Terms And Conditions

END-USER LICENSE AGREEMENT FOR IIT Winner 1.0 IMPORTANT-READ CAREFULLY: This Quetzal Online Private Limited End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Quetzal Online Private Limited for the Quetzal Online Private Limited products identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("IIT Winner 1.0"). By installing, copying, or otherwise using the IIT Winner 1.0, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not use the IIT Winner 1.0 IIT Winner 1.0 LICENSE The IIT Winner 1.0 is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The IIT Winner 1.0 is licensed, not sold.

1. GRANT OF LICENSE. This EULA grants you the following rights: a. Software Product. Quetzal Online Private Limited grants to you as an individual, a personal, non-exclusive and limited license to install the IIT Winner 1.0 on personal computer or handheld computing device b. Electronic Documents. Solely with respect to electronic documents included with the IIT Winner 1.0 and unless expressly prohibited by terms set forth in a particular book, you may make an unlimited number of copies (either in hardcopy or electronic form), provided that such copies are not republished or distributed to any third party. If there are other terms set forth in a particular book, such terms shall control in case of a conflict between those terms and the terms of this EULA.

2. COPYRIGHT. All rights, title, and copyrights in and to the IIT Winner 1.0 (including, but not limited to, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the IIT Winner 1.0) and any copies of the IIT Winner 1.0 are owned by Quetzal Online Private Limited or Resonance (Kota). Therefore, you must treat the IIT Winner 1.0 like any other copyrighted material, except that you may either (a) make one copy of the IIT Winner 1.0 solely for backup or archival purposes, or (b) install the IIT Winner 1.0 on a single computer, provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the IIT Winner 1.0. All title and intellectual property rights in and to the content which may be accessed through use of the IIT Winner 1.0 is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content.

3. TRADEMARKS. This EULA does not grant you any rights in connection with any trademarks or service marks of Quetzal Online Private Limited.

4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. - Limitations on Reverse-Engineering, Decompilation, and Disassembly. You may not reverse-engineer, decompile, or disassemble the IIT Winner 1.0, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. - Rental. You may not rent, lease, or lend the IIT Winner 1.0. - Software Transfer. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the IIT Winner 1.0 (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this EULA. If the IIT Winner 1.0 is an upgrade, any transfer must include all prior versions of the IIT Winner 1.0. - Termination. Without prejudice to any other rights, Quetzal Online Private Limited may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the IIT Winner 1.0 and all of its component parts. - Support Services. Quetzal Online Private Limited may provide you with support services related to the IIT Winner 1.0 ("Support Services"). Use of Support Services is governed by the Quetzal Online Private Limited policies and programs described in the user manual, in "online" documentation, and/or in other Quetzal Online Private Limited-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the IIT Winner 1.0 and subject to the terms and conditions of this EULA. With respect to technical information you provide to Quetzal Online Private Limited as part of the Support Services, Quetzal Online Private Limited may use such information for its business purposes, including for product support and development. Quetzal Online Private Limited will not utilize such technical information in any manner that personally identifies you.

5.MISCELLANEOUS If you acquired this IIT Winner 1.0 in India, this EULA is governed by the laws of Mumbai Jurisdiction.

6.Should you have any questions concerning this EULA, or if you desire to contact Quetzal Online Private Limited for any reason, please contact the Quetzal Online Private Limited subsidiary serving your country, or write: Quetzal Online Private Limited Sales Team, E-303, Kailas Industrial Complex, Hiranandani Link Road, Vikhroli West, Mumbai – 400079, India.

7. DISCLAIMER OF WARRANTIES. To the maximum extent permitted by applicable law, Quetzal Online Private Limited and its suppliers provide the IIT Winner 1.0 and any (if any) support services related to the IIT Winner 1.0 ("Support Services") AS IS AND WITH ALL FAULTS, and hereby disclaim all warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort, all with regard to the IIT Winner 1.0, and the provision of or failure to provide Support Services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE IIT Winner 1.0. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE IIT Winner 1.0 AND SUPPORT SERVICES, IF ANY, REMAINS WITH YOU.

8. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL QUETZAL ONLINE PRIVATE LIMITED OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE IIT Winner 1.0, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF QUETZAL ONLINE PRIVATE LIMITED OR ANY SUPPLIER, AND EVEN IF QUETZAL ONLINE PRIVATE LIMITED OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Quetzal Online Private Limited and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for the IIT Winner 1.0 or INR 1.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

10. Quetzal Online Private Limited and Resonance (Kota) reserve the right to use your name, photographs and other information relevant to your result at IIT JEE 2008 examination and by accepting this agreement you agree that both Quetzal Online Private Limited and Resonance (Kota) would treat you as their enrolled student therefore have a claim over your result and/or performance at IIT JEE 2008.

11.IIT Winner predicts ranks and provides analysis on basis of a combination of certain qualitative and quantitative techniques. This analysis is at best an estimate and Quetzal Online Private Limited is in no way liable to any damages monitory or otherwise in case the estimation is not satisfactory to the user.

12. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the IIT Winner 1.0) is the entire agreement between you and Quetzal Online Private Limited relating to the IIT Winner 1.0 and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the IIT Winner 1.0 or any other subject matter covered by this EULA. To the extent the terms of any Quetzal Online Private Limited policies or programs for product support services conflict with the terms of this EULA, the terms of this EULA shall control.