1. END USER LICENSE AGREEMENT

THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND DOS. IT PROVIDES A LICENSE TO USE THIS SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE YOU ARE INDICATING YOUR ASSENT TO THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS, DO NOT DOWNLOAD OR INSTALL THE SOFTWARE, DISCONTINUE ITS USE IMMEDIATELY AND DESTROY ALL COPIES IN YOUR POSSESION.

2. DEFINITIONS

a) "DOS" means DabarObjects Solutions Limited registered at No 10, Usman Sarki Crescent,Habibat House, Utako District, Abuja, Nigeria b) "Software" means the executable code of Store Harmony, its libraries,any updates provided by DOS, any user manuals, guides, and printed materials, on-line or electronic documentation. c) "Activation Code" means a serial number found inside your CD pack or sent after your order to enable you use Store Harmony Software. d) "License Key" means a serial number issued to you by DOS after activation to give identity to the Software and your online account. e) "A Store" represents a single database management system at a physical geographical location, where your stock, be it warehouse or outlet(s) is located. f) "Store Harmony" means software and vice versa g) "Spike" or "SMS Spike" means the SMS messaging platform used by Store Harmony in delivering all your SMS related operations and handling all your online related services. h) "Per Store" means Per-Admin/Per-Database/Per-Computer/Per-Location. This basically means you will have to buy another license once any other the stated factors changes i) "Database". A database is an additional software used for DBMS, (Database Management System) by Store Harmony to keep your records so that it can recall it later. j) "Per-Database" means you will have a single installation of a database containing only one Schema for store harmony in a geographical location where you intend to use Store Harmony. k) "Admin User" is You OR an individual authorized by you to use the Software through the assignment of a single user ID, regardless of whether or not the individual is using the Software at any given time. A non-human operated device is counted as a User in addition to all individuals authorized to use the Software, if such device can access the Software. l) "Maintenance Plan" is a time-limited right to technical support and Software updates and upgrades. Technical support only covers issues or questions resulting directly out of the operation of the Software. DOS will not provide you with generic consultation, assistance, hardware repairs and maintenance, networking or advice under any other circumstances.

3. LICENSING AND ACTIVATION OF SOFTWARE

In Summary, we charge per computer installation especially if each computer will manage different sides of your business. This per computer charges will be reduced if all the computers that will be used will be located on a single computer network sharing a single database. Licensing is determined by the following factors: 1. Administrator - the account that controls all other accounts. Per Store refers to only one of such account 2. Computer Machine - the computer be it laptop or desktop or any system with a microprocessor capable of running the standard licensed version of the software. Per Store refers to only one computer machine. 3. Location - a geographical point where a building that contains your stock or your delegated stock is located. Per Store refers to only one location. 4. Database - a Database Management System Software running a database schema used by the Software to hold your stock database. Per store refers to only one database schema. Consult your Database administrator for the meaning of database schema. You agree that in your License Planning, Once any of the above 4 factors increases (or duplicated) for which the software must function in the new duplicate or increase, you must license another copy of the software. License Types The software is offered in either Basic version or Classic version for which both are considered as "FULL" version. A trial license is also available which imposes certain limitations on the software during use. There are 4 types of licensing operation for the software: 1. Trial Activation 2. Full Activation 3. Reconnection Activation or Restore Activation 4. Full Activation + Additional Network Points Extension During purchase of software, you are provided with an activation code which you must provide during the installation of the software to authenticate your copy of the software. Upon the activation of the software, DOS will provide you with a new permanent registration number or ("License key" or "Account Code") for your software which is sent to your email and phone using SMS. You are required to keep both your activation code and your new license key safe and secure. Theft of either of these codes may results in the compromise of your account or license. Loss of activation code will result in a new purchase during an account restoration exercise.   Trial License - DOS makes a trial license activation code available to users who download the software from its website on a trial basis for Trial User Activation. The trial license activation will provide access to manage very limited stock items and limited features and you will have the option of paying for a full license within 30 days in order to use the Software for the full management of your store. Upon your payment for the full user license, you are sent a standard user activation code. Full Activation - DOS provides you with a license activation code which will provide a Full User Activation making the full features of the software available, in the case of BASIC, a more limited feature set. The activation process will provide you with a permanent registration number ("License key") and grants you a limited, non-exclusive, non-transferable license to utilize the software as described. Standard User Plan is broken down into further levels which makes certain privileges available to users in the higher levels. You hereby agree to be bound by the limitations imposed by your chosen plan. You also automatically agree to the associated regular charges related to support and online service renewals. You agree to pay for SMS alerts at the stated rates and you agree that you will not have access to support services without a minimum SMS credit balance. Upgrade License - Upgrade activation is used to convert from a trial account to either a BASIC or a CLASSIC or from a BASIC to a CLASSIC Account Restoration/Reconnection  License- An account restoration license is purchased by customers who have corrupted their initial license either as a result of system crash or data corruption of any kind or who may want to connect with a far away account from home to analyze reports. You agree that for each time your reconnect or restore to be charged at 60% the cost of the original activation. Full Activation + Additional Network Points Extension - DOS provides licenses for users which will allow them to expand the number of point of access within their store to accommodate other users within the same network of computers. Each extension will be cost per each point of access be it be virtual point or physical point. Users who have multiple shops scattered across geographical locations will have to purchase full user license activation per each geographical location.  

4. SUPPORT SERVICES

DOS provides certain support services which are part of the regular renewals of using the software. Support services such as online reports, email reports, delegation of stock, cloud backup services and SMS alerts. A fixed charge is deducted each time to deliver this support services. You agree to be billed as often as they services are delivered to your Software spike credit balance. Failure to have adequate Spike credits balance to cover for the stated services will lead to the failure of such services. NOTE: failure of your support services will not lead to failure of the operation of the software. Only internet related services and software support are cut off. Also your support calls will not be treated.  

5. SYSTEM FAILURE OR SYSTEM UPRGADE

Licence Restoration - An account restoration licensing operation also termed "store harmony welcome back" is a process of restoration of an existing license which may have been lost as a result of a system crash or hardware upgrade or operating system re-installation. In an event of an anticipated system failure, computer upgrade or re-installation of your operating system, you are required to transfer your database online using the tool provided in your settings called Cloud backup. This service attracts certain charges. Failure to do so, if your database is destroyed or deleted during a reformat, we will not be held accountable for any loss as a result.  You may not transfer a license to another system. A new license must be obtained for a new computer and the cost of data migration must be paid.  

6. REFUND POLICY

Where a trial version of the software is made available by DOS, you are advised to check that it is fit for your particular application. NO REFUND WILL BE GIVEN if you purchase the software. You can obtain a limited license edition to test and verify the compliance of the software with your business operations. We offer NO REFUND once the software is purchased.

7. RESELLER DISCLAIMER

DOS works and will work with a number of licensed resellers who provide valid copies of the software license to you at retail rates. DOS is not responsible for any inconsistencies attributed to the reseller. A reseller operates as an independent entity and may provide additional terms which may govern your relationship with them. Any breakdown of relationship or disagreements with resellers is between you and the reseller only. You may freely choose a reseller to provide your copy of the software. CD packs are sealed and you must inspect for broken or tampered seal before accepting the CD from a reseller.

8. SOFTWARE DELIVERABLES

All products of Store Harmony will be delivered electronically via the website or via a Compact Disk (CD). Compact CD versions will attract additional charges which may include shipping rates if it has to be sent to you. The deliverables with the software are: 1. CD Containing Software 2. Users Guide and Quick Start in PDF format 3. License Activation Key Other Charges The Payment made for the software license does not include other costs such as Training, Installation and Hardware Setup. Resellers and other DOS retail partners may freely charge you at their own rates to provide such services if required.

9. LICENSE RESTRICTIONS

a) You shall undertake any necessary steps to protect the License Key against unauthorized use. b) You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. c) You may not sell, rent, lease, sub license, transfer, resell for profit or otherwise distribute the Software or any part thereof. d) You may not modify the Software or create derivative works based upon the Software. e) You may not remove or obscure any copyright and trademark notices relating to the Software. f) Any Damage done by using the software for the purpose for which it is not designed does not hold DabarObjects Solution Liable It is a chargeable offence to reproduce the software license illegally, any store who uses illegal license to operate their store will be subject to penalties within the piracy laws of the Federal Republic of Nigeria.  

10a. STORE HARMONY DATA BACKUP

Store Harmony Provides Database Backup Facility for backing up your database locally and on the internet, this backup operation however requires your consent to be successful,you agree that in a situation of system crash, database corruption due to viral infections or power failure which may lead to the loss of your database, DOS will not be held liable for such loss and you also agree to pay appropriate fees in the recovery of backed up data. Recovery Service is only available for Users who have earlier subscribed to the online backup service. Database cannot be recovered to a date earlier than the date of the last backup. Store harmony by default is made to work with its own internally managed Database

10b. BUSINESS REPORTING

DOS will charge you for your advanced daily reports which is designed to give you a comprehensive summary of your business activities and make them available daily to your email. This charges are incurred via your SMS Spike credit per day as you access the report via a web browser or a mobile device

10c. BUSINESS DATA

In the process of utilizing the software, data is generated which are stored online. This data will be processed to provide Business Intelligence and other forms of convenience services for you. Premium charges may apply.

11. RESTORATION OF BACKUP

You agree that DOS may charge you for any assistance given in the recovery of lost data. DOS retain the rights to charge appropriate fees for such processes. You agree that DOS will not be liable for any loss that you may incur as a result of someone else using your password, license key or account info, either with or without your knowledge.

12. PRIVACY AND NON-DISCLOSURE

DOS Takes some information from you such as your shop registration details, contact, address, emails and stores it against your license information online. This information is used to relate to your request for customer service, technical support, system updates and future relations. DOS does not disclose under any reason, information about you, and your business to anyone. During your database backups, we keep your database on our servers only to make it available to you whenever you need it. DOS will not expose the details about your business to anyone and not even our staff under any circumstance without your express authorization. During support operations, your preffered technical support agent may take possession of your admin passwords, we do not take any responsibility in case of a misuse. We recommend you change your password immediately after a support agent completes their work. Store harmony also keeps certain records online to be able to provide you services on your mobile devices. Data ownership is retained by our clients and we do not sell or reveal your data to any third party without your full written consent.  

13. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS

This Agreement gives you limited rights to use the Software. DOS retains all rights, title and interest in and to the Software and all copies thereof, including copyrights, trade secret, trademarks and other intellectual property rights. All rights not specifically granted in this Agreement, including International Copyrights, are reserved by DOS. The structure, organization and code of the Software are valuable trade secrets and confidential information of DOS.

14. COPYRIGHT INDEMNITY

DOS represents and warrants that the Software shall not infringe or misappropriate any copyrights, trade secret rights, trademarks and other intellectual property rights.   In the event that the Software is found to infringe, DOS will have the option, at its expense, to a) Modify the Software to cause it to become non-infringing; b) Substitute the Software with other Software reasonably suitable to You, or c) If none of the foregoing remedies are commercially feasible, terminate the license for the infringing Software and refund any license fees paid for the Software. d) DOS will have no liability for any claim of infringement based on e) Code contained within the Software which was not created by DOS; f) Use of a superseded or altered release of the Software, except for such alteration(s) or modification(s) which have been made by DOS or under DOS 's direction, if such infringement would have been avoided by the use of a current, unaltered release of the Software that DOS provides to You, or g) The combination, operation, or use of any Software furnished under this Agreement with programs or data not furnished by DOS if such infringement would have been avoided by the use of the Software without such programs or data.

15. LIMITED WARRANTIES

a) The software is provided on an "as is" basis. DOS makes no warranty of any kind, express or implied, including without limitation any implied warranty or merchantability or fitness for a particular purpose. Without limitation, you assume sole responsibility for selecting the software to achieve your intended results and for the installation, use and results obtained from the software. DOS makes no warranty that the software will be error free or free from interruptions or other failures. in particular, the software is not designed for use in hazardous environments requiring fail-safe performance. DOS expressly disclaims any warranty of fitness for high-risk activities. b) DOS warrants that it holds the proper rights allowing it to license the Software and is not currently aware of any actions that may affect its rights to do so. c) DOS cannot guarantee that the Software will work at all times. If you change your operating system, the software may not work anymore. You acknowledge and agree that such changes are fair and reasonable. d) You should make sure that it is legal to use the Software in your country or jurisdiction. DOS only provides a license for you to use the software. It is your responsibility to make sure that you are allowed to use the Software. e) DOSreserve the right at any time to cease the support of the Software and to alter prospectively the prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software.

16. SUPPORT DELIVERY

Except as provided herein, support for the Software is provided via regular updates and it is available online to you free of charge. DOS provides a Help Centre Facility that can be used to report errors, bugs and feature requests which DOS will make available in subsequent updates provided it aligns with the product release plan. If DOS discontinues any version of the Software, DOS reserves the right to limit or cease product support and updates for such discontinued version.

17. LIMITATION OF LIABILITY

DOS's cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the license fee paid to DOS for use of the Software. DOS shall be relieved of any and all obligations for any portions of the software that are revised, changed, modified, or maintained by anyone other than DOS. Customer acknowledges and agrees neither DOS nor any of its members, shareholders, directors, officers, employees or representatives will be liable for any special, indirect, consequential, punitive or exemplary damages, or damages (including but not limited to damages for loss of profits or savings, loss of data, or loss of use) in connection with this agreement. If, despite the foregoing limitations, DOS or any of its shareholders, directors, officers, employees or representatives should become liable to Customer or any other person in connection with this agreement for ANY REASON, then the maximum aggregate liability of DOS, its members, shareholders, directors, officers, employees and representatives for all such things and to all such parties will be limited to the lesser of the actual amount of loss or damage suffered by the claimant or the amount paid or payable by Customer to DOS for the software.

18. INTERNET-BASED SERVICES

1. Consent for Internet-Based Services. Certain Software features connect to DOS or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. You may switch off these features or not use them. BY USING THESE FEATURES, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION. DOS does not use the information to identify or contact you. For more information, see PRIVACY AND NON-DISCLOSURE 2. Computer Information. The Software features use Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the device where you installed the software. DOS uses this information to make the Internet-based services available to you.

19. HIGH RISK ACTIVITIES

The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). DOS and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

20. AUDIT RIGHTS

a) DOS audits your use of the Software to verify compliance with this Agreement. The Software is configured to enable periodic HTTP communication with DOS. During this communication, license information is transmitted from the Software to DOS to ensure license compliance. The information transmitted during these periodic updates includes the operating system, license serial number, and other relevant information to verify compliance. If you are unwilling to provide this communication capability, you may opt out of ongoing communication, but you will no longer receive Software updates and search engine configuration updates. If the usage of the Software is considered to be out of compliance with this Agreement, the Software may, without notice, cease to function.   b)During the audit process, DOS has the ability to personally identify the individual that registered with DOS to acquire the Software license ("Registrant") through the identification number assigned to your account at the time of registration, by using the personal information the Registrant provided to DOS during the registration process. Such personal information will only be used by DOS in connection with such audit process.

21. FORCE MAJEURE

Whilst every effort will be made to meet your requirements, DOS shall not be liable for any breach of obligation resulting from causes beyond our reasonable control; including, but not limited to, fires, strikes (of its own or other employees) insurrection or riots, embargoes, wars, compliance with laws or regulations, delays in transportation, inability to obtain supplies, acts of God, acts of civil or military authority (an 'Event of Force Majeure').

22. SEVERABILITY

If any provision hereof shall be held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the legality, validity and enforceability of all other provisions of this Agreement shall not be affected.

23. GOVERNING LAW

This Agreement is governed by and construed in accordance with the laws of the Federal Republic of Nigeria, and shall be deemed to have been entered in the Federal Capital territory Abuja.

24. DISPUTE RESOLUTION

Any controversy or claim arising out of or relating to this Agreement or breach thereof shall be settled by Arbitration in accordance with the rules of the Arbitration Association and judgment upon the award rendered may be entered in a court of law having the jurisdiction thereof.

25. TERMINATION

Your license to use the Software continues until terminated. This license will terminate automatically if you fail to comply with any term hereof. No notice shall be required from DOS to effect such termination. You may also terminate this Agreement at any time by notifying DOS in writing of termination. On termination, you are required toun-install and destroy all copies of the Software in your possesion. Your obligation to pay accrued charges and fees shall survive any termination of this Agreement.

26. ASSIGNMENT

Neither this Agreement nor any rights granted hereunder may be sold, leased, assigned, or otherwise transferred, in whole or in part, by you, whether voluntary or by operation of law. Any such attempted assignment shall be void and of no effect without the prior written consent of DOS.

27. ENTIRE AGREEMENT

This Agreement contains the entire agreement between DOS and you related to the software and supersede all prior agreements and understandings, whether oral or written. It may be amended only by a writing executed by both parties.

28. ADDITIONAL INFORMATION

From time to time, DOS may send communications via email, or other contact method, that are related to your account e.g. maintenance notifications or new releases, the Customer agrees to accept such communications.We reserve the right to make changes to these terms and conditions at any time. Please check back from time to time to ensure that you are aware of these changes.