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Last revision: 2010.08.05
International End User License Agreement for Using and Investing Yusran Applications
The most recent version of this agreement is available online at: http://www.yusran.com/agreement
Introduction:
Within the following text, some terms will be understood as follows:
- The "Company" or "Corporation" is "Yusran Corporation", a trade name registered and protected by law.
- The "Product" or "Program" is one of the corporation's application programs developed by Yusran Corporation.
- The "User" or "End User" (you) is the party who has bought the license to use or invest the Product.
The word "program", including the original copies, totally, partially or any developed portions of the program will mean the following:
- Readable data and instructions.
- The components.
- The audio and visual components, such as (text, recorded and generated sounds, graphics and pictures).
- The certified components that are connected with the application program.
- Data documentation and help text and all expressions found in the application interfaces.
The pronoun of "the second person" in this agreement as a singular or single legal entity is referred to the user. This agreement is the complete agreement between the corporation and the user regarding the investment of the application, and replaces any previous oral or written discussion where there are conflicts.
If the user is a company or a corporation that will invest the product by one or more persons, all of this agreement terms and sections shall be applied, and the user (as a company or corporation) shall be the legal entity referred to in the investment rules, and shall be responsible for any legal issues resulting from this agreement.
None of the parties participating in this agreement will be liable to the observance of its terms if force majeure conditions, such as disasters, take place.
General Terms:
By downloading, installing, running, or using the Program you agree to be bound to the terms of this agreement.
By agreeing to these terms in lieu of someone else or other legal entity, you also agree to be held responsible in place of this other entity and guarantee to have the required power to hold this other entity bound by these terms.
If you, the End User, do not agree to the terms of this agreement you must immediately:
- Cease to use or run the program and remove it from the computers on which it was installed.
- Return the product to the place or person from which it was obtained to get a refund.
If the product is installed or run by someone without the consent of the Corporation or one of its agents or dealers, this person or entity will be held responsible for their actions and may get prosecuted.
Investment Value and Ownership:
- The Product remains at all times the property of the Corporation. The license obtained by the End User is merely a license to use and/or invest the Product for their own benefit. The corporation agrees that the user may use/invest the product the way they find suitable and within the terms mentioned in this agreement.
- The sum of money that the End User pays for the license does not represent a value for purchasing the Product or any of its individual components. The Corporation agrees to provide the End User the right to use/invest the Product in return for the sum of money paid for the license.
- The product remains wholly owned by the corporation at all times, unless it is explicitly sold with a clear contract that states the details of the ownership transfer.
- Just by using the product and paying for it, the user is considered to have approved to be bound by this agreement and all its terms. Only the user themselves is responsible for installing and/or using the product on computer machines owned by them.
Expiry and Validity of the License:
This license does not expire spontaneously. However, it will be automatically invalidated and terminated without any prior notice from the Corporation when the End User violates any of its terms.
In case of license termination due to a violation by the user, the Corporation will have the right to claim or to prosecute for a compensation of any damage that have or may arise from the violation. Also the Corporation will not then be responsible for providing any kind of technical support to the user or any of the parties involved in the violation, and they will lose their right to request any refund or compensation to any damage that may result directly or indirectly from not maintaining a healthy relationship with the Corporation according to the license agreement terms.
Copyrights:
The product and all the accompanying parts and materials (text, drawings, names, designs, etc...) are copyrighted either to the corporation or their respective copyright holders. The corporation may resort to prosecution if any copyright infringement is noticed.
Limited Warranty:
- The corporation guarantees the product to be well-behaving and operating as specified in the accompanying documentation for one year starting from the day the license was purchased.
- Any modification or addition to the product's design or operation by the user will automatically render this warranty invalid. This warranty is limited to the design of the product as it was released by the corporation excluding any changes made to comply with the user's request for a specific feature or behaviour, be it paid for or otherwise. The warranty for customized modifications is offered separately, and is not related to this warranty.
- The corporation is not responsible for any warranties provided by its agents, dealers or distributors whatsoever.
- The product might contain textual or other auditory or visual media, which are digital representations of non-electronic data. And even though the corporation works hard to provide this content in a form that matches the original, it does not guarantee the accuracy nor the completeness of this content, and using it remains the responsibility of the end user at all times.
- The corporation guarantees the good behaviour and operation of the product only when all of the following conditions are met:
- The computers on which the product is operating are configured properly, and satisfy the product's requirements as noted in the product's documentation and/or installation media.
- The operating system is installed and operating properly, free from unusual faults or conflicts, especially those arising from hardware misconfiguration.
- The Lotus Notes environment is installed and operating properly.
The corporation is not responsible for the technical support of these points as part of the product's servicing. The user may need to resort to specialized service providers to fix or adjust their computer systems.
The License, Limitations, Transfer and Additional Terms of Use:
Herein this agreement defines what is entitled to the end user and what is not.
And for the cases that are not mentioned here, they should not be automatically considered an entitlement to the user, however, they can be a subject of discussion with the Corporation, and the Corporation keeps the right to approve or reject the entitlement of the specific case, regardless whether a similar case was encountered in the past and the Corporation has taken a decision about it.
- The user is entitled to using the product on just one of any computers they own.
- If the user requires having the product on more than one computer, they must purchase additional licenses of single use, or a server license for simultaneous use by a specific number of users.
- The user may have back-up copies of the program for their own use only on any computer, provided that these copies are only stored for the mentioned purpose, and are not available to the public or to a large number of people.
- The user may copy or transfer the product from one computer to another. And in this case, they may not continue to use the product on the previous computer.
- The user may not distribute copies of the product or printed material (originated from the product or printed using the product). The user may not reuse elements or contents of the product to make other products without the prior written consent from the corporation.
- The product is licensed strictly to the license owner (the user). The user may not transfer, rent or resell the license to others, in whole or in part, without the prior written consent from the corporation. However, the corporation will not be obliged to approve of such actions, if requested.
- The user may not return the product or get a refund for the license after they install the program and activate or register it with the corporation (by obtaining a registration key).
- This agreement applies to each and every copy that the user keeps of the product, be it standard, partial, back-up or otherwise.
- The user must guarantee that any use of their licensed product (by themselves or others, on a workstation or a server) does not contradict with the terms of this agreement.
- The user may only use or copy the product according to the terms of this agreement, and in a way that does not conflict with any point of these terms. The user may not customize, disassemble or translate any part of the product.
- The user agrees that the corporation may store and use their contact information such as names; telephone numbers; postal, email, and street addresses; and other contact information. This information may be transferred to the dealers, agents, or partners of the corporation and be used by them in the scope of managing the product and its clients and the advertising for the product and/or the corporation.
- In order to further protect its rights, the corporation has incorporated a protection system into the product, in addition to the legal copyright, so that the product does not operate without supplying a unique password (or registration key) for every user and every computer system. However, this password may change in the following cases:
- When the program is reinstalled or copied to another computer system.
- When the date is tampered with on the computer running the product.
- When some of the computer hardware components are replaced.
- In certain technical problems in the operating system.
- In other special cases.
The corporation is responsible for providing the registration keys services to its clients free-of-charge, provided that it did not detect a tampering attempt with the mentioned protection system.
- When the license is purchased in instalments, the user is supplied with registration keys in accordance with the paying of their instalments, and these registration keys will allow the user to operate the product for a defined period that is relative to the amount of their instalment payment. And the corporation reserves the right not to provide any registration key if the user is late in paying their instalments. The user is required to pay their instalments on time even if they do not use the product.
- Upon the purchase of the license, the user's information are registered at the corporation, and after that the user may obtain the registration key anytime they want (like when the program is reinstalled or moved to another computer) through the corporation's website or by calling the appointed agent. However, the corporation does not guarantee that the registration services are available around the clock, despite that it strives to make them so.
- The corporation owns the right to terminate the user's rights in the product, without prior notice, if one of the following conditions is met (whichever comes first), and in this case, the user may not object the termination nor request a refund of any paid instalments prior to the termination:
- If the user is late in paying their instalments for 6 months from the date of the payment of the last instalment.
- When 24 months are passed since the date of the first payment without paying the final instalment.
- Any incurred costs for the transfer of payments through money transfers, bank transfers, financing, or other methods are the responsibility of the user and they will not be calculated as part of the paid instalments.
- In the case where the user is utilizing the "Dongle" as a protection device for using the product, if the dongle is damaged or lost by any means, the corporation will not be obliged to replace the protection device or offer a replacement. However, in this case, the user may request to register the product without using a dongle, and the corporation would provide a registration key free-of-charge as described in the previous paragraphs.
Additionally, a user who is utilizing a dongle may register the product to operate without a dongle, on the condition that they return the dongle to the corporation.
After sale service and technical support:
Under no exceptions, the corporation does not state any guarantee with regards to the product support or the related technical support. The product's support is the responsibility of the appointed agents or dealers, and the way this support is provided is contracted for separately between the user and the dealer.
Program updates and upgrades:
- The corporation may periodically release updates or upgrades to the product to include new content, new features and/or enhance its operation.
- The user is automatically entitled to obtain these updates and upgrades against paying an amount of money determined and specified at the time the update or upgrade is released.
- All the upgrades and updates that the corporation releases along with the updated/upgraded program are bound to the terms of the current license agreement at the time of releasing these updates/upgrades.
- When the user obtains an upgrade or update to the product, the old license agreement becomes expired and the license agreement accompanying the update/upgrade takes effect. By just installing the update/upgrade, the user agrees to terminate the agreement of the old release, and apply the agreement that accompanies the new update/upgrade.
User Privacy:
- The corporation, its partners and agents keep records of information about the end users, such as the contact information and provided licenses.
- The corporation, its partners and agents may use the end users information to contact them for promotional and new products offers, without sharing these information with any third party.
- The program may contact the corporation's servers electronically (over the internet), either automatically or manually (through a provided option in the program), in order to obtain program updates or to send statistical usage data. The corporation may keep records of these electronic connections which contain user-identifying data, and may reveal the usage pattern for a specific user. The corporation holds the right to keep these records for the purposes of research & development, performing technical support, and statistical analyses.
- The corporation undertakes not to share any of the end users information with any third party other than its agents without a prior written concent from the end user.
Possible Damages:
Neither the corporation nor anyone who has engaged in the production, distribution, or installation of the product is responsible for any of the following consequences that may arise due to the use of the product, and the corporation does not negate the possibility of such things to happen, despite that the corporation has done its best in the design of the program to avoid it.
- Any malfunction occurring in the computer systems.
- Any corruption or loss of information from the user's computers or the computers connected to them.
- Any work hindering.
- Any health problems.
- Unusual, emergency or indirect damages.
- Any financial problems (such as loss of profits, income, reputation, interests, etc...)
- Any other damages.
Additionally, the following may cause data loss for the user:
- Malfunction or misuse of the computer system.
- Malfunction or misuse of the computer's operating system.
- Electric power cut-offs.
- Misuse of the product.
- Misuse or disuse of the back-up service.
- The uninstallation, reinstallation or removal of the product, fully or partly.
No third party is allowed to participate in this agreement, and the corporation will not be liable towards any third party that may prosecute the user with regards to any of the aforementioned damages.
The user agrees to these conditions for the mentioned cases, in specificity and in general.
Use of the Operating System and Lotus Notes with the Product:
The product requires specific prerequisites and minimal technical specifications in the computer hardware or operating system in order to operate properly. These requirements are listed in a document accompanying the product or available on its installation media, and the user should be familiar with these requirements and ensure they are met before installing the product.
The user may need to obtain licenses for the operating system or the Lotus Notes environment to use them on their computer(s). The corporation is not responsible for the availability and validity of these licenses. It is the responsibility of the user to ensure they have the required licenses at their own cost.
Applicable Laws:
This agreement complies with the laws of the country where the license was purchased. All participating parties are bound to this agreement's terms and limitations, regardless of any conflicts with the applicable local laws; the agreement remains valid in all its sections.
The United Nations' law for the international trade and contracting does not apply to this agreement.
This agreement is a translation based on the Arabic version of the end user license agreement. In case of any conflict with the other versions of this agreement in other languages, the Arabic version prevails.
The user agrees to abide to the applicable laws of import, export and copyright, and to not transfer or export the product to another country, or use it in contradiction with any part of this agreement.
This agreement is considered spontaneously active by purchasing the license to use the product, and it may only be changed in writing and by signing it by the corporation or its legal representative.
Notes:
- The most recent version of this agreement is available online at: http://www.yusran.com/agreement
- For any inquiries related to this agreement, please contact Yusran through the contact methods mentioned below.
- All trade names and trade marks mentioned in this text are copyrighted to Yusran Corporation or their respective copyright holders.
- Yusran has a portfolio of computer applications available for sale. For more information about Yusran or its range of products and services, please visit the Yusran's web site or contact us directly.
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