End User License Agreement

This End User License Agreement (this "Agreement") is a binding agreement between you, as an individual or entity ("End User" or "you"), and ALDAR Properties PJSC, its subsidiaries and affiliates (collectively, the “Aldar," “we" or “our"). This Agreement governs your use of this mobile application for Android, iOS, and web (collectively, including all related documentation, the "Application"). The Application is licensed, not sold, to you.

By downloading, installing, or using the application, you (a) confirm that you have read and comprehended this agreement; (b) assert that you are of legal age to enter into a binding agreement; and (c) agree to and accept this agreement, acknowledging that you are legally bound by its terms. If you do not agree to these terms, refrain from downloading, installing, or using the application and promptly delete it from your device.

Subject to the conditions outlined in this Agreement, Aldar provides you with a limited, non-exclusive, and nontransferable license to: (a) download, install, and utilize the Application for your personal, non-commercial use on a single mobile device owned or controlled by you ("Mobile Device") in strict accordance with the Application's documentation; and (b) access, stream, download, and use the Content and Services (as defined in Section 5) available in or accessible through the Application on such Mobile Device, strictly following this Agreement and the Terms and Conditions applicable to such Content and Services, as outlined in Section 5.

The Licensee is prohibited from: (a) duplicating the Application, except as expressly allowed by this license; (b) altering, translating, adapting, or creating derivative works or improvements of the Application, whether or not patentable; (c) attempting to access the source code of the Application or any part thereof through reverse engineering, disassembly, decompilation, decoding, or similar methods; (d) tampering with or obscuring any copyright, trademark, patent, or other intellectual property or proprietary rights notices on the Application, including any copies; (e) engaging in activities such as renting, leasing, lending, selling, sublicensing, assigning, distributing, publishing, transferring, or making the Application or any of its features available to a third party for any purpose, including on a network accessible by more than one device simultaneously; or (f) disabling, removing, circumventing, or implementing any workaround to copy protection, rights management, or security features in or safeguarding the Application.

You acknowledge and consent that the Application is granted to you under license, not sold. No ownership interest or additional rights are acquired by you in the Application under this Agreement, other than the right to use the Application in compliance with the granted license and subject to all terms, conditions, and restrictions outlined in this Agreement. Aldar reserves and will maintain its complete right, title, and interest in the Application, including all copyrights, trademarks, and other intellectual property rights associated with it, unless expressly granted to you in this Agreement.

Upon downloading, installing, or using the Application, you acknowledge that Aldar may employ automated methods (including, for instance, cookies and web beacons) to gather details about your Mobile Device and your utilization of the Application. Additionally, you may need to furnish specific information about yourself as a prerequisite for downloading, installing, or using the Application or particular features/functions thereof. The Application might offer opportunities for you to share personal information with others. All data collected through or associated with this Application is governed by our Privacy Policy. By engaging in the download, installation, use, and provision of information through this Application, you express your consent to all actions undertaken by us concerning your information, in accordance with the Privacy Policy.

The Application may grant you access to Aldar's website at www.darnarewards.com (the "Website") and the products and services available on it. Additionally, specific features, functionality, and content, including content related to alcohol, accessible within the Application may be hosted on the Website, collectively referred to as "Content and Services." Your utilization of these Content and Services is subject to the Terms and Conditions and Privacy Policy of the Application, both of which are integrated into this agreement by reference. By accessing and utilizing such Content and Services, you acknowledge your acceptance of these Terms and Conditions and Privacy Policy. Any breach of the Terms and Conditions will be considered a violation of this Agreement as well.

Periodically, Aldar may, at its sole discretion, develop and furnish updates for the Application, encompassing enhancements, bug fixes, patches, error corrections, and/or new features (collectively referred to as "Updates," including related documentation). Updates may involve the modification or removal of certain features and functionality. It is understood that Aldar is not obligated to supply Updates or to maintain specific features or functionality. Depending on your Mobile Device settings, when connected to the Internet, the Application will either: (a) automatically download and install available Updates; or (b) notify you to download and install available Updates. It is your responsibility to promptly install all Updates, acknowledging that failure to do so may impede the proper functioning of the Application or its components. Additionally, you agree that all Updates will be considered integral to the Application and subject to the terms and conditions of this Agreement.

The Application may exhibit, incorporate, or offer access to content from third parties (including data, information, applications, and various products, services, and materials) or furnish links to third-party websites or services, possibly through third-party advertisements (collectively known as "Third-Party Materials"). You recognize and agree that Aldar bears no responsibility for Third-Party Materials, encompassing aspects such as accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, or quality. The Aldar disclaims any liability or responsibility to you or any other individual or entity concerning Third-Party Materials. The provision of Third-Party Materials and links to them is solely for your convenience, and you access and utilize them entirely at your own risk, subject to the terms and conditions specified by such third parties.

Term and Termination:
(a)
The Agreement becomes effective when you download the Application and remains in force until either you or Aldar terminates it, as outlined in Section 8.
(b)
You have the option to terminate this Agreement by removing the Application and all its copies from your Mobile Device.
(c)
Aldar holds the right to terminate this Agreement without prior notice if it discontinues support for the Application, a decision solely within Aldar's discretion. Additionally, this Agreement will instantly and automatically terminate without notice if you violate any of its terms and conditions.
(d)
Upon termination, all the rights granted to you under this Agreement will cease. You are required to discontinue all use of the Application, delete all copies of the Application from your Mobile Device, and erase any associated account information. (e) Termination will not limit any of the Aldar's rights or remedies at law or in equity.
(e)
Termination will not restrict any legal or equitable rights or remedies available to Aldar.
The Application is provided to the Licensee "as is" and with all faults and defects, without any kind of warranty. To the maximum extent permitted under applicable law, Aldar, on its behalf and on behalf of its affiliates, licensors, and service providers, explicitly disclaims all warranties. These include express, implied, statutory, or any other form of warranty regarding the Application. The disclaimed warranties encompass but are not limited to merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing, course of performance, usage, or trade practice.

Without limiting the foregoing, Aldar does not provide any warranty or undertaking, nor does it make any representation, that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free. Additionally, there is no assurance that any errors or defects can or will be corrected.

It is important to note that some jurisdictions may not allow the exclusion of implied warranties or limitations on statutory rights, so some or all of the above exclusions and limitations may not apply to you.

To the fullest extent permissible under applicable law, Aldar, its affiliates, licensors, and service providers will not be liable for any issues arising from or related to your use of or inability to use the Application or the Content and Services, including but not limited to:

(a)
Personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, business interruption, computer failure or malfunction, or any other consequential, incidental, indirect, exemplary, special, or punitive damages.

(b)
Direct damages in amounts that, in the aggregate, exceed the total amount actually paid by you for the Application.

The aforementioned limitations are applicable whether such damages arise from breach of contract, tort (including negligence), or otherwise, and regardless of whether such damages were foreseeable or Aldar was advised of the possibility of such damages. It is important to note that in some jurisdictions, certain limitations of liability may not be allowed, so some or all of the above limitations may not apply to you.

You agree to indemnify, defend, and hold Aldar and its officers, directors, employees, agents, affiliates, successors, and assigns harmless from any losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses, including reasonable attorneys' fees. This indemnification is related to your use or misuse of the Application or any breach of this Agreement. Additionally, you acknowledge that Aldar assumes no responsibility for the content you submit or make available through this Application.

The Application may be subject to specific export control laws. You are prohibited from directly or indirectly exporting, re-exporting, or releasing the Application to any jurisdiction or country where such actions are prohibited by law, rule, or regulation. Compliance with all applicable laws, regulations, and rules, and the fulfillment of necessary undertakings (including obtaining any required export license or other governmental approval) before exporting, re-exporting, releasing, or making the Application available is your responsibility.

In the event that any provision of this Agreement is deemed illegal or unenforceable under applicable law, the remaining portion of the provision will be adjusted to achieve, as closely as possible, the effect of the original term. All other provisions of this Agreement will continue in full force and effect.

This Agreement shall be governed by the laws of the United Arab Emirates and any dispute may be referred to the courts of Abu Dhabi, United Arab Emirates.

Any cause of action or claim arising from or related to this Agreement or the Application must be initiated within one (1) year after the cause of action accrues. Otherwise, the respective cause of action or claim is permanently barred.

This Agreement, along with our Terms and Conditions and Privacy Policy, constitutes the entire agreement between you and Aldar regarding the Application, superseding all prior or contemporaneous understandings and agreements, whether written or oral, concerning the Application.

The failure to exercise or any delay in exercising any right or power by either party under this Agreement shall not operate as a waiver. Moreover, any single or partial exercise of a right or power hereunder does not preclude further exercise of that or any other right hereunder. In case of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall prevail.

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