Product Evaluation Request

Before submitting the Product Evaluation Request, please read the End User License Agreement (EULA) for evaluation of the product carefully.

End User License Agreement for ‘FF.FIX Engine™ Trial’

First Futures Software Engineering Pvt. Ltd. (FFS) authorizes you to use its software FF.FIX Engine™ (also referred to as ‘SOFTWARE’ hereinafter) for evaluation purpose. You may use the Software for a trial period of 30 days free of any cost, subject to the following terms and conditions:

TITLE AND RIGHTS:

1. You agree that the ownership of and the title to the Software and all copies in all forms are the property of FFS. You shall not transfer or assign the Software and/or this Agreement to another party without the prior written consent of FFS.

2. You agree that FFS or third parties own all legal rights, titles and interests in and to the Software, including any Intellectual Property Rights that subsist in the Software. ‘Intellectual Property Rights’ means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights. FFS reserves all rights not expressly granted to you.

3. Nothing in this EULA gives you a right to use any of FFS’s trade names, trademarks, service marks, logos, domain names or other distinctive brand features.

4. You agree that FFS reserve rights to change or modify the Software anytime without any notice to you.

5. You agree that FFS has exclusive rights to distribute the Software for evaluation and to stop its evaluation permanently or temporarily.

PURPOSE OF EVALUATION:

6. You agree that purpose of the Software evaluation is to determine whether to enter into the next End User License Agreement for the Software’s commercial use. The commercial use includes but is not limited to the use of software for trading, messaging and similar activities.


7. Barring the testing activities during the evaluation period, you will not extend the Software for commercial use without first agreeing with the terms of a separate End User License Agreement for commercial use of the Software. You can enter into the End User License Agreement for commercial use of the Software, after you communicate to FFS your interest in purchasing it.

TERMS OF USAGE:

8. You agree that you shall use the Software without any modification and for non-commercial evaluation purposes only.

9. This Software is provided on ‘AS IS’ and ‘AS AVAILABLE’ basis, without a warranty of any kind and for a period of 30 days only. The trial period may be extended for a limited period on specific request from you and at the sole discretion of FFS. After the evaluation period completes, you agree to delete all copies of the Software in all forms, as well as supporting documentation.

10. Except to the extent required by applicable third party licenses, you may not copy (except for the backup purpose), modify, adapt, redistribute, decompile, reverse engineer, dissemble or create derivative works of the Software or any part thereof.

11. Except to the extent required by applicable third party licenses, you may not load any part of the Software onto a mobile handset or any other hardware device except a personal computer. You will not combine any part of the Software with other software. You will not distribute/sell any other software or device incorporating a part/module/idea/concept in the Software.

12. You agree that you will not remove, obscure or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Software.

IMPORT/EXPORT RESTRICTIONS:
13. You agree not to import or export the Software or accompanying documentation (or any copies thereof) in violation of any applicable laws or regulations of India or of the country to which it is being imported or exported. You agree to indemnify FFS from liabilities arising out of such activity.

LIABILITY DISCLAIMERS:
14. You agree that regardless of any theory or logic of liability, you will not hold FFS and its licensors responsible for any damages and losses suffered by you because of or relating to use, inability to use, modification or distribution of the software and its derivatives.

15. You agree that you will not hold FFS and its licensors responsible for any and all express or implied conditions, representations and warranties, including but not limited to any implied warranty of merchantability, warranty of fitness for a particular purpose and warranty of non-infringement.

16. You agree that FFS or its licensors shall not be liable for any loss of revenue, goodwill, profit or data arising out of use, inability to use, modification or distribution of the software or its derivatives, even if FFS has been advised of possibility of such damages.

17. You agree that the existence of bugs, errors or defects shall not constitute a breach of this EULA or any warranty.

18. You agree that FFS shall not be responsible for any failure, delay or interruption due to the use of the Software, including without limitation, system crashes, computer malfunctions, hardware or software faults, system errors, security breaches, theft, incompatibility issues, telecommunications problems, fire, flood, civil disturbance or any other event commonly referred to as an “Act of God”.

19. You agree that any statements on FFS’s Website or in its marketing literature or in client proposals shall not be deemed to widen FFS’s obligations under this license.

ACCEPTANCE:
20. You agree to the terms of this EULA by installing, copying or otherwise using this Software or a part thereof.

TERMINATION CLAUSE:
21. You agree that FFS will terminate this license for evaluation of the Software in following circumstances:
A. After expiry of 30 days or the extended period of trial, whichever occurs later.
B. If FFS is required to do it by law.
C. If you violate any terms of this EULA.

D. If the partner with whom FFS offered certain parts of SDK (such as APIs) to you has terminated its relationship with FFS or ceased to offer certain parts of the SDK to you.

GOVERNING LAW:
22. This EULA shall be governed by and is construed in accordance with the substantive laws of India. Indian Courts shall have jurisdiction over all disputes, which may arise in respect to this EULA.

ENTIRE AGREEMENT:
23. You agree that this EULA sets forth the entire agreement between YOU (Licensee) and FFS, and may be amended only in a writing signed by both FFS and YOU. In the event any provision of this EULA is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not be affected or impaired in any way.

If you agree to the EULA above, please fill the Product Evaluation Request Form below and click SUBMIT. By clicking the SUBMIT button, you shall be deemed to have accepted above EULA.

On receiving your Product Evaluation Request, we will review your information. As a policy, we generally do not respond to requests sent from free email IDs like yahoo, gmail, hotmail etc. and would appreciate if you provide your official email ID in the form below. We respect your privacy. After review and at our sole discretion, we will send the download instructions at your email ID. Please make sure that you provide the correct email ID in the form below.

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