END USER LICENCE AGREEMENT
M4U reserves the right to change, modify, add or delete articles in this Agreement at any time, in accordance with the procedures described below.
1. GRANT OF LICENSE
1.1 M4U grants You a revocable, non-exclusive, non-transferable and restricted license to install, use and access the Channels-(Software Product)for the purpose of recording residential/commercial data, managing & communicating effectively and enhancing smooth operation, for such time until either You or M4U terminates this EULA. You must in no event use, nor allow others to use the Channels or this License for commercial purposes without obtaining our prior written consent and approval to do so. Updates, upgrades and modifications may be necessary in order to be able to continue to use the Channels on certain hardware.
1.2 You are refrained from the act of reverse-engineering, decompile and disassemble, reproduction or duplication of these Channels-(Software Product) in any other form or language, distribution, selling or offering for sale, rent out, lease, communicate or expose to public for any other purposes including but not limited to application in the advertising business or in any manner howsoever which M4U forbids expressly or impliedly.
1.3 You shall not dispose of or resell the Channels wholly or partly and its documentation or any accompanying materials that may be supplied by M4U to any other person without prior written consent from us. For purposes hereunder, the Channels may be used on a backup system subject to M4U prior consent in writing.
2. COPYRIGHT INFRINGEMENT & INTELLECTUAL PROPERTY
All titles, ownership rights and intellectual property (i.e. patents, trademarks, copyrights and trade secrets) rights residing in the Channels-(Software Product) which (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, videos, audio-visual effects, domain names and any other elements which are part of the Channels, individually or in combination) and any and all copies thereof are belonged to and are the sole property of M4U or its licensor. The Channels-(Software Product)are protected under the Copyright Act 1987 (Malaysia)and the International treaties on copyright. You, as an end user, are only permitted to install, use and access the Channels.
Subject to availability, M4U may but not oblige to, upon your written request from time to time provide you with error correction, enhancement, modification, bug fixes or other updates to the Channels-(Software Product). All such error correction, enhancement, patches, updates or other modification shall remain the sole property of M4U.
4. RESTRICTION& NOTICES
Unless as expressly provided herein, you shall not at any time in any manner, reproduce or copy in whole or in part the Channels and its documentation or material supplied hereunder. In the event you require any additional copies of the Channels or its accompanying documentations, printed or otherwise, you shall inform and may obtain the same from M4U at the charges payable by you which M4U may inform you from time to time.
You shall at all times reproduce or take steps to conspicuously display all proprietary notices on or in all copies of the Channels or systems which is operating the Channels in the same manner and form that such proprietary notices are originally included in the Channels.
You shall not remove, alter, modify or obliterate or cancel from view any notices concerning the confidentiality, any copyright, trademark, or other proprietary notices, labels on the Channels-(Software Product)and its Documentation. Any such notices that may appear or present in the physical product, packaging, page, electronic media, record carrier or storage medium or in any run time resources, web related or enabled notices, code or other embodiments and output contained in or otherwise created or generated by the Channels.
You shall not use the Channels to provide services to any third party or for the benefit of any third party (whether by means of a service bureau or otherwise), including, without limitation, any entity or individual that markets, distributes or provides web analytics software or services.
You shall maintain proper records of the number and location of all copies of the Channels and its documentation at all times, and make such records available for M4U to inspect, audit and check for purposes of verifying whether the terms hereunder has been complied with, and you hereby unreservedly agrees and grants M4U the right to enter its premises, to inspect and check its records for the said purposes.
Each party may have access to information that is confidential (“Confidential Information”). Confidential Information shall include any information that is clearly identified in writing at the time of disclosure as confidential as well as any information that, based on the circumstances under which it was disclosed, a reasonable person would believe to be confidential. M4Us’ Confidential Information shall include, but not be limited to, the Channels-(Software Product), Documentation, formulas, methods, know-how, processes, designs, new products, developmental work, the terms and pricing under this Agreement, and the results of any comparative or other benchmarking tests with respect to the Channels, in each case regardless of whether such information is identified as confidential.
Each party agrees not to make Confidential Information available in any form to any third party except to employees or agents who are required to know to allow each party to exercise its rights under this Agreement, or to use the Confidential Information for any purpose other than in the performance of this Agreement. You shall not disclose the results of any performance tests of the Channels to any third party. Each party agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by employees or agents in breach of this Agreement.
7. DEFAULT AND TERMINATION
This Agreement may be terminated by M4U, if any of the following events of default occur:-
If you fail to perform or comply with this Agreement or any provision hereof or
If you become insolvent or admit in writing your inability to pay your debts or make an assignment for the benefit of creditors or
If a petition for bankruptcy, winding-up or receivership, or the like, is filed by any person or if such a petition is filed by any third party.
The termination of this Agreement shall take place upon and become effective by M4U issuing a notice to you via facsimile or email or by post. Within 2 days after the termination of this Agreement, you shall cease and desist all use of the Channels-(Software Product) and its documentation in any form or manner including but not limited to the uninstalling and deletion of all copies of the Channels and shall return to M4U all full or partial copies of the Channels and its documentation.
8. WARRANTY DISCLAIMER
This Channels-(Software Product) and any related documentation are provided on an “as is” basis without warranties of any kind, express or implied, including, but not limited to, warranties of title or implied warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose, timeliness or completeness of any information. We shall not be liable for any liability for the acts, omissions and conduct of any third parties in connection with or related to your use of this Channels and/or our Services. You expressly acknowledge and agree that your use of this Channels is at your own risk. M4U does not warrant that the Channels will be uninterrupted or error-free, that defects will be corrected, or that the Channels are free of viruses or other harmful components. To the fullest extent permissible under applicable law, in no event will M4U,its licensor, and associated service providers be liable for loss or damage suffered in connection with the use of the Channels or any related third-party service. This includes without limitation (a) all losses of any kind, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation (whether innocent or negligent) or otherwise, (b) direct loss, (c) indirect loss, (d) accidental loss, (e) incidental loss and (f) consequential loss.
9. LIABILITY LIMITATION
M4U and its licensor exclude liability to the fullest extent permitted by law, in any event including without any limitation negligence for any damages or loss of any kind, including direct, indirect, incidental, special, consequential or punitive damages, expenses or losses airing out of, or in connection with your use or inability to us this Channels-(Software Product), or in connection with any failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus or system failure, communication line failure, theft or destruction, or unauthorized access to, alteration of or use of record, whether for breach of contract, negligence or other tortuous behavior, or under any other cause of action, arising out of or in connection with the access of, use of, performance of, browsing in or linking to other sites from this Channels. We reserve the right to modify, suspend or discontinue, temporarily or permanently, this Channels or any of it, with or without notice, at any time. You agree that we shall not be liable to you or any third-party for any such modification, suspension or discontinuance of this Channels.
10. GENERAL :-
10.1 Entire Agreement and Amendment
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, representations or proposals whether written or oral, with respect to the subject matter hereof. The terms of this Agreement may be amended or varied by M4U at any time by giving a prior written notice to you.
10.2 Relationship of the Parties
It is expressly understood and agreed that the relationship between the parties is solely that of "seller" and "buyer" and you are not an employee or an agent or legal representative of M4U and has no authority whatsoever to assume or create any obligation for or on behalf of M4U, express or implied, with respect to the Channels or otherwise.
If any term of this Agreement is held unenforceable or invalid by any court of competent jurisdiction, then this Agreement, including all the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included. You shall not assign or pledge as a security or sub-license to others the Channels and its documentation or any terms of this Agreement or its rights hereunder in whole or in part.
Any waiver by M4U of any default or breach hereunder shall not constitute a waiver of any provision of this Agreement or of any subsequent default or breach of the same or a different kind.
10.5 Law, Jurisdiction and Dispute Resolution
This Agreement shall be construed and enforced in accordance with the laws of Malaysia and the Malaysian Courts shall have the exclusive jurisdiction over any disputes or matters arising out of or from this Agreement. Headings used in this Agreement are provided for convenience only and shall not be used to construe any meaning or intent of this Agreement.
11. ADDITIONAL CONDITIONS
All notices connected with this Agreement shall be deemed given by M4U to you through its email or fax to your given fax number or email address as stated hereunder or by post to your address stated hereunder.
For notices to be given by you to M4U, it shall be deemed given after 5 days from M4U’s actual receipt of the same by a prepaid A.R. registered post at the address set forth herein or at any other address which M4U may designate from time to time. You shall not assign or sub-assign or lease or sub-lease or license or sub-license or render or pledge as a form of security this Agreement or its rights hereunder or any part thereof.
This Agreement shall be bonded upon the heirs, successors in law, assigns, personal representatives, trustee and/or estate of yours. This Agreement shall not be deemed to be a partnership, joint venture between the parties and you shall not hold out as an agent or representative of M4U. Time whenever or wherever mentioned in this Agreement shall be of the essence.
By clicking“ I Agree ”, You are unreservedly accepting and agreeing to be bound by the terms contained hereunder this Agreement and that this Agreement is intended to be legally binding upon You, the end user.