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NetInfinium Solutions Sdn Bhd ("NIS") END USER LICENSE AGREEMENT for NetInfinium Solutions Sdn Bhd ("NIS") Software ("SOFTWARE") 


THIS DOCUMENT IS THE LICENSE AGREEMENT, WHICH GOVERNS THE USE OF NIS SOFTWARE AND ITS DOCUMENTATION. READ THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH USE.

THIS AGREEMENT IS A LEGAL DOCUMENT AND IT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN NIS ("THE LICENSOR") AND YOU CONCERNING NIS SOFTWARE AND SUPERSEDES ANY PRIOR REPRESENTATION OR UNDERSTANDING BETWEEN YOU AND NIS.  YOU ARE REFERRED TO AS THE "LICENSEE" IN THIS LICENSE AGREEMENT.
BY CONTINUING WITH USE OF THIS PROGRAM, LICENSEE ARE ACCEPTING AND AGREEING TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.  IF LICENSEE ARE UNWILLING TO BE BOUND BY THIS LICENSE AGREEMENT, LICENSEE MAY NOT USE NIS SOFTWARE IN ANY FORM WHATSOEVER.  TO ACCEPT THIS AGREEMENT, SELECT THE "I AGREE" BUTTON AT THE BOTTOM OF THE PAGE.  TO CANCEL AND NOT ACCEPT THIS AGREEMENT SELECT THE "I DO NOT AGREE" BUTTON.


AGREEMENT

1.	DEFINITIONS.  NIS is the licensor of NIS SOFTWARE Documentation.  The term, "SOFTWARE" shall mean NIS's Inter ASP and/or Inter EOM Software and its related modules.  "Documentation" shall mean the entire software manual, help files and all materials supplied with and used in conjunction with SOFTWARE.

2.	LIMITED LICENSE

2.1	NIS hereby grants Licensee a non-exclusive, non-transferable license subject to the terms and conditions of this Agreement to use SOFTWARE and its documentation.

2.2	In consideration of payment of the license fee paid to NIS and all sales, use, transfer, and other taxes imposed in connection with this Agreement (except taxes imposed on NIS's income), NIS hereby grants Licensee a non-exclusive, non-transferable license subject to the terms and conditions of this Agreement to use SOFTWARE and Documentation.

2.3	Licensee is licensed to use SOFTWARE and Documentation solely for its own internal use and has no right to sublicense, rent, lease, transfer or distributes part or whole thereof. NIS reserves all rights not expressly granted to Licensee.

2.4	Licensee is provided with a unique login ID and password to render SOFTWARE fully operable.  Licensee agrees to use this ID & password to keep this information private and not divulge, distribute, exchange, publish or furnish it to any other parties.  Licensee is liable for all damages incurred by NIS including, but not limited to, loss of sale, loss of revenue, and legal fees resulting from breach of this provision.

3.	Limited Warrantee, Disclaimer of Warranties and Limitation of Liability.

3.1	NIS's shall not be held liable to Licensee for any loss, damage or expenses resulting from any claims, demands or actions arising out of or relating to this Agreement. NIS shall not be liable for any claims against the Licensee by any other party.

3.2	IN NO EVENT SHALL NIS BE LIABLE FOR THE LOST PROFITS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER SIMILAR DAMAGES ARISING FROM ANY CAUSE OF ACTION BASED ON CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR ANY LEGAL THEORY EVEN IF NIS HAS BEEN ADVISED OF THE POSSIBILITY OF THE SAME.  

4.  	OWNERSHIP
This license gives you limited rights to use the SOFTWARE.  You do not own 
and NIS retains ownership of the SOFTWARE and all copies of it.  All rights 
not specifically granted in this Agreement, including Federal and International Copyrights are reserved by SOFTWARE.

5.	TERMINATION.  This license will terminate automatically if Licensee fails to comply with the terms and conditions of this agreement or if Licensee is involved in any illegal activities while utilizing SOFTWARE that may include but not limited to spamming, phishing, pharming, spoofing, email bombing, email Denial of Service and email virus proliferation. On termination, Licensee's account will be removed from our server and Licensee must return all documentation given to Licensee upon request from NIS. 

6.	INDEMNIFICATION.  Licensee assumes sole responsibility for its use of SOFTWARE and Documentation.  Licensee indemnifies and holds NIS harmless of and from any and all liability or claims of person or entity arising from Licensee's use of SOFTWARE or Documentation (including but not limited to spamming activities, phishing, pharming, spoofing, email bombing, email Denial of Service and email virus proliferation by the Licensee).  In the event that Licensee provides access to SOFTWARE or Documentation to persons or entities not party to this Agreement, Licensee indemnifies and holds NIS harmless of or from any and all claims arising out of such access, provided however, that nothing contained in this section shall be construed as NIS approval of access or use by such persons or entities.

7.	GENERAL PROVISIONS.  The provisions in Sections 2, 3, 4, 6 hereof shall survive the termination of this Agreement.  This Agreement contains the entire understanding of the parties and supersedes any prior agreements or understandings whether written or oral.  This Agreement may not be amended, or any term waived, except in writing executed by the parties. The invalidity or unenforceability of any provision hereof shall not affect the validity or enforceability of any other provision or part thereof.  This Agreement shall be governed by the laws of Malaysia (without reference to its rules relating to conflicts of law) as applied to Agreements made to be performed within Malaysia.  

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