QKONS END USER LICENSE AGREEMENT (SINGLE)

 

This QKONS End User License Agreement ("Agreement") is a binding agreement between you ("End User" or "you") and Hamad bin Khalifa University  ("Licensor” or “HBKU"). This Agreement governs your use of the QKONS digital waste exchange mobile application for Apple iOS or Google Android operating systems (including all related documentation, the "Application").

 

BY DOWNLOADING/INSTALLING/USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD/ INSTALL/USE THE APPLICATION.

 

1.   License Grant. Subject to the terms of this Agreement, HBKU grants you a limited, non-exclusive and nontransferable license to:

 

(a)  download, install and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the Application's documentation.

 

2.   License Restrictions. Licensee shall not: 

 

(a) copy the Application, except as expressly permitted by this license;

 

(b) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application;

 

(c) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;

 

(d) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application, including any copy thereof;

 

(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a  network where it is capable of being accessed by more than one deivce at any one time;  

                     [or]

 

(f)  remove, disable, circumvent or otherwise create or implement any workaround to any  

     copy protection, rights management or security features in or protecting the Application.

 

3.   Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. HBKU and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Application, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

 

4.   Collection and Use of Your Information. You acknowledge that when you download, install or use the Application, HBKU may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to data privacy laws currently in force in the State of Qatar.  By downloading, installing, using and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the stated laws.

 

5.   Content and Services. The Application may provide you with access to HBKU's website located at www.qkons.com  (the "Website") and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the Website (collectively, "Content and Services"). Your access to and use of such Content and Services are governed by Website's terms of use which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such terms of use and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the Application's features and functionality. Any violation of such terms of use will also be deemed a violation of this Agreement.

 

6.   Geographic Restrictions. The Content and Services are based in the state of Qatar and provided for access and use only by persons located in the State of Qatar. You acknowledge that you may not be able to access all or some of the Content and Services outside of the State of Qatar and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the State of Qatar, you are responsible for compliance with local laws.

 

7.   Updates. HBKU may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that HBKU has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

 

(a) the Application will automatically download and install all available Updates; or

 

(b) you may receive notice of or be prompted to download and install available Updates.

 


You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

 

8.  Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that HBKU is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. HBKU does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.


 

9.  Term and Termination.

 

(a)           The term of Agreement commences when you download/install the Application and will continue in effect until terminated by you or HBKU as set forth in this Section 9.

 

(b)           You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.

 

(c)            HBKU may terminate this Agreement at any time without notice if it ceases to support the Application, which HBKU may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.

 

(d)           Upon termination:

 

(i)             all rights granted to you under this Agreement will also terminate; and

 

(ii)            you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.

 

(e)           Termination will not limit any of HBKU's rights or remedies at law.

 

10. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, HBKU, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, HBKU PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

       

 


11. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HBKU OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY FOR DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION.

 

 THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF  

 BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND    

 REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR HBKU WAS  

 ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

12. Indemnification. You agree to indemnify, defend and hold harmless HBKU 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 attorneys' fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement. Furthermore, you agree that HBKU assumes no responsibility for the content you submit or make available through this Application.

 

13. Export Regulation. You shall not, directly or indirectly, export, re-export or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Application available outside the State of Qatar.

 


14. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.


 

 15. Governing Law. This Agreement is governed by and construed in accordance with the laws of the State of Qatar. Any legal suit, action or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the courts of the State of Qatar. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. 

 

 16. Entire Agreement. This Agreement constitutes the entire agreement between you and HBKU with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application. 

 

 17. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.