End-User License Agreement ("Agreement")
Please read this End-User License Agreement and any associated Terms and Conditions ("Agreement") carefully before clicking the "I Agree" button, downloading or using Wahed Invest application ("Application").
By clicking the "I Agree" button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.
If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not download or use the Application.
Inc.
Wahed Technologies Sdn Bhd. grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
Restrictions
You agree not to, and you will not permit others to license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party. Further you agree not to (i) remove any product identification, copyright, or other notices; or (ii) except as specified herein or in the applicable user documentation provided by Wahed Technologies Sdn Bhd. or with the prior express, written consent of Wahed Technologies Sdn Bhd., modify, incorporate into other software, or create a derivative work of any part of the Application.
Ownership
As between the parties, Wahed Technologies Sdn Bhd. retains all title to and, except as expressly and unambiguously licensed herein, all intellectual property rights and moral rights in and to the Application. The Agreement nor the license constitute a sale of the Application or any portion or copy of it.
Third-Party Services
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services”).You acknowledge and agree that Wahed Technologies Sdn Bhd. shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Wahed Technologies Sdn Bhd. does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
Modifications to Application
Wahed Technologies Sdn Bhd. reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
Term and Termination
This Agreement shall remain in effect for as long as you use the Application or until terminated by Wahed Technologies Sdn Bhd.
Wahed Technologies Sdn Bhd. may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from Wahed Technologies Sdn Bhd., in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your desktop.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop.
Limited Warranty
Wahed Technologies Sdn Bhd. warrants for a period of ninety (90) days from the date of acceptance of the Application that: (i) such Application, as so delivered, shall substantially conform to the specifications for such Application; (ii) the Application shall be and has been developed using good workmanship in accordance with high professional standards; (iii) there is no claim, litigation, or proceeding pending or threatened with respect to the Application or any component thereof; (iv) to our actual knowledge, with no duty to investigate, neither the Application nor the proper exercise of the rights granted under this Agreement shall infringe upon the intellectual property rights, or require any further license, of any other person or entity except third-party software or hardware; and (v) the Application as delivered by Company will not introduce any known viruses into your network. The foregoing warranties shall not apply to the extent that any breach thereof arises out of any modifications to the Software made by Licensee or its employees, agents, or contractors or any third party without the written consent of Company.
Limitation of Liability
EXCEPT AS PROVIDED HEREIN, WAHED TECHNOLOGIES SDN BHD.'S SOLE OBLIGATION OR LIABILITY UNDER THIS AGREEMENT IS THE REPLACEMENT OF DEFECTIVE APPLICATION AND IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY LOST REVENUE, LOST PROFITS, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, ARISING OUT OF THIS LICENSE AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF PURPOSE OF ANY LIMITED REMEDY. ADDITIONALLY, IN NO EVENT SHALL WAHED TECHNOLOGIES SDN BHD. BE RESPONSIBLE FOR LOSS OF DATA OR RECORDS OF LICENSEE, IT BEING UNDERSTOOD THAT YOU SHALL BE RESPONSIBLE FOR ENSURING PROPER AND ADEQUATE BACKUP AND STORAGE OF ITS DATA. THE TERMS OF THIS LIMITATION DO NOT LIMIT OR EXCLUDE ANY LIABILITY TO THE EXTENT NOT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL THIS AGREEMENT BE CONSTRUED TO EXEMPT WAHED TECHNOLOGIES SDN BHD. FROM LIABILITY FOR DAMAGES OR INJURY INTENTIONALLY CAUSED SOLELY BY ITS OWN ACTS OR FOR ITS OWN VIOLATIONS OF LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, COMPANY'S TOTAL AGGREGATE LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNTS RECEIVED BY COMPANY FROM LICENSEE UNDER THIS AGREEMENT.
Indemnification
You agree to indemnify and hold Wahed Technologies Sdn Bhd. and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Amendments to this Agreement
Wahed Technologies Sdn Bhd. reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 15 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Contact Information
If you have any questions about this Agreement, please contact us.
Last updated: 31 January 2019