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Support Service ScopeContact No: +(60) 3 8605 0155 Email: email@example.com Office Hour: 9:30am - 6:30pm (GMT +08)
End User License Agreement
- Application: is a software product that are developed through or by the use of the software.
- Login Credentials: is a combination of username and password are used to access the Application.
- Source Code: shall mean computer Software code or programs in human readable format, such as a printed listing of a program written in a high-level computer language. The term “Source Code” includes, but is not limited to, documents and materials in support of the development of the software, such as flow charts, pseudo code and program notes.
- Customer: the natural or legal person who has concluded an Agreement with LGMS.
- Login Procedure: the procedure prescribed by LGMS that allows the Customer to gain access to the Application.
- Personal Details: any information pertaining to an identified or identifiable natural person.
- Email Address: an address code set up in the Customer's name for exchanging electronic messages over the Internet.
2. General Provisions
- These general terms and conditions shall apply to all legal relations between LGMS and the Customer, regardless of the basis of said relations, except where expressly agreed to the contrary in writing by the parties.
- All offers made by LGMS are free of obligations unless expressly indicated otherwise in writing in the offer.
- An Agreement is concluded as soon as LGMS receives back an agreement or request/authorisation form, which was sent to a prospective customer, signed and completed in full, or if LGMS has made services available in another manner under contract from the prospective customer. After acceptance of the offer by the customer, LGMS is entitled to retract the offer immediately or later. In the event of a retraction, an agreement will not be concluded and LGMS shall be obligated to repay all sums that it has received to the Customer. LGMS can reject a prospective customer for its own reasons.
3. Licence restrictions
- The Application is provided under license on a subscription basis, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. LGMS reserves and shall retain its entire right, title and interest in and to the Application, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement. All rights not specifically granted in this EULA, including Malaysia and International Copyrights, are reserved by LGMS.
- The license shall not:
- copy the Application, except as expressly permitted by this license;
- modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application;
- reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
- remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application, including any copy thereof; or,
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time.
- The Application will be available to you for use upon your receipt of one or more license keys. Upon acceptance of this Agreement, you may obtain one or more license keys by paying the requisite license fees. The license fees paid by you are paid in consideration of the license granted under this Agreement.
- The pricing structure may be changed at any time without notice. Price changes do not affect existing licenses. The new rates will be applicable to the existing licenses when the license is renewed.
- All fees shall be paid to obtain a License to use the Application. Unless otherwise agreed in writing, you shall promptly pay all fees required for your License. LGMS reserves the right to terminate this EULA and your License, upon your failure to pay all fees required. If additional licenses are required for the use of the Application, you agree to pay the additional fees required.
- The fees payable to LGMS must be paid in advance unless agreed otherwise in writing. The Customer is required to pay the amount due via dedicated channel immediately.
- Customer who fail to remit payment within the term indicated in clause 4.1 shall be legally in default and shall owe statutory interest on the invoice sum, with no need of any additional notifications or reminders. Furthermore, all reasonable costs incurred in order to arrive at an out-of-court settlement shall be covered by and at the risk of the Customer. These fees shall be equal to 15% on top of the amount due, with a minimum of USD100.00, unless LGMS demonstrates that more costs were actually incurred.
6. Obligations of the Customer
- The Customer shall act in accordance with that which may be expected of a responsible and careful Internet user.
- The Customer is responsible for keeping the account login credentials (user name and password) confidential and not sharing them with unauthorized users. If you disclose your login credentials to someone, you are responsible for any use, disclosure, additions, deletions and modifications of your data.
- The Customer shall notify LGMS as quickly as possible of any relevant changes to the Customer's details.
- The Customer is responsible for any and all use (including by third parties) of the LGMS services via the Customer's Account.
- The Customer is required to log out every time the Customer wants to end the LGMS services. Any damages or costs incurred as a result of logging out improperly shall be covered by the Customer.
- The Customer shall refrain from interfering with other Customers or Internet users and from causing damage to the System. It is prohibited for the Customer to use any processes or programs whether via the System or otherwise which the Customer knows or should reasonably suspect will interfere with or cause damage to LGMS or other customers or Internet users. Customer is only permitted to use processes or programs if there is a direct connection to the System that is authorised by LGMS.
7. Intellectual Property Rights
- LGMS or its licensers hold all intellectual or industrial property rights (including database rights) to all materials developed by virtue of the Agreement, such as documentation and offers, as well as their preparatory materials. The Customer only receives the rights of use and authorisations granted in these terms and conditions or otherwise expressly granted. Furthermore, the Customer shall refrain from reproducing or making copies of any material.
- For the purposes of the above, the Customer shall provide LGMS with the necessary powers of attorney, information and cooperation to defend itself, if necessary in the Customer's name, against these legal claims.
- This indemnification requirement shall be rendered void if and to the extent that the infringement in question is related to changes to the materials made by the Customer or third parties on the Customer's behalf.
- If it has been established in court as an incontrovertible fact that the materials developed by LGMS itself infringe on any intellectual or industrial property rights belonging to a third party or if there is a reasonable chance that such an infringement exists in the opinion of LGMS, then LGMS shall (at its own discretion): Ensure that the Customer is able to continue using the materials provided, or other functionally equivalent materials, in an unimpeded manner.
- LGMS shall not accept any other additional liability or indemnification requirement due to violation of third-party intellectual or industrial property rights, including liability and indemnification requirements of LGMS for infringements caused by use of the materials in a form that was modified by someone other than LGMS, in connection with hardware or software not supplied or provided by LGMS or in a manner other than that for which the materials provided by LGMS were developed and intended.
- The LGMS and/or its partners herein shall in no event be liable for any loss or damages howsoever arising whether in contract, tort, negligence, strict liability or any other basis, including without limitation, direct or indirect, special, incidental, consequential or punitive damages, or loss profits or savings arising in connection with your access or use or the inability to access or use the Application (or any third party link to or from the LGMS's website), reliance on the information contained in the website, any technical, hardware or software failure of any kind, the interruption, error, omission, delay in operation, computer viruses, or otherwise.
- This exclusion clause shall take effect to the fullest extent permitted by law.
- LGMS shall make every effort to handle complaints regarding LGMS services in an optimal manner and to successfully improve LGMS services. LGMS is under no obligation to provide personal responses to complaints.
- Submission of a complaint leaves the Customer’s other obligations intact.
10. System Administration
- LGMS is entitled, without prior notice, to render the System (temporarily) unavailable for use or to restrict its use to the extent necessary for the purposes of reasonably necessary maintenance or necessary changes or improvements to be implemented in the System by LGMS, without the Customer having any entitlement to claim compensation for damages from LGMS.
- LGMS is entitled to make changes at any time to the dial-in numbers, the Login Procedure, the Account and the Email Addresses, without the Customer having any entitlement to claim compensation for damages from LGMS. In such cases, LGMS shall notify the Customer of the changes as soon as possible.
11. Law and Jurisdiction
- These terms and conditions are governed by and are to be construed in accordance with the laws of Malaysia. By accessing this Application and/or using the services provided herein by the LGMS, you hereby consent to the exclusive jurisdiction of the Malaysian courts in Kuala Lumpur, Malaysia in all disputes arising out of or relating to the use of this Application.
- LGMS makes no representation that the materials, information, functions and/or services provided on this Application are appropriate or available for use in jurisdictions other than Malaysia.