Terms and conditions
No Emergency
Calls: Ahwar
Messenger Software does not and does not intend to support or carry emergency
calls.
This Agreement:
This Agreement, and
any new versions, between Ahwar Messenger and You, covers all Your use of Ahwar
Messenger Software from any terminals where Ahwar Messenger Software has been
installed, by You or by third parties. You can accept this Agreement by clicking
on the ACCEPT button or similar buttons or by just installing and using Ahwar
Messenger.
Terms: by using the Ahwar
Messenger Services, You acknowledge and agree that Ahwar Messenger will treat
such use as acceptance of the applicable terms. You acknowledge and agree that
by accepting this Agreement you are entering into a legally binding contract,
which collectively is referred to below as the "Terms".
Electronic
Signature(s): You hereby agree to the use of electronic communication in order to enter into
contracts, place orders and create other records and to the electronic delivery
of notices, policies and records of transactions initiated or completed through
the Ahwar Messenger Software. Furthermore, You hereby waive any rights or
requirements under any laws or regulations in any jurisdiction which require an
original (non-electronic) signature or delivery or retention of non-electronic
records, to the extent permitted under applicable mandatory
law.
Jurisdiction's
Restrictions: If the
law of Your country prohibits You from downloading or using Ahwar Messenger
Software because You are under the age limit or because the Ahwar Messenger
Services are not allowed in Your country, please don't use it.
1. Definitions
1.1 The following terms and expressions shall
have the following meanings:
Affiliate: any corporation, company or other entity that
directly or indirectly controls, is controlled by, or is under common control
with, Ahwar Messenger. For the purpose of this definition, the word "control"
shall mean the direct or indirect ownership of more than fifty percent (50%) of
the outstanding voting stock of the corporation, company, or other
entity.
Agreement: this End User License Agreement, as may be
renewed and/or amended from time to time.
Documentation: any online or otherwise enclosed documentation
provided by Ahwar Messenger.
Effective
Date: the date on
which this Agreement is entered into by clicking on the "Accept button" or by
just downloading and using Ahwar Messenger Software by You, whichever occurs
earlier.
Emergency
Service(s): means
services that connect a user to emergency services personnel or public safety
answering points pursuant to applicable local and or national regulatory
requirements.
IP
Rights: means (i)
patents, pending patent applications, designs, trade marks and trade names
(whether registered or unregistered), copyright and related rights, database
rights, knowhow and confidential information; (ii) all other intellectual
property rights and similar or equivalent rights anywhere in the world which
currently exist or are recognized in the future; and (iii) applications,
extensions and renewals in relation to any such rights.
Password: refers to a code You select, which, in
combination with the User ID, gives You access to Your User
Account.
Ahwar
Messenger: refers to
Splendor Telecom, the owner of Ahwar Messenger, a company established under the
laws of the Republic< of Lebanon, Splendor Telecom S.A.L (offshore), with its
address at Clemenceau Weavers Center - Beirut, Lebanon.
Ahwar Messenger Online
Material: the Ahwar
Messenger buttons and widgets available for download on the Ahwar Messenger
Website at www.ahwar.net, as such
may be changed from time to time by Ahwar Messenger in its sole
discretion.
Ahwar Messenger
Promotional Materials: any and all trademarks, names, signs, logos,
banners, and any other materials, in whatever form, owned and/or used by Ahwar
Messenger for the promotion of its company, its products and activities, other
than the Ahwar Messenger Online Material.
Ahwar Messenger
Services: the Ahwar
Messenger Website and any other products and services made available to You by
Ahwar Messenger or its Affiliates, in addition to the Ahwar Messenger
Software.
Ahwar Messenger
Software: the
software distributed by Ahwar Messenger for internet communication applications,
as well as any future versions, improvements, updates and upgrades
thereof.
Ahwar Messenger
Staff: the officers,
directors, employees and agents of Ahwar Messenger or its Affiliates, or any
other persons hired by Ahwar Messenger or its Affiliates.
Ahwar Messenger
Website: any and all
elements, contents and the 'look and feel' of the website available under the
URL, www.ahwar.net , - among other URL's -, from which website the Ahwar
Messenger Software can be downloaded.
UI: the user interface of the Ahwar Messenger
Software.
User
Account: refers to
the account with User ID and Password that You create for Your use of the Ahwar
Messenger Software.
User
ID: refers to an
identification code You selected, which in combination with the Password, gives
access to Your User Account.
You: You, the end user of the Ahwar Messenger
Software, also used in the form "Your" where applicable.
1.2 References to the singular include the
plural and vice versa, and references to one gender include the other
gender.
1.3 Any phrase introduced by the expressions
"including", "include", "in particular" or any similar expression shall be
construed as illustrative and shall not limit the sense of the words preceding
those terms.
2. License and Restrictions
2.1 License: Subject to the terms
of this Agreement, Ahwar Messenger hereby grants You a limited, personal,
non-commercial, non-exclusive, non-sub licensable, non-assignable, free of
charge license to download, install and use the Ahwar Messenger Software on Your
computer, phone or PDA for the sole purpose of personally using the internet
communication applications provided by Ahwar Messenger and any other
applications that may be explicitly provided by Ahwar Messenger. You are allowed
to use the Ahwar Messenger Software at university or any other educational
institution, subject to paragraph 4.3 below and in accordance with this
Agreement and any applicable Additional Terms. You are allowed to use the Ahwar
Messenger Software at work to make communications relating to Your business in
accordance with this Agreement and any applicable Additional Terms
2.2 No Granting of Rights
to Third Parties: You will not sell, assign, rent, lease,
distribute, export, import, act as an intermediary or provider, or otherwise
grant rights to third parties with regard to the Ahwar Messenger Software or any
part thereof.
2.3 No Modifications: You will not
undertake, cause, permit or authorize the modification, creation of derivative
works, translation, reverse engineering, decompiling, disassembling or hacking
of the Ahwar Messenger Software or any part thereof except to the extent
permitted by law.
2.4 Exclusive Ownership: Any and all IP
Rights in the Ahwar Messenger Software, the Ahwar Messenger Website, the Ahwar
Messenger Online Material and the Ahwar Messenger Promotional Materials are and
shall remain the exclusive property of Ahwar Messenger. Nothing in this
Agreement intends to transfer any such IP Rights to, or to vest any such IP
Rights in, You. You are only entitled to the limited use of the IP Rights
granted to You in this Agreement. You will not take any action to jeopardize,
limit or interfere with Ahwar Messenger's IP Rights. Any unauthorized use of
Ahwar Messenger's IP Rights is a violation of this Agreement as well as a
violation of intellectual property laws and treaties, including without
limitation copyright laws and trademark laws.
2.5 Ahwar Messenger
Promotional Materials: Nothing in this Agreement will give You any right
to use the Ahwar Messenger Promotional Materials.
3. What You should and should not expect from
Ahwar Messenger
3.1 No
Warranties:
Installing Ahwar Messenger Software enables You to communicate with other
people. Ahwar Messenger cannot guarantee that You will always be able to
communicate with other people, nor can Ahwar Messenger guarantee that You can
communicate without disruptions, delays or communication-related flaws or that
all Your communications shall always be delivered to other
people.
3.2 Content of
Communications: The
content of the communication spread by the use of the Ahwar Messenger Software
is entirely the responsibility of the person from whom such content originated.
You understand, therefore, that by using the Ahwar Messenger Software and the
Ahwar Messenger Services You may be exposed to content that is offensive,
harmful to minors, indecent or otherwise objectionable, and that You use the
Ahwar Messenger Software and the Ahwar Messenger Services at Your own
risk.
3.3 Utilization of Your
Computer: Ahwar
Messenger Software may utilize the processor and bandwidth of the computer (or
other applicable device) You are utilizing, for the limited purpose of
facilitating the communication between You and third parties. Ahwar Messenger
will use its commercially reasonable efforts to protect the privacy and
integrity of the computer resources You are utilizing and of Your communication;
however Ahwar Messenger cannot give any warranties in this
respect.
3.4 New Versions of the
Ahwar Messenger Software: Ahwar Messenger, in its sole discretion, reserves
the right to add additional features or functions, or to provide programming
fixes, updates and upgrades, to the Ahwar Messenger Software. Ahwar Messenger
has no obligation to make available to You any subsequent versions of the Ahwar
Messenger Software. You may have to enter into a renewed version of this
Agreement, in the event you want to download, install or use a new version of
the Ahwar Messenger Software.
3.5 Suspension:
Ahwar Messenger may,
in its sole discretion and to the maximum extent permitted within Your
jurisdiction, modify or discontinue or suspend Your ability to use any version
of the Ahwar Messenger Software, and/or disable any Ahwar Messenger Software You
may already have accessed or installed without any notice to You, for the
repair, improvement, and/or upgrade of the underlying technology or for any
other justifiable reason, including but not limited to, circumstances where You,
at Ahwar Messenger's discretion, are in breach of the Terms, creating problems,
possible legal liabilities, or engaging in fraudulent, immoral or illegal
activities, or for other similar reasons.
3.6 No Emergency Calls:
The Ahwar Messenger
Software is not intended to support or carry emergency calls to any type of
hospital, law enforcement agency, medical care unit or any other kind of
Emergency Service. You acknowledge and agree that: (i) Ahwar Messenger is not
required to offer access to Emergency Services under any applicable local and/or
national rules, regulation or law; (ii) You must make additional arrangements to
access Emergency Services and it is Your responsibility to purchase (separately
from the Ahwar Messenger Software), traditional wireless or landline telephone
services to obtain such access; and (iii) Ahwar Messenger is not a replacement
for Your primary telephone service.
4. What do we expect from You
4.1 Lawful purposes:
You will use the
Ahwar Messenger Software solely for lawful purposes. In this respect You may
not, without limitation (a) intercept or monitor, damage or modify any
communication which is not intended for You; (b) use any type of spider, virus,
worm, trojan-horse, time bomb or any other codes or instructions that are
designed to distort, delete, damage or disassemble the Ahwar Messenger Software
or the communication; (c) send any unsolicited commercial communication not
permitted by applicable law; (d) expose any third party to material which is
offensive, harmful to minors, indecent or otherwise objectionable in any way;
(e) use the Ahwar Messenger Software to cause or intend to cause embarrassment
or distress to, or to threaten, harass or invade the privacy of, any third
party; or (f) use any material or content that is subject to any third party
proprietary rights, unless you have a license or permission from the owner of
such rights.
4.2 Indemnification:
YOU AGREE TO
INDEMNIFY, DEFEND AND HOLD AHWAR MESSENGER AND ITS AFFILIATES HARMLESS FROM AND
AGAINST ANY AND ALL LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES
INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF YOUR (A)
VIOLATION OR BREACH OF ANY TERM OF THIS AGREEMENT OR ANY APPLICABLE LAW OR
REGULATION, WHETHER OR NOT REFERENCED HEREIN, OR (B) VIOLATION OF ANY RIGHTS OF
ANY THIRD PARTY, OR (C) USE OR MISUSE OF THE AHWAR MESSENGER SOFTWARE, OR (D)
COMMUNICATION SPREAD BY MEANS OF THE AHWAR MESSENGER
SOFTWARE.
4.3 Utilization of Your
Computer: If Your
use of the Ahwar Messenger Software is dependant upon the use of a processor and
bandwidth owned or controlled by a third party, You acknowledge and agree that
Your license to use the Ahwar Messenger Software is subject to You obtaining
consent from the relevant third party for such use. You represent and warrant
that by accepting this Agreement and using the Ahwar Messenger Software, You
have obtained such consent.
5. Term, Termination, Updates
5.1 Term:
This Agreement will
be effective as of the Effective Date and will remain effective until terminated
by either Ahwar Messenger or You as set out below. The Additional Terms (if any)
will be effective as of the date upon which they are accepted by You or You use
the relevant Ahwar Messenger Service (as applicable), and will remain effective
until terminated by either Ahwar Messenger or You as set out below and/or in the
applicable terms.
5.2
Termination: You may
terminate the Terms with immediate effect at any time. Without limiting other
remedies, Ahwar Messenger may limit, suspend, or terminate this license and Your
use of Ahwar Messenger Software and Ahwar Messenger Services, prohibit access to
the Ahwar Messenger Website and delete Your User Account and/or User ID, with
immediate effect, automatically and without recourse to the courts, if we think
that You are in breach of the Terms, creating problems, legal liabilities
(actual or potential), infringing someone else's intellectual property rights,
engaging in fraudulent, immoral or illegal activities, or for other similar
reasons. Ahwar Messenger shall effect such termination by providing notice to
You to the email address You have provided, and/or by preventing Your access to
Your User Account. We reserve the right to cancel User Accounts that have been
inactive for more than one (1) year.
5.3 Consequences of
Termination: Upon
termination of this Agreement and the Additional Terms: (a) all licenses and
rights to use the Ahwar Messenger Software and the Ahwar Messenger Services
shall immediately terminate; (b) You will immediately cease any and all use of
the Ahwar Messenger Software and Ahwar Messenger Services; and (c) You will
immediately remove the Ahwar Messenger Software from all hard drives, networks
and other storage media and destroy all copies of the Ahwar Messenger Software
in Your possession or under Your control.
5.4 New Versions:
Ahwar Messenger
reserves the right to change this Agreement at any time by publishing the
revised Agreement on the Ahwar Messenger Website. The revised Agreement shall
become effective within thirty (30) days of such publication, unless You
expressly accept the revised Agreement earlier by clicking on the accept button.
Your express acceptance or Your continued use of the Ahwar Messenger Software
after expiry of the notice period of thirty (30) days shall constitute Your
acceptance to be bound by the terms and conditions of the revised Agreement.
6. Disclaimer of Warranties and Limitation of Liability
6.1 No Warranties:
THE AHWAR MESSENGER
SOFTWARE IS PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER; AHWAR MESSENGER DOES
NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR
REPRESENTATIONS WITH RESPECT TO THE AHWAR MESSENGER SOFTWARE, INCLUDING, WITHOUT
LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT,
MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. AHWAR MESSENGER
FURTHER DOES NOT REPRESENT OR WARRANT THAT THE AHWAR MESSENGER SOFTWARE WILL
ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE,
COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES AHWAR
MESSENGER WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY
QUALITY OF CALLS MADE THROUGH THE AHWAR MESSENGER
SOFTWARE.
6.2 Specific Disclaimer
Of Liability For Emergency Services: AHWAR MESSENGER DOES NOT PROVIDE CONNECTIONS TO
EMERGENCY SERVICES VIA THE AHWAR MESSENGER SOFTWARE. NEITHER AHWAR MESSENGER NOR
ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE FOR ANY CLAIM, DAMAGE,
OR LOSS, (AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION),
ARISING FROM OR RELATING TO YOUR INABILITY TO USE THE AHWAR MESSENGER SOFTWARE
TO CONTACT EMERGENCY SERVICES, AND YOUR FAILURE TO MAKE ADDITIONAL ARRANGEMENTS
TO ACCESS EMERGENCY SERVICES IN ACCORDANCE WITH PARAGRAPH 3.6
ABOVE.
6.3 Your own Risk:
You acknowledge and
agree that the entire risk arising out of Your use of the Ahwar Messenger
Software remains with You, to the maximum extent permitted by
law.
6.4 No Liability:
The Ahwar Messenger
Software is being provided to You free of charge. ACCORDINGLY, YOU ACKNOWLEDGE
AND AGREE THAT AHWAR MESSENGER, ITS AFFILIATES, ITS LICENSORS AND THE AHWAR
MESSENGER STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR
USE OF THE AHWAR MESSENGER SOFTWARE, AS SET FORTH BELOW. YOUR ONLY RIGHT OR
REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE AHWAR MESSENGER
SOFTWARE IS TO IMMEDIATELY DEINSTALL AND CEASE USE OF SUCH AHWAR MESSENGER
SOFTWARE.
6.5 Limitation of
Liability: IN NO
EVENT SHALL AHWAR MESSENGER, ITS AFFILIATES, ITS LICENSORS OR THE AHWAR
MESSENGER STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY,
FOR:
6.5.1 ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF OR
CORRUPTION TO DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING
OUT OF THE USE OR INABILITY TO USE THE AHWAR MESSENGER SOFTWARE;
AND
6.5.2 ANY LOSS OF INCOME,
BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT) ARISING OUT OF THE USE OR
INABILITY TO USE THE AHWAR MESSENGER SOFTWARE;
6.5.3 ANY LOSS OR DAMAGE WHICH
MAY BE INCURRED BY YOU AS A RESULT OF;
(I) ANY DISRUPTIONS OR DELAYS IN
ANY COMMUNICATION WHEN USING THE AHWAR MESSENGER SOFTWARE;
(II) THE SUSPENSION OR
TERMINATION OF THIS AGREEMENT BY YOU OR BY AHWAR MESSENGER FOR ANY REASON;
AND
(III) THE RELEASE OR THE DECISION
NOT TO RELEASE NEW VERSIONS OF THE AHWAR MESSENGER SOFTWARE TO
YOU.
6.6 THE LIMITATIONS ON AHWAR MESSENGER'S
LIABILITY TO YOU IN PARAGRAPH 6.5 ABOVE SHALL APPLY WHETHER OR NOT AHWAR
MESSENGER, ITS AFFILIATES OR THE AHWAR MESSENGER STAFF HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.
6.7 Jurisdiction's
Limitations: As some
jurisdictions do not allow some of the exclusions or limitations as set forth
above, some of these exclusions or limitations may not apply to You. In such
event the liability will be limited to the maximum extent possible within the
applicable legislation.
7. Additional Terms
7.1 Your Confidential Information and Your Privacy:
Ahwar Messenger is
committed to respecting Your privacy and the confidentiality of Your personal
data. The Privacy Policy at http://www.ahwar.net/privacypolicy sets out how
Ahwar Messenger may use Your personal data, the traffic data and the content
contained in Your communication(s). If You object to Your information being used
in the way set out in the Privacy Policy then please do not use the Ahwar
Messenger Services.
8. Miscellaneous
8.1 Entire Agreement:
The terms and
conditions of the Terms constitute the entire agreement between You and Ahwar
Messenger with respect to the subject matter hereof and will supersede and
replace all prior understandings and agreements, in whatever form, regarding the
subject matter. Nothing in this clause shall exclude or restrict the liability
of either You or Ahwar Messenger arising out of fraud or fraudulent
misrepresentation.
8.2 Partial Invalidity:
If any provision of
the Terms, or any part of a provision, is found by any court or administrative
body of competent jurisdiction to be illegal, invalid or unenforceable, and the
provision (or part-provision) in question is not of a fundamental nature to the
Terms as a whole, the legality, validity or enforceability of the remainder of
the Terms (including the remainder of the term which contains the relevant
provision) shall not be affected.
8.3 Assignment:
You are not allowed
to assign the Terms or any rights hereunder. Ahwar Messenger is allowed at its
sole discretion to assign the Terms or any rights hereunder to any third party,
without giving prior notice.
8.4 Applicable Law and
Competent
Court: The Terms shall be governed by and interpreted in
accordance with the laws of Lebanon and shall be subject to the jurisdiction
of the courts of the district of Beirut, Lebanon.
8.5 Language:
The original English
version of the Terms may have been translated into other languages. In the event
of inconsistency or discrepancy between the English version and any other
language version, the English language version shall
prevail.
YOU EXPRESSLY ACKNOWLEDGE
THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS
AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON
THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE AHWAR MESSENGER SOFTWARE, YOU
EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO AHWAR
MESSENGER THE RIGHTS SET FORTH
HEREIN.
© Ahwar Messenger - Last revised:
June 2008
