End User License Agreement
Please read this End User Agreement (“EULA”) before You purchase a Subscription for the Ziwo Plugin and subsequently download and use the Ziwo Plugin.
By purchasing a Subscription and/or downloading and using the Ziwo Plugin, You agree, without reservation to be bound by the terms of this EULA. If You do not agree with the terms of this EULA, please do not purchase a Subscription and/or download and use the Ziwo Plugin.
If You accept the terms and conditions in this EULA on behalf of a company or other legal entity, You warrant that You have full legal authority to accept the terms and conditions in this EULA on behalf of such company or other legal entity, and to legally bind such company or other legal entity.
You may not accept this EULA if You are not of legal age to form a binding contract with Reyada.
Definitions
1. In this EULA the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise:
• “Confidential Information” — any and all information that Reyada discloses to You, whether in writing, electronically or orally and in any form (tangible or intangible) that is confidential, proprietary, or relates to shareholders, whether commercial, technical, financial, customer, supplier, product or production related;
• “Documentation” the detailed information about the Ziwo Plugin, its features and the system requirements as made available on the website of Reyada, as amended from time to time;
• “Plugin Subscription” the license for the Ziwo Plugin for the term specified on the webpage of the store where You purchase the subscription, or in any applicable agreement concerning the purchase of the subscription to Use the Ziwo Plugin;
• “Subscription” a unique code provided by Reyada which enables You to activate and to subsequently use the Ziwo Plugin;
• “Reyada” 9 Gaber Ibn Hayan, Nasr Citry, Cairo, Egypt.
• “Updates” any modified versions and updates of, and additions to the Ziwo Plugin (excluding upgrades of the Ziwo Subscription);
• “Use” the access, download, install, copy or get benefit from using the Ziwo Plugin in accordance with the documentation;
• “You” you, the final and ultimate user of the Ziwo Plugin or the authorized representative of a company or other legal entity that will be the final and ultimate user of the Ziwo Plugin, and the company or other legal entity that will be the final and ultimate user of the Ziwo Plugin, if applicable.
General
1. This EULA applies to any subscriptions granted to You by Reyada for the use of the Ziwo Plugin.
2. By purchasing a Subscription for the Ziwo Plugin and/or downloading and using the Ziwo Plugin, You enter into this EULA with Reyada.
3. You acknowledge that this EULA may be modified from time to time without prior notice to You. Such modifications will be effective upon posting.
Subscription
1. Reyada grants You a non-exclusive, non-transferable, non-sublicensable, limited, revocable subscription to Use the Ziwo Plugin in accordance with this EULA. Reyada reserves all rights not expressly granted to You.
2. Reyada is and remains the owner of any intellectual property rights with respect to the Ziwo Plugin. You shall not acquire any ownership to the Ziwo Plugin as result of Your purchase of the Subscription or Your Use of the Ziwo Plugin.
Permitted use and restrictions
1. In order to be able to install the Ziwo Plugin and receive Updates and upgrades, Your computer shall have access to the Internet and be an active user of Bitrix24 CRM and Ziwo with a commercial subscription.
2. You shall Use the Ziwo Plugin in accordance with applicable laws and shall not:
1. rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit the Subscription;
2. assign the Subscription without prior written approval of Reyada;
3. Use the Ziwo Plugin for any unlawful or illegal activity, or to facilitate an unlawful or illegal activity;
4. delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the Ziwo Plugin;
5. copy (except as otherwise provided in this EULA), adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Ziwo Plugin and the Subscription or any parts thereof, except to the extent permitted by applicable law; or
6. disclose Confidential Information unless this is required by law or authoritative order.
3. Reyada may modify the Ziwo Plugin at any time at its sole discretion and without notice to You, for example to comply with applicable law or a court order, to avoid a third party infringement claim or to provide Updates and upgrades.
Maintenance and support
1. Reyada will notify You of any available Updates and upgrades.
2. You will be entitled to receive Updates free of charge during a period of twelve (12) months upon purchasing the Subscrition for the Ziwo Plugin. In order to receive Updates after this twelve months’ period, You will need to either renew your Subscription or enter into a subscription arrangement with Reyada.
3. You may need to pay an additional fee in order to be able to download an upgrade.
4. You can download available Updates and upgrades from the website of Reyada.
5. Any maintenance and support provided by Reyada, including the provision of Updates and upgrades, will be provided in an adequate way on an “as is” basis without any warranty, as soon as reasonably practicable, subject to availability of personnel.
6. The terms of this EULA will govern any Updates.
Use of data
1. Reyada and its subsidiaries may periodically collect and use technical and related data concerning the Ziwo Plugin You have subscribed to, including about the version number of the Ziwo Plugin You have installed and about the system You have installed the Ziwo Plugin on. Reyada will use such data to facilitate maintenance and support with respect to the Ziwo Plugin, to improve its products and to provide further services or technologies to You.
2. Reyada may process personal data with respect to You, if and to the extent necessary to provide the Subscription, to provide maintenance and support to You with respect to the Ziwo Plugin and to comply with its obligations under this EULA. To the extent Reyada will process personal data, it will comply with its obligations under applicable data protection law.
Disclaimer
1. You Use the Ziwo Plugin at Your own risk and the entire risk as to satisfactory quality, performance and accuracy is with You.
2. The Ziwo Plugin and accompanying documentation are provided on an “as is” and “as available” basis without warranty - express or implied - of any kind, and Reyada specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by Reyada, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and You may not rely upon such information or advice.
Liability limitation
1. The liability of Reyada and any third party that has been involved in the creation, production, or delivery of the Ziwo Plugin for all damages arising out of or in any way relating to the Ziwo Plugin, the Subscription, and/or this EULA shall in no event exceed the total amount(s) paid by You to Reyada in the preceding 12 (twelve) months.
2. Reyada and any third party that has been involved in the creation, production, or delivery of the Ziwo Plugin are under no circumstances liable for consequential or indirect damages (including damage for loss of profit, business interruption, loss of data, and the like arising out of the use or inability to use the Ziwo Plugin).
Termination
1. This EULA will continue to be in force until the expiry or termination of the Ziwo Plugin Subscription.
2. The Ziwo Plugin Subscription will terminate automatically at the end of the applicable license term, unless renewed prior to the end of such term.
3. Reyada is entitled to terminate the Ziwo Plugin Subscription by blocking the Subscription during the license term with immediate effect and without prior notice in the event You fail to comply with the terms in this EULA, in the event You fail to pay Your fee for the Subscription within the applicable payment term, or in the event Reyada is required to do so by law or an order of an applicable court. Reyada may also terminate the Ziwo Plugin Subscription in order to effect your request for a pro-rated credit of fees paid for the Ziwo Plugin Subscription in order for and so as to allow You to upgrade into a subscription arrangement with Reyada.
4. Upon termination of the Ziwo Plugin Subscription, You shall cease all use of the Ziwo Plugin.
5. You acknowledge that the provisions of this EULA, which by their nature are intended to survive termination, will remain in effect after termination of this EULA.
Governing law and disputes
1. This EULA shall be governed by and constructed in accordance with the laws of Egypt, excluding its conflicts of law rules.
2. Any dispute between Reyada and You shall exclusively be submitted to the competent court in Egypt.