End User License Agreement (EULA)
Last updated: Nov, 2025
This end user license agreement (the "Agreement") is entered into between Neil Automation incorporated under the laws of India having its Registered office at SEZ - Plot No. 21/2, Rajiv Gandhi Infotech Park, Hinjawadi Phase III, Pune 411057, India, and Corporate office at Pride Parmar Galaxy, 8th Floor, 10/10+A, Sadhu Vaswani Chowk, Pune- 411001, India. Neil Automation or its affiliates (collectively "Neil Automation ") (hereinafter referred to as "Neil Automation"). and the customer which has signified its acceptance of the terms and conditions of this Agreement ("Customer"). Neil Automation retains the right to utilize its affiliated companies in pursuing any of its rights and fulfilling any of its obligations under this Agreement. Therefore, the term “Neil Automation” as used herein may also refer to affiliated companies that are directly or indirectly owned or controlled by the ultimate parent company of Neil Automation and who have been authorized by Neil Automation to distribute the Application and related services. Please read this End-User License Agreement carefully before clicking the "I Agree" button, downloading or using PowerOptimus.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this End-User License Agreement:
Agreementmeans this End-User License Agreement that forms the entire agreement between Customer and the Company regarding the use of the Application.
ApplicationApplication means the software program provided by the Company downloaded by Customer to a Device, named PowerOptimus
‘Neil Automation’ / ‘Company’‘Neil Automation’ / ‘Company’ (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Neil Automation, having its registered office at SEZ - Plot No. 21/2, Hinjawadi Phase III, Pune – 411057, and Corporate office at Pride Parmar Galaxy, 8th Floor, 10/10+A, Sadhu Vaswani Chowk, Pune- 411001, India
Content, refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by Customer, regardless of the form of that content.
Country, refers to: India Customer refers to an individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable which has signified its acceptance of the terms and conditions of this Agreement
Third-Party Services, means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application.
Acknowledgment
By clicking the "I Agree" button, downloading or using the Application, Customer is agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the "I Agree" button, do not download or do not use the Application.
This Agreement is a legal document between Customer and the Company and it governs your use of the Application made available to Customer by the Company.
The Application is licensed, not sold, to Customer by the Company for use strictly in accordance with the terms of this Agreement
License
Scope of License
The Company grants Customer a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application strictly in accordance with the terms of this Agreement.
The license that is granted to Customer by the Company is solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
Third-Party Services
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.
Customer acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to Customer or any other person or entity for any Third-party Services.
Customer must comply with applicable Third parties' Terms of agreement when using the Application. Third-party Services and links thereto are provided solely as a convenience to Customer and Customer access and use them entirely at your own risk and subject to such third parties' Terms and conditions.
Third-Party Services
Customer Responsibilities and Prohibited Actions.
(a) Remarketing of Application -Customer will not cause or permit the loan, publication, transfer of possession (whether by sale, exchange, gift, operation of law or otherwise) of the Application, in whole or in part, to or for any third party, and/or use of the Application as a service bureau.
(b) Transfer of Application - Unless specifically allowed by the terms of this Agreement or as may be required by applicable law, Customer may not distribute, rent, loan, lease, sell, sublicense or otherwise transfer all or any portion of the Application, or any rights granted in this Agreement, to any other person without the prior written consent of Company.
(c) Reverse Engineering or Modifying the Application Prohibitions - Customer will not reverse engineer, decompile, translate, disassemble, or otherwise attempt to discover the source code of the Application. The prohibition against modifying or reverse engineering the Application does not apply to the extent that Customer is allowed to do so by applicable law.
(d) Authorized Agents; Indemnity. In addition to its own responsibility for compliance with the terms of this Agreement, Customer will ensure that Authorized Agents comply with the terms of this Agreement. Customer hereby agrees to indemnify Company from and against any and all liabilities, losses, claims, costs and/or expenses incurred by Company and/or its affiliates as a result of any violation of the terms of this Agreement by any Authorized Agent.
Intellectual Property Rights
No title to or ownership in the Application is transferred to Customer. Title to the Application, and all applicable rights in patents, copyrights, trade secrets and other intellectual property rights inherent in the Application, will remain in Neil Automation or third parties from whom Neil Automation has obtained the right to license the Application. Neil Automation reserves all rights in the Application not explicitly granted herein
Term and Termination
This Agreement shall remain in effect until terminated by Customer or the Company by removing all copies of the Application and documentation from Customer’s computer systems, destroying them and certifying the destruction to Neil Automation in writing. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from the Company, in the event that Customer fail to comply with any provision of this Agreement. Customer may also terminate this Agreement by deleting the Application and all copies thereof from your Device or from your computer.
Upon termination of this Agreement, Customer shall cease all use of the Application and delete all copies of the Application from your Device.
Termination of this Agreement will not limit any of the Company's rights or remedies at law or in equity in case of breach by Customer (during the term of this Agreement) of any of your obligations under the present Agreement.
Termination. Customer may terminate this Agreement at any time by removing all copies of the Application and Documentation from Customer’s computer systems, destroying them and certifying the destruction to Neil Automation in writing. Neil Automation will have the right to terminate this Agreement and/or any Limited Term License and/or Perpetual License granted hereunder immediately on notice to Customer if Customer: (a) violates the licenses restrictions of this Agreement, (b) violates the confidentiality restrictions contained in this Agreement, (c) fails to make any payments when due, including any late charges that may have accrued after such payment became due, or (d) files a petition in bankruptcy, has such a petition filed against it, which petition is not discharged within sixty (60 days) days after such filing, makes an assignment for the benefit of creditors, if a receiver, trustee, custodian or similar agent is appointed or takes possession of Customer’s assets, or if Customer ceases doing business in the ordinary course. In addition, Neil Automation will have the right to terminate this Agreement and/or any Limited Term License and/or Perpetual License granted hereunder if Customer breaches any other obligation or provision of this Agreement which breach remains uncured for a period of thirty (30) days after receipt of notice thereof from COMPANY.
Effect of Termination. Upon termination of this Agreement the licenses granted hereunder and all other provisions of this Agreement (except those specified in this Section) shall be terminated and Customer shall immediately cease using the Application, the Documentation and other Neil Automation confidential information and shall permanently delete all electronic copies thereof from Customer’s systems. Except as specifically set forth in this Agreement all license fees and Maintenance Services fees are non - refundable. Termination or expiration of this Agreement or any license granted hereunder shall not limit either party from pursuing other remedies available to it, including injunctive relief, nor shall such termination relieve Customer’s obligation to pay all fees that have accrued or are otherwise owed by Customer. Any terms or conditions of the Agreement which by their express terms extend beyond the termination or expiration of the Agreement or which by their nature should so extend shall survive and continue in full force and effect after any termination or expiration of this Agreement.
Indemnification
Customer agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
No Warranties
The Application is provided to Customer "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to Customer. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company shall be solely responsible for such warranty.
Limitation of Liability
Notwithstanding any damages that Customer might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or through the Application or 100 USD if Customer haven't purchased anything through the Application.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to Customer
Neither party may make a claim under this Agreement arising out of an event or events that occurred more than two (2) years after the event is, or should have been, discovered by the party making the claim.
Severability and Waiver
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Product Claims
The Company does not make any warranties concerning the Application.
United States Legal Compliance
Customer represent and warrant that (i) Customer are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Changes to this Agreement
The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.
By continuing to access or use the Application after any revisions become effective, Customer agree to be bound by the revised terms. If Customer do not agree to the new terms, Customer are no longer authorized to use the Application.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
Entire Agreement
The Agreement constitutes the entire agreement between Customer and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between Customer and the Company.
Customer may be subject to additional terms and conditions that apply when Customer use or purchase other Company's services, which the Company will provide to Customer at the time of such use or purchase.
If you have any questions about this Privacy Policy, You can contact us:
By email: eems@neilautomation.com