End User Licence Agreement
Please read the Terms and Conditions of this licence carefully before installing, running or continuing to run this program (the “Software”). By installing, running or continuing to run the Software, you indicate that you agree to be bound by the following Terms and Conditions, which include the Software licence and limited warranty provisions. If you do not agree with the following Terms and Conditions or any part thereof, you must uninstall the Software immediately. Please note that any use of the Software in contravention of the copyright laws of Singapore and other relevant international treaties may constitute an offence.
Title to the Software and all copies thereof remain with Custom Automated Systems Pte. Ltd. (the “Company”) and copyright to the Software vests solely in Wilson Foo Yu Kang (the “Author“). The Software is copyrighted and is protected by Singapore copyright laws and international treaty provisions. You shall not remove or alter the copyright notice from the Software. You agree to prevent any unauthorised copying of the Software for any users of this Software to the best of your reasonable ability.
The Company and the Author grant you the right to use the Software on a TESTING BASIS ONLY as the Software is not certified to be fully functional at present. You shall not use, copy, modify, rent, sell or transfer the Software or any portion thereof except as provided for in this Agreement.
This licence allows you to:
- Use the Software on a single device at a time.
- Copy the Software solely for backup or archival purpose.
- Limitations of Use
You shall not:
- Use the Software or cause the Software to be used on more than one device at the same time;
- Sublicense the Software;
- Reverse engineer, decompile, or disassemble the Software;
- Copy the Software except as provided in this Agreement;
- Permit simultaneous use of the Software by more than one user.
- Limitation of Liability
Except as mandated by law, no further warranty of any kind, either express or implied, or warranties of merchantability or fitness for any particular purpose is given and any warranties except for those mandated by law are hereby excluded. Neither the Company nor the Author shall be liable for any loss of profits, loss of use, interruption of business, nor for indirect, special, incidental, or consequential damages of any kind. You agree that the Software is released on an EXPERIMENTAL BASIS only, you use it only for testing purposes, and you place no reliance on the Software or any output or functionality thereof for any purpose whatsoever. You further warrant to indemnify and hold the Company and the Author free from liability in respect of any damages or other loss, howsoever caused, in relation to your use of the Software in any way, including for any payment made by you to the Company and/or the Author. In the event that this exclusion of liability is found to be invalid or unenforceable in any jurisdiction, then the Company and the Author shall jointly be liable for the total sum of one Singapore cent only, or the total price paid by the claimant for the Software, whichever is higher. Without prejudice to the generality of the foregoing, you warrant to indemnify and hold the Company and the Author free from liability in respect of any payments made by you to any other party, or to the Company and/or Author for the purpose of payment being made by the Company and/or Author to any other party, and for any damages or other loss caused by any scam, deceit or fraud by any other party.
- Liquidated damages and equitable remedies for reverse engineering or breach of intellectual property
You agree that in the event that you reverse engineer, decompile, or disassemble the Software or breach any of the Company's or the Author's intellectual property rights, including but not limited to copyright, patent, trade marks, registered designs, trade secrets and confidential information and/or passing off, the loss caused to the Company and/or the Author will be irreversible and substantial and that you shall pay to the Company and/or the Author either the total sum of Singapore Dollars One Million Only (S$1,000,000.00) being a genuine pre-estimate of loss (the "Liquidated Damages"), or the actual loss and damage suffered, whichever is higher. The Liquidated Damages and/or any other damages payable shall be paid to the Company and/or the Author in such proportion as the Company and the Author shall determine at their sole and absolute discretion. You further agree that damages will not be a sufficient remedy and that the Company and the Author shall be entitled to specific performance, injunctive relief and/or any other legal or equitable remedies, whether interim or final, which may be granted by a competent Court or arbitral tribunal.
The Company reserves the right to conduct or have conducted audits to verify your compliance with this Agreement.
- Termination of this Licence
The Company or the Author may terminate this licence at any time if you are in breach of any of its terms or conditions. Upon termination, you shall immediately uninstall and destroy the Software along with any copies you have made or comply with such other instruction from the Company or the Author. Termination shall not affect the rights of the Company or the Author to bring any action against you.
- Actions for breach
Any action, including arbitration, for breach of this agreement or copyright laws may be brought against you by the Company on behalf of the Author or vice versa. Except as otherwise mandated by law, any legal action brought by you in respect of this agreement or the Software shall be brought only against the Company and you agree to forbear from instituting any legal, arbitral or other binding dispute resolution proceedings against the Author or joining the Author as a party to any such proceedings.
Should any part of this Agreement be rendered or declared invalid by a court of competent jurisdiction of the Republic of Singapore, such invalidation of such part or portion of this Agreement should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
Your personal data shall be protected in accordance with only the mandatory protections in the Personal Data Protection Act of the Republic of Singapore. You are hereby warned that your personal data or part thereof may be DELETED without notice as the Software is released on a TESTING BASIS ONLY.
- Posting on linked accounts
By logging into any of our applications, you unequivocally authorise us and our applications to post anything we deem fit, at our sole discretion, using any of your accounts which you have used to login to any of our applications, including making automated postings, including but not limited to promotional materials pertaining to us and our products.
- Entire Agreement
This Agreement represents the entire understanding and agreement of the parties and supersedes all prior communications, agreements and understandings relating to the subject matter hereof.
You may not sell, transfer, export or re-sell for export to any party, this Software for use directly or indirectly, or if you have grounds for suspecting that this Software is intended to be used for any purposes prohibited by law.
- Governing Law and Jurisdiction
This Agreement is governed by the laws of the Republic of Singapore, including patent and copyright laws. Service of summons and other documents may be effected at the registered address of a party, if a corporation, or the residential address, if an individual. Any dispute between you and the Author and/or the Company, including any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the Singapore Law Society Arbitration Scheme (“LSAS”) in accordance with its rules (“LSAS Rules”). The seat of the arbitration shall be Singapore and the Tribunal shall consist of 1 arbitrator who shall be nominated by LSAS at its sole and absolute discretion. Additionally, for any claims which you may bring against the Company and/or the Author, the following shall apply:
All parties shall negotiate in good faith to resolve such dispute and there shall at a minimum be 1 Without Prejudice meeting conducted between the disputing parties prior to arbitration, with costs borne by you fully including all parties' legal costs on a solicitor-and-client indemnity basis. Where any disputing party fails, refuses and/or neglects to attend or take any necessary or incidental steps necessary for such Without Prejudice meeting, all other disputing parties may proceed to arbitration, with costs borne by you fully including all parties' legal costs on a solicitor-and-client indemnity basis. For the avoidance of doubt, a party shall not be entitled to rely on its own refusal to attend such Without Prejudice meeting to commence arbitration.
The parties further agree that following the commencement of arbitration, they will attempt to resolve the dispute through mediation under the Singapore Law Society Mediation Scheme ("LSMS"), in accordance with the Law Society Arb-Med-Arb Procedure under the LSAS Rules for the time being in force. Any settlement reached in the course of the mediation shall fall within the scope of this arbitration agreement and may be referred to the Arbitral Tribunal appointed in accordance with this clause and may be made a consent award on agreed terms. Costs are to be borne by you fully including all parties' legal costs on a solicitor-and-client indemnity basis.