Download Terms-Conditions and Refund Policy - Startups

This Agreement is between C-DAC and the “Indian startup” (as defined in below section). The terms and conditions mentioned in this Agreement pertain to using the Portal, receiving (or downloading) and using various Resource(s) available on the National Platform for Language Technology (NPLT) namely http://nplt.in.

About National Platform for Language Technology (NPLT)

Centre for Development of Advanced Computing (C-DAC), is an autonomous scientific organization of Ministry of Electronics and Information Technology (MeitY), Govt. of India. C-DAC headquarter is located at following physical address:

C-DAC Innovation Park,
Innovation Park 34, B/1, Panchawati Rd,
Panchawati, Pashan, Pune, Maharashtra 411008.

C-DAC has designed and developed National Platform for Language Technology (NPLT), hereinafter also referred as the Portal, namely http://nplt.in for consolidating and making available the linguistic Resource(s), tools/ software and web services especially for Indian languages. NPLT is a data viewing and downloading Portal, including related features, products and services maintained by C-DAC for certain Users. Many of the Resource(s) made available on the website are developed by Indian research and educational organizations such as C-DAC, IITs, IISc’s, IIITs, NITs, and others with the help of funding from Technology Development for Indian Languages programme (TDIL), Ministry of Electronics and Information Technology (MeitY), Govt. of India. The purpose for developing NPLT is that the Indian language resources be made available on a single platform and form a National repository for the welfare and advancement in ICT R&D, especially the Indian language technology area.

Definition:

1. Resource(s)
Resource(s) shall mean a collection of linguistic data (text, images, graphics, photographs, audio clips, video clips, designs, icons, sounds, information, data and other materials displayed on, contained within or otherwise associated with NPLT ), tools /software, web services and related documentation herein after collectively called as “Resource(s)” unless explicitly referred to specific type of resource.
2. Contributor
Contributor shall mean any Individual/ academic researcher/ academic institution/ start-up/ industry (irrespective of the country) who desires to make their Resource(s) available on NPLT. Making Resources available on NPLT means either a) the Resources are actually uploaded on infrastructure provided by C-DAC or b) The information is made available on NPLT as catalogue for searching and the link to actual Resources is shown to the End Users. Rights of decision making on whether the infrastructure will be made available to Contributor for uploading the contents rests exclusively with C-DAC and will be decided on case to case basis. In case Contributor wishes to make available Resources in the form of catalogue, appropriate catalogue information needs to be shared with NPLT by Contributor.
3. Indian Startup
“Indian startup” (herein after also referred to as User) is an organization registered as startup under Department of Industrial Policy & Promotion (DIPP) AND having valid DIPP number as on the date of registration on NPLT AND wishes to use the “Resource(s)” for research/ development work/ commercial purposes.
Currently, “Indian startup(s)” can register on NPLT Portal and make use of the Resource(s) available on it for research, development, commercial use. This privilege however is subject to change any time and User(s) is requested to check this page on regular basis.

Agreement:

This online Agreement is applicable and binding on “Indian startup(s)”. This is the online Agreement through which the “Indian startup(s)” are allowed to download and use the Resource(s) available through http://nplt.in for research, development or commercial use. Contributor(s) is the owner of IPRs of the individual Resource(s) and he is entitled to grant a permission or enter into agreement with any Indian startup(s).

All the “Indian startup(s)” have to register on the NPLT Portal for carrying out any transactions on NPLT. They have to provide relevant information (as asked in the form) at the time of registration/ downloading the Resources. “Indian startup(s)” can also visit NPLT Portal without registration but they will not be allowed to download and use any Resource(s) without providing additional information.

You, the “Indian startup” or their authorized representative, hereby agree to comply with the following terms and conditions in connection with receiving / downloading and using the Resources available on NPLT- http://nplt.in. The Terms and Conditions of this Agreement governs Your access to and use of NPLT. By clicking the box indicating Your acceptance of this Agreement, You acknowledge that You have Read, Understood and Agreed to be bound by the Terms and Conditions of this Agreement. This Agreement is subject to change and You will be bound by such changes. You should periodically review this Agreement. If You do not agree with these Terms and Conditions, You must not accept this Agreement and You may not access or use NPLT.

Terms and Conditions:

  1. C-DAC reserves the right in its sole discretion to modify, add or remove any portion of this Agreement, in whole or in part, at any time with or without prior notice to You. You agree that notification to You of amendments in the Agreement will be posted to NPLT Portal and that such amendments will become effective after notification is posted and will remain in force (prospectively or retrospectively, at the discretion of C-DAC/Contributors as the case may be), thereafter unless subsequently further modified or changed. Your continued use of Portal shall establish Your acceptance of all amendments in this Agreement.
  2. NPLT Portal may be modified, revised or upgraded from time to time by C-DAC without notice or liability. C-DAC may change, suspend, or discontinue any aspect of the Portal at any time, including but not limited to Portal Content, Resources offered, databases, hours of availability or use of Portal. Contributors may also impose limits on certain features or the Portal and/or restrict Your access to parts or all of the Portal without notice or liability.
  3. Resource(s) available on NPLT are made available to User(s) on free (except shipment cost) of cost basis. You are bound by other policies such as “Privacy Policy”, “Terms and Conditions” page for using NPLT website.
  4. Access to the Portal is granted in the absolute discretion of C-DAC and/or Contributors and may be terminated at any time.
  5. User(s) understands and agrees that he is receiving the Resource(s) on non-exclusive, non-transferrable basis. The Resource(s) available on NPLT may be purchased / received for free by other User(s) also.
  6. User(s) may use, modify, enlarge or enrich Resource(s) for research/ development work or commercial purposes, unless prohibited under certain terms of this Agreement.
  7. It is mandatory for the User(s) to explicitly and appropriately acknowledge NPLT/C-DAC in all places (Publication, Knowledge dissemination, software, tools, products, services, etc.). User(s) shall include the acknowledgement in all publications or publicly available materials regardless of their form (printed, electronic, papers, journals, articles or other), describing work which uses Resources from NPLT.
  8. User(s) may only on a need-to-know basis disclose the Resources to others who belong to the same Indian startup provided that others also agree to these terms and conditions of this Agreement.
  9. User (self or through someone else) shall not disclose the Resources to third party in any manner whatsoever (unless allowed under certain term of this Agreement) /copy/ distribute/sell/ offer for sale, the received Resource(s) in any form. The User(s) shall only be allowed to retain one copy of the Resource as a backup.
  10. C-DAC does not guarantee availability, performance, suitability, functionality, etc. of the Resource(s).
  11. Any support (Telephonic/ Through Email) required by the User(s) in regard to download or accessing the Resource(s) shall be provided by C-DAC during the office hours. Normally, the office hours are from 09.00 AM Indian Standard Time to 6.00 PM Indian Standard Time on working days of C-DAC. This support includes providing help to User(s) for issues related to NPLT Portal till the time the Resource(s) are not received by the User(s). Discretion of classifying the nature of issue (whether they are Portal related or Resource(s) related issues) will be exclusively with C-DAC.
  12. Support related to Resource(s) on the NPLT Portal will be provided by the respective Contributor(s)/ owner(s) of the Resource(s). C-DAC does not play any role into issues related directly to factors such as but not limited to functioning/ accuracy/ purity/ exhaustiveness/ purpose fitness. C-DAC disclaims any and all issues related to Resource(s).
  13. If any or all part of the Resource(s) contains its own permission or an additional restriction, the more restrictive version and/or amendment of the permission shall be in effect for that Resource(s). This Agreement will be still valid for remaining clauses.
  14. In the event the User(s) desires to use the Resource(s) in any manner not contemplated by this Agreement or not allowed by the terms of this Agreement, it should approach C-DAC.
  15. There shall be a separate online Agreement for each of the Resource(s) being downloaded by the User(s) and complying to one Agreement with C-DAC does not mean it can be used for downloading and using all the other Resource(s) from NPLT website.
  16. You understand that You may receive certain Confidential Information from C-DAC and/or Contributors. “Confidential Information” includes Portal, Portal Content, proprietary rights, financial, sales and marketing data and any other information transmitted via Portal. You agree that You will not disclose Confidential Information to anybody except as otherwise permitted herein.
  17. All intellectual property rights are fully reserved by C-DAC and/or Contributors. All text, images, graphics, photographs, audio clips, video clips, designs, icons, sounds, information (including Portal Content), data and other materials and all methods, methodologies, procedures, processes, know-how, software, algorithms, techniques and other technology displayed, used or incorporated on the Portal are copyrights, trademarks, service marks, trade secrets or other intellectual property or proprietary content owned by C-DAC and/or Contributors.
  18. User(s) agrees to adopt all appropriate security measures needed to protect owner’s Intellectual Rights Property (IPR) in Resource(s) and agrees to take all reasonable steps to ensure that no unauthorized use is made of Resource(s) or of any copies, derived works or extracts thereof.
  19. User(s) understands and agrees that the Resource(s) provided to them are on “as is where is” basis. C-DAC does not assume any responsibility towards any financial/ legal /other issues arising out of use of the Resource(s). C-DAC does not warrant the utility, marketability and safety of Resources for any purpose whatsoever.
  20. User(s) understands and agrees that he should contact the concerned Contributor(s) for any issues related to use/ information of Resource(s). C-DAC is not responsible in any way for these types of operational issues. However, C-DAC may help User(s) to raise the issues with the Contributor(s) or owner(s) by providing them the online facility for raising issues on NPLT Portal.
  21. C-DAC shall not be responsible for any loss or damages suffered by the User(s) or any person as a direct/ indirect result of use or possession of the Resource(s).
  22. If the User(s) notices any errors, inconsistencies, shortcomings with regard to/ in Resource(s), he may communicate in writing such error/ suggestions to respective owners(s).
  23. Should the User by itself/ himself/ herself or anyone acting on their behalf fail to comply with any of the conditions in this Agreement, this Agreement shall terminate immediately and Resource(s), its copies and derivative works based on it shall be destroyed. Such termination shall be without prejudice to any claim which C-DAC may have either for monies due and/or damages and/or otherwise against the User(s).
  24. This Agreement terminates if the User(s) destroys all copies of Resource(s) or any derived work thereof in his possession or power.
  25. If the “Indian Startup” is taken over by other organization/ legal entity, this Agreement is deemed terminated immediately and the new organization who has taken over cannot continue to use the Resource(s) downloaded/ demanded earlier unless the new organization is also an “Indian Startup” and sought permission from C-DAC and/or Contributor(s). In all such cases where User it is taken over by another Indian startup, it is mandatory for the User to inform C-DAC in writing within 30 days of such takeover.
  26. If the “Indian Startup” is split into two or more organizations, this Agreement is deemed terminated immediately and the newly formed organizations cannot continue to use the Resource(s) downloaded/ demanded earlier unless the new organization is also an “Indian Startup” and sought permission from C-DAC and/or Contributor(s). In all such cases where User organization is split into other Indian startup, it is mandatory for the User to inform C-DAC in writing within 30 days of such split.
  27. If the User(s) for any reason whatsoever fails to fall under the definition of “Indian startup” as defined in this agreement, this Agreement is deemed terminated immediately.
  28. User(s) agrees to indemnify and hold harmless C-DAC and contributor(s) from all damages, claims and the like from any third party for infringement (if any) of any right of any such third party by reason of any act or omission committed by the User in breach of this Agreement.
  29. User agrees to indemnify C-DAC and Contributor(s) against any loss or damage caused to it due to hacking/ misuse of the Resource(s) by any party or work derived there from.
  30. User(s) are bound by the provisions of the Information Technology Act, 2000 & rules made thereunder or any other laws for the time being in force.
  31. C-DAC or Contributor(s) is not liable for any damages whatsoever. In no event will C-DAC or its suppliers be liable to the User, its associates or clients for any consequential, incidental or special damages including damages for any lost profits, lost savings, loss of data, costs, fees or expenses of any kind or nature arising out of any provision of this Agreement or the use or inability to use the purchased Resources, even if C-DAC has been advised of the possibility of such damages, or for any claim by any party.
  32. This Agreement shall be governed by the laws of Republic of India. User(s) understands and agrees that for any legal issues, jurisdiction will be courts of law in Pune, Maharashtra, India only.

Cancellation

  1. Due to the nature of the resources available on NPLT, we cannot honour any cancellations in the purchases made by the user(s).
  2. Users are advised to evaluate/ try the resource(s) available on NPLT before purchasing the same.
  3. Once the user purchases any resource from the portal, the order will not be cancelled in any circumstances.
  4. There will be no refund of the payment in any case.

Return

  1. Due to the nature of resource(s), all the resource(s) purchased from C-DAC through NPLT portal are non-returnable.
  2. There will be no refund of the payment in case the purchaser returns the resource back to NPLT.

Refund

  1. All resources purchased from C-DAC through NPLT are non-refundable.
  2. There will be no refund of the payment in any case.

This Agreement sets forth the entire understanding and Agreement of the parties on this matter.