Software Licensing

Software Licence Agreement

PLEASE READ THIS LICENCE CAREFULLY. By using the Software supplied with this licence (the “Software”) you agree to be bound by the terms of this Licence. If you do not agree, return the Software together with the User Guide and related materials and proof of purchase to the place where you obtained it within 30 days for a full refund.

  1. Licence

QCOM TechSolutions Pte Ltd (the “Licensor”) grants to you a non-exclusive, non-transferable Licence to use GSTMsia (the Software) in accordance with the terms of this Licence. The Licensor reserves all rights not expressly granted to you and retains ownership of the copyright and all other intellectual property rights in the software.

The Licensor has a “discontinuance policy” when Licensor in its sole discretion decides that technical support is not available for some older versions of the software. This includes the ability to install or re-install that Software for any reason if you have lost your Licence Key for those old versions. If you wish to continue using the Software in those circumstances, you will need to purchase a new copy of the current version of that Software.

  1. Use

(a) The Software is licensed not sold, despite any reference to “purchase” or “sale” in this Licence or in any invoice or purchase order for the supply of the Software. The licensor reserves all rights not expressly granted to you. QCOM TechSolutions Pte Ltd is the owner of copyright in the Software and retains ownership of the copyright and all other intellectual property rights.

(b) The Software is single licence for one company file name. If you have more than one company datafile, you must obtain an additional licence for each company file name.

(c) You must not :

  1. reverse engineer, decompile, disassemble, reconfigure or otherwise attempt to discover the source code of the Software;
  2. use or rely upon the Software for any purpose or in any manner for which the software is not warranted;
  3. copy, reproduce, translate, adapt, vary ,merge, or modify or create any derivative work based on the Software;
  4. sell, market, network, transfer, lease, license, rent, lend or otherwise dispose of or distribute the software;

(d) You must register this Software in order to keep using it. You agree to keep your registration information accurate and complete and promptly update your registration data with us as necessary to keep it accurate, current and complete. We protect your registration information according to our privacy policies. Enabling others to use your licence key(s) is strictly prohibited.

  1. Support

(a) The Licensor will support the Software, during the period from the date of purchase until the earlier of:

  1. the second anniversary of the date of initial supply by the Licensor of release one of this version of the Software; and
  2. the date of initial supply by the Licensor of the second successive version of the Software.

(b) Access to technical information about the Software contained on the Licensor’s website.

(c) The ability for you to download the current Software program and updates, but it does not include provision of Upgrades of the Software.

(d) The Licensor will not enhance, upgrade or provide technical support for the Software free of charge.

(e) If you need to reinstall the Software and you do not have the Licence Key (eg misplaced or lost), you will need to purchase or upgrade to a new full version. Or the Licensor may charge you a fee for the provision of retrieving your Licence Key and, more importantly, when the Licence Key retrieval service will not be provided by Licensor due to the operation of Licensor’s sunset policy.

  1. Limited Warranty

(a) Subject to clause 4(b) and 5(a), the Software is provided “as is” and “as available” without any representations by the Licensor or any of its authorised distributors regarding the use, performance or results of the use, of the Software.

(b) Until the end of the first 30 days after purchase of the Software, if you are not satisfied with the operation of the Software, you may terminate this Licence by deleting the Software from your computer and returning the Software, User Guide and related materials to the place where you obtained them, with proof of purchase for a full refund.

(c) While the Licensor has endeavoured to make sure that the Software works, the Licensor does not guarantee that the Software will work on all computer hardware platforms or configurations and makes no warranty that the Software is error free, continuous or uninterrupted or liable for any loss of data associated with the use..

  1. Liability and Indemnity

(a) Where conditions, warranties or other rights for your benefit are implied in this Licence or otherwise conferred by law and it is not lawful to exclude them, then those conditions, warranties and other rights will (but only to the extent required by law) apply to this Licence. Other than as set out in this Licence, or as a result of this clause 5 (a), all implied conditions, warranties and rights are excluded from this Licence.

(b) The Licensor’s and its authorised distributors’ liability for breach of implied conditions or warranties is limited, to the extent permitted by law and at the option of the Licensor, to replacing or supplying the goods or services or their equivalent again or the payment of the cost of having the goods or services or their equivalent replaced or supplied again.

(c) Other than as set out in clauses 4(b), 5(a) and 5(b), the Licensor and its authorised distributors will not be liable to you or any other person for any indirect loss, damages, costs or expenses suffered by your or any other person relating to the performance, non-performance or any breach of this Licence or the supply of the Software. The Licensor’s maximum liability for damages arising in connection with this Licence or the supply of the Software is limited to the amount paid by you for the Software.

(d) The Licensor and its affiliates and suppliers disclaim any representations or warranties that your use of the software will satisfy or ensure compliance with any legal obligations or laws or regulations. You are solely responsible for ensuring that your use of the software is in accordance with the applicable law.

(e) If the Software contains features to assist with guarantee requirements, then the Licensor does not warrant that the relevant reports will be compliant with legal requirements, as these change from time to time. In additional any tables and reports, are also changed from time to time and you should consult with your professional advisor before relying on the tables and reports. The Licensor does not warrant that the tables are up to date at your date of purchase.

In providing you with the tables, files and reports, the Licensor is not engaged in rendering legal, accounting or other professional services. The tax law and other laws in the user’s home country are extremely complex in nature and legal and accounting advice should be obtained before taking any action in reliance on this Software. The software is not financial product advice.

(f) You agree that the Licensor and its authorised distributors will not be liable, other than as expressly set out in this Licence, and that you will indemnify the Licensor and its authorised distributors in respect of any liability, loss, damage, costs or expenses which you may suffer or incur as a result of your use of the Software (including any claims made against you by third parties).

  1. Licence and Termination

(a) The terms of this Licence is perpetual, provided that this Licence may be terminated by the Licensor if you are in breach of this Licence or as otherwise set out in this Licence.

(b) Clauses 4 and 5 will survive the termination of this Licence.  Termination of this Licence will not prejudice any right which the Licensor may have, or but for the termination may have had, against you for a breach of this Licence.

(c) Upon the termination of this Licence, you or your representative must destroy the Software, User Guide and related materials and any copies of them which you possess or return or dispose of them in the manner directed by the Licensor.

(d) The Software is subject to the Licensor discountinuation policy and the Licensor reserves the right to discontinue all support for the Software, and/or for any features, online or other services or content accessible through the Software in accordance with its current discountinuation policy. The Licensor will agree to provide post termination support for a period of 12 months (1 year) from the notice of termination subject to the applicable terms and conditions and pricing.

  1. General

(a) Some defined terms : In this Licence:

Upgrade means a new version of the Software which contains additional functionality or other enhancements,. The Licensor will determine whether a new version constitutes an Upgrade or any Update.

Update means a new version of the Software which contains minor enhancements.

(b) The user acknowledges and agrees that the Service includes Third Party software (example QuickBooks) and/or other related items to which the user agrees to bear any and all risk in respect of any use by it thereof or reliance upon any results or data produced thereby. The Licensor makes no warranty or representation whatsoever in relation to any component of the Service and specifically disclaim any and all express or implied warranties (including any warranty as to non-infringement, satisfactory quality and/or suitability for purpose etc) in relation therewith to the maximum extent permissible by law. Accordingly, the user shall not make any claim whatsoever against the Licensor of any of its related corporations, however based on any use by the user of any component of the Service hereunder.

(c) This Licence is governed by the laws of the State of Singapore.

(d) This Licence contains the entire agreement between you and the Licensor in relation to its subject matter and supersedes any prior agreements and understandings, whether written or oral.

(e) The Licensor reserves the right to amend the terms and conditions without prior notice.

(f) You cannot assign or transfer ownership of this Agreement. However, the Licensor may assign or transfer it without your consent to (a) an Affiliate, (b) another company through a sale of assets by the Licensor or (c) a successor by merger. Any assignment in violation of this Section shall be void.

(g) Any failure to enforce any rights under this Licence by the Licensor is not to be taken as a waiver of those rights.

 

GSTMsia is a registered trademark of QCOM TechSolutions Pte Ltd
QuickBooks is a registered trademark of Intuit Inc.
All rights reserved.
First printing, December 2015

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