END USER LICENSE AGREEMENT

This End User License Agreement ("Agreement") is a legal agreement between you ("User," "End User," "You," "Your", “Sub Licensee”) and the  Director of Town and Country Planning, Municipal Administration and Urban Development Department, Govt. of Telangana ("Government, Supplier, Sub Licensor, Licensee"), which has taken license of  BuildNow Plugin ("Software, Plugin") from Deepwork Technologies Private Limited ("Floww.ai," "Licensor"). The Licensor retains all Intellectual Property Rights, while the Supplier grants a limited sublicense under the terms set forth herein.

By assenting electronically, downloading, installing, or using the Software,  You acknowledge that you have read, understood, and unconditionally accepted all the terms and conditions of this Agreement. Your continued use of the Software shall constitute your irrevocable and conclusive acceptance of these terms. If you do not agree with any part of  this Agreement, do not continue the installation or usage of the Software and delete or destroy all copies of the Software in your possession. You further agree that the act of using the Software is deemed sufficient evidence of your acceptance of this Agreement.

• TERM AND TERMINATION.

  This Agreement is effective on the date Sub Licensee first installs or accesses the Software and will continue to use until terminated. The Agreement may be terminated (a) By the Supplier, at its sole discretion, with or without notice, if the Sub-Licensee breaches any provision of this Agreement (b) By the Supplier by sending written notice of termination  (b) By the Sub-Licensee, upon ceasing all use of the Software and complying with the obligations stated in Section 7(Effects of Termination).
  

  Upon termination due to breach, the termination shall take effect immediately without prior notice, and the Sub-Licensee shall immediately cease all use of the Software and delete all copies in its possession.

•  LICENSE GRANT
  • The Supplier, as an authorized Licensee of the Licensor, grants the End User a limited, non-exclusive, non-transferable, revocable sublicense to use the Software for its intended purpose., as made available through the official website of BuildNow.
  • This license does not grant any rights to modify, reverse engineer, decompile, or distribute the Software beyond its permitted use.
  • The End User shall not (and shall not authorize any third party to):
    • Decompile, disassemble, or otherwise reverse-engineer the Software or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats, or programming interfaces of the Software by any means whatsoever.
    • Sell, sublicense, rent, loan, lease, distribute, market, or commercialize the Software for any purpose, including timesharing or service bureau purposes.
    • Remove any product identification, proprietary, copyright, or other notices contained in the Software.
    • Modify or create a derivative work of any part of the Software or incorporate the Software into or with other products or software not contemplated by this EULA or the Documentation.
• THIRD PARTY LICENSOR RIGHTS.
  
  • The End User acknowledges that the Plugin  uses  software  licensed from Third-Party Licensors, including but not limited to Open Source Software (OSS), which may be subject to separate licensing terms.
  • Third-Party Licensors retain legal rights over their respective software  and may enforce these rights directly against the Sub-Licensee if their licensing terms are violated. Floww.ai ,Suppliers bear no responsibility for any claims or enforcement actions arising from such violations.
  • Floww.ai, its Supplier do not provide any warranty or indemnity for third-party softwares.
• INTELLECTUAL PROPERTY RIGHTS
  • The Licensor retains all right, title and interest in and to the Software including but not limited to all copyrights, trade secrets, patents, trademarks, and other proprietary rights associated with the Software. The Licensor also retains all ownership of any modifications, adaptations, derivative works, translations, enhancements, or updates made to the Software, whether developed by the Licensor or by any third party under the Licensor’s direction.
  • Sub Licensee shall not acquire any rights in or to the Software except for the limited license granted by the Supplier in this Agreement., The User agrees to take reasonable steps to protect the Licensor’s intellectual property. The End User acknowledges and agrees that no part of this Agreement shall be construed as granting any ownership rights in the Software, including its source code, object code, application, or any derivative works.
  • The Sub Licensee  agrees to take reasonable steps to protect the Supplier’s and its Licensor’s Intellectual Property Rights, including but not limited to:
    
    • registered and unregistered trademarks, service marks and logos (including all goodwill associated with any trademarks or trade and business names);
    • copyright, copyright applications, and copyrightable ideas, and/or concepts, moral rights, databases, domain names, and including all registrations and applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection in any part of the world;
    • trade secrets, proprietary information, and knowhow; 
    • all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired;
    • registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, Software;
    • any patents, registered designs, design rights; and
    • all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with the Software

      The End User shall make no claim of interest in or ownership of any such Intellectual Property Rights and shall not engage in any modification, reverse engineering, decompiling, disassembly, or unauthorized derivative work based on the Software, except as expressly permitted by law.

• SUPPORT
  

  If you encounter any issues or require assistance with the Software, please reach out to the support channels provided on the official website.

• WARRANTY DISCLAIMER.
  • THE SOFTWARE IS PROVIDED "AS IS," FOR USE BY THE END USER AT ITS OWN RISK. EXCEPT AS EXPRESSLY SET FORTH HEREIN, SUPPLIERS DISCLAIM ALL EXPRESS, IMPLIED, STATUTORY, AND ANY OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON INFRINGEMENT. NEITHER LICENSOR NOR SUPPLIER DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. SUPPLIER, ITS LICENSORS, SHALL NOT BE RESPONSIBLE FOR ANY ISSUES, INCLUDING BUGS, VIRUSES, OR OTHER MALICIOUS SOFTWARE THAT OCCUR AFTER THE SOFTWARE IS DOWNLOADED OR SHARED OUTSIDE OF THE OFFICIAL PORTAL.
  • The End User should promptly notify through channels provided on the official website of any issues or potential bugs with the Software. However, the resolution of such issues or classification of whether something constitutes a bug is at the Licensor's discretion. Supplier and/or its Licensors are not obligated to fix any issues found unless they result from official downloads via the designated portal.
• EFFECTS OF TERMINATION.
  

  Upon termination of this Agreement, Sub Licensee will cease all use of the Software and delete the software from its systems. Sections 2.3 (Use Restrictions), 11 (Confidentiality) and 4 (Intellectual Property Rights) will survive any termination of this Agreement.
  

• DATA COLLECTION AND USAGE

  You agree that the Licensor may collect and use technical data and related information necessary for the provision, maintenance, and improvement of the Software and related services. This may include but not limited to technical information about your device, system-related details, application performance metrics, and other usage data., that is gathered to improvise and to provide the provision of software, product support and other services (if any) related to the Software.
  

• INDEMNIFICATION.

  You agree to defend, indemnify, and hold harmless Suppliers, its Licensors, its affiliates, officers, directors, employees, agents, and licensors from any claims, liabilities, damages, or expenses (including reasonable attorneys’ fees) arising from (a) your use or misuse of the software, (b) any modification or distribution by you, or (c) your breach of this agreement.

•  LIMITATION OF LIABILITY.

  TO THE MAXIMUM EXTENT PERMITTED BY LAW, END USER AGREES THAT NEITHER SUPPLIER NOR IT’S LICENSOR SHALL BE RESPONSIBLE FOR ANY LOSS OR DAMAGE TO END USER, ITS CUSTOMERS, OR THIRD PARTIES CAUSED BY FAILURE OF SUPPLIERS  OR ITS LICENSOR TO DELIVER THE SOFTWARE, FAILURE OF THE SOFTWARE TO FUNCTION, OR FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR TECHNOLOGY. IN NO EVENT WILL SUPPLIERSOR,  ITS LICENSOR   BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR INDIRECT DAMAGES, INCLUDING LOST PROFITS, IN CONNECTION WITH THE USE OF THE SOFTWARE OR OTHER MATERIALS PROVIDED ALONG WITH THE SOFTWARE OR IN CONNECTION WITH ANY OTHER CLAIM ARISING FROM THIS AGREEMENT, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR’S AND ITS SUPPLIERS AGGREGATE CUMULATIVE LIABILITY UNDER OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO ZERO. END USER AGREES THAT LICENSOR’S SUPPLIERS WILL HAVE NO LIABILITY TO END USER OF ANY KIND UNDER OR AS A RESULT OF THIS AGREEMENT.

• CONFIDENTIALITY.

  “Confidential Information” means any non-public information relating to, or derived from, the Software, including Feedback, technical features and benchmark or performance results. You acknowledge that the Software is and incorporates confidential and proprietary information developed, acquired by or licensed to Supplier, You shall not use or disclose any Confidential Information except as expressly authorized in this Agreement and shall protect the Confidential Information and will take all reasonable precautions necessary to safeguard the confidentiality of the Software. You will not allow the removal or defacement of any confidentiality or proprietary notice placed on the Software. The placement of a copyright notice on the Software will not constitute publication or otherwise impair its confidential nature. You acknowledge that any breach of this Section will cause irreparable harm to Supplier and its Licensors.

• GENERAL PROVISIONS.
  • Compliance with laws: The Parties shall abide by all the applicable laws for the enforcement of this Agreement and while performing their respective obligations.
  • Governing Law & Jurisdiction: In all respects, this Agreement shall be governed by the laws of India and the courts of Hyderabad shall have exclusive jurisdiction over matters relating to this Agreement.
  • Dispute Resolution Process:

    Mediation:
    
    The parties shall first attempt to resolve any dispute amicably through mediation in accordance with the Mediation Act, 2023 and any applicable mediation rules. Mediation shall be initiated within thirty (30) days of a party’s written notice of dispute and shall continue for a period of sixty (60) days in Hyderabad. If the dispute is resolved during mediation, the parties shall record the outcome in writing.
    

    Arbitration:
    ‍
    If the dispute is not resolved through mediation within the specified timeframe, it shall be finally settled by arbitration. The arbitration shall be governed by the provisions of the Indian Arbitration and Conciliation Act, 1996, as amended or replaced from time to time.  The matter will be referred to a sole arbitrator to be mutually appointed by the Parties; the venue of the arbitration proceedings shall be Hyderabad, India and the arbitration proceedings shall be conducted in the English language. The Parties shall equally share the costs of the arbitrator’s fees but shall bear the costs of their own legal counsel engaged for the purposes of the arbitration.
    

  • Severability;. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will remain enforceable and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
  • Waiver :  Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.