Mobile EULA – AKEL BETY

Mobile EULA

Mobile EULA

The Akel Bety application (the “application”) and all included information, documents, images, videos, music, sounds, interactive features, texts, data, feeds, lectures, notes, and any other materials used or otherwise utilized in the application, in all formats and mediums (collectively, the “content”) are provided by the Akel Bety Company and/or its licensors and suppliers.

By installing and using this application, you hereby agree to be bound by the terms and conditions set forth in this end user license agreement (the “eula”), including the terms of service and honor code , and the Akel Bety privacy policy (hereinafter collectively referred to as the “agreements”). it is important that you take the time to read them carefully.

If you do not agree to the terms and conditions set out in the agreements, you shall not be permitted to use and utilize the application, in any manner whatsoever, and you are advised to uninstall the same from your mobile device.

As used in the agreements, “you” or “your” refers to the person or entity who downloads and uses the application and content. Additionally, Akel Bety and you, are referred to collectively as the ‘_parties_’ and individually as a ‘_party_’.

Non-compliance with the agreements, and/or uninstallation of the application from your mobile device, will result in immediate termination of your right to use the application and its contents.

You may not use the application if and may not accept the terms and conditions of the agreements if you are not of legal age to form a binding contract with Akel Bety or if you are a person who is prohibited from using and utilizing the application under the country in which you are resident or from which you have downloaded, accessed and/or used the application.

The agreements apply to all users of the application, including any contributors to the content.

Certain versions of the application require registration and course enrollment as described in this eula. By using the application and utilizing and viewing the content, you hereby declare to Akel Bety that you are eligible to undertake any such course and that you are properly registered to participate in the relevant Akel Bety course(s), per the requirements set forth in section b below.

A. APPLICATION AND CONTENT

your use of the application and content shall constitute your understanding of, and agreement to, the agreements (along with ratification of any previous consent made by you in relation thereto).

Ownership of the application & content. the application and content are the copyrighted work of akel bety and/or its licensors and suppliers. You hereby agree and confirm that the application and content contain proprietary and copyright protected material and that the design and structure of the application as well as the compilation of the content each contain valuable trade secrets, copyrighted material and other intellectual property rights exclusively owned by Akel bety and its licensors. You acknowledge and agree that, as between you and Akel bety, Akel Bety is and shall remain the sole and exclusive owner of all rights, titles, and interests in relation to the application and/or its content, including any patents, trademarks, rights in design, copyrights, trade secrets, and any other intellectual and industrial property rights related thereto. You acknowledge and agree not to take any action inconsistent with such ownership. If you create any derivative works in violation of the agreements, or any part thereof, based, in whole or in part, on the application and/or the content, you shall and hereby do unequivocally and automatically assign all rights, titles, and interest in and to such derivative works free and clear of any liens, claims, or encumbrances to Akel Bety.

Grant of license. Akel Bety hereby grants to you a personal, limited, non-exclusive, non-transferable, revocable license to (i) install, access and use the application, including any updates thereto, in object code form on a single mobile device; and (ii) access and use the content, including any updates and enhancements thereto, only on your mobile device, and subject to the terms and conditions found in the agreement (the ” license”). Except as otherwise expressly provided, Akel Bety grants no other express or implied rights to you in regard to the application or the content.

Restrictions on use of application & content.

(a) the license granted to you may not be sublicensed, commercially distributed, or shared with any third party without the prior written consent of Akel Bety. Except as otherwise granted hereunder, you shall not:

Copy, distribute, reproduce, rent, lend, loan, or sublicense any portion of the application and/or content;
Translate, adapt, modify, alter, or combine the application or content, or any part thereof, with other applications or software, materials, or prepare derivative works based in whole or in part, on the application and/or content;
Use the application or content in a computer-based services business;
Following the initial download, transmit the application over a network, by telephone, or electronically using any means;
Reverse engineer, decompile, disassemble, or otherwise reduce the application or any of its subcomponents to a human-perceivable form; and/or
Use or otherwise utilize the application, or any part thereof, for any commercial purposes , including any sales, advertisements, marketing activities, sponsorships and/or any other commercial promotions without Akel Bety’s express written consent to same.
Subject to the foregoing, content may be viewed in offline sync mode, as well as within the application; however, you may not share or use content except as necessary for participation in the related course for which your are registered. All content will be deleted upon uninstallation of the application to the extent the same has been downloaded to your device.

(b) to the extent you contribute content via the application, the following shall be prohibited:

content that defames, harasses and/or threatens others;

content that discusses illegal activities with the intent to commit them;

content that infringes any third party’s intellectual property, including, but not limited to, copyrights and trademarks;

profane, pornographic, obscene, indecent and/or unlawful content;

content related to partisan political activities;

viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware or any other similar software that may damage the operation of another’s computer or property; and

content that contains intentionally inaccurate information or that is posted with the intent of misleading others.

(c) you agree not to misrepresent or attempt to misrepresent your identity while using the application

Additional application/services :. Akel Bety may, in its sole discretion, develop and deliver or offer updates, supplements, add-on components, product support services, or internet-based service components (collectively ” supplemental components”) for the application from time to time. The terms of the agreements shall apply to supplement components that you may obtain from Akel Bety or an Akel Bety application supplier. For purposes of the balance of the provisions contained in the agreements, the supplemental components shall be deemed included in the term application.

Equitable remedies and enforcement :. you acknowledge and agree that your breach of any of the obligations set forth in sections a(1), a(2), a(3), a(9), b(1) through b(5), and c of this agreement shall cause Akel Bety irreparable injury and shall entitle Akel Bety to equitable relief or remedy. The pursuit or securing of any such equitable relief shall not prohibit or limit Akel Bety from seeking or obtaining any other remedy provided under the agreements or by law. If any or all of the above declarations or agreements are held to be unenforceable because of the scope or duration of such declarations or agreements or the area covered thereby, you and Akel Bety agree that the court making such determination shall have the power to reduce the scope, duration and area of such declaration or agreements to the extent that allows the maximum scope, duration and area permitted by applicable law. The declarations, agreements and remedies provided herein are in addition to, and are not to be construed as a replacement for or limited by, the rights and remedies otherwise available to Akel Bety including, but not limited to, those rights and remedies contained in the applicable laws to the agreements.

Disclaimer of warranty :. you expressly acknowledge and agree that use of the application and content is at your sole risk and that the entire risk as to performance, accuracy and effort is with you. Akel Bety and its licensors, agents, officers, directors, employees, successors, assigns, affiliates, and members provide the application and content as is without warranty of any kind, and Akel Bety on behalf of itself and its licensors and each member hereby expressly disclaims any express or implied warranties of title, merchantability, fitness for a particular purpose, satisfactory quality, and non-infringement. Akel Bety does not warrant against interference with your enjoyment of the application and content, that the functions contained in the application will meet your requirements, that the application is free of viruses or other harmful components, that the operation of the application will be uninterrupted or error-free, that defects in the application will be corrected, or that the functions contained in the application will function with other software or hardware, or within a particular system. Akel Bety does not warrant does not warrant that any information obtained by you as a result of your use of the application will be accurate or reliable. No oral or written information or advice given by Akel Bety, a member, or an Akel Bety authorized representative shall create a warranty. Should the application prove defective, you assume the entire cost of all necessary servicing, repair, or correction.

limitation of liability :. to the maximum extent permitted by applicable law and regardless of whether any remedy fails of its essential purpose, in no event shall Akel Bety or its licensors, agents, officers, directors, employees, successors, assigns, affiliates or members be liable for personal injury, or any incidental, special, indirect, consequential, or punitive damages, whatsoever, including, without limitation, damages for loss of profits, lost time, lost savings, loss of data, damaged data, inaccurate data, failure of telecommunication services, lost confidential or other information, or for business interruption or any other commercial damages or losses arising out of or related to your use or inability to use the application or content, however caused, regardless of the theory of liability (tort, contract or otherwise) and even if Akel Bety has been advised of the possibility of such damages. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Indemnification :. you hereby agree to indemnify, hold harmless, and defend Akel Bety, its licensors, agents, officers, directors, employees, successors, assigns, affiliates, and members, from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorneys fees, asserted by any person, arising out of or in connection with your use of the application or its content.

Termination :. without prejudice to any other rights, _Akel Bety_ may terminate this agreement if you fail to comply with the terms and conditions of the agreement. In such event, you must immediately remove the application from your mobile device including all of its component parts.

Entire agreement :. the agreements constitute the entire agreement between you and Akel Bety in relation to the application and content and supersedes any and all prior and/or contemporaneous oral and/or written understandings between you and Akel Bety relating to the subject matter hereof.

Modification and waiver :. Akel Bety shall have the right to amend the terms and conditions of the agreements at any time without prior notice to you. Any amended terms and conditions of the agreements, or any part thereof, will be available for your access at any time by www.Akelbety.com/en/en/mobile-eula/, and you are advised to review same regularly. If you do not accept any such amended terms and conditions, you must stop using the application, as your continued use thereof will be deemed as acceptance to any and all amended terms of the agreements, or any part thereof. Any waiver by Akel Bety shall be limited to the circumstance or event specifically referenced in the written waiver document and shall not be deemed a waiver of any other term in the agreements or of the same circumstance or event upon any recurrence thereof.

Binding effect :. this agreement shall be binding upon and inure to the benefit of Akel Bety’s respective successors or assigns.

Validity :. if any part of the agreements is determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legal constituted body having the jurisdiction to make such determination, the remainder of the agreements shall remain in full force and effect.

Governing law and jurisdiction :. the terms and conditions set out in the agreements, including your relationship with Akel Bety, shall be governed by the laws of the Arab Republic of Egypt. You and Akel Bety agree to submit to the the exclusive jurisdiction of the International Court of Justice  to resolve any and all matters arising from or in connection with the agreements, individually or collectively. Notwithstanding the aforesaid, you hereby confirm your agreement to Akel Bety’s right to apply for injunctive remedies in your jurisdiction or any other jurisdiction available to it by virtue of your access and/or use of the application.

Third-party beneficiaries :. use of the application and content is for your personal benefit. This agreement does not confer any rights to any other person or entity as a third-party beneficiary or otherwise.

Headings :. the headings of this eula are for the purpose of reference only and shall not in any way limit or affect the meaning or interpretation of any of the terms hereof.

Up dates :. this eula was last updated on November 10, 2020.

b. Terms of service and registration

On October 01, 2020, Akel Bety adopted amended terms of service ( tos ), which apply to use of the Akel Bety web site located at www.AkelBety.com ( site ). Certain provisions contained in the tos as set forth below apply to user registration and participation in Akel Bety service offerings, access to course material, chat rooms, or other electronic services made available to you via this application. Use of the site is governed by the tos and you should review the tos carefully prior to using the site.

User account and authority. In order to use this application, you must provide your name, an email address and a user password in order to create a user account ( user account ). You agree that you will never divulge or share access or access information for your user account with any third party for any reason. In setting up your user account, you may be prompted to enter additional optional information (_e.G._, your address). You represent that all information provided by you is accurate and current. You agree to maintain and update your information to keep it accurate and current. We care about the confidentiality and security of your personal information. Please see our privacy policy for more information about the information about you Akel Bety collects and how Akel Bety uses that information.