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.wordpress-601498-1946810.cloudwaysapps.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 wordpress-601498-1946810.cloudwaysapps.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.wordpress-601498-1946810.cloudwaysapps.com “You” and “Your” means the individual or legal entity the App or Website is licensed to under this Agreement.
“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 wordpress-601498-1946810.cloudwaysapps.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.wordpress-601498-1946810.cloudwaysapps.com “You” and “Your” means the individual or legal entity the App or Website is licensed to under this Agreement.
2. General Terms
- App under this Agreement refers to: (1) the software components provided to you with the App, including but not limited to the codes as well as other embedded software, documents, interfaces, content, fonts, and any data stored on it that is protected by copyright held by Hundred Offers or its licensor; (2) updates or upgrades to the software mentioned. The Software excludes the Open Source Software Components in Section 1.2.
- The App and/or their Software updates may also include software components that are protected by copyrights held by third parties and granted the open source software licence by third-parties ("Open Source Software Components"). Such Open Source Software Components are identified as such through specific licence information provided within the App, which also indicates the Open Source Software licence applicable for the respective component. For this reason, the terms and conditions of open source software licences shall be applied when you are using these Open Source Software Components. This Agreement does not alter any rights or obligations you may have under such open source software licences. If there are any conflicts between the licence conditions mentioned in this Agreement and the contents of open source software licences with respect to any Open Source Software Components, the open source software licences will prevail.
- The App under this Agreement shall be bound by it, whether it is stored in a read-only memory or any other media or form or it is from an online download location authorised by Hundred Offers, unless otherwise agreed upon.
3. Grant of License
- Hundred Offers (or its licensors) grants you a revocable, non-exclusive, nontransferable, non-sublicensed, non-commercial, limited and personal license to install and/or use the App and/or Website (in whole or in part) (the “License”) on PC, Mac, iOS and Android, for such time until either you or Hundred Offers terminates this Agreement. You must in no event use, nor allow others to use, the App, or Website, or this License for commercial purposes without obtaining a commercial licence to do so from Hundred Offers. Updates, upgrades, patches and modifications may be necessary in order to be able to continue to use the App on certain hardware. THIS APP AND THE USE OF THE WEBSITE IS LICENSED TO YOU, NOT SOLD.
- As applicable, certain parts of the App or Website may be using third party features, some of which are managed by third-party providers for which additional terms and/or costs may apply. You must comply with such additional terms: such as you must comply with the associated third-party service provider (when using the App or Website). Please review such additional terms and costs carefully.
- You shall use the App or Website strictly in accordance with the Terms of Use of the App or Website. You shall not, directly or indirectly (i) sell, rent out, lease, license, distribute, market, exploit the App or Website or any of its parts commercially, (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of this App or Website (except if the App or Website enables You through a specific feature to create, generate or submit User Generated Content and for which You will need to create an Account and comply with the Terms of Use[provide link]), in whole or in part; (iii) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this App or Website and (iv) export or re-export this App or Website or any copy of adaptation in violation of any applicable laws or regulations.
- While using the App or Website, You agree to comply with all applicable laws, rules and regulations. You also agree to comply with certain rules of conduct that govern Your use of the App or Website (“Rules of Conduct”), which are not meant to be exhaustive and can be modified at any time by Hundred Offers. In all cases, you may only use the App or Website according to their anticipated use.
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
- You may not use Hundred Offers intellectual property to develop software or design, develop, manufacture, sell, or licence third-party devices/accessories associated with the App or Website without Hundred Offers's express prior consent.
- You may make a copy of the App on a computer hard disk drive or other storage media for the purpose of archiving. You may not distribute or provide the App through networks so that it is available to multiple devices or computers at the same time.
- You may not sell, rent, lease, lend, sub licence or distribute the entirety or part of the App to any third party without prior written permission from Hundred Offers. Nonetheless, you may make a one-off permanent transfer of the entire licence to the App to another party along with the transfer of ownership of Your Hundred Offers App, provided that: (1) the transfer must include Your App and all the Hundred Offers software; (2) you do not retain all or part of the App copies; (3) the party that receives the App and software has read and accepted all the terms and conditions of this Agreement.
- Except as otherwise expressly permitted; you shall not, nor allow any other person to copy, reverse engineer, decompile, disassemble or create derivatives of the App or Website. In addition, you shall not, nor allow others to, or attempt to export the source code of the App or Website or decode or modify the App or Website or any part of the software or the services that it provides.
- You agree not to use the App or Website and related update content to engage in the following activities: (1) copy or use any part of the App or Website beyond the scope of this Agreement; (2) provide to third parties, or allow third parties to use the whole or part of the App or Website without obtaining Hundred Offers’s written consent (including but not limited to apps, services, code, and source code);, (3) use the App or Website in a deceptive way or for deceptive purposes; (4) remove any copyright declarations or prompts contained in the App or Website ; (5) attempt to destroy, bypass, change, invalidate or escape from the App or Website and/or any digital rights management system that is part of the organic composition of the App or Website; (6) perform other improper or illegal acts.
- When using the App or Website for storage or copying, you need to be authorised by the relevant rights holders in the corresponding countries or regions. The App or Website and software may be used to reproduce materials so long as such use is limited to the reproduction of non-copyrighted materials, materials for which you own the copyright, or materials you are authorised or legally permitted to reproduce. You acknowledge that ownership and intellectual property rights of any material displayed, stored or accessed via Your device belong to the owner of the material. Such materials may be protected by copyright law or other intellectual property laws and treaties, and you may need to comply with the usage agreement or terms for such materials belonging to a third party. Unless otherwise agreed upon, this Agreement does not grant you any right to use such materials, nor does it guarantee that you can continue to use them.
- You agree that you shall only use the App or Website in compliance with all applicable laws and regulations of the country or region in which you reside or use the App or Website, including but not limited to the local laws of the country or region where you live or download or use the App or Website and services.
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
- Where you choose to help Hundred Offers improve its products and services by participating in Hundred Offers’s App or Website’s user experience improvement programme, Hundred Offers and its affiliates/licensors may collect data from Your device for analysis. Collected data includes Your device configuration data, app statistical data, and error log data. All data is made anonymous before being collected and processed.
- Hundred Offers ensures that a similar and adequate level of protection is afforded to Your data as required by all applicable laws and regulations. Data collected from Your device during use may be processed or transferred to Hundred Offers and its affiliates/licensors in countries outside of the country you reside. This means the data may be transferred to or accessed from other jurisdictions which are outside of the country where you use Hundred Offers’s products or services and will be subject to the relevant data protection laws prevalent within that jurisdiction.
- Hundred Offers only retains Your data for the period necessary to fulfil the purposes outlined in this agreement and the privacy policy, unless a longer retention period is required or permitted by law. While Hundred Offers takes all appropriate technical and organisational steps to prevent unauthorised access to or disclosure of Your data, please note that no security measures are completely infallible.
8. Updates
- To provide you with a better user experience, Hundred Offers may provide you with software update services, including, but not limited to, system software updates and app updates. The App's update service is designed to improve the performance, safety, and reliability of products and devices, and to meet the functional customisation needs of network providers. The App's updates can be installed in different ways; App updates include error repairs, system software updates, app updates, and updates to any previously installed software (including all-new versions) and performance enhancements.
- Any update provided by Hundred Offers for replacement or supplemental software is governed by this Agreement, unless such update is accompanied by a separate End User Licence Agreement, in which case that End User License Agreement will prevail. If you decide not to download and use an update provided by Hundred Offers, you understand that you may place the App under serious security risk or cause the App to be unusable or un-stable. Some of the functions of the App may be limited based on the version. Updating to the latest version may improve Your user experience. Hundred Offers cannot be held liable for and damages and losses suffered as a result of Your failure to download an update provided by Hundred Offers.
- Your App will automatically search for and download new update packages to provide you with timely update services. These updates are designed to resolve cyber security loopholes and prevent new threats, and it is important to accept and install security related system updates in a timely manner. Due to the importance of these updates, Your device may automatically install some pre-downloaded updates, and will immediately provide update notifications to help you understand the related information. We strongly recommend that you do not change Your device's default settings to avoid software issues resulting from delayed updates. Automatic updates for the App can only be downloaded and installed over Wi-Fi or Mobile Data. Downloads made over Mobile Data shall incur additional charges through Your Mobile Service Provider which will not be chargeable to the account of Hundred Offers. You can disable automatic updates in app settings.
- While updating or upgrading the software, you shall ensure that you read any specific instruction provided which are specifically applicable to such update or upgrade including the compatibility of your device. You shall not download, update or upgrade if your device is not compatible as it would corrupt your data or damage your operating system. Hundred Offers will not be liable for any such data or loss.
9. Third Party Statement
- Your App or Website may include certain third-party apps or services. Such apps or services may display, include, or provide contents, data, information, apps, materials from, or links to certain third-party websites (hereinafter collectively referred to as "third-party software"). Hundred Offers does not own any third-party software or its related intellectual property rights. The inclusion of contents, data, information, apps, materials from, or links to third party websites through the App or Website does not create or intend to create an association, trust, partnership, joint venture or any other entity or similar legal relationship between Hundred Offers and the Third party, or impose a trust, partnership or fiduciary duty, obligation, or liability on or with respect to either Party. Neither Party is or shall act as the agent or representative of the other Party. Therefore, you acknowledge and agree that Hundred Offers does not assume responsibility for providing support for any third-party software and does not guarantee that third-party software's contents or services will maintain their availabilities at any time. Hundred Offers is not liable for any content, advertisement, products, services, and other materials provided by third parties.
- You acknowledge and agree that the name, trademark, products, or service of any third party appearing on the App or Website is provided for Your convenience only, and does not constitute an explicit or implicit endorsement, warranty, or recommendation of the third party or its software. You further acknowledge and agree that the use of any third-party software, including any information or personal data you provide (whether intentionally or unintentionally) is subject to the applicable terms of use, licence agreement, privacy policy, and other agreements. Therefore, Your use of third-party software is at Your own risk.
- Unless agreed by the third party, you acknowledge and agree not to modify, rent, lease, sub-lease, distribute, or create derivative works based on any third-party software, and may not use it in any unauthorised manner, including but not limited to, using such software to transmit any type of virus, worm, Trojan, or other malicious software, invade a network, and burden the capacity of a network. You further agree not to use any third-party software to harass, abuse, threaten, denigrate, or otherwise use it in a manner infringing the rights of any third party, and warrant that Hundred Offers does not assume any liability for Your actions, or any harassing, threatening, defamatory, offensive, infringing, or illegal information or transmission that results from Your use of third-party software.
- The App may contain offers relating to third parties (“Offer”). The liability to fulfil the Offer rests solely with the third party and Hundred Offers shall in no manner be liable if the third party does not honour any of the Offer(s). In the event the third party refuses to honour the Offer(s) in accordance with these Terms, please write to us at support@hundredoffers.com and we shall use our best endeavour to assist you.
10. Intellectual Property
Except for rights expressly granted under this agreement:
- License. Subject to payment of all applicable fees for Hundred Offers’s App or Website, You hold a non-transferable license to internally use the App or Website.
- Ownership. Except as expressly provided otherwise in EULA, Hundred Offers and its affiliates (as applicable) own all rights, title and interest, including all intellectual property rights, in any code, documentation, or other materials developed, delivered and/or used by Hundred Offers in the performance of this Agreement.
- Protection of Deliverables. You shall take all reasonable steps to protect the App or Website under this Agreement, from unauthorized copying or use.
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.
(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.
- Severance. If any court of competent jurisdiction or competent authority finds that any provision of this Agreement is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this Agreement shall not be affected. If any invalid, unenforceable or illegal provision of this Agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect Hundred Offers’s initial intentions.
- No Waiver. No failure or delay by Hundred Offers (or its licensors) to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by Hundred Offers or by the User.
- Law and Jurisdiction. To the extent permitted by applicable law, this Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of UAE. You irrevocably agree that the courts of UAE have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Agreement or its subject matter or formation (including noncontractual disputes or claims).
- Force Majeure. Except for payment obligations, neither party will be responsible for failure of performance due to an event beyond the affected party’s reasonable control, including accidents, severe weather events, acts of God, and actions of any government agency, pandemic, acts of terrorism, or the stability or availability of the Internet or portions thereof. The performance of the obligation of the affected party shall be suspended during the prevalence of force majeure. In the event force majeure continues for a period of six (6) months or more, the affected party shall have the right to terminate the Agreement.
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.