End User License Agreement

Last Updated: November 2019

THIS END USER LICENSE AGREEMENT, INCLUDING ANY MODIFICATIONS MADE FROM TIME TO TIME (IN ACCORDANCE WITH SECTION 11 BELOW), CONSTITUTE AN AGREEMENT BETWEEN THE COMPANY AND THE USER THAT GOVERNS THE ACQUISITION AND USE OF OUR SOFTWARE SOLUTIONS.  IF YOU REGISTER FOR A FREE TRIAL FOR OUR SOFTWARE, THE APPLICABLE PROVISIONS OF THIS AGREEMENT WILL ALSO GOVERN THAT FREE TRIAL.

IF ANY PORTION OF THE SOFTWARE REQUIRES YOU TO REGISTER, YOU MUST COMPLETE THE REGISTRATION PROCESS BY PROVIDING THE COMPANY WITH CURRENT, COMPLETE AND ACCURATE INFORMATION AS PROMPTED BY THE APPLICABLE REGISTRATION FORM. THE USER IS ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT.  THE USER MAY NOT USE THE SOLUTIONS IF HE IS OUR DIRECT COMPETITOR, EXCEPT WITH THE COMPANY’s PRIOR WRITTEN CONSENT. IN ADDITION, THE USER MAY NOT ACCESS THE SOLUTIONS FOR PURPOSES OF MONITORING THEIR AVAILABILITY, PERFORMANCE OR FUNCTIONALITY, OR FOR ANY OTHER BENCHMARKING OR COMPETITIVE PURPOSES.

THIS END USER LICENSE AGREEMENT ("AGREEMENT") IS BETWEEN DYNAMIC OBJECTS SARL (THE "COMPANY") AND THE PERSON WHO SUBSCRIBES TO THE SOLUTION PROVIDED WHICH REFERENCES THIS AGREEMENT (THE "USER"). THIS AGREEMENT GIVES THE USER THE RIGHT TO ACCESS AND USE THE COMPANY'S SOLUTION THAT IS SUBSCRIBED FROM THE COMPANY. 

THE COMPANY IS WILLING TO GRANT THE USER THE RIGHT TO ACCESS AND USE THE COMPANY'S SOLUTION (ONLY IF THE USER ACCEPTS ALL OF THE TERMS OF THIS AGREEMENT AND PAYS OR HAS PAID THE COMPANY, THE FULL SUBSCRIPTION PRICE FOR USE OF THE LICENSE TO WHICH THE USER HAS SUBSCRIBED.  THE PRICE FOR THE SOLUTION IS PER MICROSOFT DYNAMICS 365 ORGANISATION.

The parties agree that this End USER License Agreement (“EULA”) govern the USER’s use of the Dynamic Objects Solutions.

1. The USER represents and warrants that he or she is authorized and empowered to enter into this Agreement. The COMPANY represents and warrants that it is authorized and empowered to grant the rights hereinafter set forth.
2. The COMPANY hereby grants the USER a non-exclusive, non-transferable right to use the Solution subject to the use restrictions and limitations set forth in this agreement.
3. The Solution is intended for use solely by the USER for their own internal purposes. This Agreement authorizes use of the Solution on a single Microsoft Dynamics 365 or Microsoft Power Apps Organizational Unit, which shall mean a single Organizational Unit licensed and paid for by the USER. The USER agrees not to copy, modify, sub-license, assign, transfer or resell the Solution, in whole or in part. The USER agrees not to rent, lease, loan, resell, translate, reverse engineer, decompile, disassemble, or make any attempt to discover the source code of the Solution.
4. The USER must subscribe to the service each month. Renewal of monthly subscription will be automatic until The USER communicates in writing the desire to terminate the subscription. Charge is paid at the renewal date and will be paid by credit card only.  COMPANY will process the USER’s credit card for each solution subscribed charging a fixed fee for the solution. If the credit card transaction fails, the solution will expire. This Agreement and license granted herein will terminate at the Solution expiry date unless credit card payment is processed for the service.
5. This Agreement will terminate immediately if the USER breaches any term of this Agreement. Further, in the event of a termination or expiration of any agreement between the COMPANY, the USER's right to access and use the solutions may also terminate or expire without prior notice to the USER. The USER may terminate this Agreement at any time by notifying the COMPANY in writing prior to the renewal date or a USER can terminate by going into the solution and pressing "Unsubscribe". Upon receipt of notice of termination from the USER, the license and the USER's access to the solution shall expire on the date specified.
6. The USER agrees that the COMPANY may collect and use technical information the USER provides solely as a part of support services related to the Solution.
7. The laws of the state of Lebanon shall govern this Agreement. This Agreement is the entire agreement between the COMPANY and the USER concerning the Solution and supersedes any other communications or advertising with respect to the solution and accompanying documentation. If any provision of the Agreement is held invalid, the remainder of the Agreement shall continue in full force and effect. Any legal suit, action or proceeding arising out of, or relating to this Agreement, shall be commenced in a court in Lebanon.
8. The solution is the property of the COMPANY, if any, and subject to applicable patent, copyright, trade secrets, trademarks and other proprietary rights. The solution is licensed, not sold, to the USER for use only under the terms of this Agreement, and the COMPANY reserves all rights not expressly granted to the USER.
9. Modifications to this agreement may be made any time. The modified agreement will be effective immediately upon posting on the COMPANY’s website and the USER agrees to the new posted agreement by continuing the use of the services. We will use reasonable efforts to notify the USER of modifications that are material to the USER’s use of the Solutions, which notice may be provided by email or a notification posted to the USER’s email account. If the USER does not agree with the modified agreement, the only remedy is to (a) discontinue using the services and related software, as well as any free trial (if applicable), and (b) terminate this agreement in accordance with its terms, in which case We shall refund to the USER any prepaid fees.
10. The USER grants to the COMPANY and our respective Affiliates a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the deployed Solutions any suggestion, enhancement request, recommendation, correction or other feedback provided by the USER or USERs relating to the operation of the solution.
11. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE COMPANY'S SOLUTION IS PROVIDED "AS IS" AND THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, FOR THE SOLUTION AND ANY OTHER MATERIAL PROVIDED TO THE USER BY THE COMPANY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THE COMPANY DOES NOT WARRANT THAT THE SOLUTION IS ERROR-FREE, THAT THEIR OPERATION WILL BE UNINTERRUPTED, OR THAT THE SOLUTION WILL MEET ANY PARTICULAR USER REQUIREMENTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY MAKES NO WARRANTY AND PROVIDES NO ASSURANCE THAT THE SOLUTION WILL MEET CERTIFICATION REQUIREMENTS OF ANY REGULATORY AUTHORITY OR OTHER ASSOCIATION LICENSING AGENCY IN ANY COUNTRY.
12. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF DATA, LOST PROFITS, COST OF COVER, OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING FROM THE USE OF THE SOLUTION OR ACCOMPANYING DOCUMENTATION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE USER ACKNOWLEDGES THAT THIS AGREEMENT REFLECTS THIS ALLOCATION OF RISK.