This User Agreement for ARMS ® Web/Back End product(s) (this "Agreement") is a legal agreement between ARMS Software International Sdn. Bhd. ("ARMS") and you or the company or other persons you represent ("You" and "Your"). This Agreement governs the use of the accompanying ARMS ® Web/Back End software program (the "Software") or add-on product or services, including but not limited to ARMS ® Web/Back End; all printed and electronic manuals, guides, bulletins and online help (the "Documentation"); and any modifications, updates, revisions or enhancements received by You from ARMS or its authorized dealers. The Software may not be accessed, installed, or used except pursuant to this Agreement.
BY CHECKING THE ACCEPTANCE BOX OR INSTALLING OR USING ALL OR ANY PORTION OF THE SOFTWARE, YOU ACKNOWLEDGE AND SIGNIFY YOUR ACCEPTANCE AND AGREEMENT, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT, AND IF YOU ARE AN INDIVIDUAL REPRESENTING A COMPANY OR OTHER PERSONS THEN YOU REPRESENT AND WARRANT THAT YOU HAVE LEGAL AUTHORITY TO ACCEPT AND AGREE TO THE AGREEMENT ON BEHALF OF THE COMPANY OR OTHER PERSONS YOU REPRESENT OR ON WHOSE BEHALF YOU ARE INSTALLING OR USING THE PROGRAM. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS, DOWNLOAD, INSTALL OR USE THE SOFTWARE, AND YOU MUST RETURN THE SOFTWARE TO ARMS.
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold.
GRANT OF USE
Subject to Your compliance with this Agreement and Your payment of all applicable fees, ARMS hereby grants to You a limited, non-transferable, non-sublicensable, non-exclusive license (the "License") to use the Software subject to the provisions of this Agreement. The License is not a sale of the Software or any portion thereof and does not convey any rights of ownership in the Software. ARMS reserves all rights not expressly granted by this Agreement and You hereby acknowledge that all title and ownership of the Software and all associated intellectual property rights are and shall remain with ARMS.
In order to use the Software under this Agreement, You must read, understand and agree to this Agreement at the time of purchase and use, in accordance with the scope of use and other terms specified for each type of Software, the Documentation, and as set forth in this Section 2 of this Agreement.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
- You may not sell, distribute, lease, rent or sublicense the Software.
- You may not reverse-engineer, reverse-translate, disassemble, or decompile the Software, or any portion thereof, or otherwise attempt to discover the source code or or structural framework of the Software. You may not create any derivative work based upon the Software by altering, modifying or translating the code of the Software. You may not obscure or remove any copyright or trademark notice from the Software.
- You may not distribute registered copies of the Software to third parties.
- You may not rent, lease, or lend the Software.
ARMS expressly disclaims any warranty for the Software. The Software is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness of a particular purpose. ARMS does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Software. ARMS makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. ARMS further expressly disclaims any warranty or representation to Authorized Users or to any third party.
ARMS may provide you with support services related to the Software ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the Software and subject to the terms and conditions of this Agreement.
Any failure to comply with the terms and conditions of the Agreement will result in automatic and immediate termination of this Agreement. Upon termination of this Agreement granted herein for any reason, You agree to immediately cease use of the Software and destroy all copies and data of the Software supplied under this Agreement. The financial obligations incurred by You shall survive the expiration or termination of this Agreement.
All title, including but not limited to copyrights, in and to the Software and any copies thereof are owned by ARMS or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants You no rights to use such content.
Copyright law and international copyright treaty provisions protect all parts of the Software, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted are reserved by ARMS.
LIMITATION OF LIABILITY
In no event shall ARMS be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the Software, even if ARMS has been advised of the possibility of such damages. In no event will ARMS be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. ARMS shall have no liability with respect to the content of the Software or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information. ARMS shall not be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) due to the failure of any integrated electronic funds transfer at point of sale (EFTPOS) in the form of both software and hardware.
This Agreement shall be governed by the law of Malaysia applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of courts of Malaysia therefrom. If any provision shall be considered unlawful, void or otherwise unenforceability of any other provisions.
- As a user of the Software, You assume the responsibility for the selection of the Software as being appropriate for Your purposes. You understand and agree that: (i) You are solely responsible for the content and accuracy of all reports and documents prepared with the Software; (ii) using the Software does not relieve You of any professional obligation concerning the preparation and review of such reports and documents; (iii) You do not rely upon ARMS or the Software for any advice or guidance regarding the appropriate tax treatment of items reflected on such reports or documents; (iv) You will review any calculation made by using the Software and satisfy Yourself that those calculations are correct; and (v) ARMS’s support service is designed to offer technical support for issues regarding the features and functionality of the Software in the recommended operating environments only.
- Audit Right. With or without prior notice ARMS may audit Your use of the Software to ensure that You comply with the terms and conditions of this Agreement. If such inspection or audit disclose that you have installed, accessed or permitted access to the Software in a manner that is not permitted under this Agreement are liable for the reasonable costs of the audit in addition to any other fees, damages and penalties ARMS may be entitled to under this agreement and applicable law.
- Consent of Use of Data. You agree that ARMS may collect and use information gathered in any manner as part of the product support services provided to You, if any, related to the Software. ARMS may also use this information to provide notices to You which may be use or interest to You.
- ARMS, the ARMS Logos, ARMS Web/Back End and the ARMS Web/Back End logo are registered trademarks of ARMS Software International Sdn. Bhd. or its affiliated entities in Malaysia. Other product names mentioned may be service marks, trademarks, or registered trademarks of their respective owners and are hereby acknowledged.
- This Agreement shall not be modified, except by written agreement signed by the parties hereto. ARMS 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 Software, including any ARMS reseller or their respective agents, employees, or representatives.
- This Agreement is not assignable or transferable, in whole or in part, by You without the prior written consent of ARMS.
- You authorize ARMS to send You information about ARMS 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 ARMS, please contact Customer Service.