Indus Appstore

INDUS APPSTORE DEVELOPER TERMS & CONDITIONS

Last updated: 14-Feb-24

This document is an electronic record in terms of Information Technology Act, 2000, amendments thereof from time to time and the rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. Please read these Indus Appstore Developer Terms and Conditions (“Terms” as further described hereinafter) carefully before registering, accessing or using the Indus Developer Services (as defined hereinafter). These Terms constitute a legally binding agreement between Indus Appstore Private Limited (“Indus”/ “We”), incorporated under Companies Act, 2013, having its registered office at Office-2, Floor 4, Wing B, Block A, Salarpuria Softzone, Service Road, Green Glen Layout, Bellandur, Bangalore Karnataka 560103 India and a person (individual or an entity) (hereinafter referred to as “Developer”/ “You”/ “Your”/ “Yourself”) that governs the use of Indus Developer Services by the Developer with respect to Products (defined hereinafter). You acknowledge that Indus will, solely at Your direction, provide Indus Developer Services. In order to use Indus to distribute Products, You accept the Terms and will provide and maintain complete and accurate information in the Developer Platform.

I. DEFINITIONS:

“Applicable Laws” shall mean any law, statute, rule, regulation, order, circular, decree, directive, judgment, decision or other similar mandate of any applicable central, national, state or local governmental authority in India.
“Brand Marks” shall mean the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party, respectively, as owned by, licensed by or having other necessary rights in those features.
“Confidential Information” shall mean any information relating to, disclosed, accessed, received or collected (in each case, by or on behalf, of a party) during the performance of the Terms that is or should be reasonably understood to be confidential to a party.
“Developer” shall mean any person (individual or entity) who avails Indus Developer Services as per the Terms.
“Developer Platform” shall mean the account created by the Developer on the console/website/portal provided by Indus for respective android based mobile application developers to provide, publish and distribute the Product(s) and fulfil all requirements in order to avail Indus Developer Services.
“Device(s)” shall mean any android based device including, but not limited to, a mobile phone, tablet or any other device (as may be enabled by Indus from time to time) on which a User can access Indus Appstore.
“End User” shall mean an individual who has accessed/installed the Developer’s mobile application via the Indus Appstore; and has been successfully onboarded/registered on to or has been given access to such mobile application as a user.
“Indus Appstore” shall mean a mobile application owned and operated by Indus under the brand name “Indus Appstore” which predominantly enables its users to search, access and download mobile applications distributed by various mobile application developers on the Devices.
“Indus Developer Services” shall mean the software and services, including the Developer Platform, which allow Developer(s) to distribute Products to users of the Indus Appstore on the Devices and such other promotional/marketing services on additional terms and conditions as may be agreed between the Parties.
“Indus Developer Policies” shall mean policies that are made available by Indus (from time to time), either via the Developer Platform, email or any other mode, which may contain additional requirements. The same can be accessed here.
“Intellectual Property Right” shall mean all intellectual property rights, whether existing under the statute or at common law or equity, now or thereafter in force or recognised, including any patent, design, copyright, database, publicity rights, trademark or trade name (whether registered or not), and any pending applications relating to the foregoing, website address, trade secrets, know-how, data, processes and all other intellectual property rights.
“Product(s)” shall mean any software, content (including but not limited to digital content, audio, or video, images) and/or a mobile application(s) (including its .apk file) made available by a Developer via the Developer Platform in order to avail Indus Developer Services.
“Terms” shall mean these Terms and Indus Developer Policies.
“User” shall mean an individual who is the user of Indus Appstore via the Device(s).

II. CREATING YOUR DEVELOPER ACCOUNT & AUTHORITY To use the Indus Developer Services, You must create an account on the Developer Platform and provide all information and/or documents as may be required by Indus via the Developer Platform (“Developer Account”). You are solely responsible for maintaining the confidentiality and security of Your Developer Account credentials. You shall not reveal Your Developer Account information and/or credentials to any third party, allow any third party to use Your Developer Account, or use any Developer Account that doesn’t belong to You. You are entirely responsible for all activities that occur on or through Your Developer Account, and You agree to immediately notify Indus of any unauthorized use of Your Developer Account. You shall ensure that throughout the Tenure, You are duly authorized to create & operate Your Developer Account and to submit the Product(s)/other information/documents related to the Product(s). Indus may limit the number of Developer Accounts issued to You or to the company or organization You work for. Notwithstanding the foregoing, Indus shall not be in any manner responsible for any claims or losses that may arise out of any unauthorized or improper use of Your Developer Account. You agree to the collection, storage, processing and use of your information, including any personal information and sensitive personal data or information in accordance with the Developer Platform’s privacy policy available here. If You are acting as an agent or employee or authorized signatory of any entity or the Developer to read, consent, acknowledge, and accept the Terms, then You represent and warrant that You have full and valid legal authority (in writing) to bind Your principal, employer, or the person who has authorized You to accept the Terms. If You do not have the requisite authority, You shall not accept the Terms on behalf of Your employer or any other entity.

III. CONSIDERATION In consideration of the provision of Indus Developer Services, Indus shall have the right to levy upon You fees and other charges. Any such fees and/or charges shall be made applicable after providing a prior notification via the Developer Platform. The associated payment terms, manner of payment and any additional terms with respect to such payment shall be notified to You via the Developer Platform.

IV. YOUR USE OF INDUS DEVELOPER SERVICES

Authorisations: Grant of License from Developer: You hereby provide and grant Indus a non-exclusive, worldwide and royalty-free license to reproduce, perform, display, analyse, distribute and use Your Product for the purpose of: (ii) Testing and/or reviewing Your Product to ensure compliance with compatibility and security requirements under the Indus Developer Policies. You hereby authorise Indus to sub-license Your Product to third parties solely in connection with such testing and review; (iii) Publishing and making available Your Product on Your behalf for viewing, downloading by Users and analysing the performance of the Product(s); (iv) Operation and marketing of Indus Appstore and Devices which support the use of Products, displaying the Product on the Indus Appstore and demonstrating that the Product is available for End Users on the Indus Appstore; (v) Displaying Your Brand Marks, submitted by You to Indus, for use within Indus Appstore solely in respect of marketing the presence and distribution of Your Product through the Indus Appstore; (vi) Displaying Your Brand Marks, submitted by You to Indus, for use in any publication, and/or press release solely to feature You as a developer on the Indus Appstore; and (vii) Displaying visuals, videos, other media from Your Products or Brand Marks, submitted by You to Indus, within any application or platform owned and operated by Indus or its affiliates, in advertisements, presentations, customer lists, etc solely in respect of marketing the presence and distribution of Your Product through the Indus Appstore. It is further agreed that You and Indus, shall, at all times, ensure that Your Product(s), which may include meta data and mobile application (i.e. .apk/.aab/.obb file), made available on the Indus Appstore, is latest and up to date.
Grant of License to End Users: You grant to the End User a non-exclusive, worldwide, and perpetual license to display and use the Product on the Device, subject to the Terms. You may authorise the End Users separately the manner in which they can use the Product and enter into a separate End User License Agreement or similar documentation (“EULA”) with You, but to the extent such EULA conflicts with the Terms, the Terms shall supersede. You acknowledge that the EULA for each Product governs only the relationship between You and the End User. Indus will not have any liability under any EULA.
Grant of License to You: As long as You comply with the Terms, Indus grants You a personal, non-exclusive, non-transferable, limited right avail the Indus Developer Services and use the Indus Brand Marks, subject to a prior permission (in writing) from Indus, during the Tenure solely for marketing purpose in connection with the Indus Appstore and only in accordance with Indus brand guidelines (as may be notified/provided by Indus, from time to time).
Each Party shall own Intellectual Property Rights in and to its own materials. Except to the limited extent expressly provided in the Terms, neither party grants, nor will the other party gain or acquire any right, title, or interest (including, without limitation, any implied license) in or to any Intellectual Property Rights of the other party and/or Product(s).
Reservation of rights by Indus: (i) With respect to the provision of Indus Developer Services, it is agreed that Indus shall have the right to display/place the Product(s) on the Indus Appstore in such manner as may be determined by Indus at its sole discretion. (ii) Upon the submission of Product through Indus Developer Services, Indus may (at its sole discretion) test/verify such Product(s) against its internal guidelines as per its procedure(s). In the event, any errors or bugs or other issues are identified, Indus shall inform You in writing (via email or Developer Platform or such other mode as may be enabled by Indus) with a description of the error/issue/bug. Until such error/bug/issue is resolved, to the satisfaction of Indus, Indus shall not provide Indus Developer Services with respect to such Product(s). Indus may remove Your Product as provided under the section VIII of the Terms (Term, Termination and the Product Takedown). It is further clarified that while Indus has a right to review Your Product before distribution or publication thereof on Indus Appstore but the same shall not be construed as an obligation on Indus and shall not release You from any liability with respect to Your Product. It shall be the responsibility of the Developer to review/test the Product(s) to ensure that, at all times, the Product(s) is in compliance with Applicable Laws, Indus Developer Policies, industry standards and good practices.
Developer’s Obligations, Representations, Covenants and Warranties: i. With respect to the availing of Indus Developer Services, You shall ensure that You: (i) adhere to the Indus Developer Policies; (ii) upload Your Product(s) through the Developer Platform which You want to make available on the Indus Appstore; (iii) provide such Product related information as may be required on the Developer Platform including such information which shall be displayed to Users; (iv) disclose device permissions and other supporting access related information that Your Product would require to function on the Device(s); (v) select the appropriate mobile application category for Your Product on the Developer Platform; (vi) fulfil all requirements as prescribed under the Indus Developer Policies; (vii) periodically provide updates with respect to Your Product(s) and any associated information as may be necessary for seamless functioning of your Product on End User’s devices; (viii) shall provide such information/services/products made available via the Product(s) that are genuine and compliant with Applicable Laws, throughout the Tenure; and (ix) do not (a) belong to any country/jurisdiction which falls within any of the sanctioned countries, and (b) fall within any list of sanctioned entities/individuals (as the case may be), as may be listed by relevant governments/international bodies and/or other authorities. With respect to all information provided by You to Indus with respect to the Indus Developer Services (including, but not limited to, Product(s) and related information), You shall ensure that such information is current, true, complete and accurate, at all times during the Tenure. ii. General: (i) You shall complete all the requirements as prescribed by Indus via the Indus Developer Policies or as may be separately communicated (from time to time) and shall ensure that all details/documents provided via Your account on the Developer Platform (or otherwise) to Indus are current, true, complete and accurate, at all times; (ii) You shall use Indus Developer Services only for purposes as stated in the Terms and shall ensure that You and Your Product(s) are in compliance with all Applicable Laws; (iii) You shall provide current, true, complete and accurate information to Indus and to the End Users relating to any of the Product(s) and any other information; (iv) You will not make any false, inaccurate, or misleading claims or statements regarding any Product or Devices or otherwise mislead End Users regarding any Product or Devices; (v) You shall ensure that You are legally entitled to accept the Terms and are of the legal age of majority in the country in which You reside (typically 18 years) or if You are a minor then Your parent or legal guardian has read, acknowledged, consented, and accepted the Terms; (vi) You own or have all the valid legal licenses or will continue to hold all valid legal licenses in all the third-party materials that You may have used in Your Product(s) (for example music or personality rights of any third party), and in the event, You do not have a valid legal license or fail to secure the valid legal license in such third-party material then, You shall not distribute such Product(s) using Indus Developer Services or if already published or uploaded on Indus Appstore, You shall immediately inform the same to Indus with a takedown request on the e-mail ID provided in the Terms (or separately communicated to You); and (vii) You shall comply with all the Applicable Laws in connection with distribution and provision of Your Product(s) to the Users/End Users. Further, You shall, at all times, comply with (i) the laws of the territory in which Your Product(s) operate or are made available by You; and (ii) any industry specific good practices, directives, association rules and the like that may be applicable to You or Your Product(s). You acknowledge that Indus will place reliance on Your representations, warranties and obligations stated herein and shall not be responsible to verify Your authority in any manner and shall not be liable to any third party including Your principal or employer, etc. in case You are in breach of Your representations, warranties and obligations set out above. You are reminded that, if You do not have adequate legal authority in writing, You must not accept the Terms or submit, provide, or publish any Products, content, or mobile apps on the Indus Appstore. During Your use of Indus Appstore, You represent and warrant that You shall adhere to the Terms and comply with the Indus Developer Policies You represent and warrant that You are the owner of or hold the valid legal license of all the Intellectual Property Rights in the Your Products, content, and Brand Marks submitted, uploaded, and/or distributed on the Indus Appstore. You shall ensure that, at all times during the Tenure of the Terms, the rights of the End User(s) are protected. iii. Indus Developer Policies: You shall ensure, at all times, that the Product(s) are in compliance with Indus Developer Policies (as may be displayed/made available on the Developer Platform) and all such other policies that may be otherwise communicated to You by Indus. iv. Maintenance and Support: You will be solely responsible for delivery, maintenance, service, and support of Your Products to End Users, and Indus will have no responsibility to undertake or handle the same for You or the End Users. You agree to supply and maintain valid and accurate contact information that will be displayed in each of Your Products’ detail page and made available to End Users for customer support and as required under Applicable Laws. v. Privacy Obligations: (a) You will protect the privacy and legal rights of the End Users of the Devices; (b) You shall prominently display a legally adequate privacy policy on your mobile application/Products in a clear and readable form; (c) You shall obtain the End Users’ consent for them to provide You or Your Product with accesses or uses, usernames, passwords, or other login information or personal information including any sensitive personal information; (d) You shall ensure that the Product uses such information for the limited purposes and periods for which the user has given You permission to do so and as per the Applicable Laws; and (e) You shall ensure that the rights of the End Users are protected at all times. vi. Security: You or Your Product will not interfere with, disrupt, damage, or access in an unauthorized manner the Devices, servers, networks, or other properties or services of any third party including, but not limited to, Indus or any of its partners. If Your Product stores personal or sensitive information provided by End Users, You agree to do so securely and only for as long as it is required as per Applicable Laws. vii. Restrictions: (i) You may not use User information obtained via Indus Developer Services or the Indus Appstore to sell or distribute Products outside of Indus Appstore; and (ii) You will not engage in any activity with Indus Appstore, including making Your Products available through the Indus Appstore, in a manner that interferes with, disrupts, damages, or accesses (in an unauthorized manner) the Devices, servers, networks, or other properties or services of Indus or any third party. viii. It is hereby agreed that any User information shall be solely owned by Indus. Further, any End User data that is collected during the usage of Product(s) at Your end shall be owned solely by You.

V. CONFIDENTIALITY Both parties to the Terms shall keep confidential and shall not disclose to any third party any Confidential Information including and relating to its business partners, Users/End Users, and Indus Appstore and/or Indus Developer Services without the prior written consent of the disclosing party unless any disclosure is required by Applicable Laws.

VI. RATINGS AND REVIEWS Indus allows its End Users to rate and review Your Product. Only End Users who download Your Product will be able to rate and review it on Indus Appstore. Your Products may be subject to user ratings and reviews to which You may not agree. It is not permissible for You to delete any such reviews or ratings. If you have concerns regarding such ratings and reviews, you may report it via the support section on the Developer Platform.

VII. PROMOTIONS Any promotions shall be conducted on such additional terms, as may be agreed between the Parties from time to time and shall be in compliance with Applicable Laws.

VIII. TERM, TERMINATION AND PRODUCT TAKEDOWNS

Term and Termination: i. The Terms are effective until terminated by either Indus or the Developer (“Tenure”). ii. In the event Indus breaches any of its material obligations set out under the Terms and fails to cure those within thirty (30) days of receipt of notice by You in this regard, Your sole remedy shall be to terminate the engagement that has been entered into pursuant to the Terms. Further, You shall also have the right to terminate the engagement under the Terms, without assigning any reason whatsoever, via the support section on the Developer Platform. iii. Indus shall have the right to suspend or terminate the engagement under the Terms or remove your Product(s)/android based mobile application from the Indus Appstore without any prior notice in the below scenarios: (i) You have breached or the Indus Developer Policies or any other applicable policies to the Indus Appstore; (ii) You have been declared insolvent or have entered into any settlement with Your creditors; (iii) You have breached any Applicable Laws within the laws of the territory in which the Users reside or the laws of the territory in which Indus Appstore operates; and/or (iv) In case of Developer’s change of control. iv. Indus shall have the right to terminate the engagement under the Terms and subsequently remove Your Product(s)/android based mobile application from the Indus Appstore, as provided in the Indus Developer Policies. v. Product Takedown/Removal (i) By Developer: You may remove Your Product(s) with respect to availing of Indus Developer Services via Indus Appstore at any time by following the process laid down in the Terms or on the Developer Platform. However, You shall comply with the Terms for any Product distributed through the Indus Appstore prior to any deletion/removal/discontinuation (whether initiated by You or Indus). You agree and acknowledge that the removing Your Product from future distribution via Indus Appstore shall not: • Affect the license rights of Your End Users who have previously made any in-app purchases within the Product(s) or have only downloaded the Product(s); • Remove Your Product(s) from Devices where they might have been downloaded before removal from the Indus Appstore; • Remove Your Product(s) from any part of the Indus Appstore where they were published before such removal; and • Change Your obligation to deliver or support Product(s) that have been previously downloaded or the End User(s) has made in-app purchases within the Product(s). (ii) By Indus: While Indus does not undertake any obligation to monitor the Products, however Indus may at its sole discretion determine and may (a) reclassify your Product(s) on Indus Appstore (b) limit the visibility of your Product(s) (c) remove, reject or suspend Your Product(s) from Indus Appstore and/or Your access to Your Developer Account; (d) bar You from Indus Appstore and/or Indus Developer Services; and/or (e) immediately terminate the provision of Indus Developer Services, at its sole discretion in the below scenarios: If Indus is notified by You, by any User or any third-party or it otherwise becomes aware that: (a) Your Product(s) violate the Terms, or Indus Developer Policies; (b) Your Product is defective, incompatible, malicious or poses any security threats to End User or their Devices; (c) any allegation, claim or adjudication that Your Product defames or violates any third party rights or breaches any Applicable Laws; (d) Your Product pose a potential risk for economic, reputational, or security-related harm to Indus, Users, or other third-party partners; and/or (e) any notice, instructions or order received from a statutory authority or a judicial/quasi-judicial body. vi. Notwithstanding the foregoing, in no event, will Indus maintain any portion of the Product(s) on the Indus Appstore that You have removed from Indus Appstore and provided written notice to Indus stating that such removal was due to: (i) An allegation or determination of infringement of Intellectual Property Rights and/or breach of Applicable Laws; (ii) An allegation of defamation or actual defamation; (iii) An allegation of violation, or actual violation, of any third party’s right of publicity or privacy; or (iv) An allegation or determination that such Product does not comply with Applicable Laws.
Consequences of Termination: i. In the event of termination of the Terms, Indus will suspend the Developer Account and will not provide Indus Developer Services with respect to Your Product(s). However, the copy of Your Product(s) may continue to be available to the End-User on their Devices, if such Product(s) were downloaded on their Devices prior to such termination. Indus may need to retain the copies of Your Product(s) and any information provided by You in order to comply with Applicable Laws, orders, or directions of any judicial or enforcement authorities. ii. In case of termination initiated by You, You will remove all of Your Product(s) from the Indus Appstore and cease Your use of the Indus Developer Services and/or brand-name/trademark of Indus. iii. Indus will cease use of Your Brand Marks from the date of termination.

IX. ERROR & INCIDENT REPORTING Indus may, at its sole discretion, provide You with app crash data (“Error Reporting Data“). In the event the above information is disclosed to You, the same shall be considered as Confidential Information and be subject to all obligations that apply to it. If the shared Error Reporting Data contains any sensitive personal data or information, You agree to not disclose it to a third party, delete the information immediately upon its receipt, and only retain such information that is permissible as per Applicable Laws. On the occurrence of any event that violates the Terms, You are obligated to inform Indus of such occurrence as soon as possible. You also agree to reasonably cooperate with us, including by informing us in reasonable detail of the impact of an incident upon Indus Appstore and its contents, if any. For any queries regarding Error Reporting Data, You can connect with Indus Appstore’s support team via the support section on the Developer Platform.

X. AMENDMENTS Indus may amend the Terms at any time by posting an updated version through Developer Platform and/or on the Indus website. The Terms will not be amended retroactively. You will be given a prior notice, and the updated version will be effective after such notice period, except in urgent situations such as preventing abuse, responding to legal/regulatory requirements, or addressing security and operability issues in which case the revised/updated version shall be applicable immediately (“Notice Period”). Your continued use of Indus Developer Services following the Notice Period constitutes your acceptance of the revised Terms. If you do not agree with such changes, You may terminate Your use of Indus Developer Services and Indus Appstore, which will be Your sole and exclusive remedy.

XI. DISCLAIMER

Any claims, liabilities or indemnities or any disputes between You and the End User in connection with Your Product shall be subject to the terms of such EULA between You and the End User. Indus, its affiliates & business partners shall not be responsible or liable to the End User(s) or to You in any manner or for any purpose of or in connection with Your Product(s).
Any Product(s) that You may delete using the Indus Developer Services will not be reversible, and Indus shall not be responsible for any loss of data or content in such events.
To the maximum extent permitted by Applicable Laws, You expressly acknowledge and agree that Your use of the Indus Appstore and the Indus Developer Services is at your sole risk and that the Indus Appstore and Indus Developer Services are provided to you on an “as is” basis without warranty of any kind. Indus disclaims all warranties, statutory, express, or implied, relating to the Indus Appstore and the Indus Developer Services, including, but not limited to, the warranties of non-infringement, merchantability, loss of data, theft or misuse, failure of any technology, free of viruses, damage to your computer system or other device and fitness for a particular purpose. Indus does not guarantee that the Indus Developer Services/Indus Appstore will be uninterrupted, error free or that it would be available at all times.

XII. INDEMNIFICATION By using Indus Developer Services, you agree, to the extent permitted by law, to indemnify and hold Indus, its directors, officers, employees, shareholders, affiliates, agents, contractors, business partners, and licensors harmless with respect to any third party claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of Your Products’ or Your breach of the (a) Terms, or any representations or warranties made by you herein, or (b) breach by You of any Applicable Laws, or (c) your breach of Your EULA with End Users, or (d) any third party rights, including any intellectual property rights, or other improper, unauthorized or unlawful use of Indus Developer Services or the Indus Appstore or any other services provided by Indus.

XIII. LIMITATION OF LIABILITY To the maximum extent permitted under Applicable Laws, You understand and agree that Indus will not be liable for any indirect, consequential, incidental, special, consequential, exemplary or punitive damages, including without limitation damages for loss of profits or revenues, business interruption, loss of business opportunities, loss of data or loss of other economic interests, whether in contract, negligence, tort or otherwise, arising from the use of or inability to use the Indus Developer Services and the Indus Appstore or any other services provided by Indus, however caused and whether arising in contract, tort, negligence, warranty or otherwise. In any case, You hereby agreed that Indus’s aggregate and cumulative liability pursuant to the Terms shall not exceed the amount paid by You for using the Indus Developer Services and the Indus Appstore giving rise to the cause of action or Rupees One Hundred (Rs. 100), whichever is less.

XIV. EXPORT CONTROL You hereby represent and warrant that You shall comply with all applicable laws and regulations regarding export controls and economic sanctions of the United Nations, the United States of America, the European Union, and other countries. You undertake not to upload, synchronize, or transmit any software, technical data, and/or other materials that are subject to the U.S. Export Administration Regulations (EAR) to the Indus Appstore/Developer Platform (or in any manner, pursuant to the Terms). Indus and its sub-contractors/partners shall not be liable for any losses or penalties that You may incur or suffer in connection with the Your breach of this section and any relevant export control laws and regulations.

XV. GENERAL LEGAL TERMS

Nothing contained in the Terms shall be deemed to constitute either party as partner, agent, employee, or legal representative of the other party, or to create any fiduciary relationship between them for any purpose whatsoever.
Any failure, delay, relaxation, or indulgence by a party in exercising any power, right, or remedy conferred on that party by the Terms does not operate as a waiver of that power, right, or remedy unless expressed in writing to be a waiver.
If any provision of the Terms is declared by any court or tribunal to be illegal or unenforceable, it will not affect validity or enforceability of the other provisions, unless such provisions declared illegal or unenforceable is in the nature of a condition precedent or the essence of the Terms or comprises an integral part of, and inseparable from, the remainder of the Terms. In such event, parties will take all necessary action and shall execute any other documents required to suitably revise the illegal/unenforceable provision and facilitate the attainment of objectives of the Terms.
Notices: Indus may send a notice with respect to Indus Developer Service by sending an email message to the e-mail address listed in Your Developer Account contact information or by a posting on Indus Appstore screen for Developers or through your Developer Account. Notices shall become effective immediately.
You shall not assign, novate, convey, license, transfer or otherwise dispose of Your rights, duties, and/or obligations under the Terms without Indus’ prior written consent.
Indus is entitled to at any time (with or without notice) to assign, novate, sub-contract, transfer, or otherwise dispose of its rights, duties, and/or obligations under the Terms to a third party or appoint a third party to perform any or all of the Indus’ duties or obligations or exercise any of the Indus’ rights, under the Terms.
In case of a change in control, You shall inform Indus within a period of fifteen (15) days.
Governing Law: You expressly agree that the laws of India shall govern the Terms and Your use of Indus Developer Services and/or the Indus Appstore and that the exclusive jurisdiction for any proceeding relating in any way to Your use of Indus Developer Services will be the courts in Bangalore, India. You hereby waive the right to object to the foregoing choice of law, personal jurisdiction, or venue.
The rights, powers, and remedies of a party under the Terms are cumulative and are not exclusive of any other rights, powers, and remedies available to the party at law or in equity.