This SOFTWARE LICENSE AGREEMENT (“Agreement”) is made effective on the date of purchase of the software between PFH Technologies, a registered technology brand (hereinafter referred to as the “Licensor”), and the purchaser of the software/product (hereinafter referred to as the “Licensee”).
PREAMBLE
PFH Technologies is a technology-driven organization engaged in the business of developing and marketing web, mobile, and enterprise software solutions. The Licensor provides proprietary software solutions for businesses across multiple industries.
The Licensee wishes to obtain a license to use the software purchased, and the Licensor agrees to grant such license, subject to the terms and conditions set forth herein.
NOW, THEREFORE, with the intent to be legally bound, the parties agree as follows:
1. DEFINITIONS
“Derivative Works” means works developed by Licensee or its agents based upon, in whole or in part, the Source Code and/or Documentation, including any modification, revision, enhancement, translation, adaptation, or transformation of the Software.
“Documentation” means written, printed, or digitally stored materials relating to the Software and/or Source Code, including technical specifications, usage instructions, and descriptions of operation.
“Improvements” means all modifications, updates, or enhancements made to the Software during the term of this Agreement.
“Source Code” means the computer programming source code of the Software in the form maintained by the Licensor, including executables, libraries, components, and related Documentation.
2. SOFTWARE LICENSE
2.1 Grant of License
Subject to payment of the applicable license fee, the Licensor grants the Licensee a worldwide, non-exclusive, perpetual, royalty-free license to:
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Use and incorporate the Software, in whole or in part, for development of one website or mobile application.
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Install and use the Software on one domain only for the Licensee’s own personal or business use.
This license does not authorize the Licensee to:
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Copy, distribute, resell, sublicense, rent, lease, or transfer the Software.
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Publish or share the Source Code or Documentation on any public platform.
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Migrate the license to another domain.
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Distribute Derivative Works.
Backups may be maintained for internal archival purposes only and must not be publicly accessible.
2.2 Scope and Restrictions
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Licensor shall provide access for downloading one complete copy of the Software.
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The Software is intended solely for Licensee’s internal business use.
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Licensee shall not make the Software available on a public server for distribution.
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If customization is required, Licensee may engage a third-party agency solely for customization purposes, provided that neither Licensee nor such agency may resell or distribute the modified Software.
Unauthorized disclosure of Source Code or Documentation shall constitute a material breach of this Agreement.
3. OWNERSHIP
3.1 Software Ownership
All rights, title, and interest, including intellectual property rights, in and to the Software, Source Code, and related materials shall remain the sole and exclusive property of PFH Technologies.
3.2 Derivative Works
Creation of Derivative Works for redistribution is strictly prohibited. Any Improvements or modifications created based on the Software shall remain the intellectual property of PFH Technologies.
4. CONSIDERATION
Licensee shall pay the applicable license fee as stated on the official website or invoice at the time of purchase. Payment shall be made in full at the time of order placement.
The License Fee is a one-time fee for the rights granted under this Agreement.
5. REPRESENTATIONS AND WARRANTIES
5.1 Mutual Representations
Each party represents that:
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It is legally organized and validly existing.
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It has the authority to enter into this Agreement.
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This Agreement constitutes a valid and binding obligation.
5.2 Licensor Warranty
Licensor warrants that at the time of purchase:
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The Software shall function materially in accordance with its published description.
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The Licensor holds the necessary intellectual property rights to grant this license.
6. TERM AND TERMINATION
This Agreement shall commence on the date of payment and shall continue unless terminated.
The Licensor may terminate this Agreement if the Licensee breaches any provision herein.
The Licensee may terminate this Agreement by uninstalling and ceasing use of the Software.
Upon termination, all rights granted to the Licensee shall immediately cease.
7. INDEMNIFICATION
The Licensee agrees to indemnify and hold harmless PFH Technologies and its officers, directors, employees, and affiliates against any claims arising from:
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Breach of this Agreement
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Unauthorized use or distribution of the Software
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Violation of applicable laws
8. LIMITATION OF LIABILITY
PFH Technologies shall not be liable for any indirect, incidental, consequential, or special damages, including loss of profits, data, goodwill, or business interruption arising from the use or inability to use the Software.
The total liability of PFH Technologies under this Agreement shall not exceed the total license fee paid by the Licensee for the specific Software giving rise to the claim.
9. FORCE MAJEURE
Licensor shall not be liable for delays or failure in performance due to events beyond reasonable control.
10. RELATIONSHIP OF PARTIES
The parties are independent contractors. Nothing in this Agreement shall create a partnership, joint venture, or employment relationship.
11. MODIFICATION
Licensor reserves the right to modify this Agreement at its discretion. Continued use of the Software after such modification shall constitute acceptance of the revised terms.
12. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of United Arab Emirates (UAE).
The parties submit to the exclusive jurisdiction of the courts of Dubai, UAE.
13. ASSIGNMENT
Licensee may not assign or transfer this Agreement without prior written consent of PFH Technologies.
14. SEVERABILITY
If any provision is found unenforceable, the remaining provisions shall remain in full force and effect.
15. INTELLECTUAL PROPERTY PROTECTION
The Software is protected by applicable copyright and intellectual property laws. Unauthorized use, copying, or distribution may result in civil and criminal liability.
A separate license must be purchased for each new installation.
PFH Technologies reserves the right to publish a selected list of its clients for portfolio and marketing purposes.
16. ARBITRATION
Any dispute arising under this Agreement shall be referred to a sole independent arbitrator appointed by PFH Technologies.
The place of arbitration shall be Dubai, UAE.
Proceedings shall be conducted in English.
ELECTRONIC RECORD
This Agreement is an electronic record and does not require physical or digital signatures. By purchasing the Software, the Licensee agrees to all terms herein.