Updated on 17th May 2020.
This End-User License Agreement (“License”) is a legal agreement between you (“Licensee”, “Customer” or “you”) and us (‘Ultim8e’, ‘Ingress IT Solutions’, ‘Ingress IT’, ‘Ingress IT Team’, ‘Ultim8e Team’, ‘Ultim8e Product’) Ingress IT Solutions, #610, Vraj Valencia, Science City Rd., Sola, Ahmedabad – 380060, Gujarat, India (“Licensor” or “we“).
This License sets out our respective rights and obligations in respect of the (“Ultim8e“) software/code/plugins/graphics/theme products and all documentation associated with it and made available to you (“Documentation“).
In this agreement, unless the context otherwise requires:
information’ means all business, technical, financial
or other information created or exchanged between the parties.
means the amount paid for the license for the Term.
rights’ means patents, rights in designs, trade marks, trading, business or domain
names and email addresses, copyrights (including any such rights in typographical arrangements,
websites or software) whether registered or not and any applications to register or rights to
apply for registration of any of the foregoing, rights in inventions, know how, trade secrets
and other confidential information, rights in databases and all other intellectual property
rights of a similar or corresponding character which subsist now or in the future in any part of
means any of the Ultim8e products that are categorized in software, code, plugin, graphic,
theme, etc. This also includes upgrades made to Ultim8e Product during the Term.
means the length of the License.
‘the Trade Marks‘
means the trade marks, names and logos of Ingress IT Solutions.
means a person who accesses the Licensee’s site or any part of it.
means pages or a related group of pages linked together using the hypertext transfer protocol
means any of the products that are sold under the Ultim8e licensing agreement that can be Theme,
Code, Plugin, Software, Applications, Web-App, Mobile-App, Graphics, 3D Animations, etc.
The Licensor grants the Licensee a limited non-exclusive, non-transferable license (with no
right to sub-license) in exchange for the Fee subject to the terms of this EULA.
The Software is licensed for a specific period of time (‘The Term’); the standard term being 1
year. Once the license expires, the Licensee must either renew the license or remove Ultim8e
Product from their systems. Once the license has expired, Ultim8e Product may automatically
cease to function if it is not renewed.
2.3 Agent Accounts:
The Software is licensed on a per agent basis commonly known as seat based licensing. Unless you
have an unlimited agent license; You are responsible for ensuring that the number of agents
using Ultim8e Product is less than or equal to the number of Agent accounts you have purchased.
Only one individual person may use an individual agent account. You are responsible for ensuring
that agents do not share accounts via any technical method..
You shall keep the attribution and hyperlink to Ultim8e Product and its website intact unless an
additional license and agreement is obtained from Ultim8e/Ingress IT Solutions to remove the
2.5 No Reselling,
Time-Sharing or Sub-Licensing:
You may not lease, license, sublicense, sell, resell, rent, or otherwise commercially exploit
Ultim8e Product to any third party.
2.6 Number of Live
You are permitted only a single, live, accessible installation of Ultim8e Product that is
accessible from a unique URL. If you need access to Ultim8e Product through multiple URLs or
Domain Names or have multiple installs of Ultim8e Product you will require additional licenses.
2.7 Number of Test
You are permitted a single test installation. This installation must not be publicly available
and can only be used for internal testing of Ultim8e Product. A separate license code is
provided for your test installation which limits certain functionality.
As part of the payment for Ultim8e Product you will also receive support for Ultim8e Product via
email. This support will be provided on a best effort basis and it is not guaranteed that it
will be possible to fix any problem You may have using Ultim8e Product. Telephone support is not
included with the license but We may offer additional telephone support contracts that You may
choose to purchase.
As part of the payment for Ultim8e Product you will also receive, without additional cost,
upgrades to Ultim8e Product as and when they are made available. Upgrades will only be provided
to Customers whose license remains active.
You must provide us with accurate account information. This includes providing us with the URL
of the computer(s) on which you have installed Ultim8e Product.
2.11 Right to
We may audit the use of Ultim8e Product for compliance with the terms of EULA at any time, upon
2.12 Cost of
In the event that such audit reveals any use of Ultim8e Product by you other than in full
compliance with the terms of EULA, you shall reimburse us for all reasonable expenses related to
such audit in addition to any other liabilities you may incur as a result of such
3.1 Modification at Your
The Software source code, excluding small sections of code used to manage licensing is
visible/unencoded/uncompiled and modifications to ‘The Software’ are allowed at your own risk.
The Licensor will not provide support for the modifications that you make.
3.2 Distribution of
You may not distribute any modifications you make to Ultim8e Product without the permission of
3.3 Assignment of Rights
to Modified Code:
If modified Ultim8e Product source code, or source code directly integrated with Ultim8e Product
is made available to the Licensor in any form; you agree to assign all rights of the
modifications to the Licensor. These rights shall include – without limitation the right to use,
the right to modify, the right to integrate and incorporate into any existing or future work,
the right to exploit, the right to grant licenses and sub-licenses, the right to distribute, the
right to reproduce and the right to dispose. The Licensor provides an indefinite, non-exclusive
license for the Licensee to the modified source code.
4.1 License Code:
Upon receipt of payment, a license key code will be delivered to the Licensee. This code should
be entered into Ultim8e Product along with the purchased email address. The licensee may be
required to update the license key code from time to time.
If you want to keep Ultim8e Product running we request you to reach out to email@example.com
along with your registered email id and license key for your renewal. You must renew your
license at least 10 days before the expiry of the term. As part of the Subscription License, all
Updates, Upgrades, and e-mail support for problems will be provided to you at no additional cost
during the intended period.
4.3 Changes to Agent
If Ultim8e Product purchased by you comes with the Agent Accounts feature then to increase the
number of agent accounts for your license, you will be charged a time adjusted amount for those
agents up to your next license renewal date. If you decrease the number of agent accounts, the
lower price will be reflected in your next renewal date but no refund will be given for any
4.4 Price Changes:
Ultim8e reserves the right to change prices at any time.
5.1 Error Reports:
When Ultim8e encounters an error, this error is automatically logged with the Ultim8e servers to
enable Us to rapidly resolve any potential problems with Ultim8e Product. Although technical
steps have been taken to prevent it, it is possible that confidential information may be
included with these reports. You can disable the automatic reporting of errors in the Admin
5.2 Anonymized Data:
Ultim8e may collect usage data from Ultim8e installations. You agree that Ultim8e may use,
disclose, market and license aggregated, anonymized Usage Data for any purpose without
5.3 Access to
If in a response to a request for technical support, you provide us direct access to your
Software installation, either by providing usernames and passwords or using the remote access
tool built into Ultim8e, you accept that you will be providing the Licensee full access to your
installation and confidential data. If when accessing your data we lose or in some way damage
your data, servers, equipment or any system we will only be held liable the extent set out in
Clause 9.2 below.
All information relating to your agreement with the Licensor, such as price of Ultim8e Product
and terms on which Ultim8e Product is licensed, are to be held in the strictest confidence.
You agree to allow Ultim8e to identity yourselves as a customer of Ingress IT Solutions, and to
include this information on relevant marketing materials.
We reserve the right to monitor how the License is being used. W