IMPORTANT: THIS END USER LICENSE AGREEMENT (“AGREEMENT”) IS AN AGREEMENT BETWEEN YOU (EITHER INDIVIDUAL OR A COMPANY) AND
Acquiro Solutions WITH REGARD TO THE USE BY YOU OF (KOOBA™) SOFTWARE FOR YOUR MOBILE (“DEVICE”)
IF YOU ACQUIRE THE KOOBA™ APPLICATION FOR YOUR COMPANY’S USE, YOU REPRESENT AND WARRANT THAT YOU ARE AN
AUTHORIZED REPRESENTATIVE WHO HAS THE AUTHORITY TO LEGALLY BIND YOUR COMPANY TO THIS EULA.
BY PURCHASING , SUBSCRIBING TO, DOWNLOADING, INSTALLING, USING, OR OTHERWISE ACCESSING THE KOOBA™ APPLICATION,
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, THAT YOU AGREE TO BE BOUND BY ITS
TERMS AND CONDITIONS.
GRANT OF LICENSE
Subject to the terms and conditions set forth herein, in consideration for the purchase price paid by you for the KOOBA™
Application, and/or its affiliated companies grants you a non-transferable, non-exclusive,
and non-sub-licensable limited right and license to view, use and access the KOOBA™ application to
receive solely for your informational purposes and for your immediate, private, individual and noncommercial
If your original device becomes non-operational you may be permitted, at Acquiro solutions, to make a transfer
of the KOOBA™ Application to another device. To make a request for such transfer, please contact the
Kooba Lib Sys customer support department
Kooba Lib Sys Contact
CONSENT & PRIVACY
You hereby consent to the access, collection and onward transmission of your KOOBA™ Software information by KOOBA™ Library Software
time to time, and available at its website,
You acknowledge and agree that Acquiro Solution owns all right, title and interest in or, if applicable, license to the KOOBA™
application, including but not limited to, all copyrights, trademarks, data and content, except
to the extent any such third-party data provider. Any reference to products, services, processes, and hypertext
links to third parties or other data by trade name, trademark, manufacturer, supplier, or otherwise does
not necessarily constitute or imply its endorsement, sponsorship or recommendation by Silicon Veins or
its licensors. Except as expressly stated in clause 1 hereinabove, this agreement does not grant you any
intellectual property right in the KOOBA™ Application.
All rights not expressly stated herein are reserved by Acquiro Solution disclaims any and all implied licenses. Without limiting
the foregoing, you agree not to:
Reverse engineer, decompile, reverse compile, create compilations or derivative works, translate, adapt or disassemble the
KOOBA™ Library Software or any part thereof, including the third party content data;
Copy or reproduce KOOBA™ Library Software or any part thereof, including the third party content data, in any form;
Publish, display, disclose, sell, rent, lease, store, loan, distribute, publicly display or perform, co-brand, frame, or
permit third parties to link to KOOBA™ Library Software or any part thereof, including the third- party
Assign, sublicense, convey, transfer, pledge as security, or otherwise encumber the rights and licenses granted hereunder;
Use the KOOBA™ Library Software in any fashion that may infringe any patent, copyright, trademark, trade secret, or any other
intellectual property or proprietary right of Silicon Veins, its third party data providers or any
Provide any portion of the KOOBA™ Library Software to the government agency; or
Enter into any agreement with any third-party that in any way restricts, prevents or hinders the ability of KOOBA™ Library Software
to provide to such third-party the KOOBA™ Library Software or any other product or service made available
by Acquiro Business Solution Pvt. Ltd from time to time.
If you receive an update or an upgrade to, or a new version of, any KOOBA™ Library Software (“Update”) you must possess a
valid license to the previous version in order to use the update. All updates provided to you shall be
subject to the terms and conditions of this agreement. If you receive an update, you may continue to use
the previous version(s) of the KOOBA™ Library Software (Application in your possession, custody or control) KOOBA™ Library Software
shall have no obligation support the previous version of the KOOBA™ Library Software upon availability
of an Update. KOOBA™ Library Software has no obligation to provide support, maintenance, updates or modifications
under this agreement.
DATA PLAN FEES
You are responsible for any applicable charges and fees associated with any data plan fees or other charges
or fees of any kind whatsoever that may be required by your carrier to access the KOOBA™ Library Software.
The term of this agreement shall be useful life of the KOOBA™ Library Software or until otherwise terminated in accordance
with the terms and conditions of this agreement (“Term”). We may terminate this agreement for
any reason, including, but not limited to, if KOOBA™ Library Software0 finds that you have violated any of the terms
of this agreement. In addition, this agreement shall terminate immediately upon
The termination of your usage of your KOOBA™ Library Software; or
Termination of any license granted to us by a third party for use of such third party’s software as part of or
in the KOOBA™ Library Software
Clauses pertaining to indemnity, confidentiality and non-disclosure shall survive the termination of this
Agreement. All other rights and obligations of the parties shall cease upon termination of this agreement
including, but not limited to, all licenses granted hereunder.
At all times during the terms and thereafter, you shall keep confidential and not disclose, directly or indirectly, and shall
not use for your benefit or any other individual or entity any confidential information of KOOBA™ Library Software
or any of its third party data providers. “Confidential Information” means any trade secrets or confidential
or proprietary information whether written, digital, oral, or other form which is unique, confidential,
or proprietary to Silicon Veins or its third party data providers, including, but not limited to, the KOOBA™ Library Software,
and any other materials or information related to the business or activities of KOOBA™ Library Software
which are not generally known to others engaged in similar businesses or activities. You shall return
to Acquiro Business Solution Pvt. Ltd any of its confidential information upon request and/or upon termination of this agreement.
You agree to indemnify, defend and hold KOOBA™ Library Software and its licensors and suppliers (including, but not limited to, their
respective assignees, subsidiaries, affiliated companies and their respective officers, directors, employees
and shareholders, agents and representatives) harmless from and against any and all liability, loss, injury,
demand, action, cost, expense, or claim of any kind or character, including, but not limited to, attorney's’
fees arising out of or in connection with your use of or subscription to the KOOBA™ Library Software.
The KOOBA™ Library Softwaren (excluding any third party content data) is warranted to perform substantially as described in
the product manual.
The warranties and remedies contained herein are exclusive and in lieu of all other warranties, whether express, implied,
statutory, or arising from trade usage or course of conduct, including, but not limited to any implied
warranties of merchantability, fitness for a particular purpose, or non-infringement and other expressed
or implied warranties of accuracy, completeness "real time" information, title or any other
type of warranties relating to the KOOBA™ Library Software or its performance hereunder
LIMITATION OF LIABILITY
You assume all responsibility and risk for the use of the KOOBA™ Library Software, and Acquiro Solutions disclaims all liability
for any loss, injury, or damage resulting from use of the KOOBA™ Library Software and any third party data
or content. It is your responsibility to use the KOOBA™ Library Software prudently to access your information.
In no event shall Acquiro Solution or its suppliers, including third party data providers, be liable to you
or any other party for any compensatory, indirect, incidental, special or consequential damages (including,
without limitation, indirect, direct, special, punitive, or exemplary damages for loss of business, loss
of profits, business interruption, or loss of business information) arising out of the use of or inability
to use the KOOBA™ Library Softwareand any third party data or content, even if Silicon Veins has been
advised of the possibility of such damages. Subject to the foregoing, KOOBA™ Library Software’s total agreement liability
with respect to its obligations under this agreement or otherwise with respect to the KOOBA™ Library Software
shall not exceed the price paid by you for the KOOBA™ Library Software.
GOVERNING LAW AND JURISDICTION
This agreement shall be governed and constructed by the laws of India, and the courts of Noida shall have exclusive
This agreement constitutes the entire understanding and agreement of the parties and supersedes all prior and contemporaneous
understanding and agreements, whether written or oral, with respect to its subject matter. No delay or
failure by Acquiro Solution to exercise or enforce at any time any right or provision hereof will be considered
a waiver thereof.
No single waiver will constitute a continuing or subsequent waiver. No waiver, modification or amendment
of any provision hereof will be effective against Silicon Veins unless it is a signed writing by Silicon
Veins. You may not assign your rights or obligations hereunder (including as a change of control) without
the prior written consent of Acquiro solution.
Subject to the foregoing, this agreement will bind and inure to the benefit of the successors and permitted
assigns of the parties. If any provision of this agreement is held to be invalid, illegal, or unenforceable
in any respect, that provision to the extent permitted by law (not otherwise) shall be served from this
agreement and shall not affect the remainder hereof, and the parties agree to substitute for such provision
a valid provision which most closely approximates the intent and economic effect of such severed provision.
The parties to this agreement are independent contractors.
Acquiro Solution shall not be liable to you for a failure to perform any of its obligations under this agreement
during any period in which such performance is delayed due to circumstances beyond its reasonable control.
All notices hereunder must be in writing and mailed by certified mail, return receipt requested, or by
prepaid courier services, or by facsimile with receipt confirmed by telephone, to each party’s address