This End User License Agreement ("Agreement") is a binding legal agreement between you, as an individual or entity (“You” or “you”), and Market Place WL.L (“Licensor” or “HENA”).
By [downloading, installing, streaming or using this application for Android, iOS or other mobile platform, as applicable (the "Software")] OR [clicking on the ‘Accept’ button below with respect to the use of this application for Android, iOS or other mobile platform, as applicable (the "Software")], you agree to be bound by the terms of this Agreement and you agree that [installation, streaming or use of the Software] OR [clicking on the ‘Accept’ button below] signifies that you have read, understood, and agree to be bound by this Agreement.
Accordingly, if you do not agree to the terms of this Agreement, please do not download, install or use the Software. You must be 18 years of age or over to accept these terms and use the Software.
Description of Software
The Software is a downloadable software application that enables you to access HENA functionality directly from your Android, iPhone, iPad or other mobile device supported by HENA. You may download the Software whether or not you use the HENA service, but you must associate it with your HENA account to enable its full functionality.
License
The Licensor hereby grants you, subject to the terms and conditions of this Agreement, a non-exclusive, revocable, non-transferable licence to use the Software in the Middle East and North African region on the terms of this Licence to:
use the Software for your own personal use if the Licence is a single-user licence or the Software is for single use. Where the licence is a multi-user or network licence, for the number of concurrent users agreed between you and us;
install the Software on only one device;
make one copy of the Software in any machine readable form solely for back-up purposes, provided you reproduce the Software in its original form and with all proprietary notices on the back-up copy;
receive and use any free supplementary software code or update of the Software incorporating corrections of errors as may be provided by the Licensor from time to time; and
use the Software while complying with all applicable laws, including the technology control or export laws and regulations that apply to the technology used or supported by the Software.
Additionally, if you download the Software onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
You may not otherwise transfer the Software to someone else, whether for money, for anything else or for free. If you sell any device on which the Software is installed, you must remove the Software from it.
Title
Title, ownership and all rights (including without limitation intellectual property rights) in and to the Software shall remain with HENA. Except for those rights expressly granted in this Agreement, no other rights are granted, whether express or implied.
Restrictions
You understand and agree that you shall only use the Software in a manner that complies with any and all applicable laws in the jurisdictions in which you use the Software. Your use shall be in accordance with applicable restrictions concerning privacy and intellectual property rights.
Except as expressly set out in this Licence or as permitted by any local law, you undertake:
not to copy the HENA Software, except where such copying is incidental to normal use of the Software or where it is necessary for the purpose of back-up or operational security;
not to assign, rent, lease, sub-license, loan, translate, merge, adapt, vary, alter or modify, the whole or any part of the HENA Software nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the HENA Software nor attempt to do any such things, except to the extent that this prohibition is not permitted under an applicable law;
not to remove or alter any proprietary notices or marks on the Software;
You also undertake:
not to use the Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Software or any operating system;
not infringe our intellectual property rights or those of any third party in relation to your use of the Software, including by the submission of any material (to the extent such use is not licensed by this Agreement);
not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Software;
not to use the Software in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
not collect of harvest any information or data from the Software or our systems or attempt to decipher any transmissions to or from the servers running the services with respect to the Software.
The ways in which you can use the Software may also be controlled by the relevant rules and policies from time to time of the relevant Appstore including Apple App Store, Google Play Store, Amazon App Store.
Intellectual property rights
You acknowledge that all intellectual property rights in the Software globally 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 than the right to use the Software in accordance with the terms of this Licence.
Personal Information and Privacy
Our handling of personal information we collect through the Software is governed by the HENA Privacy Notice.
Other Links
The Software may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgment about whether to use any such independent sites, including whether to buy any products or services offered by them.
No Warranty and Limitations to the Software
HENA does not warrant that the functions contained in the Software will meet any requirements or needs you may have or any intended purpose you may have, or that the Software will operate error free, or in an uninterrupted manner, or that any defects or errors will be corrected, or that the software is fully compatible with any particular platform. The Software is offered on an "as-is" basis and no warranty, either express or implied, is given. HENA expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
The Software does not offer any advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Software. Although we make reasonable efforts to update the information provided by the Software, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
If our provision of any support for the Software is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your Agreement with us and receive a refund for any services you have paid for but not received.
Right to Terminate or Modify Software
HENA may modify the Software and this Agreement without notice. In case the modified Software and/or Agreement is not acceptable to you, then you may cease use of the Software at any time.
From time to time, we may automatically update the Software to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the Software for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Software.
Termination
We may terminate this Agreement 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 14 days after the service of written notice requiring you to do so.
Upon termination for any reason:
all rights granted to you under this Agreement shall cease;
you must cease all activities authorised by this Agreement; and
you must immediately delete or remove the Software from all computer equipment or devices in your possession and immediately delete the Software and confirm in writing to us that you have done so.
Additionally, we may remotely access your devices and remove the Software from them and cease providing you with access to the Software.
Open Source
The Software may contain or be provided together with open source software. Each item of open source software is subject to its own applicable license terms, which can be found at the Software documentation or the applicable help, notices, about or source files. Copyrights to the open source software are held by the respective copyright holders indicated therein.
Indemnification
To the fullest extent permitted by law, you agree to indemnify and otherwise hold harmless HENA, its officers, directors, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the Software or any other matter relating to the Software.
Limitation of Liability
You expressly understand and agree that HENA shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible. In no event will HENA aggregate liability to you exceed the amount of licensing fees paid by you to HENA. These limitations and exclusions will apply notwithstanding any failure of essential purpose of any limited remedy. Nothing in this Agreement will act to exclude liabilities for any loss or damage liability for which cannot be excluded under applicable law.
Please back-up content and data used with the Software. We recommend that you back up any content and data used in connection with the Software, to protect yourself in case of problems with the App or the Service.
Transfer
We may transfer our rights and obligations under this Agreement to another organisation. We will always notify you in writing if this happens and we will ensure that the transfer will not affect your rights under the Agreement. You may only transfer your rights or your obligations under this Agreement to another person if we agree in writing.
Sever-ability
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.
Governing Law and Jurisdiction
This Agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with, the laws of the Kingdom of Bahrain. Each party to this Agreement irrevocably agrees that the courts of the Kingdom of Bahrain shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.