sccc by stc Platform Product terms and conditions

These sccc by stc Website Product Terms and Conditions (the “Product Terms”) describe the general and specific terms and conditions applicable to your purchase and use of the products and services (the “Products”) offered or made available through the website currently located at the URL: https://www.sccc.sa/ (the “sccc by stc Platform”). This document is a legally binding agreement between you as the purchaser or user of the Products and Saudi Cloud Computing Company (“sccc by stc”).

1. application and acceptance of the product terms

1. These Product Terms apply to your purchase and use of the Products on the sccc by stc Platform. These Product Terms also incorporate the terms that are located on the Alibaba Cloud international website at https://www.alibabacloud.com/help/en/legal/latest/product-terms?spm=a2c63.p38356.0.0.3f2341882Bg2wo (the “Product Specific Terms”) and apply to Products sccc by stc offers.
2. By purchasing or using the Products, you agree to accept and be bound by these Product Terms. You may be required to enter into a separate agreement, whether online or offline, with sccc by stc or sccc by stc’s affiliate for i) use of the sccc by stc Platform; or ii) purchase of the Products or any other products or services offered by sccc by stc (“Additional Agreements”). If there is any conflict or inconsistency between these Product Terms and any Additional Agreement, the Additional Agreement shall take precedence over the Product Terms only in relation to the portion of the Products governed by the conflicting Additional Agreements.
3. Please do not purchase or use the Products if you do not agree and accept all of the Product Terms and Additional Agreements (if applicable).
4. You acknowledge and agree that sccc by stc may amend the Product Terms at any time by posting the relevant amended and restated Product Terms on the sccc by stc Platform. By continuing to use the Products after the posting of the amended and restated Product Terms, you agree that the amended Product Terms will apply to you.
5. If you are a customer or end-user of an sccc by stc authorized reseller or distributor, then the provisions hereunder related to pricing, billing, invoicing and payment, and service and maintenance (including but not limited to Sections 3.7, 3.10, 3.11 of the Product Terms) shall not apply to you. Instead, the terms of your existing agreement or purchase order with your reseller or distributor shall govern such areas.
6. If you are an sccc by stc authorized reseller or distributor, then sccc by stc agrees that pursuant to Section 3.11 of the Product Terms, if your end customers should experience a usage issue with sccc by stc Products that they have purchased for a fee, and such usage issue is finally determined to be solely caused by sccc by stc, then sccc by stc will assume responsibility for such end customer usage issue by providing you with the Service Guarantees as provided in the SLAs (as defined in Section 3.12).

2. contracting entity and account

1. Some Products or services of the sccc by stc Platform may be offered or provided by sccc by stc’s affiliates on behalf of sccc by stc.
2. Some products, services, promotions, campaigns, service level agreements, guarantees, and other forms of offerings may only apply to customers in particular locations (including as may be described in the regional pages of the sccc by stc Platform (the “Regional Offerings”)). These Regional Offerings may be offered or provided by entities other than sccc by stc. These Regional Offerings and the terms related thereto may not apply to you or be available through the sccc by stc Platform. Unless otherwise specified, these Regional Offerings are not offered or provided by sccc by stc and sccc by stc is not liable for any matters related to the Regional Offerings. Likewise, certain products, services, promotions, campaigns, service level agreements, guarantees, or other forms of offerings of the sccc by stc Platform may not be available to you if you are eligible for Regional Offerings. You are responsible for reviewing the terms and conditions for each Regional Offering carefully before agreeing to participate, purchase, or use any of the Regional Offerings or sccc by stc Offerings as the terms and conditions for each offering may differ. You agree that you shall be bound by our determination as to whether a particular offering constitutes a Regional Offering or part of the sccc by stc Platform and the relevant terms applicable thereto. If you do not agree to the applicable terms and conditions, you shall cease your participation in, use, or purchase of the relevant offerings.
3. You must register as a member of the sccc by stc Platform in order to purchase and use the Products. The registration and use of your account with the sccc by stc Platform is governed by the terms of your Purchase Order, these Product Terms, the Privacy Policy, and any other Additional Agreements that may apply. You shall ensure that any and all information you provide to sccc by stc through the sccc by stc Platform is true, accurate, correct, complete, and not deceptive, fraudulent or misleading.

3. general product terms

The following terms are applicable to the purchase and use of all Products offered on the sccc by stc Platform:

1. Benefits, features and functions available to you for any of the Products may vary for different countries and regions. No warranty or representation is given that a particular feature or function or the same type and extent of features and functions will be available in all countries and regions or for all users. sccc by stc may in its sole discretion limit, deny or create different level of access to and use of any the Products (or any features comprised therein) with respect to different users.
2. You must comply with the relevant technical documentation applicable to the Products as posted and updated by sccc by stc from time to time at the sccc by stc Platform. You further agree, as a continuing condition for your use of the Product, to abide by all license terms and conditions of all third-party software components, libraries and application program interfaces comprised in any Product as from time to time notified on the sccc by stc Platform.
3. sccc by stc may launch, change, upgrade, impose conditions to, suspend, or stop offering any Product (or any features or functions within the Products), including sign-on procedures and requirements, and the manner of access to any Product (including any URLs used in connection therewith) without prior notice. sccc by stc may also in its discretion, and after reasonable prior notice to you, relocate, suspend or cease operations at any data center. In the event of such relocation, suspension or termination of operations, you may need to change or update configurations of any affected Products, and will be responsible for any failure to change or update your configurations in the time period provided in the notice.
4. sccc by stc reserves the right to monitor your purchase or use of the Products at any time as needed to verify your compliance with the Product Terms, in accordance with our Privacy Policy. You agree that you shall not block or interfere with our monitoring.
5. You agree, upon sccc by stc’s request, to cooperate with sccc by stc to identify and resolve any problems with the Products that sccc by stc reasonably believes to be attributable to you.
6. As a condition of your purchase and use of the Products, you agree that you will comply with all applicable laws and regulations for using the Products (including without limitation, any applicable data protection, import, re-import, export, strategic goods control, and re-export control laws, including any applicable license requirements, and international or country-specific sanctions programs). If sccc by stc has reason to believe that any of your conduct violates the law, infringes or misappropriates the rights of any third party or is otherwise deceptive, fraudulent or misleading, sccc by stc may at its sole discretion notify you of our awareness of such circumstances and may at its sole discretion take any relevant enforcement actions against you as deemed adequate and necessary in light of the circumstances, including but not limited to, requesting you to remove any unlawful content, disabling or suspending your right to use any Products, restricting your access to the sccc by stc Platform, or suspending or terminating your Account. Notwithstanding any of the foregoing provisions, sccc by stc shall have the right to directly remove any content on the sccc by stc Platform that may be unlawful or may disrupt, threaten, or damage the operation and functioning of the sccc by stc Platform or other users of the sccc by stc Platform.
7. Some Products require the processing of personal data of your customers or employees. You agree that it is solely your responsibility to establish a legal basis for the processing of such data under local law, including providing adequate privacy notices and obtaining any required consents to customers or employees. You represent and warrant to sccc by stc that you have a legal basis for processing this data, including obtaining any required notices and consents, under local law. You also represent that you will comply with any data protection laws and regulations, including but not limited to obtaining consents and rules relating to the cross-border transfer of personal data, which may be applicable in connection with your use of these Products. In no event shall sccc by stc be liable for processing personal data on your behalf or at your direction.
8. sccc by stc may from time to time offer special terms or pricing programs for the Products (the “Special Programs”). sccc by stc shall have the right to stop accepting any application for any Special Programs or discontinue the offering of any Special Programs without notifying you. You must agree to any terms and conditions for the Special Programs if you choose to participate in such.
9. sccc by stc shall have the right to apply any upgrades or engage in any service maintenances at any time as deemed necessary. sccc by stc will use commercially reasonable endeavors to notify you in advance of any scheduled maintenance of the sccc by stc Platform or the Products and you shall comply with any maintenance requirements that we notify you about.
10. sccc by stc shall have the right to assign or novate any part of or all of the Terms (including any of our rights, titles, benefits, interests, obligations and duties in the Terms and this Agreement) to any person or entity (including any affiliates of sccc by stc). sccc by stc may by written notice to you (which may be posted on the sccc by stc Platform) require assignment or novation of the Terms or any part thereof, and you hereby irrevocably agree and consent to any assignment or novation, whereupon sccc by stc shall be released and discharged from all of its obligations under these Terms, as well as all claims, actions and demands arising under these Terms up to the time of such assignment or novation. You may not assign, in whole or part, any of the Terms (including this Agreement) to any person or entity.
11. Certain products may have specific payment terms. Please refer to the applicable Purchase Order for specific payment terms for the products that you purchased.
12. The service guarantees and any related performance commitments (the “Service Guarantees”) as provided on the Alibaba Cloud international website at alibabacloud.com/help/en/legal/latest/product-sla (the “SLAs”) only apply to your purchase and use of the Products for a fee, and shall not apply to any free Products or trial Products provided by us. Such Service Guarantees are your sole and exclusive remedy with respect to the applicable Products that you purchase for a fee.
13. The Service Guarantees are solely applicable to Products directly managed and delivered by sccc by stc. Any performance issues, availability issues, or disruptions of Products due to third-party dependencies, such as circuits, connectivity, infrastructure, software, or data center services managed by external providers, are beyond sccc by stc’s control and are not covered under the Service Guarantees. sccc by stc makes no warranties or guarantees about the performance or function of third-party dependencies, and assumes no liability for issues arising from third-party service limitations, disruptions, or performance variations.
14. Third-party Products may experience variations in performance, updates, or compatibility. You are responsible for ensuring that your third-party providers meet the necessary service levels and quality standards required to support the reliable operation of Products. sccc by stc does not guarantee continuous compatibility or performance of third-party Products with the sccc by stc Platform and shall not be responsible for any disruptions resulting from third-party changes, outages, or technical incompatibilities. You are responsible for submitting support requests or technical issues for third-party Products directly to the third-party provider. sccc by stc is not responsible for the support, maintenance, or issue resolution for these products. Any Service Guarantees related to third-party Products will be the responsibility of the respective provider and are not sccc by stc’s obligation.

4. product specific terms

Without limiting the generality of the Product Terms, you further agree and undertake that the purchase and use of the Products is subject to the additional Product Specific Terms. In addition to any Product Specific Terms that govern your use of Microsoft products, you shall also comply with the Microsoft End User License Terms attached as Exhibit A.

5. general provisions

1. These Product Terms, the Product Specific Terms, the SLAs, the Purchase Order, and any other terms or agreements incorporated therein constitute the entire agreement between you and sccc by stc and govern the use of the sccc by stc Platform, superseding any prior written or oral agreements in relation to the same subject matter herein.
2. You and sccc by stc are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Product Terms.
3. If any term herein is adjudicated by a court or tribunal of competent jurisdiction to be void or unenforceable, the validity or enforceability of the remainder of the terms herein shall remain in full force and effect.
4. Unless a right or remedy of you or sccc by stc is expressed to be an exclusive right or remedy, the exercise of it by either party is without prejudice to either party’s other rights and remedies at law and/or in equity.
5. You shall perform all such further acts, deeds, things and documents as may be necessary to give effect to the terms of these Product Terms.
6. Except for sccc by stc and its affiliates, a person who is not a party to these Product Terms has no right to enforce any term of these Product Terms.
7. Under no circumstances shall sccc by stc be held liable for any delay, failure or disruption of the content or services delivered through the sccc by stc Platform resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, computer viruses, cyber-attacks, telecommunications or any other equipment failures, electrical power failures, epidemics, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
8. This Agreement shall be governed by the laws of the Kingdom of Saudi Arabia without regard to its conflict of law provisions. The parties to the Product Terms hereby submit to the exclusive jurisdiction of the courts of Kingdom of Saudi Arabia.

exhibit A

microsoft end user license terms

terms and conditions regarding use of microsoft software

This document governs the use of Microsoft software, which may include associated software, media, printed materials, and “online” or electronic documentation (individually and collectively, “Products”) provided by General Cloud Computing Company for Information Technology (hereinafter referred to as “Customer”). Customer does not own the Products and the use thereof is subject to certain rights and limitations of which Customer must inform you. Your right to use the Products is subject to the terms of your agreement with Customer, and to your understanding of, compliance with, and consent to the following terms and conditions, which Customer does not have authority to vary, alter, or amend.

1. DEFINITIONS.

“Client Software” means software that is installed on a Device that allows the Device to access or utilize the Products.

“Device” means each of a computer, workstation, terminal, handheld PC, pager, telephone, personal digital assistant, “smart phone,” server or any other hardware where software can be installed that would allow End User to interact with the Product.

“End User” means an individual or legal entity that obtains Software Services directly from Customer, or indirectly through a Software Services Reseller.

“Redistribution Software” means the software described in Paragraph 4 (“Use of Redistribution Software”) below.

“Software Services” means services that Customer provides to you that make available, display, run, access, or otherwise interact, directly or indirectly, with the Products. Customer must provide these services from data center(s) through the Internet, a telephone network or a private network, on a rental, subscription or services basis, whether or not Customer receives a fee. Software Services exclude any services involving installation of a Product directly on any End User device to permit an End User to interact with the Product.

2. OWNERSHIP OF PRODUCTS. The Products are licensed to Customer from an affiliate of the Microsoft Corporation (collectively “Microsoft”). Microsoft Products are protected by copyright and other intellectual property rights. Products and other Product elements including but not limited to any images, photographs, animations, video, audio, music, text and “applets” incorporated into the Products are owned by Microsoft or its suppliers. You may not remove, modify or obscure any copyright trademark or other proprietary rights notices that are contained in or on the Products. The Products are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Your possession, access, or use of the Products does not transfer any ownership of the Products or any intellectual property rights to you.

3. USE OF CLIENT SOFTWARE. You may use the Client Software installed on your Devices only in accordance with your agreement with Customer and the terms under this document, and only in connection with the Software Services, provided to you by Customer. The terms of this document permanently and irrevocably supersede the terms of any Microsoft End User License Agreement that may be presented in electronic form during the installation and/or use of the Client Software.

4. USE OF REDISTRIBUTION SOFTWARE. In connection with the Software Services provided to you by Customer, you may have access to certain “sample,” “redistributable” and/or software development software code and tools (individually and collectively “Redistribution Software”). You may use, copy and/or install the Redistribution Software only in accordance with the terms of your agreement with Customer and this document and/or your agreement with Customer.

5. COPIES. You may not make any copies of the Products; provided, however, that you may (a) make one copy of Client Software on your Device as expressly authorized by Customer; and (b) you may make copies of certain Redistribution Software in accordance with Paragraph 4 (Use of Redistribution Software). You must erase or destroy all such Client Software and/or Redistribution Software upon termination or cancellation of your agreement with Customer, upon notice from Customer or upon transfer of your Device to another person or entity, whichever occurs first. You may not copy any printed materials accompanying the Products.

6. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Products, except and only to the extent that applicable law, notwithstanding this limitation, expressly permits such activity.

7. NO RENTAL. You may not rent, lease, lend, pledge, or directly or indirectly transfer or distribute the Products to any third party, and may not permit any third party to have access to and/or use the functionality of the Products except for the sole purpose of accessing the functionality of the Products in the form of Software Services in accordance with the terms of this agreement and any agreement between you and Customer.

8. TERMINATION. Without prejudice to any other rights, Customer may terminate your rights to use the Products if you fail to comply with these terms and conditions. In the event of termination or cancellation of your agreement with Customer or Customer’s agreement with Microsoft under which the Products are licensed, you must stop using and/or accessing the Products, and destroy all copies of the Products and all of their component parts within thirty (30) days of the termination of your agreement with Customer.

9. NO WARRANTIES, LIABILITIES OR REMEDIES BY MICROSOFT. Microsoft disclaims, to the extent permitted by applicable law, all warranties and liability for damages by Microsoft or its suppliers for any damages and remedies whether direct, indirect or consequential, arising from the Software Services. Any warranties and liabilities are provided solely by Customer and not by Microsoft, its affiliates or subsidiaries.

10. PRODUCT SUPPORT. Any support for the Software Services is provided to you by Customer or a third party on Customer’s behalf and is not provided by Microsoft, its suppliers, affiliates or subsidiaries.

11. NOT FAULT TOLERANT. The Products are not fault-tolerant and are not guaranteed to be error free or to operate uninterrupted. You must not use the Products in any application or situation where the Product(s) failure could lead to death or serious bodily injury of any person, or to severe physical or environmental damage (“High Risk Use”).

12. EXPORT RESTRICTIONS. The Products are subject to U.S. export jurisdiction. Customer must comply with all applicable laws including the U.S. Export Administration Regulations, the International Traffic in Arms Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information, see http://www.microsoft.com/exporting/.

13. LIABILITY FOR BREACH. In addition to any liability you may have to Customer, you agree that you will also be legally responsible directly to Microsoft for any breach of these terms and conditions.

14. INFORMATION DISCLOSURE. You must permit Customer to disclose any information requested by Microsoft under the Customer’s Agreement. Microsoft will be an intended third party beneficiary of your agreement with Customer, with the right to enforce provisions of your agreement with Customer and to verify your compliance.