End user agreement for OTK Custom dbInstaller
OTK WEB SOLUTIONS
SOFTWARE LICENSE AGREEMENT
IMPORTANT! Do not use this software before you have read this license agreement. By proceeding to use this software you are indicating your acceptance of all the terms and conditions stated in this agreement.
This is a legal agreement between you (either as an individual or a single entity) and OTK Web Solutions for this software product which includes computer software and may include associated media, printed materials, and "online" or electronic documentation (the "SOFTWARE"). By installing, copying or otherwise using this SOFTWARE you are agreeing to be bound by the terms of this agreement. If you do not agree to the terms of this Agreement, do not install or use the SOFTWARE.
1. GRANT OF LICENSE. You may install and use an unlimited number of copies of the SOFTWARE on an unlimited number of machines. OTK Web Solutions may terminate this Agreement if Licensee breaches any of its terms and conditions.
2. COPYRIGHT. The SOFTWARE is owned by OTK Web Solutions and is protected by copyright laws and international treaty provisions, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold. You must therefore treat the SOFTWARE like any other copyrighted material.
3. TERM OF LICENSE. The license will continue until you physically destroy all copies of the SOFTWARE and merged portions thereof.
4. OTHER RESTRICTIONS.
(i) RESTRICTED USAGE
You may only use the demo version of this SOFTWARE internally within your organization until you have purchased the licensed copy with your license key properly entered.
(ii) REVERSE ENGINEERING
You may not reverse engineer, decompile, or disassemble the SOFTWARE.
Without prejudice to any other rights, OTK Web Solutions may terminate this agreement if you fail to comply with the terms and conditions of this agreement. In such event, you must destroy all copies of the SOFTWARE and all of its component parts.
5. ENHANCEMENTS AND UPDATES. From time to time, at its sole discretion, OTK Web Solutions may provide enhancements, updates, or new versions of the SOFTWARE on its then standard terms and conditions thereof. This Agreement shall apply to such enhancements.
DISCLAIMER OF WARRANTY. The SOFTWARE is provided on an "as is" basis, without warranty of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non infringement with respect to the software and the accompanying documentation. OTK Web Solutions and its distributors make no warranty that the software will be error-free or free from interruptions or other failures or that the software will meet your requirements. This disclaimer of warranty constitutes an essential part of this agreement. No use of the SOFTWARE is authorized hereunder except under this disclaimer.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall OTK Web Solutions or anyone else who has been involved in the creation, development, production, distribution or supply of this software be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of use of or inability to use this OTK Web Solutions product, even if OTK Web Solutions or its dealer have been advised of the possibility of such damages. Some countries do not allow the exclusion or limitation of certain implied warranties or the limitation of the foregoing warranty or the exclusion or limitation of incidental or consequential damages, in which case and to the extent such exclusion or limitation is not allowed some of the foregoing limitations and exclusions may not apply to you. In no event shall OTK Web Solutions total liability to you for all damages exceed the amount paid for this license to the software, if any.
HIGH RISK ACTIVITIES. The SOFTWARE is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities").
GENERAL PROVISION. You shall have no right to sub-license any of the rights of this agreement, for any reason. In the event of the breach by you of this Agreement, you shall be liable for all damages to OTK Web Solutions, and this Agreement shall be terminated. If any provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining portions of this Agreement shall not be affected or impaired thereby.
This Agreement constitutes the entire agreement between the parties for the supply of the SOFTWARE and its associated documentation and supersedes all prior arrangements, agreements, representations, and undertakings. This Agreement may not be changed or modified except by a written instrument duly executed by each of the parties hereto.
MISCELLANEOUS. This Agreement shall be governed by and construed in accordance with the laws of the Malaysia, without reference to conflict of laws principles. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
You shall be responsible for the payment of all taxes, duties, or levies that may now or hereafter be imposed by any authority upon this Agreement for the supply, use, or maintenance of the SOFTWARE, and if any of the foregoing taxes, duties, or levies are paid at any time by OTK Web Solutions, you shall reimburse OTK Web Solutions in full upon demand.
ACKNOWLEDGEMENTS. You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions.