image
image
image

End User License Agreement

EUL AGREEMENT HUNDRED TECHNOLOGY MENA DMCC

This agreement is the End-User Software Licensing Agreement (hereinafter referred to as this “Agreement”) between you (an individual, company, or any other entity) and HUNDRED TECHNOLOGY MENA DMCC (hereinafter referred to as “Hundred Offers”, “we” or “us”) for the use of this software used in the application, namely HUNDRED (“Software”) and the Website (defined hereunder). Please read this Agreement carefully before you use your device or download this Software or any future updates or upgrades mentioned in this Agreement. Your use of the Website, download and use of the App and all subsequent Software update will be deemed as Your acceptance of the constraints mentioned in this Agreement. Otherwise, please do not use the App or the Website on any device or download its Software update. The App, Website and Software update governed by this Agreement does not include the Open Source Software Components. You may access a copy of this Agreement at any time by visiting Hundred Offers’s website (www.hundredoffers.com) (the “Website”) and retain a copy of this Agreement for future reference.

1. Definitions

“App or Application” means the application known as HUNDRED that is made available by Hundred Offers through the website or through Google Play Store or Apple App Store or any other platform.“Approved Source” means Hundred Offers or a Hundred Offers authorized reseller, distributor or systems integrator.“Authorized User(s)” means the individuals You authorize to access the App, including Your employees or third parties that access the App solely on Your behalf for Your internal operations. “Hundred Offers” “we,” “our” or “us” means Hundred Offers or its applicable affiliate(s). “Hundred Offers Content” means any Hundred Offers -provided content or data, including, but not limited to, geographic or domain information, rules, signatures, threat intelligence or other threat data feeds, suspicious URLs and IP address data feeds. “Hundred Offers Partner” means a Hundred Offers authorized reseller, distributor or systems integrator.“Cloud Service” means the Hundred Offers hosted software-as-a-service offering or other Hundred Offers cloud-enabled feature described in an Offer Description. A Cloud Service may include Software.“Confidential Information” means non-public proprietary information of the disclosing party (“Discloser”) obtained by the receiving party (“Recipient”) in connection with this Agreement, which: (i) is conspicuously marked; or (ii) is information which by its nature should reasonably be considered confidential; or (iii) if verbally disclosed, is summarized in writing to the Recipient within 14 days.

“Customer Data” means all information and data that You or an Authorized User provides or transfers to Hundred Offers or that the App or Website collects from You, Your Authorized User(s) or Your system(s), in connection with Your use of the App or Website, including but not limited to data related to those Authorized User’s Customer Data does not include Telemetry Data.

“Documentation” means the Hundred Offers user or technical manuals, training materials, specifications, privacy data sheets or other information applicable to the App or Website. “Entitlement” means the license detail; including license metric, duration, and quantity published on hundredoffers.com.

“Order” means an ordering document (including a web or other electronic form) that specifies the duration, type/product ID (PID) and quantity of Apps to be provided and the associated fees (if relevant).

“Personal Data” means any information that can be used to identify an individual and may include name, address, email address, phone number, login information (account number and password), marketing preferences, social media account information, or payment card number. “Software” means the binary image of Hundred Offers computer programs (including Software updates) which could be a downloadable file, delivered on physical media, pre-installed on the onpremise computer system, resident in ROM/Flash (system memory) or cloud-hosted, and purchased from an Approved Source. Software includes firmware. “Telemetry Data” means all information and data that the Software generates in connection with Your use, including but not limited to, network policy, log and configuration information; threat intelligence data, URLs, metadata or net flow data; origin and nature of malware; the types of software or applications installed on a network or an endpoint; information about the devices connected to a network; information generated by sensors, devices and machinery; information related to the usage, origin of use, traffic patterns or behaviour of the users of a network or Software; and information relating to the existence of cookies, web beacons, and other similar applications.

“Upgrades” means all updates, upgrades, bug fixes, error corrections, enhancements and other modifications to the Software. “Website” means www.hundredoffers.com “You” and “Your” means the individual or legal entity the App or Website is licensed to under this Agreement.

2. General Terms

3. Grant of License

For example, purposes, and without limiting Hundred Offers’s rights to take action against You, You may not:
a. create, use, share and/or publish by any means in relation to the App or Website any material (text, words, images, sounds, videos, etc.) which would be breach of a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software);
b. modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the App or Website, or their accessibility to other users, or the functioning of the partner networks of the App or Website, or attempt to do any of the above;
c. transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive or corrupted data in relation to the App or Website, and/or organise, participate in or be involved in any way in an attack on Hundred Offers’s servers and/or the App or Website and/or those of its service providers and partners;
d. create, supply or use alternative methods of using the App or Website, for example server emulators;
e. spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;
f. transmitting or communicating any material or content which, in the sole and exclusive discretion of Hundred Offers, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
g. harassing or threatening any other users in the App or Website;
h. make inappropriate use of the help service or the claim buttons or send untruthful reports to members of Hundred Offers’s personnel;
i. falsely claims to be an employee or representative of Hundred Offers or its partners and/or agents;
j. falsely claim an endorsement in connection with the App or Website or with Hundred Offers.

4. Limitation to Use

5. Reservation of Rights

All title, ownership rights and intellectual property rights in and to the Software(including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audiovisual effects, domain names and any other elements which are part of the App or Website, individually or in combination) and any and all copies thereof are owned by Hundred Offers or its licensors. The App or Website is protected by national and international laws, copyright treaties and conventions and other laws. This App or Website may contain certain licensed materials, and, in that event, Hundred Offers’s licensors may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without Hundred Offers’s prior permission and, if applicable, Hundred Offers’s licensors’ and representatives. Except as expressly set forth in this Agreement, all rights not granted hereunder to You are expressly reserved by Hundred Offers. This License confers no title or ownership in the App or Website and should not be construed as a sale of any rights in the App or Website.

6. Privacy Policy

The “Privacy Policy” provides information about the data that Hundred Offers collects and the ways in which this data is used by Hundred Offers. For use of this App on Your device, Hundred Offers will collect data from Your device in accordance with the provisions of this Agreement and the Privacy Policy. You may refer to the details of the Privacy Policy at the App or Website.

7. Consent to Use Data

8. Updates

9. Third Party Statement

10. Intellectual Property

Except for rights expressly granted under this agreement:

11. Termination Clause

The agreement is effective from the earlier of the date you purchase, download or use the App or Website, until terminated according to its terms. You and Hundred Offers (or its licensors) may terminate this Agreement, at any time, for any reason. Termination by Hundred Offers will be effective upon (a) notice to you or (b) termination of Your Hundred Offers Account (if any) or (c) at the time of Hundred Offers’s decision to discontinue offering and/or supporting the App or Website. This agreement will terminate automatically if you fail to comply with any of the terms and conditions of this Agreement. Upon termination for any reason, you must immediately uninstall the App and destroy all copies of the App in Your possession as well as refrain from using the Website.

12. Disclaimer of Warranties and Limitation of Liabilities

You expressly acknowledge that use of the App or Website is at Your own risk. To the fullest extent permissible under applicable law, the App or Website is supplied on an “as is” and “as available” basis. Hundred Offers’s licensors, channel partners and associated service providers do not make and hereby disclaim any guarantees, conditions, warranties of any kind, express, implied or statutory or other terms including as to:
(a) its conformity, accuracy, current trend, completeness, reliability or security
(b) its suitability for a particular use;
(c) implied warranties of title, non-infringement;
(d) its market value; or
(e) Your satisfaction.
Hundred Offers does not warrant that the App or Website will be uninterrupted or error-free, that defects will be corrected, or that the App or Website is free of viruses or other harmful components. You assume all responsibility for selecting the App or Website to achieve Your intended results, and for the installation of, use of, and results obtained from the App or Website. To the fullest extent permissible under applicable law, in no event will Hundred Offers, Hundred Offers’s licensors, channel partners and associated service providers be liable for loss or damage suffered in connection with the use of the App or Website or any related third party service. This includes without limitation

a) all losses of any kind, whether in contract, misrepresentation (whether innocent or negligent) or otherwise,
b) direct loss;
c) accidental loss,
d) incidental loss,
e) consequential loss, and
f) indirect loss.

Notwithstanding the aforementioned limitations of liability, Your sole remedy in the event of a dispute with Hundred Offers or its licensors, channel partners and associated service providers is to cease to use the App or Website; and if applicable, seek damages for Your losses. For any product purchased for use on a compatible mobile terminal that would not meet the applicable legal warranties, Hundred Offers’s liability is limited to the refund (directly or indirectly through its channel partners or associated service providers) of the purchase price of the product. In no event are Hundred Offers, its affiliates, licensors, channel partners and associated service providers liable for damages in excess of any amount you have paid to Hundred Offers for the App or Website during the twelve (12) months immediately prior to the time Your cause of action arose. Nothing in this agreement shall affect Hundred Offers’s liability for death or personal injury arising from Hundred Offers’s negligence, for fraud or fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. For purposes of this agreement, Hundred Offers’s licensors, channel partners and associated service providers are third party beneficiaries to the limitations of liability specified herein and they may enforce this agreement against you.

13. Indemnity

You are solely responsible for any damage caused to Hundred Offers, its licensors, channel partners and associated service providers and subcontractors, other users of the App or Website or any other individual or legal entity as a result of Your violation of this agreement. You hereby agree to defend, indemnify and keep indemnified Hundred Offers and its affiliates, their licensors, channel partners and associated service providers and their subcontractors against any claim or alleged claims, liabilities (including third party liabilities), losses damages and all costs (including lawyers’ fees), directly or indirectly attributable to Your fault and/or resulting from (a) a violation of any provision of this agreement or (b) Your use or misuse of the App or Website. Hundred Offers reserves the right to take sole responsibility, at its own expense, for conducting the defence of any claim for which you agreed to indemnify Hundred Offers. The provisions herein above shall remain in force after termination of this agreement.

14. MISCELLANEOUS.

14. Entire Agreement

This Agreement constitutes the entire agreement between you and Hundred Offers governing Your use of the App or Website and supersedes any prior agreements between you and Hundred Offers relating to the use of the App or Website. You may also be subject to additional terms and conditions that may apply when you use or purchase open source software, third-party content, or other Hundred Offers services.
error: Content is protected !!