END USER LICENSE AGREEMENT

Last Updated: December 02, 2024

This End User License Agreement ("Agreement") is entered into between Office Harbour ("Licensor"), with its registered address at 42 Majuba Ln, Morningside, Sandton, 2057, South Africa, and You, the End User ("You" or "End-User"), and governs the terms and conditions under which You are granted a license to use the Licensed Application ("Office Harbour"). By downloading or accessing the Licensed Application through the Apple App Store ("App Store") or Google Play Store ("Play Store") and any updates provided (as permitted by this Agreement), You confirm your acceptance of this Agreement and agree to be bound by its terms. The App Store and Play Store are collectively referred to herein as the "Services." The Services are not parties to this Agreement and bear no obligations or liabilities concerning the Licensed Application, including but not limited to warranties, maintenance, or support. Office Harbour is solely responsible for the Licensed Application and its content. This Agreement does not conflict with or override any applicable terms set forth by the Services, including Apple’s Media Services Terms and Conditions and Google Play’s Terms of Service ("Usage Rules"). The Licensor has reviewed and acknowledges the Usage Rules and warrants compliance with them. The Licensed Application, whether obtained through the Services or otherwise, is licensed, not sold, to You under the terms of this Agreement. All rights not expressly granted to You herein are reserved by the Licensor. The Licensed Application is intended for use only on devices compatible with Apple’s operating systems ("iOS" and "Mac OS") or Google’s Android operating system.

TABLE OF CONTENTS

The Application Scope of License Technical Requirements Maintenance and Support Use of Data User-Generated Contributions Contribution License Liability Warranty Product Claims Legal Compliance Contact Information Termination Third-Party Terms of Agreements and Beneficiary Intellectual Property Rights Applicable Law Miscellaneous

1. THE APPLICATION

Office Harbour ("Licensed Application") is a software product developed and customized for iOS and Android devices to facilitate property marketing. The Licensed Application is not designed to comply with industry-specific regulations, such as the Health Insurance Portability and Accountability Act (HIPAA) or Federal Information Security Management Act (FISMA). If your interactions are subject to such laws, You are prohibited from using this Licensed Application. Additionally, You may not use the Licensed Application in any manner that violates the Gramm-Leach-Bliley Act (GLBA).

2. SCOPE OF LICENSE

2.1. Grant of License: You are granted a non-exclusive, non-transferable, non-sublicensable license to install and use the Licensed Application on any device that You own or control, as permitted by the Usage Rules. Family Sharing or volume purchasing features may allow other accounts linked to Yours to access the Licensed Application. 2.2. Updates: This license extends to updates provided by the Licensor, unless a separate license accompanies such updates, in which case the terms of the new license will govern. 2.3. Restrictions: You may not: Share, distribute, or make the Licensed Application available to third parties (except as permitted by the Usage Rules and with the Licensor’s written consent). Sell, rent, lease, or otherwise transfer rights to the Licensed Application. Reverse-engineer, decompile, disassemble, or create derivative works from the Licensed Application. Copy or alter the Licensed Application, except as expressly authorized under this Agreement. 2.4. Backup Copies: You may create backup copies of the Licensed Application only on devices You own or control. You must ensure no unauthorized third parties gain access to these copies. 2.5. Prohibited Use: Violating the above terms, or attempting to do so, may result in legal action and liability for damages. 2.6. Modifications: The Licensor reserves the right to modify this Agreement at any time. 2.7. Compliance with Third-Party Terms: You must comply with all applicable third-party terms and conditions while using the Licensed Application.

3. TECHNICAL REQUIREMENTS

3.1. The Licensor strives to ensure compatibility with updated firmware and hardware but does not guarantee future updates. 3.2. It is Your responsibility to verify that the device on which You intend to use the Licensed Application meets all technical specifications. 3.3. The Licensor may modify technical requirements at its sole discretion.

4. MAINTENANCE AND SUPPORT

4.1. The Licensor is solely responsible for providing maintenance and support for the Licensed Application. Inquiries should be directed to the contact information provided in the App Store or Play Store. 4.2. The Services bear no responsibility for maintaining or supporting the Licensed Application.

5. USE OF DATA

The Licensor may collect and use data, including personal information and technical details about your device, to facilitate updates, improve functionality, and provide services related to the Licensed Application. All data usage is governed by the Licensor’s Privacy Policy, available at: http://officeharbour.com/privacy-policy.

6. USER-GENERATED CONTRIBUTIONS

The Licensed Application may allow You to create or share content ("Contributions"). Contributions must not violate intellectual property rights, contain offensive material, or breach applicable laws or regulations. Contributions may be treated as non-confidential and non-proprietary.

7. CONTRIBUTION LICENSE

By posting Contributions, You grant the Licensor an irrevocable, perpetual, royalty-free, transferable license to use, reproduce, and distribute such Contributions in any medium.

8. LIABILITY

The Licensor’s liability is limited to intent or gross negligence, except in cases involving injury or loss of life. You are responsible for backing up your data, as alterations or manipulations of the Licensed Application may result in loss of access.

9. WARRANTY

The Licensed Application is warranted to be free from malware at the time of download. Any unauthorized modifications, improper handling, or use with incompatible devices voids this warranty.

10. PRODUCT CLAIMS

The Licensor is solely responsible for addressing any claims related to the Licensed Application, including product liability and regulatory compliance.

11. LEGAL COMPLIANCE

You represent and warrant compliance with all applicable laws, including restrictions on use in embargoed countries or by restricted parties.

12. CONTACT INFORMATION

For inquiries: Office Harbour Legal 42 Majuba Ln, Morningside, Sandton, 2057, South Africa Email: legal@officeharbour.com

13. TERMINATION

This Agreement remains in effect until terminated by You or the Licensor. Termination will result in the immediate cessation of all rights granted and the deletion of the Licensed Application from your devices.

14. THIRD-PARTY BENEFICIARIES

Apple and Google are third-party beneficiaries of this Agreement and may enforce its terms against You.

15. INTELLECTUAL PROPERTY RIGHTS

The Licensor is responsible for addressing any claims of intellectual property infringement.

16. APPLICABLE LAW

This Agreement shall be governed by the laws of South Africa, excluding its conflict of laws rules.

17. MISCELLANEOUS

If any provision of this Agreement is found invalid, the remaining provisions shall remain enforceable. Amendments to this Agreement must be made in writing.
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