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SOFTWARE LICENSE AGREEMENT

MYBIZCART END USER SOFTWARE LICENSE AGREEMENT

MYBIZCART END USER SOFTWARE LICENSE AGREEMENT

IMPORTANT:THIS SOFTWARE END USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND FIRSTONLINE. IT PROVIDES A LICENSE TO USE THE SOFTWARE FOR YOUR DOMAIN NAME ONLY AND NOT FOR RESELL TO THIRD PARTY. ON THE FIRST USE OF THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL OR USE THE SOFTWARE.

Definitions

  • 1. “Authorized Operating Systems” means the server that run on Linux Operating Systems.
  • 2. “Firstonline” means the software developer First Online (M) Sdn Bhd (company No. 746947-P)
  • 3. “Software” means MyBizCart software that installed and to run with your domain name.

License Grants

  • 1. You may install and use the Software on licensed domain name on a single server that runs an Authorized Operating System and support PHP, MySQL, HTML, Ajax and JavaScript. A license for the Software may not be shared, installed or used concurrently on different servers.
  • You are permitted to make a backup copy of this software for personal safe keeping.

License Restrictions

  • 1. You may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network.
  • 2. You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
  • 3. You may not sell, rent, lease, or sublicense the Software.
  • 4. You may not modify the Software or create derivative works based upon the Software.
  • 5. In the event that you fail to comply with this EULA, Firstonline may terminate the license and you must destroy all copies of the Software (with all other rights of both parties and all other provisions of this EULA surviving any such termination).

Ownership

  • 1. The foregoing license gives you limited license to use the Software for unlimited period provided you renew the yearly subscription. Firstonline retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Software and all copies thereof. All rights not specifically granted in this EULA, including Malaysia and International Copyrights, are reserved by Firstonline.

WARRANTY DISCLAIMER

  • 1. The software come with lifetime warranty FREE from any software bug, error or omission.
  • 2. The software comes lifetime FREE Support provided you renew the subscription yearly and you are advice to submit any support request at http://www.firstonline.net/helpdesk.

LIMITATION OF LIABILITY

  • 1. NEITHER FIRSTONLINE NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT,BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF FIRSTONLINE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
  • 2. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO ALL ASPECTS OF THIS EULA.

Third Party Software

  • 1. Beside the operating systems, the Software may require 3rd party software support such as PHP, MySQL database, HTML, AJAX and Java that configure according to the software requirement. It will not run on the server without the above support. In the event that the operating systems and the 3rd party server/software become obsoletes and new version of these 3rd party server/software does not run on this software, by default the maintenance contract shall be consider ended unless you upgrade to newer version of software. In this case you will be subjected to upgrading cost which will be decided base on current price.

Refund Policy

  • 1. If you are unhappy with our service, we offer an unconditional 7-day money back guarantee subject to 20% administrative charges. No refund available for domains name or web site design.

General

1. This EULA shall be governed by the laws of Malaysia, any dispute of this EULA shall be settle base on Malaysia laws.

All questions concerning this EULA shall be directed to the developer First Online (M) Sdn Bhd at sales@firstonline.com.my. Firstonline and other trademarks contained in the Software are trademarks or registered trademarks of First Online (M) Sdn Bhd in Malaysia and/or other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. This EULA does not authorize you to use Firstonline’s or its licensors names or any of their respective trademarks.