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+ | ===== AfterOffice Software Developer Kit (SDK) License Agreement ===== | ||
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+ | **PURPOSE.** AfterOffice desires to license AfterOffice Software Developer Kit software and documentation (the " | ||
+ | **DEFINITIONS.** The following terms have the meanings assigned to the below:\\ | ||
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+ | **LICENSES.** The Software and Documentation are protected by Malaysian copyright laws and international copyright treaties. In addition, the possession and use of the SDK is subject to the restrictions contained in this Agreement. The SDK contains various software programs with different license rights. AfterOffice grants You the non-exclusive, | ||
+ | **RESTRICTED SOFTWARE.** Notwithstanding anything to the contrary in this Agreement, portions of the Software and/or Documentation may be subject to restrictions set forth in terms that accompany those portions. You agree to abide by such restrictions. If such restrictions are unacceptable to You, You may return the SDK for a refund.\\ | ||
+ | **THIRD PARTY SOFTWARE PRODUCTS.** As a service to You, certain third party software products may be bundled with the SDK. Your rights with respect to such products are defined by terms and conditions supplied by their vendors.\\ | ||
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+ | **RESERVATION OF RIGHTS.** AfterOffice reserves all rights not expressly granted to You. Without limiting the generality of the foregoing You: a) acknowledge that the source code of the binary code Software represents and embodies trade secrets of AfterOffice and its licensors; b) agree not to disassemble, | ||
+ | **EARLY ACCESS MATERIALS.** AfterOffice does not represent or warrant that it will make the Early Access Materials generally available to the public or that any target dates will be met. AfterOffice may change or cancel its plans at any time. You acknowledge that any Early Access Release product is of pre-release quality, has not been fully tested, and may contain errors; You assume the entire risk arising out of the use of the Early Access Release Software and any information provided with the Early Access Release Software.\\ | ||
+ | **SUPPORT.** AfterOffice shall have no obligation to provide support to You or to purchasers of Developer Product(s).\\ | ||
+ | **TERM AND TERMINATION.** This License will become effective on the date you acquire the AfterOffice Software Developer Kit and will remain in force until terminated. You may terminate this License at any time by destroying the Documentation and the Software together with all copies and adaptations. This License shall also automatically terminate if you breach any of the terms or conditions. You agree to destroy the original and all adaptations or copies of the Software and Documentation, | ||
+ | **AUDIT.** Upon reasonable notice, AfterOffice may at its own expense audit your site(s) to ensure compliance with this Agreement. AfterOffice will notify you in writing of any deficiency in compliance and will provide a recommended plan for resolving outstanding issues. Your failure to cure such deficiencies within thirty (30) days after receipt of the written notification will constitute a material breach and will be grounds for immediate termination of this Agreement.\\ | ||
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+ | **DEVELOPER INDEMNIFICATION.** You agree to indemnify, defend and hold AfterOffice harmless from all damages, liabilities and expenses incurred by AfterOffice as a result of any claim, or judgment against AfterOffice by any third party arising out of, or connected in any manner with, distribution or use of software created by You through the use of Software licensed to You under this Agreement or arising out of breach of this License Agreement. If AfterOffice receives notice of such a claim, AfterOffice will promptly notify You in writing and allow You sole control of the defense of any such claim or action and all negotiations for its settlement and compromise, provided You give adequate assurances that You will diligently pursue resolution of the claim.\\ | ||
+ | **TRANSFER.** This Agreement may not be transferred or assigned without the prior written approval of AfterOffice.\\ | ||
+ | **GOVERNING LAW.** Except as otherwise restricted by law, this License shall be governed by, and interpreted in accordance with, the laws of Malaysia. Any action relating to this License agreement shall be brought in a Malaysian courts of competent jurisdiction. This License Agreement is not assignable by you in whole or in part.\\ | ||
+ | **ENTIRE AGREEMENT.** This Agreement sets forth the entire understanding and License between you and AfterOffice and may be amended only in a writing signed by both parties. NO VENDOR, DISTRIBUTOR, | ||
+ | **WAIVER.** No waiver of any right under this Agreement shall be effective unless in writing, signed by a duly authorized representative of the party to be bound. No waiver of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right arising under this Agreement.\\ | ||
+ | **SEVERABILITY.** If any provision in this License is invalid or unenforceable, | ||
+ | **OTHER.** Those terms which by their nature extend beyond termination of this Agreement shall survive and remain in effect until all obligations are satisfied. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.\\ | ||
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+ | **Separate Limited Warranty**\\ | ||
+ | **MEDIA.** AfterOffice warrants the physical media of the AfterOffice Software Developer Kit software and documentation (referred to in this limited warranty as the " | ||
+ | **SOFTWARE.** Except as provided in this Limited Warranty, AfterOffice warrants that if the Software fails to conform substantially to the specifications in the documentation accompanying the Software and if the nonconformity is reported in writing by you to AfterOffice within 90 days from the date that the Software is purchased, AfterOffice will either remedy the nonconformity or offer to refund any license fees paid by you upon return of all copies of the Software and documentation to AfterOffice.\\ | ||
+ | THE SOFTWARE IS ONLY COMPATIBLE WITH CERTAIN COMPUTERS AND OPERATING SYSTEMS. THE SOFTWARE IS NOT WARRANTED FOR NON-COMPATIBLE SYSTEMS. CALL AFTEROFFICE TECHNICAL SUPPORT FOR INFORMATION ABOUT COMPATIBILITY\\ | ||
+ | **DISCLAIMER.** EXCEPT AS OTHERWISE RESTRICTED BY LAW, AFTEROFFICE MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. AFTEROFFICE DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, | ||
+ | **LIMITATION OF LIABILITY.** EXCEPT AS OTHERWISE RESTRICTED BY LAW, AFTEROFFICE' |