End User License Agreemen
Effective Date: 13/10/2024
Zonesso is licensed to You (End-User) by ZONESSO PORTAL L.L.C, located and registered at Dubai, Dubai, Dubai 00000, United Arab Emirates ('Licensor'), for use only under the terms of this License Agreement.
By downloading the Licensed Application from Apple's software distribution platform ('App Store') and Google's software distribution platform ('Play Store'), and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. App Store and Play Store are referred to in this License Agreement as 'Services.
The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance, and support thereof. ZONESSO PORTAL L.L.C, not the Services, is solely responsible for the Licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service ('Usage Rules'). ZONESSO PORTAL L.L.C acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.
Zonesso when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. Zonesso is to be used on devices that operate with Apple's operating systems ('iOS' and 'Mac OS') or Google's operating system ('Android').
Table of Contents
- 1. The Application
- 2. Scope of License
- 3. Technical Requirements
- 4. Maintenance and Support
- 5. Use of Data
- 6. User-Generated Contributions
- 7. Contribution License
- 8. Liability
- 9. Warranty
- 10. Product Claims
- 11. Legal Compliance
- 12. Contact Information
- 13. Termination
- 14. Third-Party Terms of Agreements and Beneficiary
- 15. Intellectual Property Rights
- 16. Applicable Law
- 17. Miscellaneous
1. The Application
Zonesso ("Licensed Application") is a piece of software created to provide a platform for buying and selling vehicles and related products. It allows users to post advertisements for their vehicles, while buyers can browse listings and interact with sellers. The application is customized for iOS and Android mobile devices ("Devices"). It is used to facilitate vehicle listings, allowing users to connect with sellers through chat. Users can browse various cars, contact sellers, and make inquiries, but currently, no direct payment or purchasing features are included in the app.
2. Scope of License
- You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
- This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.
- You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with ZONESSO PORTAL L.L.C's prior written consent), sell, rent, lend, lease, or otherwise redistribute the Licensed Application.
- You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with ZONESSO PORTAL L.L.C's prior written consent).
- You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.
- Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
- Licensor reserves the right to modify the terms and conditions of licensing.
- Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.
3. Technical Requirements
- Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
- You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.
- Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. Maintenance and Support
- The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the App Store or Play Store Overview for this Licensed Application.
- ZONESSO PORTAL L.L.C and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
5. Use of Data
You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Application content and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy: Privacy Policy.
You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.
6. User-Generated Contributions
The Licensed Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, 'Contributions'). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.
- When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.
Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.
7. Contribution License
By posting your Contributions to any part of the Licensed Application or making Contributions accessible to the Licensed Application by linking your account from the Licensed Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly display, reformat, translate, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing.The use and distribution may occur in any media formats and through any media channels.This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
8. Liability
To the maximum extent permitted by applicable law, in no event shall ZONESSO PORTAL L.L.C or its affiliates, licensors, employees, agents, or other representatives be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Licensed Application; (ii) any conduct or content of any third party on the Licensed Application; or (iii) unauthorized access, use, or alteration of your transmissions or content, even if advised of the possibility of such damages.
9. Warranty
The Licensed Application is provided to you "as is" and "as available," with all faults and without warranty of any kind.To the maximum extent permitted under applicable law, Licensor expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Licensed 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.
10. Product Claims
ZONESSO PORTAL L.L.C does not make any warranties concerning the Licensed Application, and will not be liable for any claims by you or any third party, including without limitation product liability claims, any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.
11. Legal Compliance
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a 'terrorist supporting' country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
12. Contact Information
If you have any questions, complaints, or claims with respect to the Licensed Application, you may contact us at: ZONESSO PORTAL L.L.C, Dubai, UAE or by email at support@zonesso.com.
13. Termination
If you have any questions, complaints, or claims with respect to the Licensed Application, you may contact us at: ZONESSO PORTAL L.L.C, Dubai, UAE or by email at support@zonesso.com.
14.Third-Party Terms of Agreements and Beneficiary
This License Agreement is effective until terminated by You or ZONESSO PORTAL L.L.C. Your rights under this License Agreement will terminate automatically without notice from ZONESSO PORTAL L.L.C if you fail to comply with any term(s) of this License Agreement. Upon termination, you shall cease all use of the Licensed Application and destroy all copies, full or partial, of the Licensed Application.
15. Intellectual Property Rights
ZONESSO PORTAL L.L.C represents and warrants that ZONESSO PORTAL L.L.C will comply with applicable third-party terms of agreement when using Licensed Application. In accordance with Section 9 of the 'Instructions for Minimum Terms of Developer's End-User License Agreement,' both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon your acceptance of the terms and conditions of this License Agreement, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against you as a third-party beneficiary thereof.
16. Applicable Law
This License Agreement is governed by the laws of the United Arab Emirates excluding its conflicts of law rules.
17. Miscellaneous
If any of the terms of this License Agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose. Collateral agreements, changes, and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.