End User License Agreement

Storage Benchmark Plus

Last Updated: Jun 1st, 2022

Effective Date: Feb 2021

By downloading or using Storage Benchmark Plus mobile application(“Software”,”Mobile App”), these terms of this license agreement will automatically apply to you – you should make sure therefore that you read them carefully before using either app. Please read this document carefully before using our mobile apps. This document provides important information concerning the use of our mobile apps, provides you with a license to use the mobile apps and contains warranty and liability information.
By using Storage Benchmark Plus, you are accepting the software “As is” and agree to be bound by the terms of this license agreement. If you do not agree to the terms of this license agreement, do not proceed to use Storage Benchmark Plus in any manner and you must uninstall and discontinue the use of the app immediately. Use of Storage Benchmark Plus signifies your acceptance of the terms of this license agreement.

1. Terms of license
This license allows you to:
(a)Use the mobile app on a single mobile device or use the wearable app on a single wearable device; and
(b)Grants you a non-exclusive, non-transferable, limited, worldwide and perpetual license to download, install, and use the mobile and wearable App for your personal and internal business purposes strictly in accordance with this Agreement.

If you wish to use the app on more than one device, you must purchase and install another copy of the app.

2. Restrictions on use
Unless Vishtek Studios LLP has authorized you to distribute the apps, you shall not make or distribute copies of the apps or transfer the apps from one device to another. You shall not decompile, reverse engineer, disassemble, include in other software, or translate the app, or use the app for any commercial purposes. You shall not modify, alter, change or otherwise make any modification to the mobile app. You shall not rent, lease, resell, sub-license, assign, distribute or otherwise transfer the mobile app or this license. Any attempt to do so shall be void and of no effect. You aren’t allowed to make copies of the mobile or wearable app. Other users may not use your copy of Storage Benchmark Plus. The assignment, sale, sub-license, networking, distribution of copies is strictly forbidden.

3. Ownership
This license provides you with limited rights to use the mobile app. Vishtek Studios LLP retains all ownership, rights, title and interest in, to and of the mobile App and all copies of it. All rights not specifically granted in this license, including domestic and international copyrights, are reserved by Vishtek Studios LLP.

4. Disclaimer of warranties and technical support
This mobile/wearable app is provided to you as a paid app and on an “As is” basis, without any technical support or warranty of any kind including, without limitation, any warranty or condition of merchantability, fitness for a particular purpose and non-infringement. Vishtek Studios LLP may deploy changes, updates, or enhancements to its Mobile/Wearable App at any time. Vishtek Studios LLP may provide maintenance and support for the Mobile App, but has no obligation whatsoever to furnish such services to you. In no event will Vishtek Studios LLP or its associated employees, share holders, founders, stakeholders be held liable for any damages arising from the use of this app. Vishtek studios LLP expressly disclaims all warranties of any kind. This disclaimer also concerns all files generated, edited or modified with Storage Benchmark Plus as well.

5. Proprietary markings
Vishtek Studios LLP’s logos, product names, manuals, documentation, and other support materials are either copyrighted, or constitute valuable trade secrets (whether or not any portion of them may be copyrighted or patented) or are otherwise proprietary to the owner. You shall not remove or obscure the owner’s copyright,  or other proprietary notices from any of the materials contained in this package or downloaded together with the software.

6.Privacy Policy

Storage Benchmark Plus is available on Google Play and we don’t collect any usage data in this app. However, google play services automatically collects anonymous app install/uninstall data for displaying in the Google Play developer console(play install statistics). We don’t collect any usage data in this app.

You can read more in the privacy policy. At Vishtek Studios LLP, we take your privacy very seriously, we strictly respect your privacy and user privacy is one of our highest priorities. We do not record, store, collect any personal information(information that identifies you as an individual). 

Storage Benchmark Plus is available officially only on Google Play(Link).

7. Termination 
Any failure to comply with the terms and conditions of this document will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Storage Benchmark Plus and destroy all copies of Storage Benchmark Plus supplied under this document. The financial obligations incurred by you shall survive the expiration or termination of this license. If you do not agree to the terms and conditions specified by this agreement, you can remove Storage Benchmark Plus from your device.

8.Governing Law
This agreement, terms of use, your use of the software application shall be governed by the Laws of India (Governing Law – Laws of India, Jurisdiction – Chennai), without regard to its conflict of law principles.

9.Limitation of Liability
You will indemnify, hold harmless and defend Vishtek Studios LLP, its employees, founders, shareholders, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Vishtek Studios LLP’s software(Storage Benchmark Plus).

In no event(including, without limitation, in the event of negligence) will Vishtek Studios LLP, its employees, founders, shareholders, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever(including , without limitation, damages for loss of profits, loss of use, business interruption, loss of information or pecuniary loss), in connection with or arising out of or related to these terms, Storage Benchmark Plus or the use or inability to use Storage Benchmark Plus or the furnishing, performance or use of any matters hereunder whether based upon contract, tort or any other theory including negligence.

Vishtek Studios LLP’s entire liability, without exception is limited to the customer’s reimbursement of the purchase price of the Software(maximum being the lesser of the amount paid by you and the suggested retail price as listed by Vishtek Studios LLP) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of the license from the customer back to Vishtek Studios LLP.

10. Refund Policy for In-App Purchase
Refund requests for Storage Benchmark Plus will be processed and issued only if the refund request is made within the 72 hr timeframe from the time of purchase. Post 72 hr timeframe, the purchases become ineligible for refunds.

11.Prohibited Uses
You agree not to use the App in any way that:

  • is unlawful, illegal or unauthorized;
  • is defamatory of any other person;
  • infringes any copyright, database right or trade mark of any other person;
  • is likely to harass, upset, embarrass, alarm or annoy any other person;
  • is likely to disrupt our service in any way; or
  • advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.

12. Copyright Restriction
No program, code, part image, audio sample, or text may be copied or used in way by the user except as intended within the bounds of the single user program. All rights not expressly granted here under are reserved for Vishtek Studios LLP. Storage Benchmark Plus, Storage Benchmark Plus, the app, elements and concept belongs to Vishtek Studios LLP.

Vishtek Studios LLP reserves the right to modify this EULA anytime. Vishtek Studios LLP will post the most current version of this license agreement at https://www.vishtekstudios.com/Storage-Benchmark-Plus-terms-of-use-eula/

If you have any questions, or comments regarding our EULA, terms and conditions or policies, please email us at support @vishtekstudios.com.