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Terms & Condition  

 

Acceptance of Terms

The services that SMMC provides to you are subject to the following Terms and Condition ("TAC"). SMMC reserves the right to update the TAC at anytime without notice to you. The most current version of the TAC can be reviewed by clicking on the bottom of our web pages. By viewing, downloading or otherwise using any materials on our web site you agree to be bound by the terms set forth in the TAC. IF YOU DO NOT AGREE TO THE TAC YOU MAY NOT ACCESS THIS SITE OR USE ANY OF THE SOFTWARE PROVIDED ON OR THROUGH THIS SITE.


Description of Services

SMMC provides you with access to a variety of software available for you to download from this site ("Software"). Your use of the Software is governed by the terms of the Click Wrap Agreement, which accompanies the Software. You may install any Software that is accompanied by a Click Wrap Agreement provided that you first accept the terms of the Click Wrap Agreement. Any Software that is made available to download from this site is the copyrighted work of SMMC and/or its suppliers. Additionally, through its web site, SMMC provides you with access to a variety of resources, including downloads and product information (collectively the "Services"). The Services, including updates, enhancements, new features, and/or new products are subject to this TAC.

Use Limitation

Unless otherwise specified, you may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from transfer, or sell any information, software, products or services derived from the Software and/or Services

Privacy and Protection of Personal Information

See the privacy statement disclosures relating to the collection and use of your information.

Notice Specific to Software Available On This Web Site

The Software is the copywriter work of SMMC and/or its suppliers and is made available for download solely for use by end users according to the Click Wrap Agreement. Any reproduction or redistribution of the Software not in accordance with the Click Wrap Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. As end user will be unable to install any Software unless he or she first agrees to the Click Wrap Agreement terms and conditions.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE CLICK WRAP AGREEMENT THAT ACCOMPANIES THE SOFTWARE. EXCEPT AS WARRANTED IN THE CLICK WRAP AGREEMENT, SMMC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SMMC may make changes to the Software at this site at anytime without notice. SMMC does not warrant the accuracy, usefulness, reliability, timeliness, legality or completeness of any of the information of materials provided on or through this site and does not warrant that the site will be error free, or that defects, errors or omissions will be corrected. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable, representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

SMMC's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

SMMC may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and SMMC makes no commitment to update the materials on the Site with respect to such products and services.


Electronic Software Downloads

Using the SMMC Web site, you can select downloadable software products for purchase at the SMMC Store. At the time of checkout, we will obtain an authorization from the credit card you have provided to the SMMC Store. Once credit card authorization has been received, you will receive instructions in the form of a link to begin downloading your software. If the transmission is interrupted in any way during download, you can use the link in an email acknowledgment, which will be sent to you to begin the downloading process again. The email acknowledgment also provides details of activating the software and provides information about your purchase.

If credit card authorization is not received, you will receive instructions as to how to complete your purchase.
If you need technical assistance regarding electronic software downloads, please call SMMC Technical Support.
Please read the product information for Electronic Software Downloads carefully since software download purchases are non-refundable after the software has been activated.


Limitation of Liability:

IN NO EVENT SHALL SMMC , ITS SUPPLIERS, OR OTHER THIRD PARTIES REFERENCED AT THIS SITE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR CONFIDENTIAL INFORMATION, LOSS OF PRIVACY, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, THE SOFTWARE OR ANY INFORMATION AVAILABLE AT THIS SITE OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL SUPPORT OR OTHER SERVICES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnification

Upon request by SMMC, you agree to defend, indemnify and hold harmless SMMC and its suppliers from all liabilities, claims and expenses, including attorney's fees that arise from your use or misuse of this site. SMMC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with SMMC in asserting any available defenses.

Links to Other Sites:

SMMC may provide links to other web sites merely for your convenience. SMMC DOES NOT CONTROL THESE LINKED SITES AND MAKES NO REPRESENTATION REGARDING THE QUALITY, NATURE OR RELIABILITY OF ANY OTHER WEB SITES. THE INCLUSION OF ANY LINK DOES NOT IMPLY SMMC 'S ENDORSEMENT OF SUCH LINKED WEB SITE. SMMC IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE OR ANY CHANGES OR UPDATES TO SUCH SITE.


No Unlawful or Prohibited Use

You agree not to use the site or any of the Services for or in connection with tampering, hacking, modifying or otherwise corrupting the security or functionality of the Software, interfering or disrupting the SMMC network or other networks connected to the Software, or posting, e-mailing, or otherwise transmitting any data that contains any software viruses, trojan horses and/or other code, files or programs intended to destroy, disrupt or otherwise impair a computer's functionality or the operation of the Software.

You agree not to use the website for spoofing or otherwise impersonating any person or entity, such as another user or any of our personnel, falsely stating or otherwise misrepresenting your identity or using the services for any fraudulent or illegal purpose, or gathering personally identifiable information without prior consent.

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any SMMC server, or the network(s) connected to any SMMC server or to any of the Services, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information though any means not intentionally made available through the Services.


Unsolicited Idea Submission Policy

SMMC does not accept or consider unsolicited ideas, including for new products or technologies. The sole purpose of this policy is to avoid potential misunderstandings or disputes when SMMC's products might seem similar to ideas submitted to SMMC. So, please do not send your unsolicited ideas to SMMC or anyone at SMMC. If, despite our request that you do not send us your ideas and material, you still send them, please understand that SMMC makes no assurances that your ideas and materials will be treated as confidential or proprietary.

Termination

SMMC reserves the right to terminate your access to all or part of this site, with or without notice

General

The TAC shall be governed by and construed in accordance with the laws of Saudi Arabia, excluding its conflicts of law. If any provision of this TAC shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. This TAC contains the entire understanding between you and SMMC with respect to the subject matter contained herein and supersede any prior agreements or discussions relating to the subject matter hereof. There are no promises or undertakings other than those expressly set forth herein.