Introduction
This End User License Agreement (“EULA”) is a legal agreement between you (“End User” or “You”) and JTI-Enterprise (“Company,” “We,” “Us,” or “Our”) concerning your use of the software provided by JTI-Enterprise, including any associated media, printed materials, and “online” or electronic documentation (collectively, the “Software”). By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the Software.
License Grant
JTI-Enterprise grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Software solely for your personal, non-commercial purposes strictly in accordance with the terms of this EULA.
Restrictions
You agree not to, and you will not permit others to:
- License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the Software or make the Software available to any third party.
- Modify, make derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the Software.
- Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of JTI-Enterprise or its affiliates, partners, suppliers, or the licensors of the Software.
Intellectual Property
The Software, including without limitation all copyrights, patents, trademarks, trade secrets, and other intellectual property rights are, and shall remain, the sole and exclusive property of JTI-Enterprise.
Updates and Maintenance
JTI-Enterprise may provide enhancements or improvements to the features/functionality of the Software, which may include patches, bug fixes, updates, upgrades, and other modifications (“Updates”). All Updates are governed by this EULA, unless other terms accompany the Updates, in which case those terms apply. JTI-Enterprise has no obligation to provide Updates or to continue to provide or enable any particular features or functionality of the Software.
Termination
This EULA is effective until terminated by you or JTI-Enterprise. Your rights under this EULA will terminate automatically without notice from JTI-Enterprise if you fail to comply with any term(s) of this EULA. Upon termination of this EULA, you shall cease all use of the Software and delete all copies of the Software from your devices.
Disclaimer of Warranties
The Software is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, JTI-Enterprise, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly
disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Software, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, JTI-Enterprise provides no warranty or undertaking, and makes no representation of any kind that the Software will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free or that any errors or defects can or will be corrected.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall JTI-Enterprise or its affiliates, or any of its or their respective licensors or service providers, be liable for any indirect, incidental, special, consequential, or punitive damages, including, without limitation, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable, arising out of or in connection with your use of or inability to use the Software.
Indemnification
You agree to indemnify, defend, and hold harmless JTI-Enterprise and its affiliates, licensors, and service providers,
and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Software or your breach of this EULA.
Severability
If any provision of this EULA is held to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible, and the other provisions of this EULA will remain in full force and effect.
Governing Law
This EULA is governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the courts located within Malaysia to resolve any dispute or claim arising from this EULA.
Entire Agreement
This EULA constitutes the entire agreement between you and JTI-Enterprise regarding the use of the Software and supersedes all prior and contemporaneous written or oral agreements, communications, or understandings, if any, relating to the subject matter hereof.
Amendments to this EULA
JTI-Enterprise reserves the right, at its sole discretion, to modify or replace this EULA at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Software after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Software.