Mobile EULA

The Edraak application (the "application") and all included information, documents, images, videos, music, sounds, interactive features, texts, data, feeds, lectures, notes, and any other materials used or otherwise utilized in the application, in all formats and mediums (collectively, the "content") are provided by the Queen Rania Foundation (hereinafter referred to as "Edraak") and/or its licensors and suppliers.

By installing and using this application, you hereby agree to be bound by the terms and conditions set forth in this end user license agreement (the "eula"), including the terms of service and honor code , and the Edraak privacy policy (hereinafter collectively referred to as the "agreements"). it is important that you take the time to read them carefully.

If you do not agree to the terms and conditions set out in the agreements, you shall not be permitted to use and utilize the application, in any manner whatsoever, and you are advised to uninstall the same from your mobile device.

As used in the agreements, "you" or "your" refers to the person or entity who downloads and uses the application and content. Additionally, Edraak and you, are referred to collectively as the '_parties_' and individually as a '_party_'.

Non-compliance with the agreements, and/or uninstallation of the application from your mobile device, will result in immediate termination of your right to use the application and its contents.

You may not use the application if and may not accept the terms and conditions of the agreements if you are not of legal age to form a binding contract with Edraak or if you are a person who is prohibited from using and utilizing the application under the country in which you are resident or from which you have downloaded, accessed and/or used the application.

The agreements apply to all users of the application, including any contributors to the content.

Certain versions of the application require registration and course enrollment as described in this eula. By using the application and utilizing and viewing the content, you hereby declare to Edraak that you are eligible to undertake any such course and that you are properly registered to participate in the relevant Edraak course(s), per the requirements set forth in section b below.

A. APPLICATION AND CONTENT

your use of the application and content shall constitute your understanding of, and agreement to, the agreements (along with ratification of any previous consent made by you in relation thereto).

  1. Ownership of the application & content. the application and content are the copyrighted work of Edraak and/or its licensors and suppliers. You hereby agree and confirm that the application and content contain proprietary and copyright protected material and that the design and structure of the application as well as the compilation of the content each contain valuable trade secrets, copyrighted material and other intellectual property rights exclusively owned by Edraak and its licensors. You acknowledge and agree that, as between you and Edraak, Edraak is and shall remain the sole and exclusive owner of all rights, titles, and interests in relation to the application and/or its content, including any patents, trademarks, rights in design, copyrights, trade secrets, and any other intellectual and industrial property rights related thereto. You acknowledge and agree not to take any action inconsistent with such ownership. If you create any derivative works in violation of the agreements, or any part thereof, based, in whole or in part, on the application and/or the content, you shall and hereby do unequivocally and automatically assign all rights, titles, and interest in and to such derivative works free and clear of any liens, claims, or encumbrances to Edraak.

  2. Grant of license. Edraak hereby grants to you a personal, limited, non-exclusive, non-transferable, revocable license to (i) install, access and use the application, including any updates thereto, in object code form on a single mobile device; and (ii) access and use the content, including any updates and enhancements thereto, only on your mobile device, and subject to the terms and conditions found in the agreement (the " license"). Except as otherwise expressly provided, Edraak grants no other express or implied rights to you in regard to the application or the content.

  3. Restrictions on use of application & content.

    (a) the license granted to you may not be sublicensed, commercially distributed, or shared with any third party without the prior written consent of Edraak. Except as otherwise granted hereunder, you shall not:

    1. Copy, distribute, reproduce, rent, lend, loan, or sublicense any portion of the application and/or content;
    2. Translate, adapt, modify, alter, or combine the application or content, or any part thereof, with other applications or software, materials, or prepare derivative works based in whole or in part, on the application and/or content;
    3. Use the application or content in a computer-based services business;
    4. Following the initial download, transmit the application over a network, by telephone, or electronically using any means;
    5. Reverse engineer, decompile, disassemble, or otherwise reduce the application or any of its subcomponents to a human-perceivable form; and/or
    6. Use or otherwise utilize the application, or any part thereof, for any commercial purposes , including any sales, advertisements, marketing activities, sponsorships and/or any other commercial promotions without Edraak's express written consent to same.

    Subject to the foregoing, content may be viewed in offline sync mode, as well as within the application; however, you may not share or use content except as necessary for participation in the related course for which your are registered. All content will be deleted upon uninstallation of the application to the extent the same has been downloaded to your device.

(b) to the extent you contribute content via the application, the following shall be prohibited:

  • content that defames, harasses and/or threatens others;

  • content that discusses illegal activities with the intent to commit them;

  • content that infringes any third party's intellectual property, including, but not limited to, copyrights and trademarks;

  • profane, pornographic, obscene, indecent and/or unlawful content;

  • content related to partisan political activities;

  • viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware or any other similar software that may damage the operation of another's computer or property; and

  • content that contains intentionally inaccurate information or that is posted with the intent of misleading others.

(c) you agree not to misrepresent or attempt to misrepresent your identity while using the application

  1. additional application/services. Edraak may, in its sole discretion, develop and deliver or offer updates, supplements, add-on components, product support services, or internet-based service components (collectively " supplemental components") for the application from time to time. The terms of the agreements shall apply to supplement components that you may obtain from Edraak or an Edraak application supplier. For purposes of the balance of the provisions contained in the agreements, the supplemental components shall be deemed included in the term application.

  2. Equitable remedies and enforcement. you acknowledge and agree that your breach of any of the obligations set forth in sections a(1), a(2), a(3), a(9), b(1) through b(5), and c of this agreement shall cause Edraak irreparable injury and shall entitle Edraak to equitable relief or remedy. The pursuit or securing of any such equitable relief shall not prohibit or limit Edraak from seeking or obtaining any other remedy provided under the agreements or by law. If any or all of the above declarations or agreements are held to be unenforceable because of the scope or duration of such declarations or agreements or the area covered thereby, you and Edraak agree that the court making such determination shall have the power to reduce the scope, duration and area of such declaration or agreements to the extent that allows the maximum scope, duration and area permitted by applicable law. The declarations, agreements and remedies provided herein are in addition to, and are not to be construed as a replacement for or limited by, the rights and remedies otherwise available to Edraak including, but not limited to, those rights and remedies contained in the applicable laws to the agreements.

  3. disclaimer of warranty. you expressly acknowledge and agree that use of the application and content is at your sole risk and that the entire risk as to performance, accuracy and effort is with you. Edraak and its licensors, agents, officers, directors, employees, successors, assigns, affiliates, and members provide the application and content as is without warranty of any kind, and Edraak on behalf of itself and its licensors and each member hereby expressly disclaims any express or implied warranties of title, merchantability, fitness for a particular purpose, satisfactory quality, and non-infringement. Edraak does not warrant against interference with your enjoyment of the application and content, that the functions contained in the application will meet your requirements, that the application is free of viruses or other harmful components, that the operation of the application will be uninterrupted or error-free, that defects in the application will be corrected, or that the functions contained in the application will function with other software or hardware, or within a particular system. Edraak does not warrant does not warrant that any information obtained by you as a result of your use of the application will be accurate or reliable. No oral or written information or advice given by Edraak, a member, or an Edraak authorized representative shall create a warranty. Should the application prove defective, you assume the entire cost of all necessary servicing, repair, or correction.

  4. limitation of liability. to the maximum extent permitted by applicable law and regardless of whether any remedy fails of its essential purpose, in no event shall Edraak or its licensors, agents, officers, directors, employees, successors, assigns, affiliates or members be liable for personal injury, or any incidental, special, indirect, consequential, or punitive damages, whatsoever, including, without limitation, damages for loss of profits, lost time, lost savings, loss of data, damaged data, inaccurate data, failure of telecommunication services, lost confidential or other information, or for business interruption or any other commercial damages or losses arising out of or related to your use or inability to use the application or content, however caused, regardless of the theory of liability (tort, contract or otherwise) and even if Edraak has been advised of the possibility of such damages. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

  5. indemnification. you hereby agree to indemnify, hold harmless, and defend Edraak, its licensors, agents, officers, directors, employees, successors, assigns, affiliates, and members, from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorneys fees, asserted by any person, arising out of or in connection with your use of the application or its content.

  6. termination. without prejudice to any other rights, _Edraak_ may terminate this agreement if you fail to comply with the terms and conditions of the agreement. In such event, you must immediately remove the application from your mobile device including all of its component parts.

  7. entire agreement. the agreements constitute the entire agreement between you and Edraak in relation to the application and content and supersedes any and all prior and/or contemporaneous oral and/or written understandings between you and Edraak relating to the subject matter hereof.

  8. modification and waiver. Edraak shall have the right to amend the terms and conditions of the agreements at any time without prior notice to you. Any amended terms and conditions of the agreements, or any part thereof, will be available for your access at any time by www.edraak.org/en/en/mobile-eula/, and you are advised to review same regularly. If you do not accept any such amended terms and conditions, you must stop using the application, as your continued use thereof will be deemed as acceptance to any and all amended terms of the agreements, or any part thereof. Any waiver by Edraak shall be limited to the circumstance or event specifically referenced in the written waiver document and shall not be deemed a waiver of any other term in the agreements or of the same circumstance or event upon any recurrence thereof.

  9. binding effect. this agreement shall be binding upon and inure to the benefit of Edraak's respective successors or assigns.

  10. validity. if any part of the agreements is determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legal constituted body having the jurisdiction to make such determination, the remainder of the agreements shall remain in full force and effect.

  11. governing law and jurisdiction. the terms and conditions set out in the agreements, including your relationship with Edraak, shall be governed by the laws of the hashemite kingdom of jordan. You and Edraak agree to submit to the exclusive jurisdiction of the courts of central amman (palace of justice) to resolve any and all matters arising from or in connection with the agreements, individually or collectively. Notwithstanding the aforesaid, you hereby confirm your agreement to Edraak's right to apply for injunctive remedies in your jurisdiction or any other jurisdiction available to it by virtue of your access and/or use of the application.

  12. Third-party beneficiaries. use of the application and content is for your personal benefit. This agreement does not confer any rights to any other person or entity as a third-party beneficiary or otherwise.

  13. headings. the headings of this eula are for the purpose of reference only and shall not in any way limit or affect the meaning or interpretation of any of the terms hereof.

  14. up dates. this eula was last updated on february 1, 2016.

b. Terms of service and honor code; registration

On october 22, 2014, Edraak adopted amended terms of service ( tos ), which apply to use of the Edraak web site located at www.edraak.Org ( site ). Certain provisions contained in the tos as set forth below apply to user registration and participation in Edraak service offerings, access to course material, chat rooms, or other electronic services made available to you via this application. Use of the site is governed by the tos and you should review the tos carefully prior to using the site.

  1. User account and authority. In order to use this application, you must provide your name, an email address and a user password in order to create a user account ( user account ). You agree that you will never divulge or share access or access information for your user account with any third party for any reason. In setting up your user account, you may be prompted to enter additional optional information (_e.G._, your address). You represent that all information provided by you is accurate and current. You agree to maintain and update your information to keep it accurate and current. We care about the confidentiality and security of your personal information. Please see our privacy policy for more information about the information about you Edraak collects and how Edraak uses that information.

  2. Certificates.

    (a) generally. Edraak and the colleges, universities and other institutions providing courses (collectively, the members ) may offer a certificate of achievement or other acknowledgment (a certificate ) for students who, in their judgment, have satisfactorily demonstrated mastery of the course material. Certificates will be issued by Edraak under the name of the underlying member from where the course originated, _i.E._ harvardx, mitx, etc. The decision whether a certificate will be awarded to a given student will be solely within the discretion of the awarding member. Edraak and/or the members providing courses may choose not to offer a certificate for some courses.

    (b) registration and payment. subject to the foregoing, you may be required to pay a fee to receive an id verified certificate of achievement (a verified certificate ) with respect to certain courses, in which case, the following processes and requirements shall apply:

    • as part of your registration, you will be prompted to submit a photo of yourself, along with one other form of photo identification ( photo id ). Although these items are collected by Edraak in accordance with these tos and the Edraak privacy policy , you should be aware that the actual authentication of your identify is performed by an Edraak third party service provider. Please refer to the privacy policy for additional details on how we handle those items once received by us.

    • in addition, the processing of your payment information is done by an Edraak third party vendor, and you will be re-routed to a secure website to complete the payment transaction. The privacy statement posted at the payment landing page operated by such third party vendor will govern the submission and processing of your payment details. Please familiarize yourself with those terms prior to initiating a transaction.

    • once your payment transaction is completed, you will be re-routed back to an Edraak confirmation page and will receive a confirmation email with your name, order number and the payment amount. Please retain this email for your records as this information will be required if you seek a refund from Edraak, as described below.

    (c) course withdrawal and refunds. for a period of fourteen (14) calendar days from the course start date ( drop period ), you may withdraw or unregister from the course by clicking on the unregister link on the student dashboard and request a refund by emailing info@Edraak.Org. Please include your full name and order number in your email request. Refunds will be credited to the credit card used when you registered and may take up to two (2) billing cycles to process. Edraak has no obligation to issue a refund after the drop period, but if you believe a refund is warranted, please email us at info@Edraak.Org.

  3. No other enrollment. when you take a course through Edraak, you will not be an applicant for admission to, or enrolled in, any degree program of the member as a result of registering for or completing a course provided by such member through Edraak. You will not be entitled to use any of the resources of the member beyond the online courses provided via this application, nor will you be eligible to receive student privileges or benefits provided to students enrolled in degree programs of the member.

  4. Authentication. in order that Edraak can authenticate your identity as required by this agreement, you will be prompted to take a photo of yourself, as well as a photo of an acceptable form of photo id (described below). _please note: some applications do not include this functionality. If you do not authenticate your identity, certain services may not be available to you. _once submitted to Edraak, this information will be subject to the Edraak privacy policy _ _and will be used only for the purpose of verifying your identity. Acceptable forms of photo id\d5s are:

• government or state-issued driver\d5s license

• passport

• national id card

• state or province id card (including cards issued by motor vehicle agencies)

In order to be accepted by Edraak, your photo id must:

• contain your full name exactly (excluding hyphens, accents and spaces)

• contain a relatively current photograph of yourself

• be current and valid; expired documents cannot be accepted

Unfortunately, if you do not posses a photo id meeting the criteria described above, Edraak is unable to provide you with an id verified certificate at this time.

  1. Edraak honor code pledge

(a) collaboration policy. by enrolling in a course on Edraak, you are joining a special worldwide community of learners. The aspiration of Edraak is to provide anyone in the world who has the motivation and ability to engage coursework from the massachusetts institute of technology, harvard university and the other members providing courses the opportunity to attain the best educational experience that internet technology enables. You are part of the community who will help Edraak achieve this goal. Edraak depends upon your motivation to learn the material and to do so with honesty. In order to participate in Edraak, you must agree to the honor code below and any additional terms specific to a class. This honor code, and any additional terms, will be posted on each class website.

(b) Edraak honor code pledge. by enrolling in an Edraak course, you agree that you will:

• complete all mid-terms and final exams with your own work and only your own work. You will not submit the work of any other person.

• maintain only one user account and not let anyone else use your username and/or password.

• not engage in any activity that would dishonestly improve your results, or improve or hurt the results of others.

• not post answers to problems that are being used to assess student performance.

Unless otherwise indicated by the instructor of an Edraak course, learners on Edraak are encouraged to:

• collaborate with others on the lecture videos, exercises, homework and labs.

• discuss with others general concepts and materials in each course.

• present ideas and written work to fellow Edraak learners or others for comment or criticism.

(c) changing the honor code. Please note that Edraak reviews and may make changes to this honor code from time to time. Any changes to this honor code will be effective immediately upon the issuance of an updated agreement.

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