End User License Agreement (EULA) - Ver 1.0

EXZATECH SOFTWARE LICENSE

This EXZATECH Software License Agreement (the “Agreement”) is entered into by you and the applicable EXZATECH entity, as described below. If you are an individual accepting this Agreement on behalf of a company or other legal entity, you represent that you are authorized to bind the entity to the terms of this Agreement and “You” or “Your” will refer to the entity bound to this Agreement, not to you as an individual.

By using or accessing the Software, signing this Agreement or any document that references this Agreement (such as an Order), or by clicking “I agree to the Terms” (or similar button or checkbox) upon using SaaS service or downloading or installing the Software, You indicate Your assent to be bound by this Agreement. If You do not agree to this Agreement, do not use or access the Software.

  1. Definitions
    1. Order” is a document submitted by You authorizing the purchase of the Products requested by You, the Support Plan, associated fees, and any additional terms.
    2. Products” means collectively Software, Support and/or other Services obtained by You from EXZATECH subject to the terms of this Agreement.
    3. Software” means the computer programs developed and owned by EXZATECH to which this License Agreement is attached, however you obtain or access them. Software includes security patches, updates, or other modifications to the Software supplied by EXZATECH.
    4. Services” means training, consulting and other services, other than Support, specified in an Order.
    5. Support” means support provided by EXZATECH to a Subscriber for the Software according to the terms of the EXZATECH Support Services described in Section 4.1.
    6. Support Plan” means the service level specified in an Order, from among the levels defined in the Support Services Policy.
    7. Subscription” is a commercial offering from EXZATECH consisting of a license to use, and access to Support for, the Software, for a specific period of time.
    8. Subscription Period” is the commencement date and duration of a Subscription, as specified in an Order.

2. License Grant

    1. Free License for Personal, Non-commercial, Educational or Trial use. EXZATECH hereby grants You a worldwide, non-exclusive, royalty-free, non-transferable, non-sublicensable, terminable license to use the Software for Non-commercial, Educational, or Trial purposes. Non-commercial, as used in this Agreement, means personal use whereby no commercial advantage or monetary compensation is sought or received for use of the Software or for works, data or services that use the Software. Educational or Trial Use, as used in this Agreement, means used for the purpose of learning to use the Software, teaching others to use the Software, evaluating or demonstrating Software capabilities, or for scholarly or artistic purposes.
    2. License for commercial use. If You purchase a Subscription from EXZATECH or one of its authorized Resellers, EXZATECH hereby grants to You, as “Subscriber”, a worldwide, non-exclusive, non-transferable, non-sublicensable, renewable license to use the Software for the duration of the Subscription Period. This license is limited to the specific Software configuration or limit defined in the Order. The Order will specify the scope of the Subscription purchased by the Subscriber, including: (1) product versions; (2) production or non-production use; (3) usage limits (e.g. cores or transaction limits); and (4) any other license parameters.

3.     Copyright.

All right, titles and interests, including but not limited to intellectual property rights such as copyrights, in and to the Software and any copies thereof, are owned by EXZATECH or its suppliers. All right, titles and interests, including but not limited to intellectual property rights such as copyrights, in and to the content which may be accessed through the use of the Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. All rights not expressly granted are reserved by EXZATECH.

            4.    Conditions of Use.

A license granted to You by this Agreement is valid only if You adhere to the following conditions.

    1. Maintenance of Copyright Notices. You shall not remove or alter any copyright or license notices that appear in or on the Software.
    2. Modification. You shall not modify, alter, decompile, decrypt, disassemble, translate, or reverse engineer the Software.
    3. Distribution. You shall not sublicense, transfer, lease, rent, or otherwise distribute or make available the Software to any third party.
    4. SaaS. Unless authorized by EXZATECH, You shall not make the Software available as commercial Software-as-a-Service.
    5. Compliance with Applicable Laws. You shall comply with all applicable laws regarding use of the Software

5.    Subscription Terms and Conditions

If You purchase a Subscription, the following terms and conditions apply.

    1. Support. EXZATECH will provide Subscriber with Support for the Software during the Subscription Period according to the Support Plan indicated in the applicable Order, and subject to the EXZATECH Support Policy set forth at https://portals.exzatechconsulting.com/support-policy
       Each Subscription includes Query Support subject to a maximum hours limit as indicated in the Order. Limits can be increased subject to additional fees. The maximum hours limit is reset upon renewal for a subsequent annual period; unused hours cannot be rolled over into the next annual period.
    2. Technical Currency. EXZATECH will provide Subscriber with all new versions of the Software that it generally releases, including all updates, security updates, improvements, enhancements and bug fixes. All new versions of the Software are provided subject to the terms of the Agreement.
    3. Online Services. A Subscription may include online services. Use of these online services is governed by the exzatechconsulting.com Terms of Use at https://portals.exzatechconsulting.com/terms-of-use#scrollTop=0, the EXZATECH Privacy Policy at https://portals.exzatechconsulting.com/privacy-policy#scrollTop=0, and the EXZATECH Cloud Terms of Use at https://portals.exzatechconsulting.com/cloud-terms-of-use
    4. Increases in Software Use. Subscriber may increase its use of the Software during the Subscription Period beyond the scope specified in the applicable Orders, provided that Subscriber promptly notifies EXZATECH of the additional use and pays the applicable Fees.
    5. Bursting Use. Subscribers may temporarily exceed the Subscription limits, at no extra Fee, within the bursting limits for the Product (“Authorized Bursting Use”). If Subscriber increases its use beyond Authorized Bursting Use, it must notify EXZATECH, increase the allowed usage limits retroactively to the period where limits were exceeded, and pay the applicable Fees. For products limited to a maximum number of cores, Authorized Bursting Use allows up to 3 days (discrete 24-hour periods) within an annual Subscription period during which the core count may exceed the Subscription limit by no more than 25%. For products limited to a maximum number of monthly transactions, Authorized Bursting Use allows transactions up to 25% over the monthly cap, within a single calendar month per annual Subscription period.
    6. Subscription Renewal. Subscriptions automatically renew for additional periods equal to one year unless the Subscriber notifies EXZATECH in writing that it wishes to renew for a longer period, or to end the Subscription at least 90 days prior to the end of the Subscription Period. Upon renewal, unit fees increase by 5%, unless provided otherwise in an Order. Renewal of promotional or one-time priced Subscriptions will be at EXZATECH’s applicable price list in effect at the time of the discount was granted. Fees for renewal are due according to the Fees and Payment terms of this Agreement.
    7. Termination for Change in Services. EXZATECH may change the terms of Support or Services from time to time without affecting the validity of this Agreement. In the event of any material changes, EXZATECH will attempt to provide Subscriber notice by sending an email to the point of contact address provided by Subscriber. In the event of a material and adverse change to the terms of Support or Services, Subscriber has the right to terminate this Agreement upon 30 days’ notice to EXZATECH at the following email address: [email protected]. In the event of such termination, EXZATECH shall reimburse the Subscriber a pro-rata amount of any fees actually prepaid by the Subscriber.
    8. Remedies. EXZATECH’S SOLE OBLIGATION AND SUBSCRIBER’S SOLE REMEDY FOR EXZATECH’S BREACH OF ANY REPRESENTATIONS, WARRANTIES OR OBLIGATIONS OF THIS AGREEMENT IS TO (I) IN THE CASE OF A DEFECTIVE OR FAULTY BUG FIX, PATCH OR THE LIKE, DELIVER TO THE SUBSCRIBER A CORRECTED VERSION WHICH ALLOWS FOR PROPER INSTALLATION; OR (II) IF OPTION (I) IS NOT RELEVANT OR IS DEEMED NOT TO BE COMMERCIALLY FEASIBLE BY EXZATECH, TERMINATE THIS AGREEMENT AND REFUND A PRO-RATA PORTION OF THE FEES PAID BY SUBSCRIBER.
    9. Audit. Upon EXZATECH’s request with reasonable notice, Subscriber will permit technical and operational audits of Subscriber related to the subject matter of this Agreement. Audits may include verifying Subscriber’s usage of the Software conforms to the usage limits purchased by Subscriber. Audits shall be carried out within Subscriber’s regular business hours and EXZATECH will honour confidentiality and data protection requirements. If non-compliance is discovered in an audit, the Subscriber will be responsible for all costs associated with carrying out such an audit. In addition, where a such audit reveals Subscriber has exceeded the usage subscribed for, Subscriber shall pay EXZATECH prorated fees for the excess usage at the same rate(s) designated in the most proximate Order. If the date excess usage began cannot be determined to EXZATECH’s satisfaction, excess usage shall be deemed to have commenced on the start date of the Subscription. 

6.    EXZATECH Consulting Services

QuickStarts, Training, Technical Account Management, Managed Services, and other services EXZATECH may offer to Subscriber are subject to the following terms.

    1. Consulting Services Terms. EXZATECH provides on-site and remote consulting services according to the Consulting Service Terms at https://portals.exzatechconsulting.com/consulting-svcs-terms-of-use#scrollTop=0, as updated or amended from time to time.
    2. Managed Services Terms. EXZATECH provides Managed Services according to the EXZATECH Managed Services Terms and Service Level Agreement at https://portals.exzatechconsulting.com/managed-svcs-terms#scrollTop=0.
    3. Cloud Services Terms. EXZATECH provides Cloud Services according to the EXZATECH Cloud Services Terms and Service Level Agreement at https://portals.exzatechconsulting.com/cloud-terms-of-use.
    4. Independent Contractor. The relationship of the parties is that of independent contractors. Neither party nor any partner, agent or employee of either party, has authority to enter into contracts that bind the other or create obligations on the part of the other without the prior written authorization of the such party
    5. Non-solicitation. During the term of this Agreement and for a period of one (1) year after its termination, neither party will directly or indirectly (a) solicit for hire or engagement any of the other party’s personnel who were involved in the provision or receipt of Services under this Agreement or (b) hire or engage any person or entity who is or was employed or engaged by the other party and who was involved in the provision or receipt of Services under this Agreement until one hundred eighty (180) calendar days following the termination of the person’s or entity’s employment or engagement with the other party. For purposes herein, “solicit” does not include broad-based recruiting efforts, including without limitation help wanted advertising and posting of open positions on a party’s internet site. If You hire or engage directly or indirectly any personnel of EXZATECH in violation of this section, You will pay EXZATECH a contractual penalty equal to three times the monthly billing rate (assuming 168 hours per month) for such personnel.

7.    Reseller Orders

This Section applies if You purchase Products through an authorized reseller of EXZATECH (“Reseller”).

    1. Instead of paying EXZATECH, You will pay the applicable amounts to the Reseller, as agreed between You and the Reseller. EXZATECH may suspend or terminate Your Subscription if EXZATECH does not receive the corresponding payment from the Reseller.
    2. Instead of an Order submitted to EXZATECH, Your order details will be as stated in the order placed with EXZATECH by the Reseller on Your behalf, and the Reseller is responsible for the accuracy of any such order as communicated to EXZATECH.
    3. If You are entitled to a refund under this Agreement, then unless otherwise specified by EXZATECH, EXZATECH will refund any applicable fees to the Reseller and the Reseller will be solely responsible for refunding the appropriate amounts to You.
    4. Resellers are not authorized to modify this Agreement or make any promises or commitments on EXZATECH’s behalf, and EXZATECH is not bound by any obligations to You other than as set forth in this Agreement.
    5. The amount paid or payable by the Reseller to EXZATECH for Your use of the applicable Software under this Agreement will be deemed the amount actually paid or payable by You to EXZATECH under this Agreement for purposes of calculating the liability cap in Section 13.

8.    Publicity and Feedback

    1. EXZATECH Logos. EXZATECH products may include features for theming the product user interfaces. You will retain the “EXZATECH” or “powered by EXZATECH” logos in conformance with EXZATECH Logo Usage Guidelines at https://portals.exzatechconsulting.com/brand-terms#scrollTop=0
    2. Publicity. You may state publicly that You are a user of the Products. Any identification or use of a party’s brand, logo, or trademark shall conform with the trademark use guidelines provided by one party to the other. EXZATECH may reference you as a Customer and use Your logo on the EXZATECH website. You will participate in a success story/case study related to EXZATECH.
    3. Feedback. If You provide any suggestions, corrections, or feedback regarding the Products, EXZATECH may use that information without obligation to You, and You hereby irrevocably assign to EXZATECH all right, title, and interest in the suggestions, corrections, or feedback.

9.    Fees and Payment

    1. Fees. After You authorize an Order, upon renewal of a Subscription, or for other fees due to EXZATECH, EXZATECH will send you an invoice. You will pay all fees specified in the invoices. All payments are due within thirty (30) calendar days of receipt of an invoice from EXZATECH and are non-refundable. EXZATECH may suspend or cancel the performance of all or part of the Subscription or Services and may change its credit terms (after notifying You) if actual payment is not received within forty-five (45) calendar days of Your receipt of EXZATECH’s invoice. Payments past due forty-five (45) calendar days will incur interest at the rate of one and one-half percent (1.5%) per month or the highest rate permitted by law, whichever is less. In any proceeding brought by EXZATECH to collect amounts due, EXZATECH will also receive its actual costs of collection, including reasonable attorney's fees.
    2. Taxes. All fees are exclusive of any applicable Taxes. You will pay to EXZATECH an amount equal to any taxes arising from or relating to this Agreement, including without limitation, sales, service, use or value added taxes, which are paid by or are payable by EXZATECH. "Taxes" means any form of taxation, levy, duty, customs fee, charge, contribution or impost of whatever nature and by whatever authority imposed (including without limitation any fine, penalty, surcharge or interest), excluding, however, any taxes based solely on the net income of EXZATECH. If You are required under any applicable law or regulation, domestic or foreign, to withhold or deduct any portion of the payments due to EXZATECH, then the sum payable to EXZATECH will be increased by the amount necessary so that EXZATECH receives an amount equal to the sum it would have received had Subscriber made no withholdings or deductions.
    3. Purchase Orders. Any pre-printed terms on any purchase order that is issued by You that are in addition to or in conflict with the terms of this Agreement are null and void.

10.    Term & Termination

    1. Termination. This Agreement terminates when:
      1. Your Subscription terminates,
      2. when You cease using the Software, or
      3. if You do not have an active Subscription, 90 days after EXZATECH notifies You that it wishes to terminate the Agreement.
    2. Termination for Cause. Either party may terminate this Agreement on written notice to the other if the other party fails to comply with this Agreement after it has been notified in writing of the nature of the failure and been provided with 30 days after receiving the written notice to cure the failure.
    3. Effect of Termination. Upon termination of this Agreement:
      1. the rights granted by one party to the other immediately cease;
      2. all fees owed by Subscriber are immediately due upon receipt of the final invoice; and
      3. You will delete the Software immediately.
    4. Survival. Sections 6.5, 9.1, 11.2, 13, and 15.9, and those provisions intended by their nature to survive termination of this Agreement survive termination. Section 14 will survive termination of this Agreement for 3 years.

11.    Limited Warranties

    1. Warranties for Subscriber. If You are a Subscriber, EXZATECH warrants that:
      1. the Software will perform substantially in accordance with its documentation.
      2. it will perform Support and Consulting Services in a diligent and workmanlike manner consistent with industry standards; and
      3. to its knowledge, the Software does not, at the time of delivery to you, include malicious mechanisms or code for the purpose of damaging or corrupting the Software.

Subscriber’s exclusive remedy for EXZATECH’s material breach of warranty is to have EXZATECH resolve such breach as provided in the EXZATECH Support Services Policy, or at EXZATECH’s option and upon Subscriber’s deletion of the Software, refund the unused portion of any fees paid for the Subscription.

    1. EXCEPT AS EXPRESSLY PROVIDED IN THE AGREEMENT, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES, SOFTWARE, AND SUPPORT PROVIDED BY EXZATECH ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO WARRANTY, WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED BY EXZATECH OR MAY BE INFERRED FROM A COURSE OF DEALING OR USAGE OF TRADE. NOTHING STATED IN THIS AGREEMENT IMPLIES THAT THE OPERATION OF ANY SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ERRORS WILL BE CORRECTED.

12.    Indemnification

If You are a Subscriber, the provisions of this section apply to You.

    1. Subject to the provisions of this Section 12, and commencing from the start of the Subscription Period, EXZATECH will defend at its expense any suit brought against Subscriber and will pay any settlement EXZATECH makes or approves, or any direct damages (excluding amounts awarded for reputation harm or business impact) finally awarded in such suit, insofar as the such suit is based on a claim by any third party alleging that the Products misappropriate any trade secret recognized or infringe any copyrights or patents valid within the Subscription Period (an “IP Claim”). EXZATECH’s indemnification obligations are limited to INR 50,00,000 or the US $ 65,000.
    2. If any portion of the Software or the Services becomes, or in EXZATECH’s opinion is likely to become, the subject of an IP Claim, EXZATECH may, at EXZATECH’s option: (i) procure for Subscriber the right to continue using the Products; (ii) replace the Products with non-infringing software or services which do not materially impair the functionality of the Products; (iii) modify the Products so that it becomes non-infringing; or (iv) terminate this Agreement and refund any fees actually paid by Subscriber to EXZATECH for the remainder of the Term then in effect, and upon such termination, Subscriber will immediately cease all use of the Software, documentation, and Services.
    3. Notwithstanding anything to the contrary herein, EXZATECH has no obligation with respect to any IP Claim based upon (i) any open source software components included in the Software; (ii) any use of the Software or the Services not in accordance with this Agreement or as specified in the documentation; (iii) any use of the Software in combination with other products, equipment, software or data not supplied by EXZATECH; or (iv) any modification of the Software by any person other than EXZATECH or its authorized agents. This Section states the sole and exclusive remedy of Subscriber and the entire liability of EXZATECH, or any of the officers, directors, employees, shareholders, contractors or representatives of either party, for IP Claims.
    4. The indemnifying party’s obligations as set forth above are expressly conditioned upon complying with each of the following: (i) the indemnified party must promptly notify the indemnifying party in writing of any threatened or actual claim or suit; (ii) the indemnifying party will have sole control of the defence or settlement of any claim or suit; and (iii) the indemnified party must cooperate with the indemnifying party to facilitate the settlement or defence of any claim or suit.

13.    Limitation of Liability

EXCEPT FOR DAMAGES FOR BODILY INJURY (INCLUDING DEATH), EXZATECH’S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT IS LIMITED TO THE AMOUNT OF FEES PAID BY YOU DURING THE PERIOD OF A MATERIAL BREACH UP TO A MAXIMUM OF ONE YEAR. IF YOU HAVE PAID NO FEES, OR ARE A NON-COMMERCIAL, EDUCATIONAL, OR TRIAL LICENSEE, EXZATECH’S MAXIMUM AGGREGATE LIABILITY TO YOU IS $100.

IN NO EVENT WILL EXZATECH OR ITS AFFILIATES BE LIABLE FOR ANY INCIDENTAL INDIRECT, SPECIAL, OR CONSEQUENTIAL COSTS OR DAMAGES INCLUDING, WITHOUT LIMITATION, DOWNTIME COSTS; LOST BUSINESS, REVENUES, GOODWILL, OR PROFITS; FAILURE TO REALIZE EXPECTED SAVINGS; LOSS OF OR DAMAGE TO DATA; OR SOFTWARE RESTORATION, REGARDLESS OF WHETHER ANY OF THE FOREGOING ARE FORESEEABLE, AND REGARDLESS OF WHETHER EXZATECH HAS BEEN NOTIFIED OF THE POSSIBILITY OF ANY OF THE FOREGOING. THESE LIMITATIONS APPLY REGARDLESS OF THE BASIS OF LIABILITY; INCLUDING NEGLIGENCE; MISREPRESENTATION; BREACH; LIBEL; INFRINGEMENT OF PUBLICITY, PRIVACY, OR INTELLECTUAL PROPERTY RIGHTS; OR ANY OTHER CONTRACT OR TORT CLAIM.

        14.    Confidentiality

    1. Definition. “Confidential Information” means any information, documentation, system, or process disclosed by a party or a party’s Affiliate that is:
      1. designated as confidential (or a similar designation) at the time of disclosure;
      2. disclosed in circumstances of confidence; or
      3. understood by the parties, exercising reasonable business judgment, to be confidential.

Confidential Information expressly includes proposals or price quotes created by EXZATECH for You, Orders, and any changes or amendments to this Agreement.

Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with a party to this Agreement.

    1. Exclusions. Confidential Information does not include information that:
      1. was lawfully known or received by the receiving party prior to disclosure;
      2. is or becomes part of the public domain other than as a result of a breach of this Agreement;
      3. was disclosed to the receiving party by a third party, provided such third party, or any other party from whom such third party receives such information, is not in breach of any confidentiality obligation in respect to such information; or
      4. is independently developed by the receiving party as evidenced by independent written materials.
    2. Nondisclosure. Each party shall treat as confidential all Confidential Information of the other party, shall not use Confidential Information except as set forth in this Agreement, and shall use best efforts not to disclose Confidential Information to any third party. Without limiting the foregoing, each of the parties shall use at least the same degree of care that it uses to prevent the disclosure of its own Confidential Information of like importance to prevent the disclosure of Confidential Information disclosed to it by the other party under this Agreement. Each party shall promptly notify the other party of any actual or suspected misuse or unauthorized disclosure of the other party’s Confidential Information.
    3. Return of Confidential Information. Upon expiration or termination of this Agreement, each party shall return or destroy all Confidential Information received from the other party.
    4. Remedies. Any breach of the restrictions contained in this section is a breach of this Agreement that may cause irreparable harm to the non-breaching party. Any such breach shall entitle the non-breaching party to injunctive relief in addition to all other legal remedies.

    15.    General

    1. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect.
    2. Force Majeure. Neither party will be liable for performance delays or for non-performance due to causes beyond its reasonable control; however, this provision will not apply to Subscriber's payment obligations.
    3. Headings. The headings in this Agreement are inserted for convenience only and do not affect its interpretation.
    4. Assignment. You may not assign this Agreement, whether by operation of law, merger or reorganization or otherwise, without the prior written consent of EXZATECH; any attempted assignment in violation of the foregoing will be void. EXZATECH may assign its rights and delegate its duties under this Agreement without Your written consent in connection with a reorganization, reincorporation, merger, or sale of all, or substantially all of the shares or assets of EXZATECH or the business of EXZATECH to which this Agreement relates.
    5. Export Compliance / Sanctions. The Software may be subject to export laws and regulations of the India and other jurisdictions. The parties represent that each of them is not named on any Government’s denied-party list. You will not use the Software in violation of any export law or regulation.
    6. Complete Agreement. This Agreement, and any terms, policies, or writings referenced within it, constitutes the final and complete agreement between the parties with respect to the Products and supersedes any prior or contemporaneous representations or agreements, whether written or oral.
    7. Notices. Notice may be directed to EXZATECH at [email protected]
    8. EXZATECH Contracting Entity, Governing Law, and Venue. The EXZATECH entity entering into this Agreement, the law that will apply in any dispute arising out of this Agreement, and the venue for any dispute depend on where You are domiciled.

If You are domiciled in:

The EXZATECH entity entering into this Agreement is:

Governing law is:

The method of dispute resolution is:

INDIA & APAC including Australia & New Zealand

Exzatech, India

Indian Laws

Arbitration in Bangalore, India in accordance with Indian Arbitration Laws or in accordance with the rules of the International Chambers of Commerce (“ICC”)

Europe, Middle East & Africa

Exzatech, Dubai, UAE

Dubai, UAE

Arbitration in Dubai, United Arab Emirates, in accordance with the rules of the International Chamber of Commerce (“ICC”)

Americas

North & Latin America

Exzatech Inc, New Jersey, United States of America

New Jersey, United States of America

Arbitration in New Jersey, United States of America, in accordance with the rules of the International Chamber of Commerce (“ICC”)

    1. Agreement to Governing Law and Dispute Resolution. Each party agrees to the applicable governing law above, and to the exclusive method of dispute resolution. Where the applicable dispute resolution procedure is arbitration, the award rendered by the arbitrator shall be final and binding on the parties, and judgment may be entered in any court of competent jurisdiction. Nothing in the above provision prevents either party from applying to a court of competent jurisdiction for equitable or injunctive relief. Any dispute or other action arising out of this Agreement must be brought within one year of the date the cause of action accrued. An action for non-payment may be brought within two years of the date of last payment.


Open-Source Products/platforms used and provided as is with Exzatech software products:

1.     Keycloak – An Open Source Identity and Access Management platform released under Apache 2.0 licensing. Exzatech’s ExzaEndorse platform is a fork of Keycloak. This platform is also customised and used to authenticate registered users, provide SSO and to store the user profiles in ExzaConcert, Ndryve, ExzaFusion and other products from Exzatech.

2.     MinIO – An Open Source Multi-Cloud Object Storage platform released under AGPL v3 license. MINIO Object Storage platform is used without any modifications to the platform in ExzaConcert, Ndryve to store the user/metadata.

3. Apache Ozone - Apache Ozone is a highly scalable, distributed storage for Analytics, Big data and Cloud Native applications. Ozone supports S3 compatible object APIs as well as a Hadoop Compatible File System implementation. It is optimized for both efficient object store and file system operations. Apache Ozone platform is released under Apache 2.0 License.

3.     Collabora Office – An Open Source office suite based on LibreOffice online, released under Collabora End User License & Subscription Agreement. Collabora Office is provided to you without any modifications for use under the Collabora license agreement.

4.     Rocket.Chat – Open Source – Released under MIT License and the platform is provided to you for use under Exzatech’s own brand.

5.     PostgreSQL – An Open Source RDBMS, used extensively in Exzatech’s Products, is released under PostgreSQL license. The platform is included in all Exzatech’s products without any modifications to store the configuration and/or meta data.