Web Application End User License Agreement

ClubSys End User License Agreement

 
IMPORTANT: Please read the terms and conditions of product application set out below carefully prior to use. THROUGH USING THE WEB APPLICATION YOU ARE EXPRESSING YOUR CONSENT TO THESE TERMS AND CONDITIONS. 
 
This end user license agreement ("agreement") is a legal agreement between you (if registering as an individual) or the entity you represent (if registering as a business) ("you"), and clubsys.net by Al Jabor Business Systems / Webincorp ("ClubSys") a company registered in the State of Qatar, stating the terms and conditions that govern your use of "ClubSys" web application and any services provided ("services"). Please read this agreement carefully as these provisions affect your rights and liabilities under the law and set out the terms under which ClubSys makes the licensed application to you. By using the licensed application, you are indicating that you agree to be bound by and comply with the terms and conditions set forth in this agreement. If you do not agree to these terms and conditions, do not use the licensed application.
 
THIS IS AN AGREEMENT ON END-USER RIGHTS AND NOT AN AGREEMENT FOR SALE.
 
YOU AGREE THAT YOUR USE OF CLUBSYS ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. 
 
Scope of License. Subject to the terms and conditions of this Agreement, ClubSys hereby grants to you a limited, non-transferable, non-sub licensable, non-assignable and revocable license to use the Licensed Application solely for your own use. You acknowledge and agree that this Agreement is between you and ClubSys. ClubSys reserves all rights not expressly granted to you herein. All title and copyrights in and to the Licensed Application (including but not limited to any images, photographs, animations, video, audio, text, and "applets," incorporated into the Licensed Application), the accompanying printed materials, and any copies of the Licensed Application, are owned by ClubSys. While you hold the rights to your uploaded database contents. All ownership rights in and to the web application shall remain exclusively with ClubSys and its licensors, as applicable. Access to the Services is provided to you only to allow you to exercise your rights under this Agreement, and no implied license or right not expressly set forth in this Agreement is granted to you.
 
(a) End User Data. In connection with the web application, ClubSys may collect and maintain End User Data provided by you. You shall own all End User Data (Members Data). ClubSys shall maintain all personal identifiable aspects of all End User Data as confidential pursuant to the Privacy Policy.
 
(b) ClubSys Data. All ClubSys Data is the sole property of ClubSys. ClubSys has the right to use, collect, store, create, aggregate, mine, analyze, modify, assign, convey, license or transfer ClubSys Data in any form, for any purpose and in any manner. Any ClubSys Data provided to you shall be subject to limitations and restrictions imposed by ClubSys 's Privacy Policy and other commercial agreements to which ClubSys may be a party.
 
Restrictions. This Agreement does not allow you to copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, or any updates or upgrades, or any part thereof. Any attempt to do so is a violation of the rights of ClubSys. If you breach these restrictions, you may be subject to prosecution and damages.
 
Proprietary Rights. ClubSys owns all rights, title and interest in, and to, without limitation, all intellectual and proprietary rights of any and all featured products or parts, including, but not limited to, any models, data, or formulas exhibited in the Licensed Application, and, except for the limited license granted to you herein, nothing in this Agreement shall be construed to restrict, transfer, convey, encumber, alter, impair or otherwise adversely affect ClubSys's ownership or proprietary rights therein or any other of ClubSys's information, processes, methodologies, products, goods, services, or materials, tangible or intangible, in any form and in any medium. You may not copy, decompile, or reverse engineer any of the products featured in the Licensed Application.
 
Support Fees. ClubSys may charge you fees for support services offered for use with the Licensed Application. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Licensed Application by ClubSys (such fees, charges and taxes shall collectively be referred to as "Fees"). ClubSys reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to you.
 
No Warranty. You expressly acknowledge and agree that use of the licensed application is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort of the licensed application is with you. To the maximum extent permitted by applicable law, the licensed application and any services performed or provided by or in connection with the licensed application are provided “as is” and “as available,” with all bugs and faults and without warranty of any kind, and ClubSys and its affiliates hereby disclaim all warranties and conditions with respect to the licensed application and any services, either express, implied or statutory, including, without limitation , any implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, of title, and of non-infringement of third party rights. Neither ClubSys, nor any of its affiliates, warrant that the functions or services contained in, accessed from, performed by, displayed on, linked to/from, or provided by, the licensed application will meet your requirements, that the operation of the licensed application or services will be uninterrupted or error-free, or that defects in the licensed application or services will be corrected. No oral or written information or advice given by ClubSys, its affiliates, or any of their respective authorized representatives shall create a warranty. Should the licensed application or services prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
 
Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL CLUBSYS OR ITS AFFILIATES BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TO RT OR OTHERWISE) AND EVEN IF CLUBSYS OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
 
Indemnification. You agree to indemnify, defend, and hold ClubSys, its affiliates, and respective successors and assigns, officers, directors, employees, agents, licensors, representatives, advertisers, service providers, and suppliers harmless against any and all claims, demands, actions, losses, damages, costs and expenses (including reasonable attorneys' fees), arising out of or relating to your (a) breach or violation of this Agreement, (b) infringement, misappropriation or any violation of the rights of any other party, (c) violation or non-compliance with any applicable law, rule or regulation, and (d) use, alteration or export of the Licensed Application (or any component thereof) in violation of this Agreement. ClubSys and its affiliates reserve the right to assume the exclusive defense and control of any claims or actions subject to indemnification by you and all negotiations for its settlement or compromise, and you agree to fully cooperate with ClubSys and its affiliates upon request by ClubSys.
 
Updates. ClubSys may update or upgrade the Licensed Application at any time without notice to you. Certain functions of the Licensed Application may be modified or discontinued as a result of any such updates or upgrades. If ClubSys elects to provide complementary maintenance or support of any kind, ClubSys may terminate that complementary maintenance or support at any time upon notice to you. The terms and conditions of this Agreement shall govern any upgrades or updates provided by ClubSys that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by, or references, a separate license agreement in which case the terms of that license agreement shall govern.
 
Amendments. ClubSys may change, add or remove any of the terms and conditions of this Agreement at its sole discretion at any time. Using the Licensed Application and/or any Services after such amendments are made to the Agreement is evidence that you agree to be bound by and comply with such changes, and ClubSys shall treat your use as acceptance of the amendments.
 
No Guarantee of Continued Use or Availability. ClubSys and its affiliates reserve the right to modify, update supplement, limit, discontinue, remove or disable access to the Licensed Application and/or any Services upon notice to you and neither ClubSys, nor its affiliates, shall be liable to you or any third party should it exercise such rights. Incase we decide to discontinue this application, we will migrate the Licensed Application to one of your hosted web server and you will still continue to use ClubSys.
 
Cookies. ClubSys may use "cookies" like Google Analytics to improve the performance of the Licensed Application and enhance your user experience.
 
Registration. To use the Licensed Application, users must have a unique user name and password. Users shall ensure that their user name and password are not accessible by third parties. Users are liable for all transactions and other activities carried out under their user name and password. At the end of each online session, the user shall log-off from the Licensed Application. If and to the extent the user becomes aware that third parties are misusing its user name and password, the user shall notify ClubSys immediately via writing or email.
 
User Information. During registration, users shall provide accurate information. ClubSys cannot and will not be responsible for any problems or liability that may arise if you do not provide accurate, truthful and complete information.
 
Viruses. While ClubSys attempts to keep the Licensed Application free from viruses, ClubSys cannot make any guarantee that it is virus-free. The user shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation.
 
Termination of Suspension. This Agreement is effective for an unlimited duration unless and until terminated as set forth herein. Your rights under the license granted shall terminate automatically without notice from ClubSys if you fail to comply with any terms or conditions of this Agreement. Upon termination of this Agreement, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, thereof. Any provision of this Agreement which by its nature must survive the termination of this Agreement in order to give effect to its meaning shall survive such termination.
 
Technical support. ClubSys or third parties commissioned by ClubSys shall provide technical support at their own discretion, without any guarantees or declarations unless you have signed up for ClubSys AMC/Support Agreement.   The End User shall be required to back up all existing data, software and program facilities prior to the provision of technical support. ClubSys and/or third parties commissioned by ClubSys cannot accept liability for damage or loss of data, property, software or hardware or loss of profits due to the provision of technical support.  ClubSys and/or third parties commissioned by ClubSys reserve the right to decide that resolving the problem is beyond the scope of technical support. ClubSys reserves the right to refuse, suspend or terminate the provision of technical support at its own discretion. 
 
Transfer of the License. The web application can be transferred from one company to another another, unless contrary to the terms of the Agreement. If not contrary to the terms of the Agreement, the End User shall only be entitled to permanently transfer the License and all rights ensuing from this Agreement to another End User with the Provider's consent, subject to the condition that (i) the original End User does not retain any copies of the database; (ii) the transfer of rights must be direct, i.e. from the original End User to the new End User; (iii) the new End User must assume all the rights and obligations incumbent on the original End User under the terms of this Agreement.
 
Severability. If any provision hereof becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable, or void, this Agreement will continue in full force and effect without said provision.
 
Non-Waiver. ClubSys or its affiliates' failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
 
Agreement. This Agreement constitutes the entire agreement between you and ClubSys regarding the use of the Licensed Application and supersedes any prior or contemporaneous understandings and agreements between you and ClubSys related to its subject matter.
 
If you have any questions regarding this Agreement, you may contact ClubSys at:
 
Al Jabor Business Systems ("WebIncorp")
P.O Box 24024,
Doha, Qatar
Phone: +974 77.123.143
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
 
This is the entire Agreement between the Provider and You relating to the web application and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the web application.

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