TONSETECH Comprehensive Maintenance Management System (TMMS) End User License Agreement (EULA)

Effective Date: 1st January 2024.

PLEASE READ THIS END USER LICENSE AGREEMENT ("EULA") CAREFULLY BEFORE USING THE TMMS SOFTWARE. BY USING THE TMMS SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT USE THE SOFTWARE.

This End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and TONSETECH ("Company") for the use of TONSETECH Comprehensive Maintenance Management System ("TMMS" or "Software"). This EULA applies to the Software and any associated updates, upgrades, patches, and supplements provided by TONSETECH.

1. License Grant

TONSETECH grants you a perpetual, non-exclusive, non-transferable, non-sublicensable license to use the TMMS Software solely as a service (Software as a Service - SaaS) and for your internal business operations in accordance with the terms of this EULA.

2. Ownership and Intellectual Property Rights

The TMMS Software is licensed, not sold. TONSETECH retains all rights, title, and interest, including all intellectual property rights, in and to the Software, including all copies, modifications, and derivative works thereof. All rights not expressly granted to you in this EULA are reserved by TONSETECH. Ownership of the Software will always remain with TONSETECH.

3. Permitted Use

• Use the TMMS Software only for your internal business operations.
• Access and use the Software in accordance with any documentation provided by TONSETECH.
• Make a reasonable number of copies of the Software for backup and archival purposes, provided that all titles, trademarks, and copyright notices are reproduced on all copies.

4. Prohibited Use

• Reverse engineer, decompile, or disassemble the Software.
• Modify, adapt, or create derivative works based on the Software.
• Rent, lease, lend, sell, redistribute, or sublicense the Software.
• Use the Software for any purpose that is illegal or not expressly permitted by this EULA.

5. Modules and Custom Parts

TONSETECH offers additional modules and custom parts for the TMMS Software, which may include, but are not limited to, specialized functionalities, integrations, and customizations. These modules and custom parts are subject to a one-time payment and the terms of the License Addendum provided with each module or custom part.

License Addendum for Modules and Custom Parts

• Scope of License: The license granted for each module or custom part is perpetual, non-exclusive, non-transferable, and non-sublicensable, solely for use with the TMMS Software.
• Payment: A one-time payment, as specified in the applicable order form or invoice, is required for the use of each module or custom part.
• Use Restrictions: The restrictions outlined in this EULA apply to all modules and custom parts, including but not limited to the prohibitions on reverse engineering, modification, and distribution.

6. Updates and Upgrades

TONSETECH may provide updates, upgrades, patches, and other modifications to the Software. All such updates and modifications will be deemed part of the Software and subject to the terms of this EULA. TONSETECH is not obligated to provide any updates or support for the Software.

7. Termination

This EULA is effective until terminated. Your rights under this EULA will terminate automatically without notice from TONSETECH if you fail to comply with any term(s) of this EULA. Upon termination, you must cease all use of the Software and destroy all copies of the Software in your possession or control. TONSETECH reserves the right to forfeit any legal proceedings initiated by you if you violate any terms of this EULA.

8. Limited Warranty and Disclaimer

TONSETECH warrants that the Software will perform substantially in accordance with the documentation provided by TONSETECH. To the maximum extent permitted by applicable law, TONSETECH provides the Software "AS IS" and disclaims all other warranties, whether express, implied, or statutory, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

9. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall TONSETECH or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever arising out of the use of or inability to use the Software, even if TONSETECH has been advised of the possibility of such damages.

10. Indemnity

You agree to indemnify, defend, and hold harmless TONSETECH, its affiliates, partners, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your use of the Software or your violation of this EULA.

11. Governing Law

This EULA shall be governed by and construed in accordance with the laws of the United Arab Emirates (UAE), without regard to its conflict of law principles.

12. Entire Agreement

This EULA constitutes the entire agreement between you and TONSETECH with respect to the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this EULA will be binding unless in writing and signed by TONSETECH.

Contact Information

If you have any questions regarding this EULA, please contact TONSETECH at:

• Address: B40 , SRTI PARK , SHARJAH UNIVERSITY
• Email: info@tonsetech.com
• Phone: +971 48369560

By using the TMMS Software, you acknowledge that you have read this EULA, understand it, and agree to be bound by its terms and conditions.