A. This document is an electronic record in terms of the Information Technology Act, 2000, the applicable rules thereunder and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
C. Reliance reserves the right, at our sole discretion, to change, modify, add, or remove portions of this document at any time and without any prior written notice to You, however, Reliance will notify You of such changes. It is Your responsibility to review this document periodically for updates and/or changes. Your continued performance of the activities contemplated in this document following the changes will mean that you accept and agree to the revisions.
1.1. Reliance hosts interactive pages that are made available on various Devices on which various software applications are available to end users (the “Store”).
1.2. Reliance intends to offer, through the Store, a curated marketplace of software applications to end users of the Store (“Customers”).
1.3. Reliance is considering offers from developers for distribution of their software applications on the Store, on the basis of the terms and conditions herein contained (the “Program”).
1.4. You would like to enroll for the Program as a developer and offer the Software (as defined below), on the Store, by agreeing to the terms and conditions herein contained.
2.1. “Developer Account” means the account successfully created and registered by You with Reliance, in accordance with the terms and conditions herein contained.
2.2. “Developer Kit” means SDKs, tool kits, APIs and any other software that Reliance provides to You under the Program, including any updates thereto (if any).
2.3. “Device” or “Devices” shall mean device or devices developed and/or distributed by Reliance on various technology platforms, including but not limited to Android and KAI-OS, whether now in existence or developed and/or distributed in future.
2.4. “Facilities” means the facilities that Reliance may provide or make available through the Portal as part of the Program for use with Software, including any updates thereto (if any).
2.5. “FOSS” means any free and open source software that is subject to terms that, as a condition of use, copying, modification or redistribution, require such software and/or derivative works thereof to be disclosed or distributed in source code form, to be licensed for the purpose of making derivative works, or to be redistributed free of charge.
2.6. “Software” means one or more software programs (including extensions, media, and libraries that are enclosed in a single software bundle) developed by You in compliance with the requirements of the Program, for distribution under Your own trademark or brand, and for specific use on the Store applicable to Devices, including bug fixes, updates, upgrades, modifications, enhancements, supplements to, revisions, new releases and new versions of such software programs.
2.7. “Portal” shall mean the web portal designated by Reliance for creation of the Developer Account.
2.8. “Program Agreement” shall mean the terms and conditions contained herein and all attachments and schedules hereto, including all agreements, policies, processes, manuals and/or web resources referred or otherwise incorporated by reference hereinunder.
3.1. You are required to register Your offer to enroll for the Program and create a Developer Account by providing and submitting the information and documents as may be specified by Reliance on the Portal and by selecting the Store applicable to Devices of each technology platform as specified by Reliance on the Portal.
3.2. In the event that You are enrolling for the Program through the portal made available by Unity (“Unity Portal”), Your unique identification associated with your account on the Unity Portal shall be verified by us for You to successfully enroll for the Program on the Portal.
3.3. You understand and agree that notwithstanding Your creation of the Developer Account, Reliance may, in its sole discretion, reject Your offer to enroll for the Program or determine that any or all of the Software does not meet the requirements of the Program, whether as a whole or with respect to the Store for Devices of a specific technology platform, and accordingly reject such Software for distribution on such Store.
3.4. Reliance shall not permit the distribution of the Software through the Store, unless You are verified as a developer in good standing.
3.5. Reliance shall not be responsible for any costs, expenses, damages, losses (including without limitation lost business opportunities or lost profits) or other liabilities You may incur as a result of the Software development, use of the Portal or enrollment to the Program, including without limitation the fact that the Software may not be selected for distribution via the Store. You will be solely responsible for developing Software that are safe, free of defects in design and operation, and comply with applicable laws and regulations. You will also be solely responsible for any documentation and Customer support and warranty for such Software. The fact that Reliance may have reviewed, tested, approved or selected the Software will not relieve You of any of these responsibilities.
3.6. Upon your successful creation of a Developer Account under this Program, Reliance may, at its sole discretion, provide a unique identification to You (“Developer ID”).
3.7. You acknowledge and agree that Reliance may link your Developer ID with any other services that Reliance may provide or envisage under this Program.
3.8. You are fully responsible for safeguarding Your Developer ID and authentication credentials from compromise and for using them only as authorized by Reliance. Except as otherwise expressly permitted herein, You agree not to share, sell, resell, rent, lease, lend, or otherwise provide access to Your Developer Account, Developer ID or any services provided therewith, in whole or in part, to any third party.
3.9. You agree not to solicit or request other Program members to provide You with their Developer IDs, authentication credentials, and/or related account information and materials.
3.10. You shall be fully responsible for all activity performed through or in connection with Your Developer Account and Developer ID.
3.11. You acknowledge and agree that:
3.11.1. accuracy of the information provided by You is your sole responsibility at all times; and
3.11.2. updating the information provided by You from time to time is Your sole responsibility at all times;
4.1. You will be required to execute the following documents in the time and manner as may be stipulated by Reliance and all of which, shall form an integral part of the Program (collectively “Program Documents”):
4.1.1. Non-disclosure agreement, in the form as available at [*];
4.1.2. Terms and conditions of the Store(s), in the form(s) as available at [*];
4.1.3. Developer distribution agreement, in the form as available at [*].
4.2. You hereby acknowledge having read, understood and accepted the form of the Program Documents, as sufficient and acceptable, for your participation in the Program.
4.1.2. Terms and conditions of the Store(s), in the form(s) as available at [*];
5.1. If You intend to sell the Software or any of the products and/or services comprised in the Software, on the Store, You will be required to create a separate account with Reliance for this purpose (“Merchant Account”), in terms of the merchant account policy stipulated by Reliance at [*].
5.2. You acknowledge and agree that Reliance is only a market place service provider and You shall deal directly with Customers for all matters related to the usage of the Software.
6.1. Subject to the terms and conditions of this Program Agreement, Reliance hereby grants to You during the Term, a limited, non-exclusive, personal, revocable, non-sublicensable and non-transferable license to install a reasonable number of copies of the Developer Kit provided to You under the Program and on the Store, to be used internally by You for the sole purpose of developing or testing the Software, except as otherwise expressly permitted in this Program Agreement (“Permitted Use”).
6.2. You will adhere to the process of Permitted Use specified herein-below:
6.2.1. For Permitted Use of the Developer Kit intended for the Store on Devices using the Android platform, the process as stipulated by Reliance at [*] and as updated by it thereat, from time to time;
6.2.2. For Permitted Use of the Developer Kit intended for Store on Devices using any other technology platform, such process as may be stipulated by Reliance from time to time.
6.4. You agree to retain and reproduce in full the Reliance copyright, disclaimers and other proprietary notices (as they appear in the Developer Kit) in all copies of the Developer Kit that You are permitted to make under this Program Agreement.
6.5. Reliance retains all rights, title, and interest in and to the Developer Kit it may make available to You under this Program Agreement. You agree to cooperate with Reliance to maintain Reliance's ownership of the Developer Kit, and, to the extent that You become aware of any claims relating to the Developer Kit, You agree to use reasonable efforts to promptly provide notice of any such claims to Reliance.
6.6. Except as otherwise set forth in this Program Agreement, You agree not to rent, lease, lend, upload to or host on any website or server, sell, redistribute, or sublicense the Developer Kit, in whole or in part, or to enable others to do so. You may not use the Developer Kit provided hereunder for any purpose not expressly permitted by this Program Agreement.
6.7. You agree not to, or to enable others to, copy (except as expressly permitted under this Program Agreement), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, decrypt, or create derivative works of the Developer, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of open-sourced components or sample code included with the Developer Kit). You agree not to exploit any Developer Kit provided hereunder in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity, or by harvesting or misusing data provided by the Developer Kit.
6.8. Reliance may extend, enhance, or otherwise modify the Developer Kit (or any part thereof) provided hereunder at any time without notice, but Reliance shall not be obligated to provide You with any updates to the Developer Kit. If updates are made available by Reliance, the terms of this Program Agreement will govern such updates, unless the update is accompanied by a separate license in which case the terms of that license will govern. You understand that such modifications may require You to change or update the Software. Further, You acknowledge and agree that such modifications may affect Your ability to use, access, or interact with the Store. Reliance is not obligated to provide any maintenance, technical or other support for the Developer Kit or the Store. You acknowledge that Reliance has no express or implied obligation to announce or make available any updates to Developer Kit to anyone in the future. Should an update be made available, it may have APIs, features, services or functionality that are different from those found in the Developer Kit licensed hereunder.
6.9. Software may only use documented APIs in the manner prescribed by Reliance and must not use or call any private APIs. The Software may not download or install executable code. Interpreted code may be downloaded to the Software but only so long as such code: (i) does not change the primary purpose of the Software by providing features or functionality that are inconsistent with the intended and advertised purpose of the Software as submitted to the Store, (ii) does not create a store or storefront for other code or applications, and (iii) does not bypass signing, sandbox, or other security features of the OS.
7.1. Reliance shall enable the following facilities through Your use of the Portal (“Facilities”):
7.1.1. Your use of the Developer Kit in accordance with the terms of this Program Agreement;
7.1.2. Your submission of updates, upgrades and other maintenance of the Software using Your Developer Account. You will only be able to upgrade to a higher version of the Software and not be allowed to replace the current version and You shall use the same signature and package name in the manifest while releasing a newer version of the Software on the Store;
7.1.3. Your submission of the Customer license terms for use of the Software, including any updates and/or modifications thereto, via the Portal on the Store;
7.1.4. Manage Your Customer consents on the Store, in the manner as stipulated by Reliance;
7.1.5. Manage feedback that Reliance may furnish to You, with respect to the Software, including but not limited to any feedback and/or grievances provided by Customers to Reliance on the Store;
7.1.6. Your submission of content, metadata, documents, information and performance of all other obligations under the Program Documents, as may be enabled by Reliance, on the Portal;
7.1.7. Your ability to avail technological upgradations, including casting and other services on the Store, as may be made available by Reliance, on the Store; and
7.1.8. Processes and actions, including takedowns and other regulatory actions under the Program Documents, that Reliance may enable on the Portal.
8.1. You certify to Reliance and agree that:
8.1.1. You are legally competent to contract and have the right and authority to enter into this Program Agreement on Your own behalf, or if You are entering into this Program Agreement on behalf of a legal person (having a valid corporeal existence and competence to contract, under applicable law in India), You have the right and authority to legally bind such person to the terms and obligations of this Program Agreement;
8.1.2. All information provided by You to Reliance or Customers in connection with this Program Agreement, including without limitation the Software, will be current, true, accurate, supportable and complete and, with regard to information You provide to Reliance, You will promptly notify Reliance of any changes to such information. Further, You agree that Reliance may share such information (including email address and mailing address) with third parties who have a need to know for purposes related thereto (e.g., intellectual property questions, customer service inquiries, etc.);
8.1.3. You will comply with the terms of and fulfill Your obligations under this Program Agreement, including obtaining any required consents for personnel or authorised representatives for use of the Developer Kit and Facilities provided by Reliance under this Program Agreement, and You agree to monitor and be fully responsible for all such use by Your personnel and authorised representatives and their compliance with the terms of this Program Agreement;
8.1.4. You will be solely responsible for all costs, expenses, losses and liabilities incurred, and activities undertaken by You in connection with the Developer Kit and other facilities provided by Reliance under this Program Agreement, and Your related development and distribution efforts, including, but not limited to, any related development efforts, network and server equipment, Internet service(s), or any other hardware, software or services used by You in connection with Your use thereof;
8.1.5. You will not act in any manner which conflicts or interferes with any existing commitment or obligation You may have and no agreement previously entered into by You will interfere with Your performance of Your obligations under this Program Agreement.
8.1.6. As a condition to using the the Developer Kit and Facilities provided by Reliance under this Program Agreement, You agree that: (i) You will use them only for the purposes and in the manner expressly permitted by this Program Agreement and in accordance with all applicable laws and regulations; (ii) You will not use them for any unlawful or illegal activity, nor to develop any software or product, which would commit or facilitate the commission of a crime, or other tortious, unlawful or illegal act; (iii) the Software will be developed in compliance with the Program Documents executed with Reliance; (iv) the Software, content contained therein and other information provided by You to Reliance do not and will not violate, misappropriate, or infringe any Reliance or third party copyrights, trademarks, rights of privacy and publicity, trade secrets, patents, or other proprietary or legal rights (e.g., musical composition or performance rights, video rights, photography or image rights, logo rights, third party data rights, etc. for content and materials that may be included in the Software); (v) You will not, through use of the Developer Kit and facilities provided by Reliance under this Program Agreement, create any software, product or other code or program that would disable, hack or otherwise interfere with the any security, digital signing, digital rights management, verification or authentication mechanisms implemented in or by Reliance on the Store, or enable others to do so; (vi) You will not, directly or indirectly, commit any act intended to interfere with Developer Kit, the Portal, the Store, the intent of this Program Agreement, or Reliance’s business practices including, but not limited to, taking actions that may hinder the performance or intended use of the Store, the Portal, or the Program (e.g., submitting fraudulent reviews of the Software or any third party application, choosing a name for the Software that is substantially similar to the name of a third party application in order to create consumer confusion, or squatting on application names to prevent legitimate third party use). Further, You will not engage, or encourage others to engage, in any unlawful, unfair, misleading, fraudulent, improper, or dishonest acts or business practices relating to the Software (e.g., engaging in bait-and- switch pricing, consumer misrepresentation, deceptive business practices, or unfair competition against other developers).
8.1.7. Without Reliance’s prior written approval or as permitted by Reliance, the Software may not provide, unlock or enable additional features or functionality through distribution mechanisms other than the Store.
8.1.8. The Software intended for the Store of a Device of a technology platform, must have at least the same features and functionality when run by a Customer in compatibility mode on such Device. Further, You agree not to interfere or attempt to interfere with the operation of the Software in compatibility mode.
8.1.9. Software must comply with the guidelines and documentation provided by Reliance. You agree to develop an appropriate user interface and functionality for the Software that is compatible with the design of Devices on the Store of which You intend to place the Software.
8.1.10. If the Software captures or makes any video, microphone, screen recordings, or camera recordings, whether saved on the device or sent to a server (e.g., an image, photo, voice or speech capture, or other recording) (collectively “Recordings”), a reasonably conspicuous audio, visual or other indicator must be displayed to the Customer as part of the Software to indicate that a Recording is taking place.
8.1.11. Any form of data, content or information collection, processing, maintenance, uploading, syncing, storage, transmission, sharing, disclosure or use performed by, through or in connection with the Software must comply with all applicable privacy laws and regulations, including but not limited to any notice or consent requirements.
8.1.12. Neither You nor the Software will use any permanent, device-based identifier, or any data derived therefrom, for purposes of uniquely identifying a Device.
8.1.14. Software that use location-based APIs or otherwise provide location-based services may not be designed or marketed for automatic or autonomous control of vehicle behavior, or for emergency or life-saving purposes.
8.1.15. Software that offer location-based services or functionality, or that otherwise obtain a Customer’s location, through the use of the Developer Kit, must notify and obtain consent from an individual before his or her location data is collected, transmitted or otherwise used by the Software and then such data must be used only as consented to by the Customer and as permitted herein. For example, if You use the “Always On” location option in the Software for the purpose of continuous collection and use of a user’s location data, You should provide a clearly defined justification and user benefit that is presented to the Customer at the time of the permission. You must have an end-user license agreement that includes the following notice: YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.
8.1.16. The Software must not disable, override or otherwise interfere with any Reliance implemented system alerts, warnings, display panels, consent panels and the like, including, but not limited to, those that are intended to notify the Customer that the Customer's location data, address book data, calendar, photos, audio data, and/or reminders are being collected, transmitted, maintained, processed or used, or intended to obtain consent for such use. Further, if You have the ability to add a description in such alerts, warnings, and display panels, any such description must be accurate and not misrepresent the scope of use. If consent is denied or withdrawn, the Software may not collect, transmit, maintain, process or utilize such data or perform any other actions for which the Customer’s consent has been denied or withdrawn.
8.1.17. If the Software includes or will include any other content, You must either own all such content or have permission from the content owner to use it in the Software.
8.1.18. Software must not contain any malware, malicious or harmful code, program, or other internal component (e.g., computer viruses, trojan horses, “backdoors”) which could damage, destroy, or adversely affect the Developer Kit, the Portal, the Store or other software, firmware, hardware, data, systems, services, or networks.
8.1.19. The Software should meet all the requirements specified in the Program Documents, guidelines, procedures and policies as may be stipulated by Reliance from time to time, including but not limited to content guidelines, security requirements and data privacy processes.
8.1.20. If the Software includes any FOSS, You agree to comply with all applicable FOSS licensing terms. You also agree not to use any FOSS in the development of the Software in such a way that would cause the non-FOSS portions of the Developer Kit or the Store to be subject to any FOSS licensing terms or obligations.
8.1.21. You will fulfill any applicable regulatory requirements, including full compliance with all applicable laws, regulations, and policies related to the manufacturing, marketing, sale and distribution of the Software in India. By submitting the Software to Reliance for selection for distribution, You represent and warrant that You are in full compliance with any and all such laws.
8.1.22. You will comply with application programming interface rules that Reliance may stipulate from time to time.
8.1.23. By enrolling in the Program you hereby agree to ensure that the explicit prohibitions mentioned in section 8.1.24 are at all times adhered to.
8.1.24. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
a. Belongs to another person and to which you do not have any right to;
b. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act 1986;
c. Is misleading in any way;
d. Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
e. Harassing or advocates harassment of another person;
f. Involves the transmission of “junk mail”, “chained letters”, or unsolicited mass mailing or “spamming”;
g. Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
h. Infringes upon or violates any third party’s rights (including, but not limited to, intellectual property rights, rights of privacy or rights of publicity);
i. Promotes an illegal or unauthorized copy of another person’s copyrighted work;
j. Provides instructional information about illegal activities such as making and/ or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
k. Solicits gambling or engages in any gambling activity which we in our sole discretion believe is or could be construed to be as illegal;
l. Harms minors in any way;
m. Violates any law for the time being in force;
n. Impersonates another person;
o. Contains software viruses or any other computer code, files or programs designed to interupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptiously intercept or expropriate any system, data or personal information;
p. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
9.1. You agree that the Developer Kit, Portal, including any documentation relating thereto, including the Facilities, will be deemed to be “Reliance Confidential Information”. Notwithstanding the foregoing, Reliance Confidential Information will not include: (i) information that is generally made available to the public by Reliance, or (ii) any FOSS included in the Developer Kit and accompanied by licensing terms that do not impose confidentiality obligations on the use or disclosure of such FOSS.
9.2. You agree to protect Reliance Confidential Information using at least the same degree of care that You use to protect Your own confidential information of similar importance, but no less than a reasonable degree of care. You agree to use Reliance Confidential Information solely for the purpose of exercising Your rights and performing Your obligations under this Program Agreement and agree not to use Reliance Confidential Information for any other purpose, for Your own or any third party’s benefit, without Reliance's prior written consent. You further agree not to disclose or disseminate Reliance Confidential Information to anyone other than: (i) those of Your employees and authorised representatives, who have a need to know and who are bound by a written agreement that prohibits unauthorized use or disclosure of the Reliance Confidential Information; or (ii) except as otherwise agreed or permitted in writing by Reliance. You acknowledge that damages for improper disclosure of Reliance Confidential Information may be irreparable; therefore, Reliance is entitled to seek equitable relief, including injunction and preliminary injunction, in addition to all other remedies.
9.3. Reliance works with many application and software developers and some of their products may be similar to or compete with the Software. Reliance may also be developing its own similar or competing applications and products or may decide to do so in the future. To avoid potential misunderstandings and except as otherwise expressly set forth herein, Reliance cannot agree, and expressly disclaims, any confidentiality obligations or use restrictions, express or implied, with respect to any information that You may provide in connection with this Program Agreement or the Program, including but not limited to information about the Software, including the documentation relating thereto and/or the metadata contained therein (such disclosures will be referred to as “Developer Disclosures”). You agree that any such Developer Disclosures will be non-confidential. Except as otherwise expressly set forth herein, Reliance will be free to use and disclose any Developer Disclosures on an unrestricted basis without notifying or compensating You. You release Reliance from all liability and obligations that may arise from the receipt, review, use, or disclosure of any portion of any Developer Disclosures. Any physical materials You submit to Reliance will become Reliance property and Reliance will have no obligation to return those materials to You or to certify their destruction.
9.4. You may not issue any press releases or make any other public statements regarding this Program Agreement, its terms and conditions, or the relationship of the parties without Reliance’s express prior written approval, which may be withheld at Reliance’s discretion.
10.1. To the extent permitted by applicable law, You agree to indemnify and hold harmless, and upon Reliance’s request, defend, Reliance, its directors, officers, employees, independent contractors and agents (each an “Reliance Indemnified Party”) from any and all claims, losses, liabilities, damages, taxes, expenses and costs, including without limitation, attorneys’ fees and court costs (collectively, “Losses”), incurred by a Reliance Indemnified Party and arising from or related to any of the following: (i) Your breach of any certification, covenant, obligation, representation or warranty in this Program Agreement; (ii) any claims that the Software violates or infringes any third party intellectual property or proprietary rights; (iii) Your breach of any of Your obligations under Program Documents; (iv) any claims, including but not limited to any Customer claims, regarding the Software; or (vi) Your use of the Developer Kit, the Portal, the Store and Test Units.
10.2. You acknowledge that neither the Developer Kit nor the Portal, including the Facilities, are intended for use in the development of the Software in which errors or inaccuracies in the content, functionality, services, data or information provided by any of the foregoing or the failure of any of the foregoing, could lead to death, personal injury, or severe physical or environmental damage, and, to the extent permitted by law, You hereby agree to indemnify, defend and hold harmless each Reliance Indemnified Party from any Losses incurred by such Reliance Indemnified Party by reason of any such use.
10.3. In no event may You enter into any settlement or like agreement with a third party that affects Reliance's rights or binds Reliance in any way, without the prior written consent of Reliance.
11.1. The term of this Program Agreement shall be as stipulated by Reliance on the Portal. (“Term”).
11.2. This Program Agreement and all rights and licenses granted by Reliance hereunder and any services provided hereunder will terminate, effective immediately upon notice from Reliance: (i) if You fail to comply with any term of this Program Agreement (ii) if You, at any time during the Term or Renewals, commence an action for patent infringement against Reliance; (iii) if You become insolvent, fail to pay Your debts when due, dissolve or cease to do business, file for bankruptcy, or have filed against You a petition in bankruptcy; or (iv) if You engage, or encourage others to engage, in any misleading, fraudulent, improper, unlawful or dishonest act relating to this Program Agreement, including, but not limited to, misrepresenting the nature of the Software.
11.3. Either Party may terminate the Agreement at any time for any reason or for no reason, by giving at least seven (7) days prior written notice to the other Party.
11.4. Upon the termination of this Program Agreement for any reason, You agree to immediately cease all use of the Developer Kit and erase and destroy all copies, full or partial, of the Developer Kit and any information pertaining to the Program in Your possession or control. At Reliance’s request, You agree to provide written certification of such destruction to Reliance.
11.5. Any provisions of the Agreement which, either expressly or by implication, survive the termination or expiration of this Program Agreement will survive the termination or expiration of this Program Agreement.
12.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE DEVELOPER KIT, PORTAL AND FACILITIES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE DEVELOPER KIT, PORTAL AND FACILITIES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND RELIANCE, RELIANCE’S AGENTS AND RELIANCE'S LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. RELIANCE DOES NOT WARRANT THAT THE OPERATION OF THE DEVELOPER KIT, PORTAL AND FACILITIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS OR ERRORS IN THE DEVELOPER KIT, PORTAL AND FACILITIES WILL BE CORRECTED, OR THAT THE DEVELOPER KIT, PORTAL AND FACILITIES WILL BE COMPATIBLE WITH STORE OR DEVICES OR ANY THIRD PARTY SOFTWARE, APPLICATIONS, OR SERVICES, OR THAT ANY INFORMATION STORED OR TRANSMITTED THROUGH THE DEVELOPER KIT, PORTAL AND FACILITIES WILL NOT BE LOST, CORRUPTED OR DAMAGED. YOU ACKNOWLEDGE THAT THE DEVELOPER KIT, PORTAL AND FACILITIES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE ERRORS, DELAYS, FAILURES OR INACCURACIES IN THE TRANSMISSION OR STORAGE OF DATA OR INFORMATION BY OR THROUGH THE DEVELOPER KIT, PORTAL AND FACILITIES COULD LEAD TO DEATH, PERSONAL INJURY, OR FINANCIAL, PHYSICAL, PROPERTY OR ENVIRONMENTAL DAMAGE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RELIANCE OR A RELIANCE AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY NOT EXPRESSLY STATED IN THIS PROGRAM AGREEMENT.
13. LIMITATION OF LIABILITY
13.1. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL RELIANCE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THIS PROGRAM AGREEMENT, YOUR USE OR INABILITY TO USE THE DEVELOPER KIT, PORTAL AND FACILITIES, OR YOUR DEVELOPMENT EFFORTS OR PARTICIPATION IN THE PROGRAM, HOWEVER CAUSED, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY, OR OTHERWISE, EVEN IF RELIANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT WILL RELIANCE’S TOTAL LIABILITY TO DEVELOPER FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW) EXCEED THE AMOUNT OF TEN THOUSAND RUPEES (INR ₹10,000). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
14.1. THIRD PARTY RIGHTS: Portions of the Portal, including the Developer Kit, may utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the Portal, including the Developer Kit and Your use of such material is governed by their respective terms.
14.2. COLLECTION OF DATA: You acknowledge that Reliance and its affiliates, associates, subsidiaries and agents will be collecting, using, storing, transmitting, processing and analyzing (collectively, “Collecting”) diagnostic, technical, and usage logs and information pertaining to You and the Software from the Portal, Store and/or Devices, including Test Units. This information will be Collected in a form that does not personally identify You. You agree that Reliance may share such diagnostic, technical, and usage logs and information with partners and third-party developers for purposes of allowing them to improve their products and services that operate on or in connection with Store and Devices. By installing or using the Developer Kit and the Portal, You acknowledge and agree that Reliance and its affiliates, associates, subsidiaries and agents have Your permission to Collect all such information and use it as set forth above in this Section.
14.4. ASSIGNMENT: This Program Agreement may not be assigned, nor may any of Your obligations under this Program Agreement be delegated, in whole or in part, by You by operation of law, merger, or any other means without Reliance’s express prior written consent and any attempted assignment without such consent will be null and void.
14.5. RELATIONSHIP: This Program Agreement will not be construed as creating any other agency relationship, or a partnership, joint venture, fiduciary duty, or any other form of legal association between You and Reliance, and You will not represent to the contrary, whether expressly, by implication, appearance or otherwise. This Program Agreement is not for the benefit of any third parties.
14.6. INDEPENDENT DEVELOPMENT: Nothing in this Program Agreement will impair Reliance's right to develop, acquire, license, market, promote, or distribute products or technologies that perform the same or similar functions as, or otherwise compete with, Software, or any other products or technologies that You may develop, produce, market, or distribute.
Jio Platforms Limited, Name: Mr. Ashish Gupta Address: TC 22 Reliance Corporate Park, Thane-Belapur Road, Ghansoli, Navi Mumbai - 400 701 Phone Number: 9082963189 Email: Ashish10.Gupta@ril.com
With a copy to: Attn: Legal Department TC 22 Reliance Corporate Park, Thane-Belapur Road, Ghansoli, Navi Mumbai - 400 701
14.8. SEVERABILITY: If a court of competent jurisdiction finds any clause of this Program Agreement to be unenforceable for any reason, that clause of this Program Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Program Agreement shall continue in full force and effect.
14.9. WAIVER AND CONSTRUCTION: Failure by Reliance to enforce any provision of this Program Agreement shall not be deemed a waiver of future enforcement of that or any other provision. Any laws or regulations that provide that the language of a contract will be construed against the drafter will not apply to this Program Agreement. Section headings are for convenience only and are not to be considered in construing or interpreting this Program Agreement.
14.10. EXPORT CONTROL: You may not use, export, re-export, import, sell, release, or transfer the Developer Kit, except as authorized by Indian law, and any other applicable laws and regulations.
14.11. GOVERNING LAW: This Program Agreement will be governed by and construed in accordance with the laws of the Republic of India, excluding its conflict of law principles. Each Party irrevocably submits to the exclusive jurisdiction of the courts of Mumbai, India.
14.12. ENTIRE AGREEMENT: This Program Agreement represents the entire understanding between the Parties in relation to its subject matter and supersedes all prior agreements and representations made by either Party, whether written or oral, except as set forth in this Program Agreement.