Software Application License/Permissions

@ written .Wednesday, April 30, 2014   

Software Application License/Permissions
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Software Application License

Updated : February

This License (which will also be read as an "Agreement" ) is between Irsah Indesign Solution ("Irsah inDesigns") and the User(s) as identified and stated in the Sales Order, Work Order, Order Details Email or Payment Transaction Notices by Irsah inDesigns selected and approved payment gateway vendors. This Agreement will also apply to all User's employee's, employed under his or her organization (“Authorized Users”).


License Permissions

Subject to the provisions of this Agreement, " the User " is granted a limited, non-transferable, non-exclusive license to use the Software Application for a single website and a single staging for development purposes. The User may not offer any System Applicator (on which the Software Application works with, developed for or belongs to) for resale, without written permission only from Irsah inDesigns.

Augmenting Code - The User may do modifications, additional enhancements, adapting to other System Applicators, translation works, developed or create derivative works based upon the Software Application and any System Applicator that may seem fit.

Copy, Duplication & Responsibility - All modifications are at the User's full responsibility and it is fully owned by the User. But this does not effect the Agreement limitations for further use. The User shall have no right to copy or duplicate the System Application without written consent from Irsah inDesigns, which Irsah inDesigns may withheld any rights for any reason(s).


Ownership

IMPORTANT. This Software Application is Licensed but not SOLD. The User(s) acknowledges that the Software Application (including changes the User's may request or suggest) will still be the property of Irsah inDesigns or Irsah inDesigns's authorized partners. Title to the Software Application and all related intellectual property will still remain with Irsah inDesigns and Irsah inDesigns's authorized partners at all times, as will all other rights not explicitly granted to Users in this Agreement.

Any add-on plug-ins/application used by Irsah inDesigns's Software Application shall remain owned by the respective plug-in/application owners. Irsah inDesigns, during release of any Software Application, took all the initiatives in making sure the derivative work (if any) follows the necessary/initial rules and regulations stipulated with the add-on plug-in/application license. Irsah inDesigns do not claim of ownership for any add-on/application used in any of it's Software Application release, unless Irsah indesigns are entitled/granted to.


Warranty, Disclaimers, Limitations & Liability

NO WARRANTY - Although Irsah inDesigns will or has attempt to deliver accurate, complete content and error-free Software Application, occasional errors or omissions may occur in the System Applicator (which the Software Application is intentionally developed with). 

EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, THE SOFTWARE APPLICATION IS PROVIDED "AS IS". iRSAH inDESIGNS MAKES NO OTHER REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED. IRSAH inDESIGNS DOES NOT WARRANT THE ACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SOFTWARE APPLICATION. IRSAH inDESIGNS DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS OR CLAIM OF ANY KIND RESULTING FROM, ARISING OUT OF, OR ANY WAY RELATED TO USE OF THE SOFTWARE APPLICATION. IRSAH inDESIGNS’S ENTIRE LIABILITY AND OBLIGATION SHALL BE LIMITED TO IRSAH inDESIGNS, USING COMMERCIALLY REASONABLE EFFORTS TO CORRECT ERRORS OR OMISSIONS AND SHALL CONSTITUTE USERS’S SOLE RIGHT AND EXCLUSIVE REMEDY HEREUNDER WITH RESPECT TO THE SOFTWARE APPLICATION.

IMPORTANT LIMITATION OF LIABILITY - IN NO EVENT SHALL IRSAH inDESIGNS OR ITS OFFICERS, EMPLOYEES, VENDORS, LICENSORS or AUTHORIZED PARTNERS, BE LIABLE FOR LOSS OF DATA, LOSS OF PROFIT, OR FOR ANY OTHER SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER BASED UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER LEGAL THEORY. IN NO EVENT SHALL IRSAH inDESIGNS’S CUMULATIVE AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL FEES PAID BY USER TO IRSAH inDESIGNS WITH RESPECT TO THE THEN-CURRENT TERM OF THE AGREEMENT.

Manufacturer - FOR THE APPLICATION SOFTWARE is IRSAH inDESIGNS,

Export - In the event any product or service that is the subject of this Agreement is exported from Malaysia or exported/re-exported from a foreign destination by The User, The User shall ensure that the distribution and export/re-export of that product or service is in compliance with all laws, regulations, orders, or other restrictions of the Malaysian Multimedia Rules and Regulations.

The User agrees that neither it nor any of its subsidiaries will export/re-export any technical data, process, product, or service directly or indirectly to any country for which the Malaysian government or any agencies thereof, requires an export license or other government related approval without first obtaining such license or approval as per requirement.


Miscellaneous

Entire Agreement - This document constitutes the entire Agreement between the parties and supersedes all prior or contemporaneous negotiations and agreements, whether written or oral. No modification or amendment to this Agreement, nor any waiver of any rights, will be effective unless assented to in writing by both parties, and the waiver of any breach or default will not constitute a waiver of any other right or any other breach or default. This Agreement may be amended only by a writing, dully signed and acknowledged by both parties.

Assignment - The User may not assign any portion of this Agreement except with the prior written consent from Irsah inDesigns. Any attempt to assign (by operation of law or otherwise) this Agreement or any part thereof without consent shall be null and void. However, Irsah inDesigns shall not unreasonably withhold its consent to an assignment.

Choice of Law - This Agreement shall be governed by the laws in Malaysia, without regard to its choice of law rules. By entering into this Agreement, The Users agrees to be subject to personal jurisdiction in Malaysia courts. Any litigation arising from or related to this Agreement shall be brought only in the federal or state courts in Malaysia.


Attorney and Fees

Costs - In addition to any other relief, the prevailing party in any dispute arising under this Agreement will be entitled to all reasonable legal fees and costs.

Performance - A party is not liable under this Agreement for non-performance, if the non-performance is caused by events or conditions beyond that party's control, and provided the party makes reasonable efforts to perform under the circumstances.

Obligations & Rights - The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay. This provision does not relieve the User of its obligation to make any payments then owing.

Severability - If any provision of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall not be affected.

Headings - Section headings are for convenience only and shall have no substantive meaning.

Survival - Provisions of this Agreement relating to warranties, intellectual property rights, limitation and exclusion of liability, indemnification, and payment obligations will survive the termination or expiration of this Agreement.

All code, documentation & license materials are Copyright 2010 ~ , Irsah inDesigns, unless otherwise stated.

Upon verified purchase of software application file/files/file sets, an official permission license agreement would be sent to the e-mail (stated in invoice/work order) for reference, not more than 7 days from the approved transaction date.


Understanding copyright and licenses allows Users to do what you do best: That is BEING CREATIVE!

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