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EULA - End User License Agreement



End User License Agreement (EULA)

NOTICE: Please read this End User License Agreement (this "Agreement"). If you install or use this Software product (the "Software"), you will be legally bound by this Agreement.

1. License Grant. The KwikSnap Company Ltd grants you a nonexclusive license to use the Software, as follows:

Except as stated below, you may install the Software on only one computer. If the Software may be used from any computer or terminal other than the computer on which it is installed (whether because the computer on which it is installed is part of a network or for any other reason), you must license a copy of the Software for each computer or terminal from which the Software may be used. For example, if ten computers or terminals have access to the Software on your network, then you must license ten copies of the Software solely for use on that network. However, multiple users may share the Software to work collaboratively on the same document or data at the same
time without licensing multiple copies so long as the Software is resident on only one computer and may not otherwise be used from another computer or terminal.

If you are the primary user of more than one computer (such as an office computer and a home computer), you may install the Software on each of them so long as the Software is never used on more than one of the computers at the same time. If you want to allow the Software to be used on more than one computer at the same time, then you must license a copy of the Software for each computer. You may make a reasonable number of back-up copies of the Software. The back-up copies may be used only to replace an unusable copy of the Software. You must destroy any copies of the Software that are replaced by a back-up copy. Back-up copies must include all proprietary rights notices appearing on the original and must remain in your possession or control.

Except as specifically permitted in this Agreement, you may not (i) copy the Software or this manual, (ii) modify the Software or separate out any of its components for use with other software (except to the extent contemplated in the enclosed user documentation), (iii) use the Software to provide time sharing, service bureau or similar services, or (iv) decompile, disassemble, or otherwise reverse engineer the Software. Further, you may not allow anyone to do anything that this Agreement prohibits you from doing.

You understand that the Software is licensed to you and not sold. Apps Malaya retains title to all copies of the Software.

2. Limited Warranties and Disclaimer. (a) Apps Malaya warrants that, for ninety (90) days after you obtain the Software (the "Warranty Period"), (i) the Software will operate as stated in the enclosed user documentation, and (ii) the disk or other media on which the Software is provided will be free of defects in material or workmanship. This limited warranty does not cover anything caused by accident or abuse or by use of the Software other than for its reasonably intended purposes and as recommended in the accompanying user documentation. Also, Apps Malaya does not warrant that the operation of the Software will be uninterrupted or error free. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

(b) Except as stated in Section 2(a), Apps Malaya does not make any warranties. In particular, Apps Malaya disclaims all implied warranties, including the implied warranties of merchantability, fitness for aparticular purpose, and non-infringement. The duration of any implied warranty that is not effectively disclaimed will be limited to the 90 day Warranty Period. Some countries do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

3. Exclusive Remedies. (a) If, during the Warranty Period, you report any breach of warranty to Apps Malaya is reasonably able to verify that breach, Apps Malaya will, at its option, either (i) correct the Software or replace any defective media, (ii) help you work around or avoid the problem, or

(b) During the Warranty Period, you may report breaches of warranty over the phone by calling 07 888 8431 or by letter addressed to Apps Malaya Lot 2148-25 Lorong Kanan 1, Jln Dewan, 53100 Kuala Lumpur, Malaysia. Attention: Customer Service. You must describe the breach in detail and include a phone number or address at which you can be reached during normal business hours. Apps Malaya will respond within a reasonable time to any reported breach. You must pay all costs of shipping any Software or other materials from you to Apps Malaya and from KwikSnap to you. Any corrected or replaced software that you obtain under this Agreement will be considered part of the Software licensed under this Agreement and will be covered by warranty only for any time remaining in the original Warranty Period.

(c) The remedies stated in this Section 3 are your only rights or remedies, and will be Apps Malaya, only liability or obligation, for any breach by Apps Malaya of any warranty.

4. Updates. Apps Malaya may from time to time provide you with updates,
patches, error corrections or new or modified versions of the Software (collectively referred to as "Updates") at a small charge. Unless those Updates are supplied with a written license agreement, they will be deemed part of the Software subject to this Agreement. The warranty provided in Sections 2 and 3 will apply to an Update subject to this Agreement only if you obtain the Update during the Warranty Period (that is, within 90 days after you originally obtained the Software), and the warranty with respect to that Update will continue only until the end of the Warranty Period. Any Update subject to this agreement obtained after the Warranty Period will be provided at a small charge. Apps Malaya has no obligation under this Agreement to provide any Updates.

5. Proprietary Rights. Apps Malaya and its Resellers retain all rights, trade secret rights, and any other proprietary rights covering or relating to the Software. You acknowledge that the Software includes or incorporates proprietary and confidential information belonging to Apps Malaya and/or its Resellers. All rights not expressly granted by Apps Malaya in this Agreement are reserved.

6. No Consequential Damages; Limitation of Liability. Neither Apps Malaya nor its Resellers will be liable for any special, incidental, consequential or exemplary damages, including without limitation damages for loss of use, lost profits or loss of data or information of any kind, arising out of or in connection with the Software or its use or
this Agreement, even if Apps Malaya or its Resellers have been advised
of the possibility of such damages. In no event will Apps Malaya or its
Resellers liability for any claim relating to the Software or its use or this Agreement, whether in contract, tort or any other theory of liability, exceed the Software program fee paid by you. Some countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

7. Limits on Your Right to Transfer. You may not sublicense, rent, lease, lend, sell, grant a security interest in, or otherwise transfer the Software or any rights under this Agreement, except that you may transfer your copy of the Software if: (i) you transfer to the same person all copies of the Software and of any accompanying documentation in your possession or control, (ii) that person agrees in writing to assume all of your obligations under and otherwise to be bound by this Agreement, and (iii) you notify Apps Malaya at the address or phone number specified below of the transfer of the Software, including the name, address and phone number of the new user of the Software and the name of the Software. Your rights under this Section 7 only apply to incidental transfers. No right is granted to transfer or in any way distribute multiple copies of the Software or to transfer Software in connection with a trade or business (whether as a value added reseller, OEM, distributor, systems integrator, or otherwise).

8. Export. You acknowledge that the Software is subject to all World countries export control laws, including the export administration regulations. You will not export, re-export or divert the Software in contravention of those laws.

9. Termination. Apps Malaya may terminate this Agreement if you violate it. You must destroy all copies of the Software in your possession or control promptly upon termination. Upon KwikSnap request, you must certify in writing that you have complied with your obligations under this Section 9 and otherwise under this Agreement. Termination by Apps Malaya will not limit any of its other rights or remedies under this Agreement or at law or in equity. Any provision of this Agreement that by its sense and context is intended to survive termination of this Agreement will survive termination.

10. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remaining provisions of this Agreement will remain valid and fully enforceable. If any provision is in part enforceable and in part unenforceable, it will be enforced to the extent permitted under applicable law.

11. Restricted Rights. If this product is licensed by an agency, such agency's rights
in this product are governed by the restrictions in the Technical Data -- Commercial
Items clause in all countries and or any successor regulation. If this product is licensed by any other agency or instrumentality of the International countries, use, duplication and disclosure are subject to restriction as set forth in subparagraphs (a) - (d) of the rights in Technical Data and Computer Software clause at FAR 52.227-19 or any successor regulation.

12. Governing Law. This Agreement is governed by all International Law's.

13. Entire Agreement. This Agreement, together with any special rights or promotions provided in writing with your copy of the Software, is the entire agreement between you and Apps Malaya relating to the Software. It supersedes any prior or contemporaneous oral or written communication relating to the Software. The KwikSnap software program and all associated material is produced by Brian Duffell, all 'Copyrights ' and 'Intellectual Property Rights' are retained by Brian Duffell and Apps Malaya.



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Downloads: 54
Updated At: 2024-04-23
Publisher: Apps Malaya
Operating System: android, ios, linux, mac, other, unix, windows, windows-mobile
License Type: Free