TERMS & CONDITIONS

1. Start and End Date of the Trial Period (“Trial Period”): 3 months commencing from 31st of January 2022. SOHOB shall inform the Receiver upon the end of the Trial Period and thereafter, Receiver shall be able to receive the full functional released Product to enjoy its features.

 

2. SOHOB may offer certain technology/products to the Receiver for trial use (collectively “Beta Product”).

 

3. Subject to the terms and conditions, SOHOB grants Receiver a temporary, revocable, non-exclusive, non-transferable, limited license (without the right to sublicense), solely for the Trial Period, to (i) install the Beta Product and use the Beta Product solely for internal evaluation purposes; and (ii) use all provided documentation (“Documentation”) in connection with such authorized use of the Beta Product.

 

4. Product in beta or pre-release form may include features and capabilities which may not be available in SOHOB’s generally available commercial versions of the Product. SOHOB retains the right during the term of the Trial Period to modify, revise, or remove Beta Product from Receiver’s Premises and SOHOB has no obligation to make beta or pre-release Product generally available. SOHOB may modify or terminate Receiver’s right to use Beta Products at any time and for any reason in their sole discretion, without liability to the Receiver.

 

5. SOHOB shall set up the Beta Product at the Receiver’s Premises. The Receiver shall operate each Beta Product in compliance with any guidelines provided by the SOHOB. The receiver will comply with all applicable safety codes, laws, and regulations. While on the Premises, the Receiver will adhere to all SOHOB policies and safety requirements.

 

6. Receiver acknowledges the hazards, dangers, and risks that may be associated with the Beta Product. The receiver understands, accepts, and expressly assumes those hazards, dangers, and risks.

 

7. The Products are provided “as is” without any warranty. The ownership of the Beta Product will be transferred to the Receiver upon receipt of the payment in full by SOHOB. However, the Receiver must not sell or distribute the Beta Product.

8. SOHOB owns all rights, titles, and interests in the Beta Product and all associated intellectual property rights, including, without limitation, all patent, copyright, trademark, trade secret, and other intellectual property and proprietary rights in the Products.

 

9. Feedback. It is expressly understood, acknowledged, and agreed that Receiver shall provide SOHOB reasonable suggestions, comments, and feedback regarding the Beta Product, including but not limited to usability, bug reports, and test results (collectively, “Feedback”). If Receiver provides such Feedback to SOHOB, you shall grant SOHOB the following worldwide, non-exclusive, perpetual, transferable, irrevocable, royalty-free, fully paid uprights: (i) to make, use, copy, modify, sell, distribute, sub-license, and create derivative works of, the Feedback as part of any product, technology, service, specification or other documentation developed or offered by SOHOB or any of its affiliates (individually and collectively, “SOHOB Products”); (ii) to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell, and sell, rent, lease or lend copies of the Feedback (and derivative works thereof) as part of any SOHOB Beta Product; (iii) solely with respect to Receiver’s copyright and trade secret rights, to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties.

 

10. The Receiver shall be responsible for protecting the Beta Products against damage, loss, and theft. Unless SOHOB agrees otherwise, for the Beta Products, which is in Receiver’s premise, Receiver must: a) allow SOHOB into Receiver’s premise so SOHOB’s staff or contractors can change, repair or replace it; b) not interfere with, change or tamper with it or allow anyone else too; and c) not do anything to damage it or affect the way it works.

 

11. Receiver may not (and may not permit any third party to): (i) modify, incorporate or use in any other works, translate, reverse engineer (except to the limited extent applicable statutory law expressly prohibits reverse engineering restrictions), decompile, disassemble, otherwise attempt to derive source code from or create derivative works based on the Beta Product; (ii) make unauthorized copies of the Beta Products; (iii) disclose, distribute, transfer or market the Beta Products to third parties; (iv) remove or modify any proprietary notices, labels or marks on or in any copy of the Beta Products; (v) distribute, sell, sublicense, rent, lease or use the Beta Products (or any portion thereof) for time sharing, hosting to third parties (vi) publicly (including on social media platforms) disseminate performance information or analysis (including, without limitation, benchmarks and performance tests) from any source relating to the Beta Products; (vii) use the Beta Products other than as permitted herein. Receiver acknowledges that the Beta Products may include features to prevent use after the applicable Trial Period. (viii) Receiver agrees and undertakes not to post, transmit or otherwise disseminate any information or images of the Beta Products on any social media (including, but not limited, to Facebook, Instagram Twitter, LinkedIn, YouTube, WhatsApp) without the prior written approval of SOHOB. The receiver undertakes and agrees not to post any information about the Beta Product that is inappropriate, harmful, vulgar, obscene, defamatory, harmful, tortuous, racist, or otherwise illegal or offensive at any cost.

 

12. The Receiver and SOHOB may terminate this Agreement during the Trial Period, for any reason, by providing fourteen (14) days written notification to the other party. In the event of early termination by the Receiver prior to the End Date of the Trial Period, the Receiver shall return the Beta Product to SOHOB at its sole cost at _Suite 3501, Concord Tower, Dubai Media City, Dubai, UAE within 48 hours from the last date of the termination. The Receiver shall be entitled to receive the partial refund in accordance with the charges outlined hereinabove. The receiver is required to return the Beta Product on/or before the End Date of the Trial Period in the same condition as received with the original box and/or packaging intact. If the Receiver will not return the Products in the timeframe as outlined above and in the same condition by the End Date of the Trial Period, SOHOB may charge you a fee. In the event that Receiver at the end of the Trial Period does not wish to renew and/or avail the SOHOB Product and its subscription for the next term, the Receiver shall return the Beta Product at its own cost to SOHOB. In the event that the Receiver at the end of the Trial Period wishes to avail the final Product from SOHOB, the Receiver shall provide fourteen (14) days written notification prior to the End Date of the Trial Period to SOHOB.

 

13. Receiver, both on behalf of Receiver and any person claiming by, through or under Receiver, to the fullest extent permitted by law, releases, acquits and forever discharges SOHOB and all SOHOB’s direct and indirect affiliates and each of their shareholders, members, managers, general and limited partners, and other owners, officers, directors, employees, contractors, customers, agents, consultants and other representatives (collectively, the “Released Parties”) from any and all, actions and causes of action, losses, liabilities, claims, damages, including incidental, special, punitive or consequential damages, loss or injuries to earnings or goodwill, judgments, executions, obligations, fees, and expenses of any and every character, known or unknown, direct and/or indirect, at law or in equity, of whatsoever kind or nature, whether existing or arising in the future, in any way directly or indirectly arising out of or in any way connected to the Beta Products. SOHOB expressly disclaims all obligations or liabilities concerning Beta Products, including any support, warranty, and indemnification obligations. Notwithstanding anything to the contrary, SOHOB’s maximum aggregate liability to you in respect to Beta Products will be ten dollars ($10.00 USD)

 

14. These terms and conditions and the relationship between the Receiver and SOHOB will be governed by and construed in accordance with the laws of Dubai. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by courts in Dubai.

 

15. Kindly refer to SOHOB’s Privacy Statement on www. sohob.tech