Hotel Management in the Cloud License Agreement

Essel Technologies Limited.


IMPORTANT: THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) IS A LEGAL AGREEMENT BETWEEN THE PERSON, COMPANY, OR ORGANIZATION THAT HAS LICENSED THIS SOFTWARE ("YOU" OR "CUSTOMER") AND ESSEL TECHNOLOGIES LIMITED (“ESSEL”). BY USING THE SERVICE, CUSTOMER ACCEPTS THE SERVICE AND AGREES TO THE TERMS OF THIS AGREEMENT. READ IT CAREFULLY BEFORE USING THE SERVICE. BY USING THE SERVICE`, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SERVICE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, OR DO NOT HAVE AUTHORITY TO BIND CUSTOMER TO THESE TERMS, THEN DO NOT USE THE SERVICE FOR A FULL REFUND IN ACCORDANCE WITH ITS REFUND POLICIES.
THIS LICENSE SHALL APPLY ONLY TO THE SERVICE SUPPLIED BY ESSEL. HEREWITH REGARDLESS OF WHETHER OTHER SOFTWARE IS REFERRED TO OR DESCRIBED HEREIN.


IMPORTANT NOTE: This software may be used to reproduce materials. It is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy any material, you should contact your legal advisor.

  1. General.

The software (including any content), documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the “Software”) are licensed, not sold, to you by Essel Technologies Limited. (“Essel”) for use only under the terms of this License, and Essel reserves all rights not expressly granted to you. The rights granted herein are limited to Essel’s and its licensors’ intellectual property rights in the Software and do not include any other patents or intellectual property rights. You own the media on which the Software is recorded but Essel and/or Essel’s licensor(s) retain ownership of the Software itself. The terms of this License will govern any software upgrades provided by Essel that replace and/or supplement the original Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Title and intellectual property rights in and to any content displayed by or accessed through the  Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This License does not grant you any rights to use such content.


2. Permitted License Uses and Restrictions.
A. This License allows you to use one copy of the Software on a single website at a time. This License does not allow the Software to exist on more than one website at a time, and you may not make the Software available over a network where it could be used by multiple computers at the same time.
B. Certain elements of the Software, and third party proprietary programs included with the Software, have been or may be made available by Essel on its web site (collectively the “Proprietary Modules”). You cannot modify or replace only these Modules.
C. The Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce.
D. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Software or any part thereof. THE Software IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE Software COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.


3. Transfer.
You cannot rent, lease, lend, redistribute or sublicense the Software. You cannot make a one-time permanent transfer of all of your license rights to the Software (in its original form as provided by Essel) to another party. You may not rent, lease, lend, redistribute, sublicense or transfer any Software that has been modified or replaced under Section 2B above. All modules of the Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications.
NFR (Not for Resale) Copies: Notwithstanding other sections of this License, Software labeled or otherwise provided to you on a promotional basis may only be used for demonstration, testing and evaluation purposes and may not be resold or transferred.


4. Termination.
This License is effective until terminated. Your rights under this License will terminate automatically without notice from Essel if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Software.


5. Limited Warranty on Media.
Essel warrants the media on which the Software is recorded and delivered by Essel to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.


6. Disclaimer of Warranties.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE Software IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Software IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ESSEL  AND ESSEL’s LICENSORS (COLLECTIVELY REFERRED TO AS “ESSEL TECHNOLOGIES LIMITED” FOR THE PURPOSES OF SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ESSEL DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE Software WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE Software WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE Software WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ESSEL SHALL CREATE A WARRANTY. SHOULD THE Software PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.


7. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL ESSEL BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF ESSEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
In no event shall Essel total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of ten thousand shillings (10,000.00 /=). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.


8. Complete Agreement; Governing Language.
This License constitutes the entire agreement between the parties with respect to the use of the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Essel. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.


9. Third Party Software and Service Terms and Conditions.
Portions of the Software utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the “online” electronic documentation for the Software, and your use of such material is governed by their respective terms.


10. This License Agreement is valid without Licensor's signature.
It becomes effective upon the earlier of Licensee's signature or Licensee's use of the Software. By using this software, you agree to the terms of this Software.