By installing and/or using the Tobiz App, you agree that this End User License Agreement (EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Your use of the App indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Tobiz Network grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use the App in accordance with this Agreement and any other written agreement with Tobiz Network. Tobiz Network does not transfer the title of the App to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Tobiz Network and the purchasers or users of the App.
If you do not agree to be bound by this agreement, remove the App from your device.
The Tobiz App and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only.
3. CHANGES TO THIS AGREEMENT
This Agreement applies to all downloading or installation of the App after the Effective Date above, and use of any copy of the App downloaded or installed after the Effective Date above. Tobiz Network may make changes to this Agreement from time to time by posting a copy of the updated Agreement at http://tobiz.network/site/eula. Changes to this Agreement will be applicable to downloading or installation of the Service after the effective date of the changes. If you do not agree with any changes to this Agreement, your sole remedy is cease the use of Tobiz App and the Service after the effective date of the changes.
4. USER AGREEMENT
Your license to use Tobiz Service is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate the copies of Tobiz App.
4.2 Use Restrictions
You shall use the App in compliance with all applicable laws and not for any unlawful purpose.
4.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile the App. Nor can you create any derivative works or other works that are based upon or derived from the App in whole or in part.
Tobiz Network's name, logo and graphics file that represents the App shall not be used in any way to promote products developed with the App. Tobiz Network retains sole and exclusive ownership of all right, title and interest in and to the App and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of the App, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Tobiz Network.
4.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend Tobiz Network , its owners, directors, employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Tobiz Network's Software and Service.
In no event (including, without limitation, in the event of negligence) will Tobiz Network , its owners, directors, employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, the Service or the use or inability to use the Service or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Except as expressly stated in writing, Tobiz Network makes no representation or warranties in respect of this Software and Service and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
4.6 Governing Law
This Agreement shall be governed in all respects by the laws of Malaysia. As such, laws are applied to agreements entered into and performed entirely within Malaysia and between Malaysian residents. Both parties submit to jurisdiction in Malaysia and further agree that any cause of action arising under this Agreement shall be brought exclusively to a court in Malaysia. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of the Service and destroy all copies of the Service supplied under this Agreement.
5. FEES AND SERVICE
Unless otherwise stated, all fees are quoted in RM (Ringgit Malaysia). You are responsible for paying all fees associated with using the Service and all applicable taxes.
Tobiz Network may in their sole discretion change some or all of the Services at any time. In the event Tobiz Network introduce a new service, the fees for that service are effective at the launch of the Service.
Tobiz Network may from time to time review and change how users can access the Service. Such changes will be posted on the Tobiz Network Website and shall become binding on all of users upon its implementation.
6. DISCLAIMER OF WARRANTY
TOBIZ NETWORK DOES NOT WARRANT THAT:
(1) THE SERVICE OR CONTENT WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS;
(2) DEFECTS WILL BE CORRECTED;
(3) THE SERVICE OR THE SERVICE'S SERVER HOSTING CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR
(4) THE SERVICES OR CONTENT AVAILABLE THROUGH THE TOBIZ NETWORK WEBSITE WILL CONTINUE TO BE AVAILABLE.
TOBIZ NETWORK SHALL HAVE NO LIABILITY FOR ANY SUCH ISSUES. TOBIZ NETWORK DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, AVAILABILITY AND AS TO SUBJECT MATTER OF CONTENT. THE SERVICE ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”
YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICE.
THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY THE SERVICE AS WELL.
7. CONSENT OF USE OF DATA
You agree that Tobiz Network may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to the Service. Tobiz Service may also use this information to provide notices to you which may be of use or interest to you.
Should you have any questions concerning this Agreement, the Service or the Documentation, please send an e-mail to firstname.lastname@example.org
You hereby acknowledge that you have read and understood this Agreement and agree that by installing, copying, or using the App you are acknowledging your agreement to be bound by this Agreement.