End User License Agreement for Hi2soft's Business Products
This End User License Agreement for Hi2soft Accounting products (this “Agreement”) is a legal agreement between Hi2soft, Inc (“HS”) and you or the company or other persons you represent (“You” and“Your”). This Agreement governs the installation and use of the accompanying Hi2soft's Products Edition computer software program or add-on product, including but not limited to HS- Smartbook, HS-Messaging Platform; all printed and electronic manuals, guides, bulletins and online help (the “Documentation”); and any modifications, updates, revisions or enhancements received by You from HS or its authorized dealers (collectively, the “Program”). The Program may not be accessed, installed, or used except pursuant to this Agreement.
This Agreement limits and excludes warranties and remedies regarding the Program, exempts HS and other persons from liability or limits their liability, and contains other important provisions that You should read. Your access to or use of the Program may also be subject to Your acceptance of separate agreements with HS and/or third parties.
Registration and activation of Your license for the Program with HS is required. Student and Trial versions must be registered upon Your first use of the Program, otherwise, You have fifteen (15) days after Your first use of the Program to register and activate Your product or the Program will stop functioning until You register and activate Your product.
If You are a new customer, You must return the Program to HS within sixty (60) days after Your payment of the associated license fee, as evidenced by Your receipt, in order to receive a refund of the license fee from HS. If You are an existing customer, You must return the Program to HS within thirty (30) days after Your payment of the associated license fee, as evidenced by Your receipt, in order to receive a refund of the license fee from HS. If You are located in Nigeria, please contact Customer Service at +2347030272509 for more information on the HS return policy. If outside Nigeria email us info@hi2soft.com for more information on the HS return policy.
Subject to Your compliance with this Agreement and Your payment of all applicable fees, HS hereby grants to You a limited, non-transferable, non-sublicensable, non-exclusive license (the “License”) to install and use the Program subject to the provisions of this Agreement, including the restrictions and limitations applicable to each kind of license and version of the Program set forth below. The License is not a sale of the Program or any portion thereof and does not convey any rights of ownership in the Program. HS reserves all rights not expressly granted by this Agreement and You hereby acknowledge that all title and ownership of the Program and all associated intellectual property rights are and shall remain with HS.
There are various types of licenses and versions of the Program, which reflect the number of authorized installations and users and the permitted purposes of use, each of which is subject to different restrictions and limitations as set forth below. The type of license and version of the Program are identified in the Program packaging.
(a) Single-User: If Your License to use the Program is a single-user license, the Program and related data may be: (i) installed on: only one computer or workstation, or personal digital assistant, pager, “smart phone” or other similar electronic device which You own or use and for which the Program is designed to operate (a “Client Device”); and (ii) accessed and used only by the specific individual to whom the Program is licensed. The component parts of the Program may not be installed or used individually or jointly in full or in part on more than one Client Device, unless otherwise set forth herein. Notwithstanding the foregoing, the connection manager component may be installed on one server and accessed by only one Client Device for the sole purpose of hosting the company data file. You may purchase additional installs of your Licenses if you would like to install the Program on an additional Client Device for back-up purposes or home/remote use.
(b) Multi-User: If Your License to use the Program is a multi-user license, the Program and related data may be: (i) installed on: (x) up to the number of Client Devices corresponding to the maximum number of licensed Named Users or other pre-defined limit authorized by the License; or (y) a local area network provided that the number of Client Devices permitted to access the Program is limited to the maximum number of licensed Named Users or other pre-defined limit authorized by the License; or (z) a server and up to the number of Client Devices corresponding to the maximum number of licensed Named Users or other pre-defined limit authorized; and (ii) accessed and used by not more than the maximum number of licensed Named Users authorized by the License. A Named User means the individuals listed in the user maintenance screen of the Program. The number of Named Users may not exceed the number of licenses purchased up to the predefined limit. In the event a Named User is temporarily out of the office (vacation, leave, illness, etc.) or leaves Your company, you may replace this Named User with a new associate of your company without purchasing a license for an additional Named User. You may purchase additional installs of your Licenses if you would like to install the Program on an additional Client Device for back-up purposes or home/remote use. (c) Sysadmin User Account: The sysadmin user account is an administrative account that does not require its own license to use the Program unless You want it installed on a separate Client Device. (d) Hosted Version: If the Program is hosted under the auspices of an authorized HS Hosting Partner, the Program may be installed on server hardware located at premises under the exclusive or primary control of the Hosting Partner or its agent. (e) Subscription: In order to have a Subscription License, the Program must be installed on a Client Device that is connected to the Internet. If your License to use the Program is a subscription license, the Program may be used by the licensed Named User(s) for the subscription period for which HS has received your license fee until the specified term or subscription period ends or Your license or this Agreement is terminated as described herein. If your License to use the Program is a subscription license, You must be using the most current version of the Program and agree that You will upgrade to the most current version as soon as it is available to You. Your subscription period is monthly, with the subscription fees payable each month. You may cancel Your subscription with at least seven (7) days’ notice prior to your renewal date. Please note that any of the following will cause your Program to revert to “read only” mode: (1) failure to pay your subscription fee; (2) termination of this Agreement (3) cancellation or non-renewal of Your subscription; or (4) if you are a HS Accountants Network (“HSAN”) member and fail to pay your SAN fees. Full Program functionality will not be restored until your account is brought current, which will require payment of all past due fees plus a reactivation fee.
(a) Full Retail Version: If the Program is a full retail version, You may use the Program only for Your business or professional use. (b) Not for Resale/Demo Version: The Not for Resale version of the Program (an “NFR Version”) may be licensed and used only by persons that have entered into a valid and subsisting HS Premier Advisor Agreement, Certified Consultant Agreement, or other similar agreement with HS (each, an “Other HS Agreement”). If the Program is an NFR Version, You may use the Program only for demonstration, marketing, promotional, end user support, training, or development purposes, and only to the extent permitted or required under the applicable Other HS Agreement. (c) Student Version: The Student Version of the Program (a “Student Version”) may be licensed only by individuals that meet the applicable student qualifications as set forth on the Program packaging or on the www.hi2soft.com/training Web site. If the Program is a Student Version, You may use the Program only for Your personal educational purposes. (d) Educational Version: The Educational Version of the Program (an “Educational Version”) may be licensed only by educational institutions that meet the applicable qualifications as set forth on the Program packaging or on the www.hi2soft.com/training Web site. If the Program is an Educational Version, You may authorize the licensed number of individual educational users to use the Program only for their personal educational purposes. (e) Trial Version: If the Program is a Trial Version (a “Trial Version”), You may use the Program only for the purpose of evaluating the Program. (f) Accountant Edition Version: If You are a SAN member and if the Program is an Accountant Edition version (“Accountant Edition”), You are prohibited from installing the Program on a Client Device that belongs to a third party. You may use it only pursuant to this Agreement and the terms of Your HS Accountants Network membership. A SAN member may use a License belonging to a third party in order to access that party’s files as required by their business relationship.
Applicable to All Kinds of Licenses and Permissible Uses (a) You may not sell, distribute, lease, rent or sublicense the Program. (b) You may not reverse-engineer, reverse-translate, disassemble, or decompile the Program, or any portion thereof, or otherwise attempt to discover the source code or structural framework of the Program. You may not create any derivative work based upon the Program by altering, modifying or translating the code of the Program. You may not obscure or remove any copyright or trademark notice from the Program. (c) You may not make copies, translations or modifications of or to the Program or any portion thereof, except as permitted in this Agreement. You must reproduce all copyright, trademark, trade secret and other proprietary notices on any such copies of the Program. (d) You may not install more than one (1) Program on any Client Device. Use of software, hardware or services that bypass any Program license restrictions and/or reduce the number of Client Devices users and/or seats, as may be applicable, accessing or utilizing the Program (e.g., “multiplexing,” “pooling,” or third party add on software or hardware) expressly does not reduce the number of licenses required (i.e., the required number of licenses would equal the number of distinct inputs to the multiplexing or pooling software or hardware “front end”). (e) You may not use or permit any other person (including without limitation any parent, affiliate or subsidiary organization) to benefit from the use or functionality of the Program, either directly or via a facility management, timesharing, service bureau or any other arrangement; provided, however, that You may use the Program, as provided herein, to process the data of an affiliate or subsidiary of which You own more than fifty percent (50%); provided, however, You may not exceed the number of datasets specified on the applicable product packaging or accompanying documentation. (f) You may not install the Program on more Client Devices than you have Licenses and only licensed Named Users may access the Program, except as may be permitted by this Agreement. HS may verify compliance of license entitlement and restrict use of the Program if it determines that You have violated the terms of this Agreement. (g) You may not share a license. Each user of the Program must have their own license, including all parttime employees.
4.1. The following limited warranty applies to You only if You are the original licensee of the Program. HS warrants that the Program substantially conforms to the specifications contained in the Documentation that was included in the original packaging for your Program and/or located within the software for a period of sixty (60) days from Your purchase, as evidenced by Your receipt (the “Limited Warranty Period”), provided that: (a) the Program is used on the Client Device for which it was designed; (b) You or a third party acting at Your direction have not operated the Program in a manner outside of the parameters outlined in the Documentation; and (c) all product updates that HS made available to You have been properly installed. HS further warrants that the media on which the Program is furnished will be free from defects in material or workmanship for the Limited Warranty Period. Receipt of revisions or upgrades to the Program shall not restart or otherwise affect the warranty period for previously delivered copies. All warranties stated in this Agreement apply only when the Program is used withinNigeria. HSdoes not represent or warrant that Your use of the Program will be uninterrupted or error free.
4.2. Provided You notify HS in writing during the Limited Warranty Period of a substantial non-conformity between the Documentation and the Program, and if HS is able to replicate and verify that such substantial non-conformity exists, HS shall replace or correct the Program, at HS's sole option, so that the Program substantially conforms to the specifications or replace the defective media, as the case may be, or You may return all copies of the Program and HS shall remit to You the license fee You paid, up to the amount of HS’s suggested list price for the Program. This Section 4.2 states Your SOLE AND EXCLUSIVE REMEDY for any breach of warranty hereunder.
4.3. No employee, agent or representative of HS, nor any reseller (including the person or company who sold You the Program) or any other third party, is authorized to make or give any representation, warranty condition or guarantee with respect to the Program, except for the limited warranty and remedy stated in Sections 4.1 and 4.2 of this Agreement, and You may not rely on any such unauthorized representation, warranty, condition or guarantee.
5.3. You acknowledge that any data entry, conversion or storage is subject to the likelihood of human and machine errors, malicious manipulation, omissions, delays, and losses, including, but not limited to, inadvertent loss of data or damage to media that may result in loss or damage to You and/or Your property, and/or Your detrimental reliance on maliciously manipulated data. HS shall not be liable for any such errors, omissions, delays, or losses. You are responsible for adopting reasonable measures to limit the impact of such problems, including backing up data, adopting procedures to ensure the accuracy of input data, examining and confirming results prior to use, adopting procedures to identify and correct errors and omissions, replacing lost or damaged media, and reconstructing data. If You licensed a Student Version, You acknowledge and understand that: (a) the Student Version may be used for educational purposes only; (b) that the Student Version shall be operable only for fourteen (14) months; and (c) that data or other information used with, processed by and/or stored in conjunction with the Student Version may be converted if You upgrade tofull retail product upon termination of this Agreement. If You licensed a Trial Version, You acknowledge and understand that: (x) the Trial Version may be used for evaluation purposes only; (y) the Trial Version shall be operable only for thirty (30) days; and (z) upon expiration of the Trial Period, any data or other information used with, processed by and/or stored in conjunction with the Trial Version may be converted if You upgrade to the full retail product.
5.4. Any HS Advisor or Certified Consultant or any reseller, installer or consultant is not affiliated with HS in any capacity other than as a reseller, installer or consultant of HS’s products and has no authority to bind HS or modify any license or warranty. HS makes no representations, warranty, endorsement or guarantee with respect to the skills or qualifications of any HSBusiness Advisor or Certified Consultant or any reseller, installer or consultant and You are encouraged to independently investigate their skills and qualifications.
The Program includes links to other Web sites on the Internet that are owned and operated by third parties not under the control of HS. HS provides the links for Your convenience only and does not provide a warranty of any type regarding the actions of such third parties or the security of information sent to such third parties while You are using their Web sites. Under no circumstances shall HS, or its subsidiaries or affiliates, be responsible or liable in any way for the availability of services or products offered, or the content located on or through, any such third party’s Web site.
You shall abide by all domestic and foreign federal, state, provincial and local laws, ordinances, rules and regulations applicable to the transactions contemplated hereunder. You shall comply with all applicable export control laws, restrictions, and regulations in effect from time to time in the jurisdiction in which You are resident or in which the Program is used, including without limitation and to the extent applicableNigeria Export Administration regulations, the International Traffic in Arms regulations and any regulations or licenses administered by the Department of the Treasury's Office of Foreign Assets Control. You represent and warrant that You are not located in, under the control of, or a national or resident of, any restricted country or of any designated entity or person.
8.1. HS disclaims any responsibility to provide any customer support except as may be agreed under a separate agreement to render support services or in conjunction with a HS promotional offering or a bundled product offered by HS. Upon registration of the Program You will receive free customer support basis on the lience you subscribe to, provided that the Program is registered within fifteen (15) days of Your payment of the license fee, as evidenced by Your receipt. All other customer support requires purchase of a support option, as outlined in any special offers that HS may from time to time send You, or may be found on the Hi2soft Web site at www.hi2soft.com. HS does not provide free customer support for the Trial Version or Student Version.
8.2. HS Business Care. HS Business Care plans include varying levels of access to customer support and all updates and upgrades released during the term of your HS Business Care subscription period. Customer Support Analysts reserve the right to limit calls to one hour or one incident. Certain HS Business Care plans may include, in addition to the support outlined above, payroll services. All HS Business Care plans are for a term of one (1) month and automatically renew at theend of your activation date (your “Renewal Date”). You will be notified when your Renewal Date is approaching and then on your Renewal Date, the credit card or bank account information that HS has on file for You will be billed in the amount of the then-current renewal fee. You may cancel the automatic renewal of your HS Business Care plan with at least seven (7) days’ notice prior to your Renewal Date. Should You decide to cancel your plan, You will continue to receive maintenance updates to the Program as long as the Program is supported by HS but will not be able to access support or any payroll features or receive any upgrades to the Program without the payment of additional fees.
8.3. You must have a valid license for a supported version of the Program in order to be eligible to receive customer support.
9.1. Software has a limited useful life for various reasons including changes in technology. You are free to decide and responsible for deciding when to upgrade the Program. HS reserves the right to terminate customer support and all other services applicable to the Program in the event that the Program has become inoperable or incompatible with current operating systems, hardware, add-on products, product updates and services or other technologies. To obtain up-to-date information regarding which products, releases and related services are currently supported, contact a customer service representative. If You are not operating a supported release or service, it may be necessary to license an upgrade or replacement product or service in order to continue to receive customer support and/or other updates. Any updates licensed by You are considered part of the Program and subject to this Agreement, except to the extent a separate license agreement is provided in connection with such update. Any replacement products or upgrades will be governed by a separate agreement.
10.1. If You license a Program bundled with a Payroll subscription, Your initial license will include one (1) year of payroll services and access to all payroll features within the Program. At the end of this term You will need to renew your Payroll subscription at the then current rate to continue to access the payroll features within the Program and to receive any future payroll tax updates. You may also subscribe to a HS Business plan, which include access to all payroll features within the Program as well as payroll services for as long as you maintain your subscription. You must be on a supported version of the Program in order to subscribe to the Payroll service or any of the HS Business Care plans.
10.2. Payroll features may only be used by the Named User or the legal entity of the Named User. When processing payroll using the Program, You may only process payroll for up to the number of employees for which You have acquired a license (the “Tier Limit”). The Program will not process payroll for those employees over the Tier Limit that you have acquired. HS may verify compliance of the Tier Limit and restrict use of the Program if it determines that You have violated the terms of this Agreement.
11.1. The Program is protected by United States, Canadian and international copyright laws and other intellectual property laws, and international treaty provisions. HS and its third party licensors, if any, retain all title to and, except as expressly and unambiguously licensed herein, all rights and interest in: (a) the Program, including, but not limited to, all copies, versions, customizations, compilations and derivative works thereof (by whomever produced) and all related Documentation; (b) the HS trademarks, service marks, trade names, icons and logos; and (c) any and all copyright rights, patent rights, trade secret rights and other intellectual property and proprietary rights throughout the world in the foregoing. You acknowledge that Your possession, installation, or use of the Program does not transfer to You any ownership, title, or registrable interest of any kind to the intellectual property in the Program, and that You will not acquire any rights to the Program except as expressly set forth in this Agreement. You agree that all backup, archival, or any other type of copies of the Program will contain the same proprietary notices that appear on and in the Program.
11.2. Should You decide to submit any materials to HS via electronic mail, through or to HS Web site(s), or otherwise, whether as feedback, data, questions, comments, ideas, concepts, techniques, survey responses, suggestions or the like, You agree that such submissions are unrestricted and shall be deemed nonconfidential upon submission. You grant to HS and its assigns a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license, with the right to sublicense, to use, copy, transmit, distribute, create derivative works of, commercialize, display and perform such submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any attribution or compensation to You or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties, and You agree, represent and warrant that all moral rights in the submissions are waived in favor of HS and its successors, assigns and licensees.
This Program has been designed to work optimally in the environment documented within the Documentation. Any defects, inconsistencies or issues arising out of operating outside the parameters set forth therein may not be supported by HS and may require You to pay additional maintenance/upgrade costs to HS to rectify.
If You are a new customer or an upgrading customer who has not previously opted out of participating in our Product Enhancement Program ('PEP') You may automatically be enrolled in PEP when You install this Program. Through PEP HS collects information on Your hardware and how You use our software, including this Program, and its in-product Help and services. This information will help us identify trends and usage patterns to improve the quality of the products and services we offer. HS will not collect any of Your Hi2soft data or any personally identifiable information. Your participation in this program is voluntary - You may opt-out of PEP at any time by going to the Help menu in the Program. If You are an upgrading customer who has previously opted out of participating in PEP, then You will continue to be opted out when You install this Program. You may opt-in at any time by going to the Help menu in the Program.
The Program is not fault-tolerant and is not designed or intended for use in hazardous environments requiring failsafe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of the Program could lead directly to death, personal injury, or severe physical or property damage (collectively, “High Risk Activities”). HS expressly disclaims any express or implied warranty of fitness for High Risk Activities.
The Program may contain technologies that monitor, record and report to HS information regarding the installation and use of the Program, including but not limited to information concerning the Client Device with which the Program is associated; the frequency, type and manner of use to which the Program is put; and the data inputted to or through the Program by You or on Your behalf, such as company data, payroll data, check data, and other transaction-identifying information (collectively, the 'Transaction Data'). HS collects and uses the Transaction Data to support, maintain, and improve the Program, and to enforce HS's rights under this Agreement. To the extent any of the Transaction Data is personal information within the meaning of applicable law, You hereby: (a) consent to HS's collection, use and disclosure of such Transaction Data for these purposes; and (b) represent and warrant that You have obtained the consent of any individual to whom such Transaction Data relates to HS's collection, use and disclosure of such Transaction Data for these purposes, or that the consent of any such individuals is not required to be obtained under applicable law.
The Program may contain technologies that monitor, record and report to HS information regarding the installation and use of the Program, including but not limited to information concerning the Client Device with which the Program is associated; the frequency, type and manner of use to which the Program is put; and the data inputted to or through the Program by You or on Your behalf, such as company data, payroll data, check data, and other transaction-identifying information (collectively, the 'Transaction Data'). HS collects and uses the Transaction Data to support, maintain, and improve the Program, and to enforce HS's rights under this Agreement. To the extent any of the Transaction Data is personal information within the meaning of applicable law, You hereby: (a) consent to HS's collection, use and disclosure of such Transaction Data for these purposes; and (b) represent and warrant that You have obtained the consent of any individual to whom such Transaction Data relates to HS's collection, use and disclosure of such Transaction Data for these purposes, or that the consent of any such individuals is not required to be obtained under applicable law.
17.1. This Agreement shall commence on the date that You or Your representatives first install the Program (the “Initial Installation Date”) and shall continue until the earlier of: (a) the date this Agreement expires or is terminated in accordance with the provisions of this Agreement; or (b) Your acceptance of a superseding license agreement.
17.2. This Agreement and all of HS's obligations hereunder automatically terminate if You fail to comply with any provision of this Agreement. Upon the termination or expiration of this Agreement for any reason whatsoever: (a) the License shall immediately and automatically terminate; and (b) You shall immediately stop using the Program in any way and, within ten (10) days after the effective date of expiration or termination, You shall deliver to HS, or certify that You have destroyed, all copies of the Program.
17.3. If the Program is an Educational Version, this Agreement is effective unless and until You or HS terminates the Agreement in accordance with the provisions of this Agreement or the provisions of Your Other HS Agreements or upon the earlier termination or expiration of Your Other HS Agreements.
17.4. If the Program is a Student Version, this Agreement is effective for a term of fourteen (6) months from the Initial Installation Date, unless sooner terminated by You or HS in accordance with the provisions of this Agreement.
17.5. If the Program is a Trial Version, this Agreement is effective for a term of thirty (15) days from the Initial Installation Date, unless sooner terminated by You or HS in accordance with the provisions of this Agreement.
18.1. As a user of the Program, You assume the responsibility for the selection of the Program as being appropriate for Your purposes. You understand and agree that: (a) You are solely responsible for the content and accuracy of all reports and documents prepared with the Program; (b) using the Program does not relieve You of any professional obligation concerning the preparation and review of such reports and documents; (c) You do not rely upon HS or the Program for any advice or guidance regarding the appropriate tax treatment of items reflected on such reports or documents; (d) You will review any calculations made by using the Program and satisfy Yourself that those calculations are correct; and (e) HS's support service is designed to offer technical support for issues regarding the features and functionality of this Program in the recommended operating environments only. Some third party software products marketed with the Program may be subject solely to terms and conditions of the respective third party software and not to this Agreement.
18.2. To the fullest extent permitted by law and consistent with valid entry into a binding agreement, the controlling language of this Agreement is English and any translation You have received has been provided solely for Your convenience. In the event You have entered into this Agreement by means of the display of a translated version of this Agreement in a language other than English, You may request an English language version of this Agreement by notice to HS. To the fullest extent permitted by law, all correspondence and communication between You and HS under this Agreement must be in English language. This Agreement shall be exclusively governed by and construed under the laws the Province of British Columbia, without regard to its conflicts of law principles, and without regard to Nigeria Convention on Contracts for the International Sale of Goods, if the primary use of the Program is in Canada. The parties hereby submit to the exclusive personal jurisdiction of, and agree that any legal proceeding with respect to or arising under this Agreement shall be brought in the courts of British Columbia.
18.3. In the event that any provision of this Agreement is found invalid or unenforceable pursuant to judicial decree, the remainder of this Agreement shall be valid and enforceable according to its terms.
18.4. HS, the HS logos, Hi2soft, the Hi2soft logo and the HS product and service names are registered trademarks or trademarks of Hi2soft, Inc. or its affiliated entities in the Nigeria and other countries. For an up-to-date list of copyright and trademark statements, refer either to the copyright page of the Program User Guide or the Help About Hi2soft window within the Program. Other product names mentioned may be service marks, trademarks, or registered trademarks of their respective owners and are hereby acknowledged.
18.5. No failure or delay of either party to exercise any rights or remedies under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of the same or other rights or remedies preclude any further or other exercise of the same or other rights or remedies, nor shall any waiver of any rights or remedies with respect to any circumstances be constructed as a waiver thereof with respect to any other circumstances.
18.6. Quebec. With regard to Quebec, the parties declare that they have required that this Agreement and all documents related hereto, either present or future, be drawn up in the English language only. Les parties déclarent par les présentes qu'elles exigent que cette entente et tous les documents y afférents, soit pour le présent ou l'avenir, soient rédigés en langue anglaise seulement.
18.8. This Agreement shall not be modified, except by written agreement signed by the parties hereto. HS shall not be bound by or liable to You for any pre-existing or contemporaneous written or oral representations or warranties, made by anyone, with respect to the Program, including any HSBusiness Advisor or Certified Consultant or distributor or reseller or their respective agents, employees, or representatives.
18.9. This Agreement is not assignable or transferable, in whole or in part, by You without the prior written consent of HS. Any assignment or transfer in violation of the terms of this Section shall be null and void.
18.10. HS shall not be liable for and shall be excused from any failure to deliver or perform or for delay in delivery or performance due to causes beyond its reasonable control, including but not limited to, work stoppages, shortages, civil disturbances, terrorist actions, transportation problems, interruptions or power or communications, failure or suppliers or subcontractors, natural disasters or other acts of God.
18.11. All notices given hereunder shall be in writing and sent by overnight courier or delivered in person: (a) if to HS, to Hi2soft, Inc: Legal Department, 11 Omoruyi str, Ebo Qtr, Benin City, Nigeria; and (b) if to You, to the address You indicated upon Your registration of the Program.
18.12. You authorize HS to send You information about HS products and services, including but not limited to marketing and promotional material, via facsimile, email, telephone, and other reasonable means. If You do not wish to receive information from HS, please contact Customer Service.