End User Software License for the Free Version of proFes360™

Please read this End User License Agreement (EULA) carefully.

By downloading and/or using this software called proFes360™ you, your organization and all other participants referred to in clause I(B) below – whether from your organization or from its affiliates/customers – agree to be bound by these terms and conditions. You undertake to procure the assent as above from the other participants referred to in clause I(B) and provide PM Power Consulting Pvt. Limited, Bangalore (hereinafter referred to as PM Power) with proof of such assent when sought by PM Power.

I. License and Use

PM Power is the author and owns all intellectual property rights in and to proFes360™, a project health assessment software tool.
Subject to the following terms and conditions, PM Power grants you a royalty-free, limited, non-transferable and non-exclusive right to:
(A) use this free version of proFes360™, for non-commercial purposes only, on any computer for which you are the primary user, without any direct or indirect charge by us.
(B) forward links provided by PM Power as needed to others who are participants in the project health assessment without any direct or indirect charge by us, provided all such participants also use the tool/links for non-commercial uses only.

II. Limitation of Liability
ALL USE OF proFes360™ IS ENTIRELY AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH proFes360™ OR YOUR USE THEREOF OR OUTPUTS FROM proFes360™, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION.

III. Indemnity
You will defend and indemnify PM Power against (and hold harmless from) any claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including attorneys’ fees), relating to any acts by you in connection with proFes360™, leading wholly or partly to claims against us by third parties, regardless of the type of claim or the nature of the cause of action.

IV. Disclaimer of Warranty
proFes360™ IS PROVIDED “AS IS”, WITH ALL FAULTS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY OTHER CONDITION OF proFes360™.

V. Proprietary Rights
Except as specifically licensed above, you may not copy, modify, adapt, merge, include in other software, reproduce, translate, distribute, reverse engineer, decompile or disassemble any portion of proFes360™, information provided to you on proFes360™ in the PM Power website (pm-powerconsulting.com) or any outputs from proFes360™ provided to you such as reports in the form of PDF files.

VI. Confidentiality
PM Power would treat all information that you input into proFes360™ such as mail id’s, project information and survey responses as confidential. The information that you input into proFes360™ may reside within PM Power premises or in the cloud from service providers such as Amazon Web Services. PM Power may use the above information for further enhancement and tuning of proFes360™ without any reference to you or permission from you. PM Power may also use the above information as inputs for benchmarking with other organizations and other analytics as it deems fit without any reference to you or permission from you. PM Power uses other third-party tools such as SurveyMonkey® in proFes360™. By entering into this Agreement, you acknowledge and affirm that you have read, understood and agreed to the terms & conditions the aforementioned third-party vendors with regard to confidentiality of the data you input into proFes360™.

VII. Termination
PM Power can terminate this Agreement at any point in time and prohibit access to and use of proFes360™ without any notice and without citing any reasons for the same.

VIII. Miscellaneous
This Agreement contains the entire understanding between you and us relating to your use of proFes360™ and supersedes any prior statements or representations. This Agreement can only be amended by a written agreement signed by you and us. This Agreement shall be interpreted and enforced under the laws of India. The courts of Bangalore, India shall have exclusive jurisdiction over any dispute arising out of proFes360™ or your use of proFes360™.

IF YOU AGREE TO THE TERMS AND CONDITIONS OF THIS FREE VERSION LICENSE AGREEMENT for proFes360™, please click “SUBMIT” button provided on the form. This will be the legal equivalent of your signature on a written contract, and equally binding. You must agree to these terms and conditions in order to access and use proFes360™.