This End-User License Agreement ("EULA") is a legal agreement between you (“End User”) and Mahindra and Mahindra Limited (“M&M”).
This EULA governs the End User’s use of “BluesensePlus App - XUV400” (referred to as “App”) provided by M&M. “BluesensePlus App - XUV400” is connected app for personal owners of electric vehicles from M&M.
Please read this EULA carefully before completing the installation process or using this App. By clicking "accept" or installing and/or using the App, this EULA forms a binding Agreement between the End User and M&M. In the event the End User does not agree the terms of this EULA, the End User should not accept the terms of the EULA and should not use the App. If End User is entering into this EULA on behalf of a company or other legal entity, End User represents that the End User has the authority to bind such entity and its affiliates to these terms and conditions. If the End User does not have such authority, the End User should not install or use the App and the End User must not accept this EULA
This EULA shall apply only to the App supplied by M&M. The End User acknowledges that the App may contain proprietary software of third parties (“Third Party Software”) use of which is governed by their respective licenses. End User’s use of Third Party Software shall be subject to the respective terms and conditions of such Third Party Software. Such Third Party Software are provided by M&M “as is” and M&M does not make any representation or warranty of any kind or nature, with respect to use of such Third Party Software. The terms of this EULA applies to any M&M updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms shall be applicable on the End User for the use of the App. The terms of this EULA shall also be applicable for any trial version of the App or trial of any additional service available through the App.
Charges:
Access to the App is free and M&M does not charge any fee for using the App. M&M reserves the right to change its fee policy from time to time. In particular, M&M may at its sole discretion introduce new Services and modify some or all of the existing Services offered on the App. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws for making payments to M&M.
License Grant:
M&M hereby grants the End User a limited, non-transferable, non-sub licensable, non-assignable, revocable and non-exclusive licence to use this App on End User's devices solely for the purpose of personal use & in accordance with the terms of this EULA.
Right to Monitor and Collect Information:
M&M will have the right to monitor all use of App and collect information associated vehicle information for diagnostics, research, for any other internal business purposes and to ensure compliance with the terms of this EULA. Information collected by M&M through the App will include various vehicle performance parameters (“Information”). The End User acknowledges that the Information collected by M&M shall be the property of M&M and M&M shall own all rights, title and interest in such Information. This EULA does not grant any license to the End User to use the Information except for the purpose of personal consumption in relation to the use of the vehicle and the App.
Upgrade & Maintenance:
M&M shall have right to upgrade and maintenance of the App on frequent intervals. End Users will be informed in advance about such upgrades and maintenance by way of notification on the App and/or by way of any other means of communication.
Restrictions:
End Users are not permitted to:
Intellectual Property Rights:
M&M shall at all times retain all rights, title and ownership including all Intellectual Property Rights in the App as originally downloaded/accessed by the End User and all subsequent downloads/updates of the App. The App (and the Intellectual Property Rights of whatever nature in the App, including any modifications made thereto) are and shall remain the exclusive property of M&M and no rights, title and interest in the App are transferred to End User under this EULA.
“Intellectual Property Rights” shall mean all rights in all patents, patent applications, trademarks, service marks, trade names, trademark registrations, service mark registrations, copyrights, licenses, inventions, trade secrets and any other similar rights in any jurisdictions, whether protected under law or not.
No Warranty:
M&M expressly disclaims any warranty for the App. The App & any related documentation is provided “as is” without warranty of any kind, either express or implied, including without any limitation, any warranty for App being free from errors, uninterrupted use of the App or any implied warranties or merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising out of use or performance of the App remains with the End User.
Confidential Information:
The End User may during the use of App receive or gain access to proprietary information of M&M including but limited to information related to its business, technology, or products (“Confidential Information"). The End user hereby agrees to keep such Confidential Information secret and confidential and not use such Confidential Information for any purpose other than as provided under this EULA.
Indemnification:
The End User shall defend, indemnify and hold harmless M&M, its directors, employees, agents and representatives from and against any claims, demands, loss, damage, liability, causes of action, judgments, or costs and expenses of every nature (including attorney’s fees and expenses) resulting from: (i) breach of any terms and conditions, obligations, covenants, warranties and representations by the End User; (ii) violation of any applicable laws by the End User; and (iii) fraud or fraudulent misrepresentation by the End User.
Claims:
In the event of third party claims that the App infringes such third party's intellectual property rights, M&M shall, at its sole discretion, either substitute an equivalent non-infringing App or obtain the necessary rights to continue to use the App.  The rights granted hereunder shall be your sole and exclusive remedy for any alleged infringement of any patent, copyright, trademark or any other proprietary right in relation to use of App.
No Liability for Damages:
In no event M&M shall be liable for any damages, claims, losses etc. including any special, consequential, incidental or indirect damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the App, even if M&M is aware of the possibility of such damages and known defects.
Termination:
This EULA is effective from the date of download or the first use the App and shall continue until terminated. M&M retains the right to terminate this EULA immediately if the End User fails to comply with any term or obligation of this EULA. Upon termination of this EULA, the licenses granted under this EULA will immediately terminate and the account of the End User on the Software shall be deactivated by M&M. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
Grievance Officer:
All service complaints relating to the functioning of the App can be logged in through the details specified below, which will be attended by an appointed personnel of the M&M.
For any service related queries or complaints relating to the App, you can write to us at [email protected].
Governing Law:
This EULA, and any dispute arising out of or in connection with this EULA, shall be governed by and construed in accordance with the laws of India. The Courts at Mumbai shall have exclusive jurisdiction in respect of all matters arising under or out of this Agreement.