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END USER LICENSE AGREEMENT (EULA)
IMPORTANT: READ THIS ENTIRE AGREEMENT CAREFULLY. THIS IS A LEGAL DOCUMENT UNDER WHICH YOU HAVE CERTAIN LEGAL RIGHTS AND OBLIGATIONS.
1. SCOPE OF LICENSE
This End User License Agreement (“EULA”) is a legal agreement between “You” or “Your” (either as an individual or a company or other organization) (the “Licensee”) and SC Communications Sdn Bhd (“SCcomms”) covering the usage of the software and related services provided by SCcomms. The Licensee is granted a non-exclusive, non-transferable license to use the software and services for the Licensee’s own internal business purposes.
2. ACTS THAT MAKE THIS EULA BINDING
A. BY CLICKING ON THE “I AGREE” BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS EULA AND AGREE TO BE BOUND BY ITS TERMS.
OR
B. BY DOWNLOADING, INSTALLING, COPYING, OR USING SOFTWARE OR SERVICES IN ANY WAY, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA.
3. Ownership
A. SCcomms’ software is licensed to You, not sold. All physical and electronic copies of any SCcomms’ software (including copies made by You as permitted by this EULA) remain the sole property of SCcomms.
B. All rights, title, and interest in and to the software and services, including all intellectual property rights including but not limited to names, trademarks, logos and icons, are and will remain the property of SCcomms. The Licensee acknowledges that the software and services provided by SCcomms are protected by copyright and other intellectual property laws.
4. Restrictions on Use
A. You agree not to: (a) copy or reproduce the software and services; (b) modify, adapt, or create derivative works based on the software and services; (c) rent, lease, loan, sell, distribute, or sublicense the software and services to any third party; (d) use the software and services in any manner that violates applicable laws or regulations in Malaysia and/or any local laws; (e) use the software and services to provide services to third parties; (f) remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the software and services (g) .
B. You acknowledge that it is your responsibility to ensure that you do not infringe any intellectual property rights owned by any third party, or violate any applicable laws or regulations, such as Malaysia and/or local intellectual property laws.
C. If You use the software in any way other than as authorized by this EULA, in any way contrary to the restrictions or responsibilities set forth in this EULA, or after termination of this EULA, You recognize and agree that YOU DO SO AT YOUR OWN RISK AND HEREBY ASSUME ALL LIABILITY AND ASSUME ALL RISK OF DOING SO, AND ALL LIABILITY RESULTING FROM SUCH USE.
5. Confidentiality of the software
You acknowledge and agree that the source code for the computer programs underlying the software is a SCcomms trade secret. You agree that any efforts by You to reverse engineer, decompile, or disassemble the software, which is prohibited by this EULA, or any other efforts to learn the contents of such source code, could result in Your access to or knowledge or disclosure of such trade secrets without SCcomms’ permission, and that such access, knowledge, or disclosure will violate SCcomms’ trade secret rights and cause SCcomms immediate and irreparable injury, entitling SCcomms to obtain a preliminary and/or permanent injunction against You.
6. Term and Termination
A. This EULA is effective until terminated by either party. The Licensee may terminate this EULA at any time by discontinuing use of the software and services and retuning, destroying, erasing, and/or deleting all copies of the software and services.
B. This EULA shall automatically terminate immediately and without notice to You if You fail to comply with any of the terms and conditions of this EULA. In such event, You must cease all use, return, destroy, erase, and/or delete all copies of the software or services, in their entirety. SCcomms may have other legal rights upon such termination, which it reserves and does not waive.
C. Upon termination of this EULA by either You or by SCcomms, You will not be entitled to receive any reimbursement of all or any portion of the purchase price of the software and services.
7. Privacy and Data Protection
For the purpose(s) of providing You with the software and services, SCcomms may necessarily need to collect, use, disclose and / or process Personal Data (Personal Data means any data, whether true or not, that is capable of directly or indirectly identifying an individual to which that data relates, including but not limited to your name, mailing address and email address) relating to You.
You hereby agree and consent to SCcomms’ collection, use, disclosure and / or processing of such Personal Data (referenced as “personally identifiable information” in the Privacy Policy noted below) provided by You for these purpose(s) according to the terms of this EULA, and of SCcomms’ Privacy Policy, as may be applicable to You.
8. Warranty Disclaimer
To the maximum extent permitted by any applicable Malaysian and / or local law, SCcomms disclaims and makes no warranty or representation that the software and services will meet the Licensee’s requirements or that they will be virus or error-free or uninterrupted. The software and services are provided on an “as is” basis without any representations or warranties, and SCcomms disclaims all representations and warranties, express or implied, including without limitation, warranties of merchantability, non-infringement, fitness for a particular purpose, system integration, or data accuracy with regard to the software.
9. Limitation of Liability
A. To the maximum extent permitted by any applicable Malaysian and / or local law, in no event shall SCcomms be liable for any claim of any kind, or for any damages of any kind including, without limitation, direct, indirect, incidental, special, punitive or consequential damages arising out of or in connection with the use or inability to use the software and services, even if SCcomms has been advised of the possibility of such damages.
B. The Licensee agrees to indemnify and hold SCcomms harmless from any and all claims, damages, losses, liabilities, and expenses arising out of or in connection with the Licensee’s use of the software and services.
C. In any event, SCcomms’ entire liability and your exclusive remedy against SCcomms under this EULA or relating to the use of the software and services provided by SCcomms shall not exceed the price the Licensee paid for the software and/or services provided by SCcomms.
D. The entire risk as to the performance and results of using the software and/or services provided by SCcomms is assumed by you.
E. Your creation of any restricted or illegal software or item (“Forbidden Item”) in violation of this EULA may cause severe personal injury or death, and/or expose You to serious consequences, including civil or criminal liability. You acknowledge and agree that SCcomms does not supply any software or services to create any Forbidden Item and does not expose itself to the risk of any loss, expense, liability, and/or potentially adverse judgment in relation to Your creation of any Forbidden Item. Accordingly, SCcomms DISCLAIMS any and all liability for, or resulting from, the creation of any Forbidden Item by You, whether arising under contract, warranty (including breach of the warranty of merchantability or fitness for a particular purpose), or tort (including negligence or strict liability), or any other theory of liability.
10. Export Controls Laws and Regulations
You acknowledge and agree that your obligations to comply with any applicable Malaysian and / or local export controls laws and regulations are independent of and survive the termination or expiration of this EULA.
11. DISPUTE RESOLUTION AND GOVERNING LAW
A. Legal Action: This EULA shall be governed by and construed in accordance with the laws of the jurisdiction in Malaysia. If You acquired the SCcomms’ software or services outside Malaysia, the software or services will be considered acquired in Malaysia and this EULA is governed by the laws of Malaysia, without giving effect to conflicts of laws or choice of law principles, except to the extent that any laws of the country local jurisdiction in which You reside expressly require their application to this EULA. The Licensee agrees that any legal action arising out of or in connection with this EULA shall be brought in the courts of that jurisdiction.
B. Cost of Enforcement: You agree to pay SCcomms’ attorneys’ fees and costs of enforcing this EULA and/or SCcomms’ rights in SCcomms’ software against You.
12. ENTIRE AGREEMENT
This EULA constitutes the entire agreement between You and SCcomms and supersedes all prior or contemporaneous negotiations, discussions, and agreements, whether written or oral representations, warranties, communications or proposals relating to the software and services provided by SCcomms. This EULA may not be modified or amended except only by You clicking agreement to a later version of this EULA, or by an agreement in writing signed or otherwise legally accepted by both You and SCcomms.
13. CONTACTING SCCOMMS
If You have any questions concerning this EULA, or if You desire to contact SC Communications Sdn Bhd for any reason, please email to: business@sccomms.com.my
14. SEVERABILITY
If any provision of this EULA is declared void, invalid, or unenforceable by the court of last resort having proper jurisdiction, such provision shall be deemed severed from this EULA, which shall otherwise remain in full force and effect. However, if in SCcomms’ opinion the severance of such provision would frustrate the purpose of this EULA, then SCcomms may terminate this EULA.
15. WAIVER
The waiver of any particular breach or of any particular act or omission of non-compliance with any requirement of this EULA shall not constitute a waiver of any other breach or act or omission of non-compliance with any requirement of this EULA.