Accounting software license agreement
The “second party” client:
This is an agreement between you and our organization, the “first party,” or one of its affiliates, which explains and shows your rights as the “second party” and our rights as the “first party” in using our program. Therefore, you are supposed to read the entire agreement, and its provisions will apply to you.
By signing this agreement or using the program in any way, you agree to all of its points, and you agree to transfer/view the data in these programs. If you do not agree to all of them, you have no right to use the program.
Part 1 - General Conditions
Please read this agreement carefully before using this software. commercial register :
• “First Party”: Masterpieces of Innovation Foundation
• The “second party”: the client:
Tax Number :
The “First Party” will grant a license to use this program “Software” to the “Second Party” provided that the “Second Party” accepts all the points and conditions stipulated in this agreement. Any other software accompanying this program follows the agreement that comes with it.
The "second party"'s use of this program means implicit agreement to these terms. In the event that any of the conditions stipulated in the agreement are rejected, the “second party” must immediately return the unused program to the “first party” from whom the “second party” obtained the program, whether this party referred to is the “first party.” Or one of the agents/partners of the first party" in order to ensure immediate recovery of the amount of money paid by the "second party".
This program is the sole property of the “First Party” or one of the companies affiliated with the “First Party” or one of the “First Party” agents. This program is not sold, but the right to use and license for this use is granted to the “second party” only.
This agreement includes:
This is the entire agreement governing the use of this Software and supersedes any prior oral or written communications between the Second Party/Customer and the First Party.
Licensing
Use the software
The “First Party” grants the “Second Party” a limited license to use the program only.
The second party has the right to:
1. Use the program within the limits permitted by the licenses obtained by the “second party”.
2. Make copies of the program and install them to support use to the extent permitted, as long as the “second party” takes care to copy copyright notices and other evidence of ownership on each copy, in whole or in part, of the program.
3. The maximum number of backup copies that it can make is one backup copy, so do not install or use it unless the original copy is lost or damaged.
4. You may install, use, display, execute or interact with a single copy of the program on a single computer, workstation, end-point, laptop, pager, smartphone or any other electronic device with computing operations; Or place the program on a single hard disk or other electronic storage place so that the number of computers using it does not exceed the licensed number.
5. The program may come in more than one storage method (CD-Rom, Disk, DVD-Rom, Other), online storage/mobile market/online market, so you must use one of them and keep the other as a backup copy.
How do I use the program?
We do not sell our software, we do not sell copies of it, we do not sell the source code, we only give you a license to use it on a single computer/server. All parts of the software are licensed as one software. You may not install it on more than one device, except for mobile applications. It is not permissible to place the program on another computer/server without written approval from the “first party.” We also have the right to protect the devices/servers that contain the code or part of it, control and manage it, and prevent others from accessing the code. To prevent any process of accessing it, copying its contents, or knowing the technical and design methods of the code.
Activation: Some types of our programs may require that they be activated via another program or on the Internet, for the purposes of protecting the program from illegal copying and for statistical and data purposes. You do not have the right to hack the program or tamper with the activation process.
The program may need to be reactivated, due to changes in your device, or for any reason determined by the program.
Activation failure: When activation fails, you will be alerted to try to activate the program correctly, or you will notice that the name of your organization does not appear or that the number identifying your entity does not appear from a registration number or tax number.
Analytical data: Connecting to the Internet/storage devices, for all or some of our programs, will result in sending data from the program and device to our devices/systems, for statistical purposes, advertising, to fix problems, technical support, and to develop our programs. We can also share them with others, according to the attached privacy policy and in any way we see fit. suitable. This Agreement applies to the Software/Updates/Add-ons/Services. The costs of connecting to the Internet fall on the “second party” only.
Trial program: The trial program can be used for experimentation only, and not for real work by the “second party” and during the trial period only, and there is no responsibility at all, falling on the “first party” in the event of any problem arising from the trial program, and the program or some of its functions may stop. If the trial period has expired.
Subscription Software: If you license the Software under a subscription, your rights to use the Software are limited to the subscription term, and the Software or some of its functionality may discontinue if the subscription term expires.
Use on network/storage device:
You may store or install the Software on a storage device such as a network server used to run the Software on other devices over the network; However, the “second party” must obtain permission for each computer running the program from the storage device or server. The permit cannot be shared or run on two computers at the same time.
If the Second Party obtained this Software as an update to an older version of the same Software, then permission to use the older version has expired unless it is stated not to have expired in the new License. All other network uses are not permitted.
The “second party” must ensure that anyone who uses this program does so in accordance with the terms of this agreement.
Some of the devices on which the program runs, “servers” that are on the Internet, have to pay for usage/operation on a monthly or annual basis, as well as programs for systems, protection, databases, and other programs, and the “second party” does not pay those payments, or does not pay the value of the program or The project leads to an interruption of service or even deletion of the entire program, its contents and data. Therefore, the responsibility for continuous payment falls on the “second party”, and if the service and contents are gone/deleted due to its delay, this is entirely his responsibility, and there is no responsibility on the “first party”, and this The deletion may be done by the providers of these services/devices/programs or by the “first party”, and therefore the “second party” must not be late in paying, and the maximum period allowed for it is “14” days from the date the payment is due on it, and it is not required The “first party” should send the “second party” any warning or warning if the payment period, or the value of the contract or project, is specified. Among the programs that require monthly or annual payment are websites and applications, and therefore it is better for the “second party” to put He has alarms and memos alerting him to make payments on time or to make fixed bank orders, and the “second party” remains obligated to pay whatever payments or amounts the “first party” may cost.
The second party has no right
1. Use, copy, modify or distribute this Software except as set forth in this Agreement;
2. Reverse compilation, reverse translation, or translation of this program in any way that violates what is stipulated by law, taking into account the lack of possibility of contractual waiver; or
3. Granting sub-licenses, renting or lending the software.
4. If you use features connected to the Internet, you do not have the right to use those features, to interfere with others’ use of them, or to attempt to penetrate any service/data/account/network, in an unauthorized manner.
5. Trying to decode/code/program the program/application/website.
Transfer of rights and duties
The “second party” has the right to transfer all the rights and duties stipulated in the Program’s Rights Guide to another party by transferring the Rights Guide, a copy of this agreement, and all documents. The transfer of the rights and duties stipulated in the license ends the authorization for the “second party” to use this program in accordance with the Rights Guide, but the remainder of the warranty period is not transferred, as it is limited to the “second party” that signed the agreement.
Rights Guide
The proof of rights for this program is proof of authorization for the “second party” to use this program or the eligibility of this party to enjoy warranty services, price offers for future software update copies (if such copies are announced), and potential opportunities for special or promotional offers.
Fees and taxes
The terms of use of the Software for the purpose of determining fees shall be determined by the First Party and set forth in the Rights Guide. The fees are determined on the basis of the licensed usage limits. In the event that the “second party” wishes to increase the aforementioned usage limits, the “second party” must inform the “first party” or its agent and pay any applicable fees. The First Party does not refund any funds or credits for fees that are due or have already been paid.
In the event that any government entity imposes fees, taxes, or expenses, except for those based on the net profit of the “First Party,” on the program provided by the “First Party” pursuant to this agreement, the Second Party agrees to pay this financial amount as determined by the “First Party.” Or the “second party” submits documents for exemption from these fees.
Limited Warranty
The First Party warrants that use of the Software in the specified operating environment means compliance with the specified specifications of the Software. The “First Party” does not guarantee uninterrupted or error-free performance of this program, nor does it guarantee that the “First Party” will fix all defects in the program, but rather it will fix what it can fix. The “second party” is fully responsible for any results of using the program and for the program’s data, and it is the responsibility of the “second party” to ensure that the operations, calculations, results, and storage of the program are correct and that it is compatible with the way it works and its needs before using it within a reasonable period.
Also, the “first party” does not bear any responsibility towards any “third party” or its requirements, whoever this party may be, such as individuals, institutions, companies, entities, governmental bodies, etc., and the “second party” must review all the accounting or regulatory matters or requirements it needs for itself or for others. To ensure that it conforms to what he or others want, before using the program or its functions, and the “first party” does not bear any responsibility or costs for any non-compliance with the requirements of the “third party”, and does not bear any measures or penalties that the “second party” may bear towards “ "Third Party" in any way.
The warranty period for the program ends when the services for the licensed program end. Warranty information specifies the timeline for availability of software services.
During the warranty period, warranty services are provided for unmodified parts of the software through defect-related software services. The program services are available for a specified period by the “First Party” after the program is released for public use, and the warranty is based on the version number installed in the “Second Party” devices at the time of signing, and any additions in later releases are not covered by the warranty.
Therefore, the specific time period for the availability of warranty services depends primarily on the timing in which the “second party” obtains the license.
These warranties are specifically those of the “second party” and are in lieu of any other warranties or conditions, whether express or implied, including, but not limited to, implied warranties or conditions of merchantability or fitness for a particular purpose.
These guarantees grant the “second party” certain legal rights, and it may have other rights that vary according to jurisdictions. Some jurisdictions do not allow the limitation or limitation of implied warranties, so this exclusion or limitation referred to in the contract may not apply to a “second party.” In this case, such guarantees are limited to the warranty period. No guarantees apply after this period, even if there are updates/developments/projects/additions activated/installed.
In the event that the “First Party” breaches the agreement, and you have the right to receive compensation from the “First Party,” the compensation will be evaluated in comparison to the value of the program as a whole that was actually paid by the “Second Party,” and only the partial value that was violated will be paid, and in the event that the court It decided to pay an amount greater than this partial amount, so you can recover a maximum amount of the price of the program that was actually paid only, and it does not exceed the price of the program paid, and the “second party” is not entitled to recover other losses, including future losses, profit losses, special amounts, Indirect amounts or incidental damages. Regardless of the type of losses and costs, and in any way they occurred, the “First Party” must not pay amounts more than the price of the program paid to the “Second Party,” and with regard to countries and laws that do not allow setting these limits for losses, the “Party” has no right Second, he cannot take more than the price of the program he paid in any case.
The period for correcting the error starts from the moment of official notification by sending an e-mail to the “first party’s” e-mail, and verbal warning of sending the e-mail, until ninety days from the date of notification, after which either a solution has been found to correct the error, or the “party” has been notified. The second is that the “first party” was unable to solve the technical problem. Accordingly, this obligation falls on the “first party” due to the inability. If the court obligates the payment of a sum of money as compensation for not fixing the error, then the value of this part is calculated from the value of the program. As a whole, and pay a value proportional to the size of this job, compared to the size of the program and the rest of its functions, and the amount does not exceed that partial amount, deducting any amounts cost by the “first party”, in the analysis/research/investigation/design/programming/installation/visits/training/ Reserve servers and other costs.
The warranty does not include the process of installing repairs, additions, and new features, and the “first party” has the right to take the cost of installation and maintenance even during the warranty period.
The “second party” needs to be familiar with Windows, Word, and Excel, or provide an employee who understands the above and is fluent in them, in order to make it easier for him to learn the program, as videos are provided that are placed on the computer, and a YouTube channel provides the needs of the “second party” in understanding and using the program. If the “second party” cannot understand it, he can seek the help of an employee who is proficient in using the computer and the previous programs to explain to him what he did not understand from those clips, and the “first party” is not responsible for training and educating the “second party” any further, and in the event that you are kind enough to The “First Party” trains the “Second Party”, as it is a non-binding work for the “First Party”, and the maximum time is only one hour for one contract, and its time and timing are determined by the “First Party” according to its temporal, temporal and spatial capabilities, and if we assume that the training is mandatory, then it is Sometime between one month and three months from signing the contract, and the “first party” has the right to choose the appropriate method, time and place for the “first party” to do so, and the default is that it will be “remotely” using the Internet, and it is the responsibility of the “second party” to prepare the appropriate conditions for easy entry. "Remotely", such as the speed of the Internet and the speed of the device/computer. If this is not possible for the "first party" only, then the "first party" has the right to choose the place and time appropriate for it, and the "second party" must provide everything necessary to facilitate The “first party” also has the right to cancel the entire contract with the “second party”, or cancel part of the agreed upon work or part of the program’s functions, and return the full value of the contract or the value of the canceled part, and we have the right to cancel the “second party’s” appointments in cases Crowds of customers, crowded appointments, or other circumstances that may fall on the “First Party” or its agents or partners. The “Second Party” will also bear the costs of the field visit for the “First Party” employees, in addition to the value of the employee’s practical hour, profitability, and any other costs of transportation or housing.
The “First Party” is not responsible at all for the inputs and data in the program with minimal responsibility, and the “Second Party” must ensure the accuracy of all inputs and data before approving the program in all its dealings.
The “Second Party” is solely responsible for all fines/violations/obligations imposed on it or imposed on it by departments/ministries/government agencies/companies/institutions, due to any delay in performing/providing requirements/information to those entities, or amounts Fees/costs requested by those entities, or for his failure to comply with the rules, regulations and instructions required of him.
Any problems with the “Second Party’s” phone or email, the consequences of which will be borne by the “Second Party” if the “First Party” is not informed of that problem, and any responses/correspondences/communications take place on these broken methods, which we were not informed about. It is considered complete and completed correctly and officially.
Trial or free version:
The “First Party” does not have any responsibility or warranty, or financial cost or legal prosecution, resulting from the use or operation of the trial/free version or any free function or outside the core of the program or any free service. If the “Second Party” does not accept this, it has no right to use or install it, and it is not one of the duties and actions of the “First Party” at all.
The "second party" has the right to use the trial version for a period not exceeding a month and a half, after which it is not entitled to continue use. If the original program or agreed upon stages/parts of it are purchased, the deal has been completed, and he cannot withdraw or demand a refund of his money, under any circumstances.
Limitation of limited legal liability
Circumstances may arise that make the “Second Party”, as a result of an error on the part of the “First Party” or other legally responsible party, eligible to obtain the value of the losses from the “First Party”. In this case, regardless of the basis that gives the “second party” the right to claim the value of the losses from the “first party,” “this includes breach of one of the terms of the contract, negligence, or other losses or damages stipulated in the contract.”
The “first party” shall be legally responsible for:
Compensation for the feature/partial feature that the “first party” was unable to do, at a value that is a logical percentage of the value of the deal as a whole only and nothing else. If this cannot be calculated, then at a maximum equivalent to what was paid until the compensation claim from the purchase price of the program by the “second party.” "Only, nothing more, and this does not include the costs incurred by the "second party" in shipping/loading/escalation/hosting/installation/maintenance. Thus, the "second party" has no right to use this feature that was complained of/litigated, or in full or in full. If the program is compensated in full, the “first party” has the right to stop the “second party” services/programs in this case.
The “First Party” will not be legally responsible for any special, incidental, or indirect damages, and the “First Party” will also not be responsible for any material losses whatsoever “including, but not limited to, losses of profits or savings,” even if “ The First Party or its agent is aware of the possibility of such losses occurring. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO A SECOND PARTY.
This limited liability does not include problems/errors caused by the “Second Party” or when it is unable to implement the steps specified by the “First Party” for each process, or resulting from any event outside the control of the “First Party.”
It is the responsibility of the “second party” to ensure the correct performance of the program’s functions, its calculations and storage operations, etc., whether personally, or through employees/institutions/accountants who ensure the correct performance of all operations carried out by the program, and all costs of verifying the correctness. The performance of the functions and the program is the responsibility of the “second party” only, and he has no right to claim them at all.
The “First Party” will not be legally responsible for:
1. Loss of, or destruction of, records or data
2. Any damages claimed by the “second party” based on a third party claim.
3. Physical damage, including death, and damage to real estate, money, and real personal property
This limitation of legal liability also applies to any developer of software provided to a “first party.” This is the maximum legal liability for the “first party”, its distributors, representatives, employees as a whole, partners and agents.
4. Notice of Dispute/Claim: In the event of a dispute arising between the two parties, both parties must give the other notice of the dispute, which is a written statement of the name, address and contact information of the aggrieved party, the facts that led to the dispute, and what are the requirements that resolve the dispute.
Any Notice of Dispute must be sent by mail to the other party's address and a copy thereof to the other party's email. Also, a phone call from the other party, to confirm the sending of the two mails: electronic and regular.
Notice: The parties must attempt to resolve any dispute through informal negotiation within 60 days from the date of sending notice of the dispute between them. After “60” days, one of the parties may initiate arbitration in the judicial courts if no mutual agreement is reached.
5 - Small Claims Court: You may also litigate any dispute in small claims court in the “first party’s” country/region/city of residence, if the dispute meets all requirements to be heard in small claims court, and in whichever court you go to, you must be in The country/region/city of residence of the “First Party” or the closest place to it if there is no court in the “First Party” area, which is currently Al-Ahsa/Hofuf.
6. Claims or disputes must be filed within 30 days, or to the minimum extent permitted by law, the “period,” any claim or dispute under this Agreement must be commenced in the courts within such period, and such period shall begin upon the claim or dispute. . If no such claim or dispute is filed within such period, the claim or dispute is strictly prohibited.
7. Selection of the law: The Saudi or Emirati law is chosen, according to the choice of the “First Party”, or whatever is closest to its establishment, then this law will be the governing of this agreement. If it is impossible for the “First Party” to choose one of the previous two laws, then the law of the country in which it is established will be chosen. In which the program was purchased, and based on the choice of law, this agreement does not change the laws of the country that was chosen, if they contradict its laws.
8. If the claim of the “Second Party” was false, malicious, or invalid, or part of its claim was false, false, or invalid, in any governmental/judicial department/body that was filed by the “Second Party,” then the “First Party” has the right to demand all The financial and time losses/costs incurred by the “first party,” from the time, fees, and costs of programmers/delegates/employees/lawyers/owners/agents assigned to attend the lawsuit/judicial sessions, and any other costs caused by this lawsuit, and what it may cost in terms of consultations and means during the court sessions. Courts/government departments/ministries and similar places for litigation, trials, and lawsuits, and the value of the hours of employees whose time and effort were wasted in these lawsuits. The “first party” has the right to request compensation for the false, malicious, or false accusation, and rehabilitation.
9. Protecting data, programs, and confidential information is the responsibility of the “second party,” and it must do everything necessary, including installing anti-hacking and virus protection programs, and backup devices to protect against data loss, and that any secret number is delivered to the “first party” with approval. The Second Party” does not give the “Second Party” the right to legal prosecution for what he gave voluntarily.
10. The “second party” is delivered the operational files for the program and its stages, and is not delivered the script/code, as the code is the exclusive right of the “first party,” and the “second party” has no right in the scripts/code.
11. The expiration of the warranty period terminates any responsibility of the “first party” for any problems, errors, or effects of its products on the “second party,” whatever they may be.
12. All cases or litigation initiated by one of the parties are against the legal entity of the other party, and not against the employees of one of the two entities.
13. The “First Party” will not be responsible for failure to perform any duties as a result of circumstances beyond human ability/force majeure, including but not limited to: interruption of electricity/internet/devices, or the obtaining of judicial orders stopping services, or the resulting dangers and difficulties. About nature/environment, revolutions/wars, or laws imposed by the state and its facilities.
14. All requests from the “Second Party” must be through the official “First Party” email only, and any other method used by the “Second Party” to request the services of the “First Party” is not considered valid and is not binding on the “First Party.” Therefore, the “second party” must document his requests by sending them to his e-mail, which he registered in this contract. If he does not register it in this contract, he must write it on a piece of paper, print it twice, sign them, and take the signature of the “first party” on it as well and deliver it to us. One of the copies, and other than these two methods, any email used by the “second party” is not considered approved or recognized by the “first party”.
Arbitration clause: Any dispute, disagreement or claim arising under or relating to this contract, or from its breach, termination or invalidity shall be decided through arbitration administered by the Al-Ahsa Center for Commercial Arbitration in accordance with its approved arbitration rules and procedures.
Mediation condition: Any dispute, disagreement or claim arising under or relating to this contract or from its breach, termination or invalidity shall be settled through mediation administered by the Al-Ahsa Center for Commercial Arbitration in accordance with its approved mediation rules and procedures.
Arbitration condition preceded by mediation: Any dispute, disagreement or claim arising under or relating to this contract, or its termination or invalidity, shall be settled through mediation administered by the Al-Ahsa Center for Commercial Arbitration in accordance with its approved mediation rules and procedures. In the event that a settlement is not reached through mediation within a maximum period of “30” days from the date of the first mediation session; The decision is made through arbitration administered by the Al-Ahsa Center for Commercial Arbitration in accordance with its approved arbitration rules and procedures.
Software projects/design/study/software parts/software additions
• In the event that any stage is approved by the “Second Party” via e-mail or any electronic method, the stage is considered to have been actually delivered without notes, and is finally approved, and the “Second Party” has no right to amend it or request a refund of the amount even if it has not been completed. Completion of other stages.
• The “second party” is allowed to approve and review each stage within a period not exceeding “7” days, according to the conditions and laws of the Ministry of Trade and Industry for receiving products and services. Otherwise, the stage is considered officially approved, and the next stage begins immediately after “7” days have passed.
• In the event that the “Second Party” is late in following up on the project during the design or programming stage for a period of “7” continuous days, or is late in paying the payments due during the stages of the contract, the “First Party” has the right to postpone work on the project and change the agreed upon work duration, and the “Party” has no right The second objection.
• The delay of the “Second Party” in responding to our questions/inquiries or its delay in providing what is requested of it, such as data, examination and follow-up, which contributes to increasing the project period by the same days. The “First Party” is not considered late, if it exceeds the delivery period, by the same number of days. Days of the “second party” being late, and the “first party” cannot be accused or considered late.
• The devices/servers used in designing some types of programs/applications/websites/etc. may be shared with other programs, and may be inside or outside the country, or may be rented or owned. The First Party has the right to use open source software in its design/programming, or paid software, in the project/jobs.
• We prove that we have completed a certain stage by sending an e-mail, witness testimony, or installing the copy that contains the addition or project.
• If the “second party” withdraws after adopting any stage/agreement, he is not entitled to any refund.
• Technical support and warranty services apply to the original or agreed-upon program at the moment of signing the contract. Technical support does not include any development, reprogramming, redesign, or new version to which it has been updated, and its cost is borne by the “second party” if the “first party” requests it.
• In the event that there are any additional programming or design requests after the approval of the rehearsal and design screens, the “second party” is obligated to pay the additional cost.
• In the event that the “Second Party” is late in following up on the project during the design or programming stage for a period of “14” continuous days, or is late in paying the payments due in the contract stages of design or programming, the “First Party” has the right to postpone work on the project, change the agreed upon work duration, and work on Projects of other clients, and the client has no right to object.
• In the event that the program/or part of it is delivered in a final manner after the programming or design stage “according to the requirements of the project”, it is necessary to inspect and receive the project and make comments, if any, by the “second party” within “14” days only, and if these days expire, it is considered that The project/part has been officially delivered without comments, and the project/part is considered to have been officially completed.
• Any request that is executed according to the customer’s requirements, and which in the future has legal consequences or violates the instructions of government/regulatory bodies or other partners, will be borne by the “second party.”
• The “First Party” has the right to withdraw from completing the project, at any stage. If part of the program/project/job is not delivered for that stage, the “Second Party” has the right to recover what it paid for that stage only, and is not entitled to request Any other amounts, whatever they may be, especially for what was previously delivered.
general
None of the conditions contained in this agreement affect the legal rights of customers that cannot be waived or determined through the contract, and any point that violates the laws and legislation of the Kingdom of Saudi Arabia, the violating point is cancelled, and the contract remains valid and its remaining points are valid, applicable and binding.
The “First Party” may terminate the license of the “Second Party” if the “Second Party” fails to comply with the terms of this agreement. If the “first party” does this, this in turn means terminating the “second party’s” permission to use the program. The “Second Party” agrees to abide by the applicable export laws and regulations, and the “First Party” has the right to stop the program/site/application in the way it deems appropriate to guarantee its right, and the “First Party” has the right to demand additional funds to activate/operate what has been stopped.
Advertisements/advertisements in the program: We have the right to display any advertising/advertisement that we decide to display in the program windows/reports/invoices, whether it is advertising for the “first party” or for its partners and clients. The “first party” has the right to write the name of the “second party” and its trademarks in its advertisements and websites and to refer to everything that has been done for the “second party” in terms of programs/applications/support/services.
Natural disasters: The agreement will be suspended in the event of natural disasters or unexpected technical problems affecting work in the “First Party’s” work areas, until the situation stabilizes or the problems disappear.
Copying the contract: This contract was drawn up and signed by both parties, with free will, free of legal and legal defects, and with the full will of both parties and their sound mental faculties. The two parties acknowledge that they have read the entire terms of the contract, and what branches from it and from it, and that they understood all the points, so they deny For ignorance, and with their clear and clear agreement, to everything stated therein, and accordingly they signed.
Part 2 - Conditions specific to each country Currently unspecified...
Explanation of other rights:
Software/Software: The term “Software” in this document is used to refer to the original software and full or partial copies of the software/application/website/electronic service/code/code/script or project. The program consists of computer-readable instructions, program components, data, audio-visual content (such as images, texts, and recordings) and all licensed materials related to the program.
Ownership rights or text preservation: The programs and all copies made by them are the exclusive property and right of the “first party”. The structure, organization and programming of the program are the secrets and archives of the “first party”. The program is protected under the copyright and text rights laws of the Kingdom of Saudi Arabia, international agreements, and laws applicable in the country in which the program is used.
Copy protection: The software may contain techniques to protect against illegal copying. As it is not legally permissible to make unauthorized copies or remove the protection.
Rental: Second parties are not permitted to rent or lend the original software.
Termination of the use and license of the program: Failure to comply with the terms of the agreement gives the “first party” the right to cancel this agreement. If this happens, the “second party” must destroy all copies of the program and not use the program or keep any part of it. The “second party” does not have any financial right.
Updates and Improvements: If the Software represents an update or development of the Original Software, the Second Party must have licensed the Original Software to be able to use it, and the Original Agreement shall be governed by this Update Agreement if it cancels the First Agreement.
Backup: The “second party” must take care of backup, which is its responsibility, especially when making any update to the program, other programs, or the system.
Multiple storage materials: The program may come in several ways, including “CD-ROM” or “DVD-Rom”, or an upload in the mobile market/reservation website, or a download link from the Internet, or copied to a “second party” device, or others together in One box, but the “second party” must use one of them and leave the second as a reference, as it can only be installed on one computer/server. The agreement also applies to all storage sources.
Preservation of rights: Any rights that are not explicitly written in this agreement are reserved and owned by the “first party.”
Legally illegal acts: The “second party” does not have the right or authority to use the program for illegal or unauthorized acts in the country in which it is used, and there is no responsibility on the “first party” as a result of that.
Requests to repair errors in the program: You can request the repair of program errors only, free of charge during the warranty period, so that the “first party” will try as much as it can to solve the problem for the “second party” or replace it with a newer version, excluding what the process of shipping/installing the solution may cost. the program. However, the warranty is voided if the error results from an accident, misuse, abnormal use, a virus, an attempt to tamper with, deprotect or decode the program, or problems in the operating systems. Any software replacements or upgrades to functionality prior to the version purchased are subject to the remainder of the original software warranty only. You must also have proof that you purchased the license from an authorized distributor or agent.
Installing the program/technical visits: The “first party” has the right to take a sum when installing or upgrading the program, or when making any visit to the “second party,” whether a real visit or through electronic communication programs “remotely.” It may also be subject to The “Second Party” will pay annual fees for some programs or parts of them, and this is determined by the “First Party”, such as an annual use license or maintenance, and it has the right to take any costs resulting from the visit, whether in person or “remotely”, even during the warranty period.
Programs of other companies: All other programs that the program needs to function, such as databases, systems, programming languages, and secondary programs, which were designed by other companies, are the exclusive right of their owners or licensors, and they are not used here except in accordance with the terms of their agreement, whether Our software is licensed or free, and we are not responsible for any problems arising from it.
Device/computer: An electronic device, such as a computer/mobile/tablet/server/virtual computer/storage device.
Violating the law or Sharia: The “first party” has the right to stop the program or withdraw from the agreement/contract, if the “second party” uses the program in matters that violate the law or Sharia.
• Communications and discussions regarding the program take place only through emails and nothing else is considered
• One program owner is nominated from the “second party” “from the beginning of the program until the end,” provided that he is fully responsible for all internal communications with us and following up on the aforementioned tasks.
• Any incorrect information that is recorded at the time and during the analysis stage and signed by the “second party” will be officially approved and is the sole responsibility of the “second party.”
• Repeating any stages will be considered a change request and will be dealt with separately financially, timely and contractually.
• Any change in scope or additional request will be considered as requirements outside the signed agreement, and therefore the working days and value will be calculated separately.
• Any delay in the mentioned program activities due to the following issues “mentioned below” will result in a delay in delivery:
▪ Lack of availability of the “second party” team according to the program plan for the agreed upon tasks and requirements.
▪ Not spending enough time on the program’s activities, including examinations, studies, and other requirements on the part of the “second party.”
▪ Lack of data required by the “second party”. + Changing people and roles on both sides.
▪ Late response from both parties to approve the required documents and data.
• If the need arises for a third party, such as software companies such as Microsoft and others, for inquiries, maintenance or licensing.
• All licenses will be provided by the “second party”.
• Our work with the “second party” may be close or “remote,” according to what we deem appropriate for us. + • Risk factors - if any, you must inform us immediately
The “First Party” has the right to cancel the contract at any time during the warranty year(s), and return the value of the program/project or part of the program or project while reducing the value of the period of use of the program/part, and return that value to the “Second Party”. And the “Second Party” has no right to The “Second Party”. Objects to this, and the “Second Party” has no rights. On the “first party” completely and finally.
Working hours: from Saturday to Wednesday, from 4 pm to 9 pm only, and any other time is a choice of the “first party” to agree to or not, but it is not bound by it and can cancel it.
The strength of the executive bond: The “First Party” and the “Second Party” agree that this contract is considered an executive bond that carries the force of an executive bond in accordance with the laws of the implementation system, and it may be submitted to the executive courts directly to claim the financial dues owed to it pursuant to it or according to approved invoices or any notification of the existence of obligations. Financial or financial impact, and this agreement is considered final and irrevocable from the moment of its signing.
Explanation of terms:
Security:
It is valid for software errors in the software designed by us only and until the end of the warranty. It does not apply to errors in the Windows system, other systems, Office, or any other programs “not designed by us” that have an error or problem that negatively affects the program designed by us. Likewise, the warranty does not apply to any device or network that is used with the program, if it has it. A problem that negatively affects the program designed by us. We also do not guarantee the work and stability of the program in the case of Windows updates and other software/system updates. Rather, we guarantee that the program will work in the same environment in which it was installed, with the same current versions of other programs and current systems at the moment of installation.
Work by us begins when the full amounts are paid by the “second party”, and the work is not completed before that. The start time of the project is calculated from the date of the first agreed-upon payment and not the date of signing the contract. As for the license and guarantee, it starts from the date of signing the contract, and is void. If the payment for each installment is delayed by more than two weeks, and the “second party” is not entitled to claim the previous payments or part of them.
Other
• Paragraph headings are inserted for the convenience of reading by the parties only and should not be taken into account when interpreting this Agreement.
• Words in the singular mean and include the plural and vice versa.
• Words that sound masculine or feminine are not intended for gender, as they apply to both masculine and feminine and vice versa.
• If any point, covenant, condition or provision in this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, it is the intention of the parties that such scope be reduced by the court to the extent deemed necessary by such court to make such provision Reasonable and enforceable, and the remaining provisions of this Agreement will not be in any way affected, impaired or invalidated as a result.
• This Agreement contains the entire agreement between the parties. All negotiations and understandings are included in this Agreement. Statements or representations that may have been made by either party prior to this Agreement in the negotiation stages may conflict in some way with this final written agreement. All such statements/agreements are deemed to have no value in this Agreement. Only the written terms of this Agreement will bind the parties.
• This Agreement and the terms and conditions contained in this Agreement apply to and are binding on the agents, competitors, executors, supervisors, beneficiaries and representatives of the partners.
• The “First Party” will consider any notices or delivery requested to it to be complete when delivered by hand or delivered by an agent or seven “7” days after being placed in the mail, pre-paid post, email, WhatsApp or call, to the parties at the addresses provided in This Agreement or the parties may later designate the postal address or e-mail by means of a signed paper.
• All rights, remedies/remedies and benefits provided by this Agreement will be cumulative and will not be limited to any other rights, remedies or benefits permitted by law.
License for software:
The value of the software license for a “device/cashier/point of sale” and its number:
And in writing:
With value:
Riyals only, and in writing:
Includes software installation.
The warranty period is “one year from the date of signing the contract.” - Return: Refer to the well-known website to know the return and exchange policy.
