1. Grant of License:
Subject to your compliance with the terms and conditions of this Agreement, DEXTEROUS grants you a non-exclusive and non-transferable license for you, as a single user, to install and use the executable form of the Software on a single mobile device owned by you, solely for your personal, non-commercial use. You may make a single copy of the Software for backup purposes, provided that you reproduce on it all copyright and other proprietary notices that are on the original copy of the Software. DEXTEROUS reserves all rights in the Software not expressly granted to you in this Agreement. If DEXTEROUS provides you with any update to the Software ("Update"), your use of such Update will be governed by the terms and conditions of this Agreement or other agreement that is applied to such Update.


2. Restrictions:
Except as expressly specified in this Agreement, you may not: (i) copy or modify the Software; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Software to any third party; or (iii) make the functionality of the Software available to any other user through any means, including, without, limitation, by uploading the Software to a network or file-sharing service or through any hosting, application services provider, service bureau or any other type of services. You may only use the Software in connection with your mobile alone and you may not use the Software for any illegal activity. You acknowledge and agree that portions of the Software, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of DEXTEROUS and its licensors. Accordingly, you shall not disassemble, decompile, "hack" or otherwise reverse engineer the Software, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition. You acknowledge and agree that you are solely responsible for any data or mobile telecommunications charges if any incurred by you as a result of your use of the Software, and you shall comply with the terms and conditions of any data, telecommunications, Internet, broadcast or broadband service provider in connection with your use of the Software.


3. Ownership:
The Software is licensed, not sold. DEXTEROUS retains ownership of the Software, including all intellectual property rights therein. The Software is protected by Indian intellectual property law and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Software as delivered to you.


4. Support:
If you encounter any problems using the Software, please contact www.the-DStudio.com for support information. DEXTEROUS will use commercially reasonable efforts to respond to any problems you may encounter using the Software.


5. Term:
This Agreement remains effective until terminated. You may terminate this Agreement at any time by destroying all copies of the Software in your possession or control. This Agreement will automatically terminate without notice if you breach any term of this Agreement, in which case you must promptly destroy all copies of the Software in your possession or control.


6. Limited Warranty:
: If the Software is provided to you on physical media, then DEXTEROUS warrants that the media on which the Software is provided will be substantially free from defects in material and workmanship for 30 days after the date of your purchase the Software. DEXTEROUS shall replace any defective media returned to DEXTEROUS within that 30-day period. Also, DEXTEROUS warrants, for 30 days following the date of purchase or download, that the Software will substantially perform in accordance with Dexterous’s published documentation. DEXTEROUS shall, at its option, correct the Software or, replace such non-conforming Software free of charge. The foregoing are your sole and exclusive remedies, and Dexterous’s sole and exclusive liabilities, for breach of warranty. DEXTEROUS does not warrant that the Software will meet your requirements, that the Software will operate in the combinations that you may select for use, that the operation of the Software will be error-free or uninterrupted, or that all Software errors will be corrected. The warranties set forth in this Section 6 do not apply to the extent that (i) DEXTEROUS provides you with the Software (or portions of the Software) for beta, evaluation, testing or demonstration purposes or (ii) you have not properly used or installed the Software in accordance with Dexterous’s published documentation.


7. Disclaimer:
The limited warranties set forth in the above para are in lieu of, and dexterous expressly disclaims, all other warranties and conditions, express or implied, including any implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, and any warranties and conditions arising out of course of dealing or usage of trade. No advice or information, whether oral or written, obtained from dexterous or elsewhere will create any warranty or condition not expressly stated in this agreement. Some jurisdictions do not allow limitations on how long an implied warranty last, in that case the above limitation may not apply to you. All warranties implied by statute are limited to the duration of the express warranty set forth above.


8. Limitation of Liability:
Dexterous’s total liability to you from all causes of action and under all theories of liability will be limited to and will not exceed the amounts paid by you for purchasing the Vapssky’s Web2berry. In no event will dexterous be liable to you for any special, incidental, exemplary, punitive or consequential damages (including loss of use, data, business or profits) or for the cost of procuring substitute products arising out of or in connection with this agreement or the use or performance of the software, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not dexterous has been advised of the possibility of such loss or damage. The foregoing limitations will survive and apply even if any limited remedy specified in this agreement is found to have failed of its essential purpose. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.


9. Export Law:
You agree to comply fully with all Indian export laws and regulations to ensure that neither the Software nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.


10. Remedy For Breach:
You agree and acknowledge not to disassemble, tamper, decompile, "hack" or otherwise reverse engineer the Software, in whole or in part, or permit or authorize a third party to do so. In the event of breach of the above, you acknowledge that it would cause huge loss, irreparable injury and damage to DEXTEROUS which cannot be reasonably or adequately compensated by damages in any action at law. You expressly agree that DEXTEROUS shall be entitled to injunctive, punitive and other equitable relief in the event of such breach or to prevent such breach. Resort to such equitable relief, however, shall not be construed to be a waiver of any other rights or remedies that the DEXTEROUS may have for damages or otherwise. Any dispute or difference whatsoever arising between the parties out of or relating to the construction, meaning, scope, operation or effect of this terms and conditions or the validity or the breach thereof shall be settled by arbitration in accordance with the Indian Arbitration & Conciliation Act, 1996 and the award made in pursuance thereof shall be binding on the parties. Dexterous shall nominate the Sole Arbitrator. The venue of the arbitration shall be at Chennai and the language for the arbitration shall be English. The parties further agree that the sole arbitrator shall have the right to pass interim awards and directions.


11. General:
This Agreement will be governed by and construed in accordance with the laws of the India, without regard to or application of conflicts of law rules or principles. You may not assign or transfer this Agreement or any rights granted hereunder, by operation of law or otherwise, without DEXTEROUS's prior written consent, and any attempt by you to do so, without such consent, will be void-ab-initio and of no effect. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. All notices or approvals required or permitted under this Agreement will be in writing and delivered by confirmed facsimile transmission, by overnight delivery service, or by certified mail, and in each instance will be deemed given upon receipt. All notices or approvals will be sent to the addresses set forth in the applicable ordering document or invoice or to such other address as may be specified by either party to the other in accordance with this section. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by authorized representatives of both parties. If any provision of this Agreement is held to be un-enforceable or invalid, that provision will be enforced to the maximum extent possible and other provisions will remain in full force and effect. This Agreement is the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter, unless you and DEXTEROUS have executed a separate agreement pertaining to the subject matter hereof. Any terms or conditions contained in your purchase order or other ordering document that are inconsistent with or in addition to the terms and conditions of this Agreement are hereby rejected by DEXTEROUS and will be deemed null and void and of no effect. The original of this Agreement has been written in English, and that version will govern.


12. Contact Information:
If you have any questions regarding this Agreement, you may contact Support@the-DStudio.com.