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Siak Mobile Invoicing Application
ESSENTIAL – READ CAREFULLY: BY DOWNLOADING, INSTALLING, AND/OR USING THE APPLICATION YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT DEFINED BELOW. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION, AND YOU MUST DELETE THE APPLICATION IMMEDIATELY. ENSURE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS BEFORE CLICKING THE "I ACCEPT" BUTTON, AS BY CLICKING THE "I ACCEPT" BUTTON YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, CLICK THE CANCEL BUTTON TO TERMINATE THE INSTALL PROCESS.
This End-User License Agreement (EULA) (hereinafter referred to as the “Agreement”) sets forth the exclusive terms and conditions under which Lagdo Software with its principal place of Business in Limbé, Cameroon (hereinafter referred to as “Licensor”) grants a limited license to the End User (hereinafter referred to as “Licensee”) of the Licensor’s invoicing mobile application called Siak and related data media and documentation (collectively, the “Mobile Application”) in conjunction with Licensee’s subscription to the application provided in a hosted or cloud-based environment (“Services”). The Licensee’s use of the Mobile Application constitutes acceptance of the terms this EULA.
THIS EULA IS A BINDING, CONTRACTUAL AGREEMENT BETWEEN LICENSEE AND LICENSOR AND/OR ANY OTHER LICENSOR APPLICATION, INCLUDING ALL DEVELOPMENT, VERSIONS, AND MODIFICATIONS TO THE FOREGOING.
Any conflicting terms, including those that may be embedded in any purchase order, order acknowledgment, invoice or other forms used by the parties, shall be of no force or effect unless agreed to in a writing by the party against which any such term or condition is asserted.
This EULA includes our Privacy Policy (https://siakapp.com/privacy-policy), General Terms of Service (https://siakapp.com/terms-of-use), and any other referenced policies and attachments.
If you use this mobile application, you agree that you do so at your own risk and are voluntarily participating in these activities. In addition, use of the Application by anyone under 18 years old, is expressly prohibited.
Licensor reserve the right, in our sole discretion, to revise or modify this Agreement at any time by sending you an in-App notification and/or publishing the revised Agreement on the Application, and you agree to be bound by such revisions or modifications. Licensee is responsible for reviewing this Agreement periodically. Such change will be effective ten (10) days following the foregoing notification and/or publishing thereof, and your continued use of the Application thereafter will constitute your acceptance of the revised Terms.
The Application is licensed, not sold, and no ownership right is conveyed to Licensee, irrespective of the use of terms in this EULA.
Licensor grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application strictly in accordance with the terms of this Agreement. Licensor may introduce different forms of licenses which may include the Subscription License or Perpetual License that is obtainable upon payment of the fees and the Evaluation or Beta License which is solely for evaluation purposes prior to purchase (an “Evaluation License”). The Evaluation License should not be for production use. The Evaluation License shall terminate on the end date of the pre-determined evaluation period or immediately upon notice from Licensor at its sole discretion.
Except as expressly provided under the previous Section (License), you agree not to, and shall not permit any third party to:
Licensee acknowledge and agree that the Application and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Licensor. Furthermore, You acknowledge and agree that the source and object code of the Application and the format, directories, queries, algorithms, structure and organization of the Application are the intellectual property and proprietary and confidential information of the Company and its affiliates, licensors and suppliers. Except as expressly stated in this License, Licensee is not granted any intellectual property rights in or to the Application by implication, estoppel or other legal theory, and all rights in and to the Application not expressly granted in this License are hereby reserved and retained by Licensee.
You are not authorized to use the Licensee trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of Licensee, which may be withheld for any or no reason.
The Application may utilize or include third party application that is subject to open source and third party license terms (“Third Party Application”). Licensee acknowledge and agree that Licensee has right to use such Third Party Application as part of the Application is subject to and governed by the terms and conditions of the open source or third party license applicable to such Third Party Application, including, without limitation, any applicable
acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between the terms of this License and the terms of such open source or third party licenses, the terms of the open source or third party licenses shall control with regard to Licensee use of the relevant Third Party Application. In no event, shall the Application or components thereof be deemed to be “open source” or “publicly available” application.
The Licensed Application may contain application that originated with third party vendors and without limiting the general applicability of the other provisions of this Agreement, you agree that (a.) the title to any third party application incorporated in the Licensed Application shall remain with the third party that supplied the same; (b.) Licensee will not distribute any such third party application available with the Licensed Application, in any manner. Licensor disclaims any liability for the consequence of such actions by such third parties.
Licensee and Licensor acknowledge and agree that, in the event of a third party claim that the Application or Your possession or use of the Application infringes any third party’s intellectual property rights, Licensee (and not Licensor) will be responsible for the investigation, defense, settlement and discharge of any such claim of intellectual property infringement. You will however, promptly notify Licensor in writing of such a claim.
As part of subscription license, Licensor provides support that includes email support for problem reporting, Application updates, upgrades and online access to Application documentation at no additional cost for the period of subscription. Technical Support, including online access to Application documentation, Application updates, upgrades, service packs, email and phone support, is not included as part of perpetual license. You may purchase technical support services for perpetual license by paying the then current maintenance and support fee.
Licensor encourages feedback from its customers. If you have any feedback regarding your purchase or use of the Application, please provide that feedback to Licensor support at contact@siakapp.com.
You agree that we may for any reason, in our sole discretion and without notice, terminate your account. Grounds for such termination may include
In addition, if we believe, in our sole discretion, that a violation of this Agreement or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of this Agreement or illegal and inappropriate behavior through the Application. Licensor will fully cooperate with any law enforcement investigation or court order requesting or directing us to disclose the identity, behavior or activities of anyone believed to have violated this Agreement or to have engaged in illegal behavior. Licensee may request termination of your account at any time and for any reason by sending an email to contact@siakapp.com.
Any suspension or termination of your account shall not affect your obligations to us under this Agreement (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), which by their sense and context are intended to survive such suspension or termination.
Licensor do not warrant that the Application will be compatible or interoperable with Licensee device or any other piece of hardware, Application, equipment or device installed on or used in connection with Licensee Device. Furthermore, You acknowledge that compatibility and interoperability problems can cause the performance of your Device to diminish or fail completely, and may result in permanent the damage to Licensee Device, loss of the data located on Your Device, and Corruption of the Application and files located on Licensee Device, Licensee acknowledge and agree that Licensor and our affiliates, partners, suppliers and licensors shall have no liability to Licensee for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
Licensor may make available to Licensee updates, upgrades, supplements and add-on components (if any) of the Application, including bug fixes, service upgrades (parts or whole), and updates, enhancements and feature improvements or deletion to any Application (including entirely new versions), (collectively "Update") after the date you obtain your initial copy of the Application. This EULA applies to all and any component of the Update, unless we provide other terms along with such Update.
The Application and all copies thereof are protected by copyright and other intellectual property laws and treaties. Licensor or its relevant third parties own the title, copyright, and all other intellectual property rights in the Application and all subsequent copies of the Application.
All title and copyrights in and to the Application (including but not limited to any images, icons, text files, pdfs or other static non-code assets contained within the Applications), the accompanying printed materials, and any copies of the Application, are owned by Licensor or its suppliers. This EULA does not grant you any rights to use such content. If the Applications contain documentation that is provided only in electronic form, you may print one copy of such electronic documentation. Except for any copies of this EULA, you may not copy the printed materials accompanying the Applications.
Other than as allowed by this EULA, or allowed by the laws of Hong Kong, the European Union, or Your country, you may not
You may not copy or embed elements of the Source Code into other Applications, or publish, transmit, or communicate the Source Code to other parties other than yourself or the entity you represent.
You retain all right, title, responsibility, and interest in and to any Personal Information or Data that you upload, submit, or otherwise transmit to or through the Hosted Services or otherwise provide to Licensor or other system used by Licensor to provide support and to collect customer feedback). Subject to the terms of this EULA, you grant Licensor a non- exclusive, worldwide, royalty-free right to: (i.) collect, use, copy, store, transmit, modify and create derivative works of Your Data, in each case solely to the extent necessary to provide the applicable Hosted Service to you and (ii.) for Hosted Services that enable you to share Your Data or interact with other people, to distribute and publicly perform and display Your Data as you (or your Authorized Users) direct or enable through the Hosted Service.
Licensor shall own all modifications and derivative works of the Application, whether made by Licensor, Licensee or any third-party, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Licensee or any other party relating to the Application. You shall not take (and shall not allow any third party to take) any action inconsistent with Licensor’ ownership and interests as set forth above, or assist any third party in doing the same, and You will report to Licensor promptly in writing an instance of suspected infringement of any intellectual property related to the Applications and give Licensor reasonable assistance in investigating and prosecuting the infringing acts.
Licensee agrees that all code, inventions, know-how, business, technical, and financial information disclosed to you by Licensor constitute the confidential property of Licensor (“Licensor Confidential Information”). Any intellectual property, the underlying technology, and any performance information relating to the Applications shall be deemed Licensor Confidential Information without any marking or further designation. Except as expressly authorized herein, you will hold in confidence and not use or disclose any Licensor Confidential Information.
You agree that Licensor will collect and track technical and related information about You and Your use of the Software, which may include Your internet protocol address, hardware identifying information, operating system, application software, peripheral hardware, and Software usage statistics to assist with the necessary operation and function of the Software, the provision of updates, support, invoicing, marketing to You by Licensor or its agents, and research and development. As a reminder, the Licensor Privacy Statement can be found here (https://siakapp.com/privacy-policy), and Licensor may update its Privacy Statement from time to time.
The Application is warranted to conform to and perform in accordance with the description contained herein for a period of one year from the distribution of the Application to Licensee,
provided that Licensee notifies Licensor in writing of the nature of any claimed defect during this period and Licensor is able to reproduce and verify the defect, in which case, as Licensee’s sole remedy, Licensor will make commercially reasonable efforts to eliminate or work around the defect, failing which Licensor will refund the fees paid by Licensee for the Service involving the defective Application. LICENSOR MAKES NO OTHER WARRANTIES RELATING TO THE APPLICATION OR SERVICE, EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES ANY WARRANTY OF NON- INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY.
IN NO EVENT WILL LICENSOR BE LIABLE TO LICENSEE FOR ANY AMOUNT IN EXCESS OF THE FEES PAID BY LICENSEE FOR THE SERVICE GIVING RISE TO
SUCH LIABILITY. Licensor will not be liable for the cost of procuring substitute or alternative application or services and neither party will be liable to the other party for any special, indirect, incidental or consequential damages, under contract, tort, statute or other legal theory, even if such party is aware of the likelihood of such damages occurring. This Section shall not apply to Licensee’s violation of the restrictions above under Grant of License or to Licensor’s obligations above under IP Indemnity.
You will indemnify, defend, and hold Licensor and all of its officers, directors, owners, employees, agents, information providers, service providers, vendors, contractors, affiliates, partners, and licensors (collectively, the "Lagdo Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any of the Companies Parties in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity or privacy, copyright infringement, or trademark infringement arising out of: your use of the Application; any use or alleged use of your account or your passwords by any person, whether or not authorized by you; your connection to the Application’s or its vendors' servers; Licensee violation of this Agreement; or your violation of the rights of any other person or entity. Licensor reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Lagdo Software and you will cooperate with Company's defense of these claims.
The parties agree that this EULA and the interpretation of its terms shall be governed by and construed in accordance with the laws of Cameroon and subject to the exclusive jurisdiction of the courts located in Cameroon. If you reside in a country where the laws of the stated jurisdiction are excluded from applying, your country’s laws will apply to such disputes related to these terms. Otherwise, you agree that the laws of Cameroon govern this License Agreement, as well as any claim, dispute, action or issue that might arise out of or in connection with it excluding their conflicts of laws principles. Any action or proceeding relating to this License must be brought to the District Court of Limbé, Cameroon and each party irrevocably submits to the jurisdiction and venue of any such court in any such claim or dispute, except that Licensor may seek injunctive relief in any court having jurisdiction to protect its confidential information or intellectual property.
The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from Application to this License Agreement.
Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The terms of the United Nations Convention on Contracts for the Sale of Goods do not apply to this EULA.
Licensor has the right to audit your Use of the Licensed Application by providing at least seven (7) days prior written notice of its intention to conduct such an audit at your facilities during normal business hours.
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying or returning to Licensor all copies of the Licensed Application in your possession. Licensor may terminate this Agreement for any reason, including but not limited to your breach of any of the terms of this Agreement. Upon termination, you shall destroy or return to Licensor all copies of the Licensed Application and certify in writing that all know copies have been destroyed. All provisions relating to confidentiality, proprietary rights, non-disclosure, and limitation of liability shall survive the termination of this Agreement.
If any term of this EULA is found to be unenforceable or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of this EULA will remain in full force and effect.
No waiver of any right under this EULA will be deemed effective unless contained in writing signed by a duly authorized representative of the party against whom the waiver is to be asserted, and no waiver of any past or present right arising from any breach or failure to perform will be deemed to be a waiver of any future rights arising out of this EULA.
Licensee may assign this EULA to succeed parties in the case of a merger, acquisition or change of control; provided, however, that in each case, (a.) Licensor is notified in writing within ninety (90) days of such assignment, (b.) the assignee agrees to be bound by the terms and conditions contained in this EULA and (c.) upon such assignment the previous assignee makes no further use of the Application(s) licensed under this EULA. Licensor may assign its rights and obligation under this EULA without consent of Licensee. Any permitted assignee shall be bound by the terms and conditions of this EULA.
This EULA constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements, proposals, negotiations, representations or communications relating to the subject matter. Both parties acknowledge that they have not been induced to enter into this EULA by any representations or promises not specifically stated herein. This EULA may not be modified or amended by you without Licensor’ written agreement (which may be withheld in Licensor’ complete discretion).
In the event of a conflict between the terms of this EULA and the terms of any open source licenses applicable to the Application, for the specific terms in conflict, the terms of the open- source licenses shall control with regard to the Application, or part thereof.
Please submit any questions you have about these terms or an order you have placed or ordering in general, or any complaint or concern in relation to any Service ordered by email to contact@siakapp.com.
-- End of EULA --
Last updated: December, 2020
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