End User License Agreement (EULA) — Envitrans

Applies to AERMOD Cloud, CALINEpro, FDMpro, dhwaniPRO and other Envitrans software

EULA
Bottom line: Envitrans licenses software — it is not sold. We retain ownership, provide limited support to active subscribers, and limit liability as set out below.

1. License Grant

Envitrans grants Subscriber a non-exclusive, non-transferable, limited subscription or perpetual license (as ordered) to use the Software for internal business, research or educational purposes only. The Software is licensed, not sold.

2. Activation & Permitted Use

  • Envitrans issues Activation Codes or license keys specifying allowed modules, users and concurrency. Codes must not be shared, modified, or reverse-engineered.
  • Remote or online license checks may be required; continuous connectivity is the Subscriber’s responsibility for remote-license models.

3. Ownership & IP Rights

All rights, title and interest in the Software, documentation and related materials remain the exclusive property of Envitrans. Subscriber acquires no ownership rights. Envitrans retains all rights not expressly granted.

4. Support, Updates & End-of-Life (EOL)

Support and updates are provided only to active subscribers as described in the applicable order. Envitrans may designate versions as End-of-Life (EOL); EOL means no further updates, fixes or compatibility guarantees.

  • Envitrans will use commercially reasonable efforts to provide ≥90 days’ notice before EOL.
  • Security patches are not guaranteed for EOL versions; continued use post-EOL is at Subscriber’s risk.

5. Fees, Payment & Renewal

  • Fees are non-refundable except where explicitly stated in this Agreement (see Section 7 Warranty & Liability cap).
  • Additional users or capacity require payment of the then-current fees. Failure to pay may result in suspension or termination of access.

6. Term & Termination

  • The Agreement runs from the Effective Date until expiry or termination.
  • Envitrans may terminate immediately for material breach or discontinue services with three (3) months’ written notice.
  • On termination Subscriber must stop all use; activation codes will be disabled. Termination does not relieve payment obligations accrued prior to termination.

7. Limited Warranty & Limitation of Liability

Envitrans warrants that the Software will substantially conform to its documentation for seven (7) days from delivery. Except for this limited warranty, the Software is provided “AS IS” and Envitrans disclaims all other warranties (express or implied).

Liability cap: Envitrans’s sole liability for breach of the express warranty above is, at Envitrans’s option, to (a) correct any reproducible defect within a reasonable period, or (b) refund the subscription fee paid for the affected license (less taxes and administrative costs), capped at ₹30,000. Under no circumstances will Envitrans be liable for indirect, incidental, consequential or punitive damages.

8. License Types & Support Entitlement

Two primary models: subscription (time-bound; includes updates/support while active) and perpetual (one-time right to a specific version; updates/support only if separately contracted). Perpetual licensing does not imply ongoing compatibility or maintenance.

9. Remote Activation & Connectivity

Licenses requiring remote activation depend on the Subscriber’s network connectivity. Envitrans is not liable for interruptions caused by the Subscriber’s network, firewalls, or changes to third-party services.

10. Data Collection & Diagnostics

Envitrans and its affiliates may collect non-identifying technical data and usage metrics to improve products and services. Any personal data handling is subject to Envitrans’s Privacy Policy.

11. Governing Law & Dispute Resolution

This Agreement is governed by the laws of India. Disputes not resolved amicably shall be referred to arbitration by a sole arbitrator appointed by the parties, held in New Delhi in English under the Arbitration & Conciliation Act, 1996.

12. Entire Agreement & Notices

This Agreement (including any order, activation confirmation and purchase terms) is the complete agreement between Subscriber and Envitrans and supersedes prior communications. Amendments require written agreement signed by both parties.

Notices: Send notices to Envitrans Private Limited, 3F-CS-70, 3rd Floor, Ansal Plaza, Sector-1, Vaishali, Ghaziabad 201010, UP, India or email sales@envitrans.com.

Envitrans reserves the right to update this Agreement. Continued use after changes means acceptance.

Version: 2025-Q1-0104 · Last updated: