WKS HOLDINGS SDN BHD (129630-A) Generic Quality Manuals & Quality Procedures in ISO 9001:2000 and ISO/IEC 17025. Click here to view SAMPLE !
AGREEMENT ____________________________________________________________________________
1. Grant of use 1.1 Subject to the provisions contained herein and to the payment of all applicable fees as detailed in our web orders, WKS HOLDINGS SDN BHD, grants to you the right of use, which is a non-exclusive, non-transferable right to the materials contained herewith (the "product") and the purchaser by installing, copying or otherwise using the product agrees to be bound by the terms of this agreement. 1.1.1 This right does not convey to you an interest in or to the product, but only a limited right of use in accordance with the terms of this Agreement. No other use, copy or excerpts from the content are permitted. 1.1.2 You may install and use the product on the number of computers corresponding to the number of users specified within your company and our web orders. If you install the product on any storage device including a network server, the number of users is limited to the number of users specified accordingly as above. You shall not merge, adapt, translate, modify, rent, lease, sell, sub-lease, sub-grant, sub-license, assign or otherwise transfer any of the product, or remove any proprietary notice or label appearing on any of the product. You are permitted to make a paper copy for personal use by each user in your company and you may make an electronic copy for each user only for backup purposes. 1.1.3 You acknowledge and agree that the product and any copies are the property of WKS HOLDINGS SDN BHD as the copyright owner identified on the product, and are protected under the national copyright law and international copyright treaties. You further acknowledge and agree that all rights, title and interest in and to the product, including all intellectual property rights, are and shall remain with WKS HOLDINGS SDN BHD 1.1.4 You shall provide WKS HOLDINGS SDN BHD or any designee of WKS HOLDINGS SDN BHD with all information necessary to assure compliance with the terms of this Agreement. In the event you are not in compliance with the terms of this Agreement through the actions of unrelated third parties, you shall use your best efforts to cooperate with WKS HOLDINGS SDN BHD and any of its designees to assure compliance. 2. Updates The product supplied by WKS HOLDINGS SDN BHD is the latest version that has been approved and issued by WKS HOLDINGS SDN BHD. WKS HOLDINGS SDN BHD and you agree that WKS HOLDINGS SDN BHD has no obligation whatsoever to advise you of any amendments or changes to the product or even as to its withdrawal from publication irrespective of the reason for any such amendment change or withdrawal. 3. Export You may not load or export or re-export any of the product or any underlying information or technology except in full compliance with all Malaysian and other applicable laws and regulations and the terms of this Agreement. 4. Limited Warranty 4.1 WKS HOLDINGS SDN BHD warrants for your use upon your purchase of the product. Notwithstanding, WKS HOLDINGS SDN BHD reserves the sole rights to all the copyrights and trademarks related thereto and therein, free and clear of any and all liens, claims and encumbrances. 4.2 Warranties shall only be with respect to the physical products (subject to non-abuse by the purchaser) and WKS HOLDINGS SDN BHD makes no other representation or warranty or condition of any kind, whether express or implied (either in fact or by operation of law) with respect to any product, including, without limitation, with respect to the sufficiency, accuracy or utilization of, or any information or opinion contained or reflected in, any of the product. WKS HOLDINGS SDN BHD expressly disclaims all warranties or conditions of merchantability or fitness for a particular purpose. No officer, director, employee, member, agent, representative or publisher of WKS HOLDINGS SDN BHD is authorized to make any modification, extension, or addition to this limited warranty. 5. Indemnification Neither WKS HOLDINGS SDN BHD nor any agent, representative, publisher or distributor of the product, or any part of their respective directors, officers, employees, agents, representatives shall have any liability for, and you shall defend, indemnify and hold WKS HOLDINGS SDN BHD harmless from and against, any claim, loss, demand, liability, obligation and expenses (including reasonable attorneys' fees) based upon or arising out of any injury, damage, or any product liability claim, including but not limited to, any personal or bodily injury or property damage, arising out of, pertaining to, or resulting in any way from, the use or possession of any of the products by you and/or any of your directors, officers, employees, representatives, agents or contractors. 6. Limitation of liability 6.1 You acknowledge that WKS HOLDINGS SDN BHD's obligations and liabilities with respect to the product are exhaustively defined in this Agreement. You are responsible for the consequences of any use of any of the product (whether or not such use was consistent with the warranty granted hereunder) or any use created therefrom. Whether or not WKS HOLDINGS SDN BHD has been advised of such possible use , neither WKS HOLDINGS SDN BHD nor any of its representatives or agents, directors, officers, employees, agents representatives shall be liable, whether under contract, tort (including negligence) or otherwise, for any indirect, special, punitive, incidental or consequential loss, damage, cost or expense of any kind whatsoever and however caused, that may be suffered by you or any of your directors, officers, employees, agents, representatives or contractors or any third party. 6.2 If at any time an allegation of infringement of any rights of any third party is made, or in WKS HOLDINGS SDN BHD's opinion is likely to be made, with respect to any of the product, WKS HOLDINGS SDN BHD may, at its option and at its own expense (a) obtain for your the right to continue using the product, (b) modify or replace the product or any portion thereof so as to avoid any such claim of infringements, or (c) refund to you the purchased price without interest. WKS HOLDINGS SDN BHD shall have no liability to you if any claim of infringement would have been avoided except for your refusal to sue any modified or replacement product supplied or offered to be supplied pursuant to this section 4.2 or to otherwise cease using the product. Notwithstanding anything contained in this agreement, and except as set forth in section 4.2 hereof WKS HOLDINGS SDN BHD's liability to you for damages pursuant to this section 4.2, if any, shall not exceed the amounts of the purchase price paid by you for the product subject to any such claim. 6.3 Section 4.2 states the entire liability of WKS HOLDINGS SDN BHD with respect to the infringement or alleged infringement of any third party rights of any kind whatsoever by any of the product. 7. Termination This Agreement may be terminated immediately by WKS HOLDINGS SDN BHD upon breach of any provision of this agreement by you. Upon any termination of this Agreement, you shall immediately discontinue the use of the product and shall within ten (10) days either return the files on diskette(s), if any, to WKS HOLDINGS SDN BHD or certify in writing to WKS HOLDINGS SDN BHD that the product has been deleted from your computer and is eliminated from your premises and that the paper copy has been destroyed and no photo or other copies have been retained. 8. Miscellaneous 8.1 This Agreement constitutes the complete and exclusive agreement between WKS HOLDINGS SDN BHD and you with respect to the subject matter thereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. This Agreement may not be modified except in writing duly signed by an authorized representative of WKS HOLDINGS SDN BHD and you. 8.2 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, and such decision shall not affect the enforceability (a) of such provision under other circumstances, or (b) of the remaining provisions hereof under all circumstances. Headings shall not be considered in interpreting the Agreement. 9. Governing Law This Agreement shall be governed by the Laws of Malaysia and the courts of Malaysia, and shall be the forum for the settlement of disputes. Notwithstanding the foregoing, WKS HOLDINGS SDN BHD reserves the right to take legal action against you or otherwise to enforce its rights according to Malaysian or local laws in your country of domicile or in any jurisdiction where a breach of this Agreement or an infringement of its rights may occur or may have had effect.
By clicking on the 'I Agree' button below, I acknowledge that I have read and understood all the terms of this agreement. I agree to be bound by all the terms of this Agreement as I confirm my order.
© Copyright 2002 WKS Holdings Sdn Bhd. All rights reserved. Last Updated 10 April, 2006