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End User License
Agreement (EULA)
Except as otherwise indicated, this Web Site
and its entire contents are owned by Business Directory Services
Est. (BDS) and are protected by domestic and international
copyright, trademark and other intellectual property laws. You
may use this Web Site for informational purposes only.
By using this Web Site, or downloading any
portion of its information or other content, you agree to abide
by these terms and conditions. If you do not agree to these
terms and conditions, please do not use this Web Site, or
download any portion of its contents. You understand that BDS
may terminate, change, suspend or discontinue any aspect of this
Web Site, including the availability of any features, at any
time. BDS may also impose limits on certain features and
services or restrict your access to parts or all of the Web Site
without notice or liability. BDS reserves the right, in its sole
discretion, to change and modify these terms and conditions in
whole or in part at any time, and your continued use of this Web
Site after such changes are posted shall be deemed acceptance by
you of such changes.
Third Party Links
Any link on this Web Site to third party
web sites is being provided by BDS to you as solely a
convenience. Third party sites are not covered by BDS’s Privacy
Statement. BDS makes no warranty or representation regarding the
linked sites themselves or the contents thereon and BDS is not
in any way responsible for such information or content or for
the privacy or security practices of such third party sites. BDS
does not endorse or sponsor any linked web sites, the
information appearing thereon, or any of the products or
services described thereon.
Trademarks
The BDS name and logo are trademarks of Business Directory
Services Est. (BDS)
On-line
Orders
No agreement to sell products or services shall be formed until
an order is placed by you and then accepted by BDS or one of its
affiliates in the manner set forth in BDS’s specific ordering
instructions. The terms of such agreement shall be those of BDS
or such affiliate’s standard terms and conditions of sale. All
product requests or orders are subject to applicable law,
including without limitation any applicable export and import
regulations and boycott restrictions.
Jurisdiction and Choice of Law
This Web Site is administered and operated
by BDS from its offices within the Kingdom of Saudi Arabia and
BDS makes no representation that the information and other
Content herein is available or appropriate for use at locations
outside the Kingdom of Saudi Arabia and access to them from
territories where their contents are illegal is prohibited. If
you access this Web Site outside the
Last Updated March
23, 2008.
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END-USER LICENSE AGREEMENT (EULA)
BUSINESS DIRECTORY SERVICES Est. ("BDS") IS WILLING TO LICENSE
THIS SOFTWARE TO YOU, THE LICENSEE, ONLY UPON THE CONDITION THAT
YOU ACCEPT THE TERMS CONTAINED IN THIS LICENSE. BY CLICKING ON
THE "YES" BUTTON, YOU ARE INDICATING THAT YOU HAVE READ ALL OF
THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY ADDITIONAL
TERMS AND CONDITIONS CONTAINED HEREIN, UNDERSTAND THEM, AND
AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO OR UNDERSTAND
ALL THESE TERMS, THEN BDS IS UNWILLING TO LICENSE THE SOFTWARE
TO YOU, IN WHICH EVENT YOU SHOULD CLICK THE "NO" BUTTON AND THE
INSTALLATION WILL NOT PROCEED. IF YOU DO NOT AGREE TO OR
UNDERSTAND THESE TERMS, YOU MUST RETURN THE SOFTWARE WITHIN
SEVEN DAYS OF THE DATE OF PURCHASE TO THE PLACE YOU OBTAINED IT
FOR A FULL REFUND.
1. Definitions (as used in this Agreement):
(a) "Software" means all software, in object code only, provided
by BDS to you, together with all firmware, technology contained
in circuit boards, the authorization key contained in the
Dongle, and all BDS-authorized updates, replacements or
modifications provided to You. This Software may contain
software licensed by third parties to BDS.
(b) "Hardware" means any equipment originating with and packaged
by BDS for sale in conjunction with the Software, and includes
but is not limited to the "Dongle". The Hardware may contain
refurbished parts. Hardware excludes any equipment not
originating with and packaged by BDS for sale with the Software.
(c) "Documentation" means the user guides, reference manuals,
installation materials and other written materials (in whatever
format, including electronic or hardcopy) relating to the System
which BDS provides to You.
(d) "Dongle" means the Hardware/Software "authorization key"
packaged by BDS with the Software (or any BDS-authorized
replacement provided to You) and which contains a unique series
of data elements which enables the use of the Software.
(e) "System" means a system furnished by BDS and comprised of
Hardware and/or Software, Dongle, and related Documentation.
2. Limited Use License
(a) Subject to the terms and conditions contained
in this Agreement, BDS grants, and You accept, a nonexclusive,
non-transferable license, without the right to sublicense, and
right (i) to use the Software only on a single computer, and
(ii) to use the Documentation, in each case solely for Your
internal purposes only. The Software may only be used by a
single user at any time, and may not be used as a networked
application. Additional concurrent users will require additional
purchases of the Software. You may physically transfer the
Software from one computer to another provided that the Software
is used on only one computer at a time. Additionally, you may
not distribute copies of the Software or the accompanying
Documentation to others nor may you modify or translate the
Software or Documentation. You may not transfer the Software or
this license.
(b) You will take all reasonable steps to safeguard the
Software, and the Documentation and to ensure that no
unauthorized persons have access to the Software or the
Documentation, and that no persons authorized to have such
access shall take any action which would be prohibited by this
Agreement if taken by You. You will not, directly or indirectly,
reverse engineer, disassemble, decompile or otherwise alter the
Software (including but not limited to the Dongle).
(c) You acknowledge that the Software may include features that
ensure that Your use of the Software complies with the terms of
this Agreement.
(d) The Software may be accompanied by a Dongle, which contains
an "authorization key." An authorization key is a unique series
of data elements which enables You to access and use the version
of the Software licensed to You. Such keys are confidential and
non-transferable.
(e) This license is limited to the version of the Software
(including features) originally approved by BDS to be licensed
to You, as accessed through the applicable BDS-configured Dongle
(or any BDS-authorized replacement). This license does not
extend to any other version, even if such version may be part of
the Software, and access to such versions may only be
accomplished through a separate BDS-authorized license
accompanied by a separate BDS-authorized Dongle or other
authorization key. You acknowledge that it is a breach of this
license for You, or anyone acting on Your behalf, to modify or
alter the Dongle configuration to access any version of the
Software not originally licensed to You, or to use with the
Software any other Dongle
3. Title.
This Agreement is not a sale of the Software, the Documentation
or any copy thereof. BDS and its licensors retain all rights,
title, interest, and ownership of the Software and the
Documentation, including patents, copyrights, trademarks, trade
secrets and other proprietary rights applicable thereto, and all
copies, regardless of the form or media on or in which the
original or any copy may exist. The Software and the
Documentation are protected by the
as stated herein, this Agreement does not grant You any rights
to patents, copyrights, trade secrets, trademarks or any other
rights in respect of Software, Hardware, and Documentation.
4. Software and Documentation.
All copies or partial copies of the Software or Documentation,
whether in printed, machine-readable or other form, shall be
considered part of the Software or Documentation and shall be
subject to this Agreement. You may not copy, nor encourage or
allow copying of, the Software or Documentation. You may not
cause or permit the disclosure, copying, licensing,
sublicensing, leasing, dissemination or other distribution of
the Software or the Documentation by any means or in any form,
without the prior written consent of BDS. You may not use the
Software to conduct a service bureau, ASP business or similar
business for the benefit of third parties.
5. Confidentiality.
You acknowledge that the System contains proprietary and
confidential property of BDS and/or BDS's licensors embodying
trade secrets (collectively, "Confidential Information"). You
will not disclose, provide or otherwise make available any such
Confidential Information to any person other than Your employees
and/or consultants who need to have access thereto to carry out
their duties and who are bound by appropriate confidentiality or
nondisclosure agreements.
6. Government End Users. GOVERNMENT RESTRICTED RIGHTS.
The System was developed at private expense and with no
government funds. If any Software or Documentation is acquired
by or on behalf of a unit or agency of any Government, the
Government agrees that such Software or Documentation is
"commercial computer software" or "commercial computer software
documentation" and that, absent a written agreement to the
contrary, the Government's rights with respect to such Software
or Documentation are limited by the terms of the this License
Agreement. The Software is proprietary data, all rights of which
are reserved under the copyright laws of the
7. Limited Warranty.
(a) BDS warrants solely to You that the System, unmodified by
You, will function substantially in accordance with BDS's
published specifications when given normal, proper, and intended
usage. This warranty does not apply to expendable components,
such as, but not limited to, computer diskettes and tapes. Your
sole remedy and BDS's exclusive liability for a breach of this
limited warranty shall be, at BDS's option, the repair or
replacement of the nonconforming System. BDS AND ITS RESELLERS,
DISTRIBUTORS AND LICENSORS DO NOT WARRANT
(b) BDS shall have no obligation to provide warranty or
maintenance service in respect of claims resulting, in whole or
in part, from (i) catastrophe, fault or negligence, (ii)
improper or unauthorized use or repair of the System, (iii) use
of any System in a manner for which it was not designed, (iv)
causes external to the System such as, but not limited to, power
failure or electric power surges, or (v) use of the System in
combination with equipment or software not supplied or approved
by BDS.
(c) Notwithstanding the above, no warranty shall apply to
Hardware, Software or Documentation which is designated as
"beta," "limited release," "pre-release," or otherwise as not
being subject to warranty. All such Hardware, Software and
Documentation is provided "AS IS" AND WITH ALL FAULTS. IN
ADDITION, NO WARRANTY APPLIES TO LOST OR STOLEN DONGLES. YOU ARE
ADVISED TO INSURE YOUR DONGLES AGAINST LOSS OR THEFT.
(d) EXCEPT AS STATED ABOVE, BDS AND ITS RESELLERS, DISTRIBUTORS
AND LICENSORS EACH DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY
LAW, ALL WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED,
WRITTEN OR ORAL, STATUTORY OR OTHERWISE, WITH RESPECT TO THE
SYSTEM (OR ANY COMPONENT PARTS THEREOF), ANY THIRD PARTY
SOFTWARE, INCLUDING ANY AND ALL WARRANTIES OF TITLE,
NON-INFRINGEMENT OF THIRD PARTY'S RIGHTS, QUALITY, PERFORMANCE,
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Some
jurisdictions do not allow limitations on disclaiming implied
warranties or conditions, so the above limitation may not apply
to You.
(e) If You have questions about performance of this product, or
this limited warranty, you can contact BDS at
Support@businessdirectories.net, or visit
www.businessdirectories.net to obtain more information.
(f) This limited warranty gives You specific legal rights, and
You may also have other rights which vary from jurisdiction to
jurisdiction. Some jurisdictions do not allow the exclusion or
limitation of relief, incidental or consequential damages, so
the above limitation or exclusion may not apply to You.
8. Limitation of Liability.
THE MAXIMUM LIABILITY OF BDS AND ITS RESELLERS, DISTRIBUTORS AND
LICENSORS ARISING OUT OF THE SALE/LICENSE OF THE SYSTEM OR THE
USE THEREOF, WHETHER BASED UPON WARRANTY, CONTRACT, TORT OR
OTHERWISE, SHALL NOT EXCEED WHERE THE CLAIM RELATES SOLELY TO
THE SYSTEM, THE ACTUAL PAYMENT MADE BY YOU FOR THE SYSTEM.
9. Exclusion of Damages.
IN NO EVENT SHALL BDS AND ITS RESELLERS, DISTRIBUTORS AND
LICENSORS BE LIABLE FOR SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT
OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF DATA OR LOSS OF USE
DAMAGES (INCLUDING WITHOUT LIMITATION "DOWNTIME") AND LOST
PROFITS, ARISING HEREUNDER OR FROM THE SALE OF THE SYSTEM OR THE
LICENSE OF THE SOFTWARE AND DOCUMENTATION OR THE USE OF ANY OF
THEM OR ANY DELAY OR FAILURE TO DELIVER THE SYSTEM, EVEN IF BDS
OR BDS'S LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY
SUCH DAMAGES.
10. Term. This Agreement is effective until terminated.
You may terminate the license at any time by returning the
Software and all Documentation to BDS and by removing the
Software and all copies thereof from the memory of any computer
into which the Software has been transferred. This Agreement
shall terminate automatically if You fail to comply with any
term or condition contained herein. Within seven days of BDS's
termination of this Agreement, You will return to BDS the
original and all copies of the Software and the Documentation.
Any Software you are required to return hereunder includes
circuit boards containing BDS proprietary software, firmware, or
other technology. The Dongle (which contains proprietary
authorization keys) shall also be returned to BDS, or, at BDS's
option, You may destroy it and certify to BDS that it has been
destroyed.
11. Respect for Rights and Indemnification.
You agree that You shall only use the Software and Documentation
in a manner that complies with all applicable laws in the
jurisdiction in which You use the Software and Documentation,
including but not limited to, applicable restrictions concerning
copyright and other intellectual property rights. This Software
is intended for use only with properly licensed media, content,
and content creation tools. It is Your responsibility to
ascertain whether any copyright, patent, or licenses are
necessary and to obtain any such licenses to duplicate, modify,
transmit, distribute, and/or create or compress such media,
content or tools. You agree to indemnify, defend, and hold
harmless BDS and each of its officers, directors, employees,
subsidiaries and divisions, from and against losses, damages,
expenses (including reasonable attorneys' fees), fines, or
claims
arising from or relating to any claim that the Software and
Documentation was used by You in connection with the
duplication, modification, transmission or distribution of or
any other action relating to any content or materials in
violation of another party's rights or in violation of any law.
You may not use the Software in conjunction with any device or
service designed to circumvent technological measures employed
to control access to, or the rights in, a content file or other
work protected by the copyright laws of any jurisdiction.
12. Choice of Law; Jurisdiction; Language.
(a) This Agreement will be governed by, and any court actions
hereunder shall apply, the laws in force in the Kingdom of Saudi
Arabia, excluding: (i) the application of its conflicts of law
rules; (ii) the United Nations Convention on Contracts for the
International Sale of Goods; (iii) the 1974 Convention on the
Limitation Period in the International Sale of Goods (the "1974
Convention"); and (iv) the Protocol amending the 1974
Convention, done at Vienna April 11, 1980.
(b) You and BDS agree that the exclusive venue shall be the
courts in and of the
13. General
(a) This Agreement supersedes all prior agreements and
understandings between the parties related to the subject matter
herein and it is intended by the parties to be the complete and
exclusive statement of the terms of their Agreement. This
Agreement shall not be amended, altered or changed by any
purchase order or other instrument submitted by You. If BDS
provides any modification, enhancement, replacement or update
for the Software to You, such modification, enhancement,
replacement, or update shall be governed by the terms of this
Agreement, or any additional or different terms and conditions
that may be required by BDS as a condition to Your using such
modification, enhancement, replacement or update. If any
provision of this Agreement is held to be unenforceable for any
reason, such provision shall be reformed only to the extent
necessary to make it enforceable, and shall not affect the
enforceability of any other provision of this Agreement. The
waiver of any party of a breach or default under any provision
under this Agreement or the failure of such party to exercise
its rights under this Agreement in any instance shall not
operate or be construed as a continuing waiver or a waiver
of any subsequent breach or default. No waiver of any of the
provisions of this Agreement shall be deemed or shall constitute
a waiver of any other provision hereof (whether or not similar).
(b) You shall be responsible for and shall pay, and shall
reimburse BDS on request if BDS is required to pay, any sales,
use, value added (VAT), consumption or other tax (excluding any
tax that is based on BDS's net income), assessment, duty,
tariff, or other fee or charge of any kind or nature that is
levied or imposed by any governmental authority on the System.
(c) Except as expressly provided otherwise herein, the remedies
contained herein are cumulative and in addition to any other
remedies at law or equity. BDS's failure to enforce, or waiver
of a breach of, any provision hereof shall not constitute a
waiver of any other breach of such provision. You acknowledge
that a breach by you of Sections 2, 4, or 5 of this Agreement
would constitute irreparable harm to BDS for which a remedy at
law would be inadequate and therefore consent to being enjoined
from any such breach without requiring BDS to post a bond.
(d) BDS shall not be considered in default in performance of its
obligations hereunder if performance of such obligations is
prevented or delayed by acts of God or government, war, riots,
acts of civil disorder, labor disputes, failure or delay of
transportation or telecommunications, or by vendors or
subcontractors, or any other similar cause or causes beyond its
reasonable control.
(e) The terms and conditions of this Agreement will be held as
confidential by both parties hereto, provided, however, that BDS
may cite that You are a user of the System.
(f) The System is not fault-tolerant and is not designed,
certified, tested, manufactured or intended for use in hazardous
environments requiring fail-safe or uninterrupted performance,
including without limitation, in the operation of nuclear
facilities, aircraft navigation or communication systems, air
traffic control, direct life support machines, weapons systems,
or disposal of hazardous waste, in which the failure of the
System could lead directly or indirectly to death, personal
injury, or severe physical or environmental damage ("High Risk
Activities"). BDS AND ITS RESELLERS, DISTRIBUTORS AND LICENSORS
HAVE NOT MADE ANY
EXPRESS WARRANTIES AND SPECIFICALLY DISCLAIM ALL IMPLIED
WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS
FOR HIGH RISK ACTIVITIES. You agree to indemnify and hereby hold
BDS, its licensors and resellers harmless from any claims for
losses, costs, damages, expenses, or liability which may arise
out of or in connection with the use of the System for High Risk
Activities.
Copyright (c) 2008, Business Directory Services Est. and its
licensors. All rights reserved. BDS is a registered trademark of
Business Directory Services Est. in the
BDS End-User License Agreement v1.0
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Products ordered directly from Business Directory Services Est.,
or one of our affiliates may be returned within 14-days of the
date of purchase for a full refund provided a Return Merchandise
Authorization or (RMA) number has been issued. Your RMA number
must be enclosed within the packaging before shipping your
product. NO returns of any type will be accepted without an RMA
number.
NOTE:
The 14-day money back guarantee is valid on original purchases
only and does not apply to multi user licenses or product update
subscriptions (If any).
Once your item is received, a credit will be issued back to the
credit card used to purchase the products or if payment was made
via Bank Transfer to your bank account. The credit card or bank
account will be credited for the purchase price of the product
returned (excluding shipping and handling charges, which are
non-refundable).
Original shipping charges are the responsibility of the customer
and are non-refundable.
Returns may take 4 to 8 weeks to process.
We strongly recommend you fully insure your return shipment in
case it is lost or damaged and or ask for delivery confirmation
in order to provide you with proof of delivery for your
protection.
All products returned MUST: contain ALL original materials,
contain all manuals, and other accessories and documentation
provided. All items must be returned in re-sellable condition,
or will be subject to a 25 percent damage fee.
We reserve the right to deny the return of any product.
These return policies are industry standard for all software and
media products due to piracy issues.
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BDS respects the privacy of its employees,
its customers and visitors to its website (together known as
“data subjects”) and takes its responsibilities regarding the
security of information held on data subjects very seriously.
This Data Privacy Policy
has been created to explain the way in which BDS uses personal
data.
This policy applies to the
Business Directory Services Est. and
all of its subsidiaries and affiliates around the world.
References to “BDS” in this policy refer to the Business Directory Services Est.
BDS will only use personal data it has
collected in relation to its
employees where it is necessary and
lawful to do so. Personal data may be provided to a third party
in connection with a possible sale or transfer of all or part of
BDS’s business or in order to comply with legal requirements.
BDS may update this
Data Privacy Policy from time to time.
What is covered in this policy?
This Policy is divided into the following sections:
1. What is personal data?
Personal data is
any information that allows an individual to be identified. The
types of personal data BDS may collect include the person’s
name, title, company affiliation, address, and phone number and
email address.
Sensitive personal data
is information relating to a data subject’s racial or ethnic
origin, political opinion, religious beliefs or other beliefs of
a similar nature, membership of a trade union, physical or
mental health conditions, commission or alleged commission of
any offence or any proceedings for any offence committed or
alleged to have been committed by a data subject, the disposal
of such proceedings or the sentence of any court in such
proceedings.
BDS has in place appropriate technical and
security measures to prevent unauthorized or unlawful access to
or accidental loss of or destruction or damage to personal data.
These measures ensure an appropriate level of security in
relation to the risks inherent in the processing and the nature
of the personal data to be protected. Securely held personal
data will only be accessible by select authorized members of
staff within BDS. Those members of staff with access to personal
data are aware of their responsibility to protect the security
of the data and have been given relevant training. Access to
this information is controlled through data networks that use
technologies such as password protection to limit access to
authorized users.
Where BDS discloses personal data to third
parties it will ensure in its contracts with such third parties
that they comply with this Data Privacy Policy and applicable
data protection laws.
Users of The BDS Website
This section of the Data Privacy Policy
Use of “cookies”
BDS may use
“cookies” on its website to allow
visitors to use the website without having to log in upon
returning, to input information to email forms, to improve the
site, to verify that visitors meet the necessary criteria to
process their requests and to improve the management and
security of the website. A “cookie” is information that a
website puts on a visitor’s hard drive so that it can remember
pieces of information about them when they next visit the
website or a related website. BDS uses cookies to record
personal data about an individual who uses its website in order
to facilitate their future activities. Unless otherwise notified
by BDS, BDS will not use personal data sent in a cookie for
marketing purposes and will not share this personal data with
third parties.
If an individual does not wish to receive
cookies from BDS’s website, he can set his browser to warn him
before accepting cookies and refuse the cookie when alerted by
the browser to its presence. Cookies can also be refused by
turning them off in the browser.
Last Updated March 23,
2008
©2008 Business Directory Services Est. All rights reserved worldwide.
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