NKUSI-IT Specialised Services (Pty) Ltd Software License Agreement

These license terms are an agreement between you and NKUSI-IT (or one of its affiliates). They apply to the software named above and any NKUSI-IT services or software updates (except to the extent such services or updates are accompanied by new or additional terms, in which case those different terms apply prospectively and do not alter your or NKUSI IT’s rights relating to pre-updated software or services). IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS.

1. Installation and usage rights

• General. You may install and run one instance of the software linked to each user license that you have purchased. You may interact with the software to which you have access rights via your organization’s subscription and your assigned license.

• NKUSI-IT eRECRUITMENT Subscription. Use of the software requires a subscription and/or assigned license. Your access to the software must comply with the existing terms for the service that apply to you through your or your organization's subscription. You may lose access to the NKUSI-IT eRECRUITMENT service (i) if your or your organization’s subscription expires or is terminated, or (ii) your license to this software is terminated by your organization.

• Third Party Software. The software may include third party applications that are licensed to you under this agreement or under their own terms. License terms, notices, and acknowledgements, if any, for the third-party applications may be accessible online at http://aka.ms/thirdpartynotices or in an accompanying notices file. Even if such applications are governed by other agreements, the disclaimer,
  limitations on, and exclusions of damages below also apply to the extent allowed by applicable law.

• NKUSI-IT Privacy Terms. The software's privacy policy applies to your use of the software. You may access the privacy policy using the links provided within the software, and as applicable, on the app store from which you obtained the software. Some features of the software provide access to, or rely on, online services. The use of those services (but not the software) is governed by the privacy policies that apply to you through your or your organization’s subscription to NKUSI-IT eRECRUITMENT at https://???. Please read them. The services may not be available in all regions.

2. Scope of license

The software is licensed, not sold. NKUSI-IT reserves all other rights. Unless applicable law gives you more rights despite this limitation, you will not (and have no right to):

• Work around any technical limitations in the software that only allow you to use it in certain ways,

• Reverse engineer, decompile or disassemble the software

• Remove, minimize, block, or modify any notices of NKUSI-IT or its suppliers in the software,

• Use the software in any way that is against the law or to create or propagate malware; or

• Share, publish, distribute, or lend the software, provide the software as a stand-alone hosted solution for others to use, or transfer the software or this agreement to any third party.

3. Export restrictions

You must comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users, and end use.

4. Support service

NKUSI-IT is not obligated under this agreement to provide any support services for the software. Any support provided is “as is”, “with all faults”, and without warranty of any kind.

5. Updates

The software may periodically check for updates and download and install them for you. You may obtain updates only from NKUSI-IT or authorized sources. NKUSI-IT may need to update your system to provide you with updates. You agree to receive these automatic updates without any additional notice. Updates may not include or support all existing software features, services, or peripheral devices.

6. Termination

Without prejudice to any other rights, NKUSI-IT may terminate this agreement if you fail to comply with any of its terms or conditions. In such an event, you must destroy all copies of the software and all its component parts.

7. Entire Agreement

This agreement, and any other terms NKUSI-IT may provide for supplements, updates, or third-party applications, is the entire agreement for the software.

8. Applicable law and place to settle disputes

If you acquired the software in South Africa, the laws of South Africa will govern the interpretation of this agreement, claims for its breach, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of laws principles. If you acquired the software in any other country, the South African law would govern the interpretation of this agreement. You and NKUSI-IT consent to exclusive jurisdiction and venue in the Magistrate’s Court in Gauteng Province, South Africa for all disputes heard in court (excluding arbitration). If not, you and NKUSI-IT consent to exclusive jurisdiction and venue in the High Court of Gauteng Province, South Africa for all disputes heard in
court (excluding arbitration).

9. Consumer rights; regional variations

This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state, province, or country. Separate and apart from your relationship with NKUSI IT, you may also have rights with respect to the party from which you acquired the software. This agreement does not change those other rights if the laws of your state, province, or country do not permit it to do so.

10. Disclaimer of warranty

The software is licensed "as is". You bear the risk of using it. NKUSI-IT gives express warranties, guarantees or conditions. To the extended permit under applicable laws, NKUSI-IT excludes all implied warranties, including merchantability, fitness for a particular purpose and non-infringment.

11. Limitation on and exclusion of damages

You cannot recover any damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to:

• Anything related to the software, services, content (including code) on third party Internet sites, or third-party applications; and

• Claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, or other tort; or any other claim; in each case to the extentpermitted by applicable law.

It also applies even if NKUSI-IT knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your state, province, or country may not allow the exclusion or limitation of incidental, consequential, or other damages.