General Terms:
Acceptance:
By accessing, using or downloading, you agree to our terms of use as set out here (this “Agreement”). If you do not agree to this Agreement, you must not access the Package. TSC reserves all other rights.
Liability:
No warranty of any kind is given on behalf of TSC or its licensors, whether express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. No warranty is made as to any particular features of the Package or that the Package will perform in conjunction with any other software or hardware. No support, updated versions or defect fixing is provided by TSC in respect of the Package. In no event will TSC be liable to you or anyone else for any decision made or action taken in reliance on the Package or use made of the Package including for any economic losses, loss of revenues, data, profits, contract, use, opportunity, business or anticipated saving, loss of good will or reputation, consequential, special or similar damages, even if advised of the possibility of such damages. TSC does not accept any responsibility for any errors or omissions, or for the results obtained from the use of the Package. We reserve the right to change, remove, suspend, or disable any or all content in package without notice or liability.
Intellectual Property:
The Package including the schema, design, structure, selection, coordination, expression, “look and feel” and arrangement of such information are the property of TSC and are protected by copyright and trademark law. TSC owns all title, copyright and other intellectual property rights in the Package and the Package are licensed, not sold. Apart from the license granted below, no part may be reproduced or reused for any other purposes whatsoever (including any commercial purposes) without the prior written permission of TSC.
Non-Disclosure:
You acknowledge that (a) the Package and all related documentation and specifications; and (b) the results and feedback from any test or evaluation are all confidential information (“Confidential Information”) which contain highly confidential, secret and valuable information of TSC and its affiliates. You agree that you shall not reproduce, sell, transfer, publish, disclose, display or otherwise make available to third parties the Confidential Information or any other proprietary information of TSC and its affiliates. TSC shall be free to exploit any feedback, information or suggestions provided by you. You shall promptly notify TSC if you become aware of any breach of confidentiality and security relating to the Package. Any third-party products or services or information related thereto provided by TSC to you or accessed by you as part of the Package and access thereto may be accompanied by their own terms of use or licensing terms, in which case such terms shall govern that particular third-party service or software. Mention of third party products or services in any Package is for informational purposes only and constitutes neither an endorsement nor a recommendation. TSC shall have no responsibility with regards to the accuracy, reliability, selection, performance or use of these vendors, third parties, products or services.
License:
TSC grants you a limited, non-transferable, non-assignable license to download and use the Package for internal evaluation purposes only. You may not modify, reverse engineer, decompile or disassemble the Package in whole or in part, or create any derivative works from or sublicense any rights in the Package, unless otherwise expressly authorized in writing by TSC. You may use the Package in accordance with this license TSC provided that you (1) do not remove any proprietary notice language in all copies of the Package, (2) use the Package only in accordance with this Agreement and you do not copy, transfer, post or broadcast the Package in any media, (3) make no modifications to any of the content in Package and (4) not make any additional representations or warranties relating to the Package. Only you are permitted access the Package and you shall not permit any other persons or other third parties to access the Package. You are responsible for maintaining the confidentiality of any ID and password used to access the Package.
TSC does not provide any close of business processing, support, helpdesk, maintenance or any other services as part of this Agreement.
Data:
As the Package are provided for evaluation purposes only, you shall not submit, store, capture, transmit or process any of Your confidential or business sensitive data or any Personal Data through or to the Package. TSC has no responsibility for the accuracy, quality, integrity, legality or reliability of any data, information or other information you submit to the system through your use, TSC shall only process Your Data for the provision of the Services to You.
Personal data:
If any Personal Data in Your Data is processed through the use of the Package by You, (i) You shall at all times remain the data controller of and responsible for such Personal Data for the purposes of the use of the Package; (ii) TSC and its suppliers are data processors or sub processors of such Personal Data only for the purposes of provision of the Package; and (iii) TSC may require that such Personal Data is deleted or otherwise removed from the Package. In order to innovate and improve its software products, TSC may collect certain usage statistics from the Package. Such data is examined in the aggregate without containing any of Your Data.
Use of the Package:
You shall comply with any security policy or requirements provided by TSC. You shall not use the Package in any way prohibited by law, regulation or governmental order or to send spam or distribute malware. You shall not use the Package to store, process or distribute any infringing, obscene, threatening or otherwise unlawful information/content. You shall not interfere with or disrupt the integrity or performance of the Package or the data contain within such Package, or attempt to gain unauthorized access to the Package or its related systems or networks. You shall indemnify and hold harmless TSC, its affiliates and any hosting provider used in the provision of the Package for all claims, actions, proceedings, costs, expenses, damages or other losses suffered by TSC, its affiliates or its hosting provider arising out of Your use of the Package in breach of this Agreement or reasonable instruction from TSC.
Customer may not rent, lease, resell, sublicense, grant a security interest in the Software. Any attempt to do so shall be void and of no effect.
Customer may not use the Software (a) to develop any application having the same primary function as the Software; (b) for a commercial purpose or in connection with providing any services to third parties, including without limitation any service bureau, application service provider or hosting service; (c) in operating an on-line service, bulletin board, Web or Internet access service or enabling customers to access such services or use data received from such services.
Termination:
Your rights under this Agreement shall continue for the duration of the trial period. Your rights will automatically terminate without notice from us if you fail to comply with its terms. In case of such termination, you must immediately cease all use of the Package and we may immediately revoke your access to the Package. Our failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of our rights. If you breach this Agreement, you will be liable to TSC, its directors, officers, employees, affiliates, agents, contractors, and licensors for any claim arising out of your breach. You will also be liable for any action taken by TSC as part of its investigation of a suspected violation of this Agreement, or as a result of its findings or decision that a violation of this Agreement has occurred. TSC also reserves the right to terminate this Agreement at any time. Upon termination of this Agreement, you shall delete all copies of the Package and cease all use of the Package. TSC shall delete all of your Data stored within the Package.
Privacy:
TSC respects your privacy. Any information we receive is subject to the TSC Privacy Policy. TSC may contact you about your evaluation of the Package. Please ensure you unsubscribe from any communications from TSC if you do not wish TSC to contact you.
NO WARRANTIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED ON AN AS IS BASIS WITHOUT ANY WARRANTIES BY The Solution Consulting FZCO OR ITS LICENSORS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, ACCURACY, TITLE, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY THAT MIGHT OTHERWISE ARISE FROM A COURSE OF DEALING OR USAGE OF TRADE, OR ANY WARRANTY THAT THE SOFTWARE WILL OPERATE UNINTERRUPTED OR BE ERROR-FREE. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SOFTWARE IS USED AT CUSTOMERS SOLE RISK.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES WILL The Solution Consulting FZCO OR ITS LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES OR DAMAGES FOR LOSS OF USE OF ANY PRODUCT, SALES, PROFITS, BUSINESS INFORMATION, DATA, OR OTHER SUCH PECUNIARY LOSS ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION NEGLIGENCE, BREACH OF CONTRACT, OR OTHERWISE), EVEN IF The Solution Consulting FZCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL TSC’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT EXCEED $1,000. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED OR EXCLUSIVE REMEDY.
Governing law, disputes:
The construction validity and performance of this Agreement shall be governed exclusively by the laws of U.A.E. and any dispute arising out of this Agreement shall be subject to the exclusive jurisdiction of the Dubai Courts.
