
Your purchase of a License to Kenspan, You will be provided with a unique key containing a combination of characters (“Product Key”)
which is required to authenticate the License. The Product Key shall be sent to You
through your registered email id on purchase of each License. You may also
generate a Free Trial Product Key by signing into your registered account on
the www.kenspan.com website. The Product
Key is required to activate the Kenpan software after it is successfully
installed on Your computer. Should you opt to purchase more than one License, a
separate Product Key will be sent to Your registered e-mail Id for each such
License. You are required to activate the Kenspan software separately on different
machines for utilizing each of these Product Keys.
The License provided
under this Agreement shall be limited to the usage of the Kenspan software for
the creation of a “Data Dictionary” (which shall mean all the metadata details for the User-specified MS SQL Server
database as created in the Kenspan software) of your MS-SQL Server Database,
and for utilization of such other features as mentioned in the website www.kenspan.com. The number of Data
Dictionaries (‘Data Dictionary Credits’) that can be created, and the extent of
the relevant features available would vary as per the specific bundle of
features and purchase opotions (“Package”) and corresponding number of units of
Packages purchased by You. The coverage of features and
the Data Dictionary Credits available are bundled under the various Package
variants / options presently named as ‘Basic’, ‘Standard’ or ‘Premium’, and
having a varied range of features and purchase options. The relevant coverages against
respective Package is more explicitely mentioned in the website www.kenspan.com. You may opt to increase the
Data Dictionary Credits at an additional applicable cost payable at the time of
Your purchse of the specific License. The names of these Packages and their
respective coverage are subject to change at Our sole discretion which will be
duly published on the www.kenspan.com
website.
A
Data Dictionary created in any Package type (“Source Package Variant”) can be
accessed or opened in any other computer having different Package type (“Destination
Package Variant”) provided the Kenspan software used to create Data Dictionary
has a valid and subsisting License. If the License of the Source Package
Variant has already expired at the time of accessing the given Data Dictionary,
then still this can be accessed at the Destination Package Variant provided the
Destination Package Variant has Data Dictionary Credits available to be utilized
and allocated to such Data Dictionary created in the Source Package Variant.
Subject
to the validity of Licenses of both the Source Package Variant and the Destination
Package Variant, only such features / menu-options can be viewed in the Destination
Package Variant that are acommonly available in the Packages associated with
both the Source Package Variant and the Destination Package Variant.
You
may download the Kenspan Software from our website www.kenspan.com, and install the
downloaded setup file in your computer through easy clicks, and as per readily available
instructions displayed during the installation process.
In
the event that You are availing of the Kenspan software during the Free-trial
Period (as defined below), Your access to certain aspects/features/applications
of the Kenspan software may be limited, until You purchase the full License on
the www.kenspan.com website.
Types
of Users
The
Types of Users of the Kenspan software are as under:
·
Kenspan Creators (hereinafter called ‘Creators’) are those Users who primarily
have the rights to
create the Data Dictionary.
Creators have access
to the Kenspan software
Package during its
active License
period. Depending on the type of the Kenspan Package (Basic, Standard, Premium)
purchased by You, Creators also have other privileges like
to export / import data from and to Kenspan, add/modify/delete any data objects
in the Kenspan
software, and also to use host of other features
and functions in Kenspan software, as specified from time to time on the
www.kenspan.com website.
·
Kenspan Viewers (hereinafter called ‘Viewers’):
Optionally, you can also purchase an add-on Kenspan
Viewer license at the time of Your purchase
of Kenspan software. Based
on the number of Viewer licenses purchased by You, as many Viewer Product Keys will be sent to you on your
registered email id. The Users
accessing the Kenspan Viewer Software
are the Kenspan Viewers. Viewers have limited access to view the Data
Dictionary created by Creators, but have no rights
to create Data Dictionary or undertake any data posting in the Kenspan software, including postings
related to export / import of data, or any addition/modifications/deletion of data objects in the Kenspan software. The Viewers can access and view only those Data
Dictionaies that are
created under valid and subsisting Licenses, and only those features / menu options can be
viewed that are covered under the specific Package linked to such
License.
Users accessing the
Kenspan software through a Free Trial Product Key will have limited access to
the features of the Kenspan software, however, there are no separate Viewer
Product Keys generated for the same.
Reinstallation
Policy
Upon
Your purchase of the License, You are granted a unique product key, which is
required to authenticate Your downloaded copy of the Kenspan software, as well
as the computer device linked to Your Licensed copy of the Kenspan software. Your
computer having the installed Kenspan software will be required to have an Internet
access to validate the product key during software product activation.
In
the event that the Kenspan software is not accessible due to a genuine machine
formatting error, or corruption of the setup file of the Kenspan software, You will
be provided with one more opportunity of Your product key authentication upon Your
specific request for the same registered through by logging into Your User
account on the www.kenspan.com website. Upon Your fresh
download/installation of Kenspan software You will be able to re-activate the
Kenspan software ONLY ONCE using the same Product key that was emailed to You upon
Your purchase of the respective License. In the event of any need arising for subsequent
reinstallations of the Kenspan software after the first reinstallation, You are
required to purchase a new License, and We will provide You a new product key
for authentication of the same.
After
you have re-authenticated Your Product Key and activated Your Kenspan software,
You are not permitted to use any active Kenspan software from the previous
authentication for the same Product Key, and You are required to immediately
delete the same failing which it will be a breach of this Agreement, and Your
License will be liable to be terminated automatically, with no liability or
recourse against Epsilon.
You
will not be permitted to re-activate the Kenspan software through Your
existing License, in the event that You tamper with, re-engineer, or otherwise
modify the Kenspan software or its database by adding, updating, or deleting
any of the existing components or database objects thereof. Any such act by You,
will automatically lead to the termination of Your License granted under this
Agreement.
License
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 Kenspan software or make the Kenspan
software available to any third party, or to the general public;
b) decompile,
disassemble, or reverse engineer the Kenspan software, in whole or in part, and
You shall not attempt to obtain the source code of the Kenspan software in any
other manner;
c) carry out any action
that is to the detriment of Epsilon International, or any of Our intellectual
property rights;
d) reject, avoid, elude,
remove, circumvent, or evade, in any way, any protection mechanism of the
Kenspan software, including but not limited to any mechanism used to restrict
or control functions of the Kenspan software and/or the Licenses provided by Us;
e)
provide,
or offer access to any third parties to any restricted online access keys, Product
Keys, User account details, or other details relating to Your account or
License to the Kenspan software.
Free-trial
Period
Epsilon
International offers a 14-day free trial period (“Free-trial Period”) for using
the Kenspan software. During this Free-trial Period, You may avail of most of the features of the Kenspan software, however
the number of data sets or records of your MS-SQL database displayed through
the Kenspan software may be limited. The Data Dictionary created or any other
data / records built during Your trial period shall not be available in Kenspan
software upon Your purchase of a License. Upon Your purchase of a License to
the Kenspan software, You are required to freshly import databases or create
Data Dictionary(ies) subsequent to Your License activation.
After
the expiry of the Free-trial Period, You are required to purchase a License
from the www.kenspan.com website, if You
intend to continue using the Kenspan software. If You do not wish to continue
using the Kenspan software after the expiry of the Free-trial Period,
immediately delete all copies of the Kenspan software in Your possession.
The
version of the Kenspan software accessible during the Free-trial Period can be
fully activated by You, to avail of all the features and functionalities of the
Kenspan software, after purchasing of the License, and authenticating Your copy
of the Kenspan software with the product key provided by Us.
Return
and Refund Policy
In
the event that You are dissatisfied with the Kenspan software, or any of its
functionalities, You may opt to delete all copies of the Kenspan software in
Your possession and terminate this Agreement, and the License provided
thereunder. However, You are not entitled to any refund in any form, in the
event that the Kenspan software does not meet Your commercial expectations, or
otherwise inapplicable to Your particular database/software project. You are
required to ascertain and evaluate the compatibility of the Kenspan software to
Your specific expectations during the Free-trial Period, as defined above.
In
the event that You encounter any bug, error, or any other gross anomaly which
severely affects, impedes, or otherwise hinders the functioning of the Kenspan
software during Your use thereof, You are required to report such bug, error,
or gross anomaly to our technical support team through Your registered account
on the www.kenspan.com website within one
(1) week of encountering such bug, error, or other gross anomaly. The request/report
should be made through the relevant screen after signing-in to Your registered
account, and submitting through it Your support request along with all required
screen-shots and event details. If We are unable to resolve such bug, error, or
other gross anomaly within a period of two (2)
months from the date of Your report, You shall be entitled to a refund
of the amount paid by You, on a pro-rata basis and limited to the remainder of
the Term of the License from the date of Your report of such bug, error, or
other gross anomaly.
Technical
Support
In
the event that You require any technical assistance for using of the Kenspan
software, or encounter any bug, error, or anomaly in the working of the Kenspan
software, You may register a support request with us by signing into Your registered
account and filling and submitting relevant details through the screen provided
therein.. Upon registration of Your complaint/request, We will strive to
resolve Your issue through the provision of either a software update/patch for
the Kenspan software made available on the www.kenspan.com website, or through
technical guidance through any mode of communication, as applicable. For Your
routine requirements of guidance or Your how-to use requests, You are required
to refer to various resurces available on the website www.kenspan.com which We shall endeavour
to periodically update.
Technical
Limitations
The
present version of the Kenspan software supports building Data Dictionary only
for MS-SQL Server database version 2008 or later. Further, as the Kenspan
creates and stores Data Dictionary in Microsoft’s SDF Server Compact (SQL CE) database
that has size limitation of approximately 4 GB, there is limitations with
respect to the overall data size of up to 4 GB
of the Data Dictionary that can be created and stored
Kenspan Database and backup
requirements
Upon
Your installation of the Kenspan software, the MS SQL Server 2016 Express
LocalDB gets automatically installed in Your computer if this Server if not
already installed before. The Master Database File (‘MDF’) database component
of Kenspan contains the critical components and other licenses required to run
the Kenspan software. You are not permitted to access, add, modify,
re-engineer, or undertake any form of changes/modifications to this database as
that may severely impact the smooth working of the Kenspan software, and Your License
shall be terminated immediately upon such access, addition, modification,
re-engineering, or other such change being made by You.
The
Data Dictionary created by You in the Kenspan software gets saved in a separate
database that is of the type Microsoft’s SQL Server Compact (SQL CE) database.
The Data Dictionary so created takes the form of an independent file having a
‘.kenspan’ file extension, which can be stored at Your chosen location. While
storing this file, a folder gets created that also stores other attachments and
files of Kenspan. For Your backup requirements, You are required to take
complete backup of this root folder as a whole as against taking backup of any
individual or isolated files from this folder, and You may safely store this
backup for Your use.
The
Data Dictionary contained in .kenspan files can be opened in any Kenspan Package
/ Viewer available with You provided it is linked to a valid and subsisting License,
and sufficient Data Dictionary Credits are available on Your Kenspan software.
Modifications
to Kenspan Software
The
License validly purchased through Our website www.kenspan.com will also entitle You
to freely avail of all updates/upgrades of the Kenspan software for MS-SQL
Database during Your License period. The latest updates / upgrades shall be
made available on Our website www.kenspan.com. In order to avail
the best use of the Kenspan software, and in order to make use of the latest
enhanced features and functionalities of the Kenspan software, You are required
to install the latest updates / upgrades as and when they are made available on
the www.kenspan.com website during the subsistence of Your License.
The
current version of the Kenspan software is limited to Data Dictionaries on the
MS-SQL server database alone. Newer versions of the Kenspan software may also
extend the functionality of Data Dictionaries to other databases, however, Your
License may or may not extend to such additional functionalities. You may be
required to purchase a new License in order to avail of the Kenspan software’s
additional server databases apart from MS-SQL.
Term
and Termination
1. Free Trial Period
During
the Free-trial Period, this Agreement and the limited License provided
thereunder, shall remain in effect for a period of fourteen (14) days from the
date of the Trial Product Key activation You are required to activate the
Kenspan software available during the Free-trial period, within 30 days from
the date of receipt of the Product Key for such Free-trial Period . We may, in Our
sole discretion, at any time and for any or no reason, suspend or terminate
this Agreement, as well as the License provided thereunder, with or without
prior notice.
2. License Period
Upon
Your purchase of a License through the www.kenspan.com website, You shall
have a valid, subsisting License for a period of three hundred and sixty-five (365)
days . The License period shall commence from the date of utilization of
Product Key/s for activating the Kenspan software, or from the end of 30 days
from the date of receipt of Product Keys, whichever is earlier.In the event of
a breach of any of the provisions of this Agreement, We may, in Our sole
discretion, at any time and for any or no reason, suspend or terminate this
Agreement, as well as the License provided thereunder, with or without prior
notice, and in such case You shall have no claims against Epsilon, whatsoever.
This
Agreement will terminate immediately, without prior notice from Us, in the
event that You fail to comply with any provision of this Agreement. You may
also terminate this Agreement by deleting the Kenspan software and all copies
thereof from Your authenticated computer device.
Collection
of Usage
Details
We
collect the following data, generally captured against the various usages or
events or User interactions, relating to the usage of the Kenspan software by You:
·
Usage
of various menus / sub-menus of Kenspan, usage of various features /
functionalities of Kenspan software, data import / export events, installation
and un-installation of Kenspan software, Data Dictionary creation / connection
/ referencing.
·
The
date and time of the above mentioned events, name of the event, Kenspan Licensing
data (Package name, version number in use), Data Dictionary name, database
name, public IP address, machine number, installation / un-installation date
and time, update/upgrade details (verions, date and time of update).
No data relating to database schema details (names
of tables or columns, stored procedure
codes, etc.) from Your database or data sources, or
any of Your actual data records contained
in Your database are collected.
We
collect the above data to help us undertake required enhancement measures in
Kenspan software, to undertake required awareness / educational activities
relating to the Kenspan features and benefits, to safeguard us from any misuse
or unlawful use of Kenspan, to enable us to provide You with relevant useful
information about Kenspan, to enable Us to underake needful support activities,
and to help protect Epsilon’s interests in the event of any dispute pertaining
to the usage of Kenspan software.
No
Warranties and Limitation of Liability
We
hereby expressly state, and You expressly undertake that the Kenspan software
is provided on an "AS IS” basis. Epsilon International provides no
warranties as to the function or use of the licensed Kenspan software, whether
express, implied, or statutory, including, without limitation, any implied
warranties of merchantability or fitness for a particular purpose, to the
fullest extent permissible by law. The entire risk as to the quality and
performance of the licensed program lies with You. We do not warrant that the
functions contained in the Kenspan software will meet Your requirements or that
the operation of the licensed programs will be uninterrupted or error-free.
Epsilon
International’s liability to You under any provisions of this Agreement for any
damages if finally awarded, shall be limited to the amounts actually paid
hereunder by You to Epsilon International. In no event shall We be liable for any
indirect, incidental, special or consequential damages, including loss of use,
loss of profits or interruption of business, however, caused or on any theory
of liability.
Severability
If
any provision of this Agreement is held to be unenforceable or invalid, such
provision will be changed and interpreted to accomplish the objectives of such
provision to the greatest extent possible under applicable law and the
remaining provisions will continue in full force and effect.
Amendments
to this Agreement
Epsilon
International reserves the right, at its sole discretion, to modify or replace
this Agreement at any time, and may post such modifications or replacements on
Our website(s), and such modifications or replacements will be effective
immediately and binding upon You, without any further notice. By providing Your
consent to this Agreement, You also undertake to be bound by any amendments
made thereto by Us.
In the event that any amendments made to this
Agreement are not amenable to You, You may inform Us of Your non-acceptance
within seven (7) days of publishing of such amendment. Upon such non-acceptance
being communicated to Us, Your License would be terminated immediately, and You
may be entitled to a refund of the License fee paid by You, on a pro-rata basis
and limited to the remainder of the Term of the License from the date of Your
communication of non-acceptance of the amendments to this Agreement.
Governing
Law
This
Agreement shall be governed and interpreted by the laws of India. The courts of
Mumbai shall be the appropriate venue and jurisdiction for the resolution of
any disputes hereunder. Both parties hereby consent to such personal and
exclusive jurisdiction.
Any
and all disputes under this Agreement shall be referred to a sole Arbitrator,
who shall be mutually appointed by the parties. However, if the Parties are
unable to mutually appoint an arbitrator, such arbitrator shall be appointed by
the competent court in Mumbai having appropriate jurisdiction as per the
Arbitration and Conciliation Act, 1996 (as amended from time to time)
(“Arbitration Act”). The venue of the arbitration shall be Mumbai. The
proceedings of the arbitration shall be in English. The parties hereby agree
that the arbitrator’s award shall be binding on the parties. The arbitration
proceedings shall be governed by the Arbitration Act. All costs of such
arbitration shall be borne equally between the parties.
Contact
Information
If
You have any questions about this Agreement, please contact us at epsilon@epsilon.in
