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Business Form

End User License Agreement

Published - 08/11/2022

Please read this End User License Agreement carefully before clicking the "I Agree" button, downloading or using Kube.

This document is a binding agreement between Kockpit Analytics Pvt Ltd ("Kockpit", "Company") and the person or entity identified as the licensee or the user of the software application Kube ("Customer", "You", "Your") provided by Kockpit.

Kockpit provides the software, Kube, and its services solely on the Terms and Conditions set forth in this agreement and on the condition that the customer accepts and complies with them. By using or purchasing Kube, You

  • Accept this agreement and agree that customer is legally bound by its terms; and

  • Represent and warrant that if customer is a corporation, Governmental organization or other legal entity, You have the right, power and authority to enter into this agreement on behalf of customer and bind customers to its terms.

If the customer or user of the application does not agree to the terms of this agreement, Kockpit will not and does not license the software to customer and You must not use the software or documentation.

Interpretation and Definition


The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural.


  • Agreement means this End-User license Agreement that forms the entire agreement between You and Kockpit regarding the use of the Application.

  • Application means the software program provided by Kockpit, downloaded by You to a Device, named Kube.

  • Company refers to Kockpit Pvt. Ltd., No.1, Bhikaji Cama Place, Rama Krishna Puram, New Delhi, Delhi 110066.

  • Country refers to India.

  • Content refers to the content such as text, images or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

  • Device means any device that can access the Application such as a computer, a cellphone or a digital tablet.

  • Third-Party Services means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application.

  • You/Customer means the individual accessing or using the Application or the company or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.


Scope of License

Kockpit grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application strictly in accordance with the terms of this Agreement.

The license that is granted to You by Kockpit is solely for personal, non-commercial purposes strictly in accordance with the terms of this Agreement. Customer may not use the Application for any other purpose including commercial. Kockpit retains ownership of all Software and modifications and copies thereof.

Restrictions of use

The Application provided to the Customer is confidential and copyrighted. Customer must retain the copyright and other proprietary notices on the Application or any copies. All rights, title and interest in and to the Product not expressly granted to Customer are reserved to Kube. Any Third-Party Software supplied by Kube may only be used with and for the support of the Application and are subject to the licenses accompanying such Third-Party Software. Customer may not offer the benefits and services of the Application to third parties, whether such arrangement is in the nature of a service bureau, an outsourcing service, or another similar service or business.

Customer shall not

  1. copy or use the Application except as specified in this Agreement;

  2. cause or permit the reverse engineering or attempt to discover any source code or underlying ideas or algorithms of the Application;

  3. externally disclose any evaluation results;

  4. use the Application, or allow the transfer, transmission, export, or re-export of the Application or portion thereof in violation of any applicable laws and regulations; or

  5. install, modify or create derivative works of the Application without the express written consent of Kockpit.

Records and Audits

You agree to provide reports of Application usage to Kockpit at Kockpit's request. You acknowledge and agree that Kockpit may also conduct periodic audits related to Your usage of the Application and agree to permit Kockpit to collect Application usage analytics and performance data on a continual basis for the purposes of providing support and Application improvements, verifying license compliance, ensuring application health and billing ("Product Usage Data").

Term and Termination

This Agreement shall remain in effect until terminated by You or Kockpit. Kockpit may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from Kockpit, in the event that You fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from Your Device or from Your Computer.

Upon the termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from Your Device.

Termination of this Agreement will not limit any of the Company's rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.

All provisions relating to confidentiality, proprietary rights, non-disclosure, and limitation of liability shall survive the termination of this Agreement.


You agree to indemnify and hold Kockpit and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorney's fees, due to or arising out of Your

  • use of the Application

  • violation of this Agreement or any law or regulation; or

  • violation of any right of a third party


The Application is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Kockpit, on its own behalf and on the behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to Kube, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitations to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet Your requirements, achieve any intended results, be compatible with or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's providers makes any representation or warranty of any kind, express or implied:

  1. as to the operation or availability of the Application, or the information, content, and materials or products included thereon;

  2. that the application will be uninterrupted or error free;

  3. as to the accuracy, reliability or currency of any information or content provided through the Application; or

  4. that the Application, its servers, the content or emails sent from or on behalf of the Company are free of viruses, scripts, Trojan horses, worms, malware, timebombs or any other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case, the limitations and exclusions set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, Kockpit shall be solely responsible for such warranty.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for Kube or through Kube.

To the maximum extent permitted by the applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Severability and Waiver


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 with full force and effect.


Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Product Claims

The Company does not make any warranties concerning the Application.

Changes to this Agreement

The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.

Entire Agreement

The Agreement constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.

You may be subject to additional terms and conditions that apply when You use or purchase other Company's services, which the Company will provide to You at the time of such use or purchase.

Contact Us

If you have any questions about this Agreement, You can contact Us:

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