This licence agreement (licence) is a legal agreement between you (licensee or you) and TECHX TECHNOLOGY DMCC (trading as arya) of unit 1105 saba 1 jumeirah lakes towers , dubai,
united arab emirates. (licensor, us or we) for:
We license use of the software and documentation to you on the basis of this licence. We do not sell the software or documentation to you. We remain the owners of the software and documentation at all times.
Operating system requirements: this software requires a minimum cpu of 384 mhz, minimum ssd drive of 5gb, with a minimum of 256 mb of memory and windows operating systems (operating system).
1.1. In consideration of you agreeing to abide by the terms of this licence, the licensor hereby grants to you a non-exclusive, non-transferable licence to use the software and the documentation on the terms of this licence until terminated in accordance with this licence.
1.2. You may:
1.3. We may update or require you to update the software, provided that the software shall always match the description of it that we provided to you before you bought it.
1.4. The software may be upgraded to reflect changes in the operating system. The software will work with the current or previous version of that operating system (as it may be updated from time to time).
1.5. We may change the price of our service from time to time; however, any price changes will apply to you no earlier than 30 days following notice to you.
Except as expressly set out in this licence, you undertake:
3.1. You acknowledge that all intellectual property rights in the software and the documentation throughout the world belong to us, that rights in the software are licensed (not sold) to you, and that you have no intellectual property rights in, or to, the software or the documentation other than the right to use the software and the documentation in accordance with the terms of this licence.
3.2. You acknowledge that you have no right to have access to the software in source code form or unlocked coding other than as expressly provided in this licence.
We expressly disclaim any warranty for the software and/or documentation. The software and documentation is provided “as is” and to the extent permitted by law, without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness for purpose. We do not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the software and/or documentation. We make no warranties with respect to harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb or other such computer program.
5.1. We shall not be liable for any direct and/or indirect damages arising out of your use of the software and/or documentation. We shall not under any circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the licence for loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss or corruption of data or information, loss of business opportunity, goodwill or reputation and/or any indirect or consequential loss or damage. We shall not be liable for the content of the software and/or documentation including but not limited to errors, omissions, libel, infringements of rights, privacy and disclosure of confidential information.
5.2. This licence sets out the full extent of our obligations and liabilities in respect of the supply of the software and documentation. Except as expressly stated in this licence, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the software and documentation which might otherwise be implied into, or incorporated in, this licence whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
5.3. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
5.4. You acknowledge that the software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the software as described in the documentation meet your requirements.
You agree to indemnify, defend and hold harmless the licensor and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the software or your breach of this licence.
7.1. We may terminate this licence immediately by written notice to you if you commit a material or persistent breach of this licence which you fail to remedy (if remediable) within five (5) days after the service of written notice requiring you to do so.
7.2. We may also terminate this licence at any time on giving you not less than thirty (30) days’ prior notice of termination.
7.3. You may terminate this licence at any time upon written notice to us within thirty (30) days of entering into this licence if you change your mind.
7.4. Upon termination for any reason:
8.1. You represent and warrant to us that:
9.1. If you wish to contact us in writing, or if any condition in this licence requires you to give us notice in writing, you can send this to us by email to TECHX TECHNOLOGY DMCC at firstname.lastname@example.org. We will confirm receipt of this by contacting you in writing, normally by email.
9.2. If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide or confirm to us.
11.1. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
1.2. This licence contains the entire agreement between the parties with respect to its subject matter, and supersedes all prior or contemporaneous agreements or understandings (oral or written).
1.3. You may only transfer your rights or your obligations under this licence to another person if we agree in writing.
1.4. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
1.5. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
1.6. Licence, its subject matter and its formation are governed by the laws of the dubai international financial centre (difc) without giving effect to any choice or conflict of law provision or rule (whether of the difc or any other jurisdiction). You and we agree that any dispute, difference, controversy or claim arising out of or in connection with this licence including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge and applicable remedies, shall be subject to the exclusive jurisdiction of the courts of the difc, although we retain the right to bring any suit, action or proceeding against you for breach of this licence in your jurisdiction of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
By accepting you agree to the terms of this licence which will bind you.