Remote Access for Maintenance Services
PLEASE READ THE FOLLOWING “TERMS AND CONDITIONS” OF THIS END USER LICENSE AGREEMENT ("EULA") BEFORE INSTALLING OR USING THE SOFTWARE. YOU MUST REVIEW AND EITHER ACCEPT OR REJECT THE TERMS OF THIS EULA BEFORE INSTALLING OR USING THE SOFTWARE.
THIS EULA IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND ATLAB PRO PTE LTD ("ATLAB PRO") AND SERVES AS EXTENSION FROM YOUR PREVAILING MAINTENANCE CONTRACT WITH ATLAB PRO. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED: FOR EXAMPLE, IF APPLICABLE, YOUR EMPLOYER. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.
BY CLICKING THE “I ACCEPT” BUTTON, INSTALLING OR OTHERWISE USING THE REMOTE-ACCESS-SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THIS EULA, UNDERSTAND THEM, AND AGREE TO BE LEGALLY BOUND BY THEM.
IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS, DO NOT DOWNLOAD, INSTALL OR USE THE REMOTE-ACCESS-SOFTWARE. IF YOU HAD DOWNLOAD, IMMEDIATELY EXIT AND DELETE THE REMOTE-ACCESS-SOFTWARE AND THE REMOTE CONTROL SERVICE WILL NO LONGER CONTINUE NOR AVAILABLE.
When used in this Agreement, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:
"Acceptance" of Software means completion of the acceptance and you agree process set forth in Section 2 of this Agreement.
"Agreement" includes this agreement, Terms and Conditions and EULA.
“Licensee” refers to you or your company.
"Maintenance Contract" means the Maintenance Agreement or Maintenance Service Contact between the parties effective as of the date of the Agreement Documented or Invoice Issued Date.
“Software” (remote-access-software) is a tools used for the job or service cover by maintenance service contract and to any fonts accompanying this EULA (service and software) are provided to you by ATLAB PRO.
2. Usage Grant and Restrictions
Subject to the terms and conditions of the Agreement, ATLAB PRO grants you the access to use the non-exclusive, non-transferable remote-access-software on a single computer at a time. You may not, however, transfer or sublicense the software to any third party, in whole or in part, in any form, whether modify, decompile, reverse engineer, disassemble, rent, lease, loan, distribute or create derivative works.
This Agreement, the usage granted hereunder, and any obligation to provide Maintenance Services may be terminated
- by mutual agreement of ATLAB PRO and Licensee,
- by ATLAB PRO, without prior notice from ATLAB PRO, either upon expiry of your annual maintenance contract with ATLAB PRO or when you failed to comply with any term(s) of this Agreement.
4. Limited Warranty
THE REMOTE-ACCESS-SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE REMOTE-ACCESS-SOFTWARE IS WITH LICENSEE. ATLAB PRO AND ATLAB PRO'S LICENSOR(S) (FOR THE PURPOSES OF MENTIONED ABOVE, ATLAB PRO AND ATLAB PRO'S LICENSOR(S) SHALL BE COLLECTIVELY REFERRED TO AS "ATLAB PRO") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTY RIGHTS, OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
ATLAB PRO DOES NOT
- WARRANT THAT THE FUNCTIONS CONTAINED IN THE REMOTE-ACCESS-SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE REMOTE-ACCESS-SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.
- WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE REMOTE-ACCESS-SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
- Acknowledge or accept WARRANTY CREATION FROM OR BASE ON ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ATLAB PRO OR A ATLAB PRO AUTHORIZED REPRESENTATIVE, IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
5. Limitation of Liability
ATLAB PRO SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF ATLAB PRO TO LICENSEE FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE LESSER OF THE AMOUNT PAID TO ATLAB PRO BY LICENSEE UNDER THE ACTUAL CONTRACT VALUE PAID FOR THE MAINTENANCE SERVICES.
Neither party shall be under any liability for any loss or for any failure to perform any obligation hereunder due to causes beyond its control including without limitation industrial disputes of whatever nature, power loss, telecommunications failure, acts of God, or any other cause beyond its reasonable control.
6. Governing Law and Severability
This agreement shall be deemed to have been executed after the maintenance service contact enrolls and shall be governed by and construed in accordance with Singapore Laws. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be invalid or unenforceable, the remainder of this Agreement shall remain in force as if such provision were not a part.
7. Entire Agreement
This Agreement comprise the entire agreement between the parties regarding the subject hereof and supersedes and merges all prior proposals, contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing, documented and signed by ATLAB PRO with company stamp.
If you have any questions or concerns about this Terms and Condition - EULA Agreement, kindly email to firstname.lastname@example.org.