Introduction
This Software License Agreement (“Agreement”) is made between Total eBiz Solutions (“Licensor”), organized under the laws of Singapore and you, the licensee (“Licensee”), whether individual or entity. By downloading, installing, or using the software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not download, install, or use the Software.
License Grant
Licensor hereby grants to Licensee a non-exclusive, non-transferable, limited license to use the software (“Software”) in accordance with this Agreement and the documentation provided with the Software. The Software is licensed, not sold, and this license confers no title or ownership and is not a sale of any rights in the Software.
Restrictions
Licensee shall not:
- Modify, adapt, translate, or create derivative works from the Software.
- Merge the Software with other software.
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software.
- Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Software or any features or functionality of the Software, to any third party for any reason.
Intellectual Property Rights
The Software is the intellectual property of and is owned by the Licensor. The structure, organization, and code of the Software are valuable trade secrets and confidential information of Licensor. The Software is licensed, not sold.
Term and Termination
This Agreement shall commence upon the date of installation or first use of the Software by Licensee and shall continue unless terminated earlier as provided herein. Licensor may terminate this Agreement immediately upon notice to Licensee if Licensee fails to comply with any term of this Agreement. Upon termination, Licensee must cease all use of the Software and destroy all copies of the Software.
Warranty Disclaimers
The Software is provided “as is,” with all faults, defects, bugs, and errors. Licensor makes no warranties, conditions, representations, or terms (express or implied whether by statute, common law, custom, usage, or otherwise) as to any matter including without limitation non-infringement of third-party rights, merchantability, integration, satisfactory quality, or fitness for any particular purpose.
Limitation of Liability
In no event will Licensor be liable for any consequential, incidental, indirect, special, punitive, or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of this Agreement or the use of or inability to use the Software, even if Licensor has been advised of the possibility of such damages.
General
This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Singapore, excluding its conflict of law principles.