LCCsoft


LIFE CYCLE COSTING & ASSET FINANCIAL PLANNER


End-User License Agreement

Thank you for selecting LCCsoft Online software (the "Software"). This end-user license agreement (the "Agreement") is a legal agreement between you ("Licensee", "you", "your"), and MCM Value Sdn Bhd ("we" or the “Company”). You must accept the terms of this Agreement before accessing or otherwise using the Software or any of the services that may be provided by the Company under this Agreement ("Services"). To access and use the Software and Services, Licensee must have access to the Internet.

If you do not agree to the terms of the Agreement, you are not granted any rights whatsoever in the Software. If you are not willing to be bound by these terms and conditions, you should not click on the "ACCEPT" button, and may not access or otherwise use the Software or Services.

License Grant & Restrictions

The Company hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by the Company and its licensors. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet "links" to the Service or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. Each User license cannot be used by more than one individual User at any one time but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service.

Responsibilities

You are responsible for all activities occurring under your User accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify the Company immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to the Company immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your Users; and (iii) not to impersonate other Company's user or provide false identity information to gain access to or use the Service.

Account Information and Data

The Company does not own any data, information or material that you submit to the Service in the course of using the Service ("Customer Data"). You, shall have sole responsibility for the accuracy, quality, integrity, liability, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and the Company shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. In the event this Agreement is terminated (other than by reason of your breach), the Company will make available to you a file of the Customer Data within 30 working days of termination if you so request at the time of termination. The Company reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation to your non-payment of the Services. Immediately upon termination of the Services, your right to access or use the Customer Data shall immediately cease, and the Company shall have no obligation to maintain or forward any Customer Data.

Intellectual Property Ownership

The Company (and its licensors, where applicable) shall own absolute right, title and interest, including all related Intellectual Property Rights, in and to the Company Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedbacks, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the Company Technology or the Intellectual Property Rights owned by the Company. The Company name, the Company logo, and the product names associated with the Service are trademarks of the Company or third parties, and no right or license is granted to use them.

Third Party Interactions

During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, condition, warranties or representations associated with such activity, is solely between you and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. The Company does not endorse any sites on the Internet that are linked through the Service. The Company provides these links to you only as a matter of convenience, and in no event shall the Company or its licensors be responsible for any content, products, or other materials on or available from such sites. The Company provides the Service to you pursuant to the terms and conditions of this Agreement. You may recognize, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services.

Charges and Payment of Fees

You will be provided with one (1) User Account. For any additional in app purchases you shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. The initial charges will be equal to the current number of total User licenses requested by the time the User license fee is currently in effect. Payments may be made annually, monthly, or quarterly, consistent with the Initial Term, at your election. You are responsible for paying for all User licenses ordered for the entire License Term, whether or not such User licenses are actively used. You must provide the Company with valid credit card or approved purchase order information as a condition to signing up for the Service. In the case of payment by cheque, payment will not be deemed received until the cheque has been cleared. An authorized License Administrator may add licenses by executing an additional written Order Form or using the Online Order Page. Added licenses will be subject to the following: (i) added licenses will be coterminous with the preexisting License Term (either Initial Term or renewal term); (ii) the license fee for the added licenses will then be the current, generally applicable license fee; and (iii) licenses added in the middle of a billing month will be charged in full for that billing month. The Company reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to you, such notice may be provided by the Company to you by e-mail.

Billing and Renewal

The Company charges and collects license fee in advance for use of the Service. The Company will automatically renew and bill your credit card or issue an invoice to you (a) every month for monthly licenses, (b) every quarter for quarterly licenses, (c) each year on the subsequent anniversary for annual licenses, or (d) as otherwise mutually agreed upon in writing. The renewal charge will be equal to the then-current number of total User licenses times the license fee in effect during the prior term, unless the Company has given you at least 30 days prior written notice of a fee increase, which shall be effective upon renewal and thereafter. Fees for other services will be charged on an as-quoted basis. The Company's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to provide the Company with the complete and accurate billing and contact information. This information includes your legal company name, street address, e-mail address, name and telephone number of an authorized billing contact and License Administrator. You further agree to update this information within 30 days from the start date of Services for any change to it. If the contact information that you have provided to the Company is false or fraudulent, the Company reserves the right to terminate your access to the Service in addition to any other legal remedies.

If you believe your bill is incorrect, you must contact us in writing within 60 days from the date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.

Non-Payment and Suspension

In addition to any other rights granted to the Company herein, the Company reserves the right to suspend or terminate this Agreement and your access to the Service if your account becomes delinquent (falls into arrears). You will continue to be charged for User licenses during any period of suspension. If you or the Company initiates termination of this Agreement, you will be obligated to pay the balance due on your account computed in accordance with the Charges and Payment of Fees section above. You agree that the Company may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. The Company reserves the right to impose a reconnection fee in the event you are suspended and thereafter request access to the Service. You agree and acknowledge that the Company has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if your account is 30 days or more delinquent.

Termination upon Expiration/Reduction in Number of Licenses

This Agreement commences on the Effective Date. Either party may terminate this Agreement or reduce the number of licenses, effective only upon the expiration of the then current License Term, by notifying the other party in writing at least five (5) business days prior to the date of the invoice for the following term. In the event this Agreement is terminated (other than by reason of your breach), the Company will make available to you a file of the Customer Data within 30 days of termination if you so request at the time of termination. You agree and acknowledge that the Company has no obligation to retain the Customer Data, and may delete such Customer Data, more than 30 days after termination.

Termination for Cause

Any breach of your payment obligations or unauthorized use of the Company Technology or Service will be deemed a material breach of this Agreement. The Company, in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement. You agree and acknowledge that the Company has no obligation to retain the Customer Data, and may delete such Customer Data, if you have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach.

Termination in the Event of Death, Bankruptcy, Insolvency or Dissolution

Termination in the event of death, bankruptcy, insolvency or dissolution of the Licensee, this Agreement shall thereupon be terminated.
Termination of this Agreement for any cause shall not release the parties from any liability accruing prior to the date of termination.

Representations & Warranties

Each party represents and warrants that it has the legal power and authority to enter into this Agreement. The Company represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service and that your billing information is correct.

Mutual Indemnification

You shall indemnify and hold the Company, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that use of the Customer Data infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by you of your representations and warranties; or (iii) a claim arising from the breach by you or your Users of this Agreement, provided in any such case that the Company (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defense and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release the Company of all liability and such settlement does not affect the Company's business or Service); (c) provides to you all available information and assistance; and (d) has not compromised or settled such claim.

The Company shall indemnify and hold you and your parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that the Service directly infringes a copyright, a patent issued as of the Effective Date, or a trademark of a third party; (ii) a claim, which if true, would constitute a violation by the Company of its representations or warranties; or (iii) a claim arising from breach of this Agreement by the Company; provided that you (a) promptly give written notice of the claim to the Company; (b) give the Company sole control of the defense and settlement of the claim; (c) provide to the Company all available information and assistance; and (d) have not compromised or settled such claim. The Company shall have no indemnification obligation, and you shall indemnify the Company pursuant to this Agreement, for claims arising from any infringement arising from the combination of the Service with any of your products, service, hardware or business process(s).

Disclaimer of Warranties

THE COMPANY AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. THE COMPANY AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY AND ITS LICENSORS.

Internet Delays

THE COMPANY'S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

Limitation of Liability

IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, MISCALCULATION, MISINTERPRETATION, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Additional Rights

Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.

Binding Effect

This Agreement shall inure to the benefit of and be binding upon the parties hereto and their successors in title.

Confidentiality

You hereby undertake to keep confidential all information (written or oral) concerning the Company and/or the Services hereunder, unless such information is in public domain.

Relationship of Parties

The relationship of the parties under this Agreement shall be limited to the matters herein contained and nothing herein provided shall be considered or interpreted as constituting the relationship in which any party may be liable for the acts of the other party nor shall anything contained be considered or interpreted as constituting either party as an agent of the other party.

Severability

If any of the provisions of this Agreement is found by a court of competent jurisdiction to be void, illegal or unenforceable, in whole or in part, under any enactment or rule of law, such provision shall be deemed to be deleted from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect. Notwithstanding the foregoing, the Parties shall thereupon negotiate in good faith in order to agree upon the terms of a mutually satisfactory provision to be substituted for the provision so found to be void, illegal or unenforceable.

Reputation

You shall not take any action that is harmful or potentially harmful to or which disparages, ridicules or demeans the reputation of the Company and/or the grant of the license hereunder.

Notice

The Company may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in the Company's account information, or by written communication sent by first class mail or pre-paid post to your address on record in the Company's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) at any time by any of the following: letter sent by confirmed facsimile to the Company at the following fax numbers (whichever is appropriate): (603) 55121808 and/or (603) 55133792; letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to the Company at the following addresses (whichever is appropriate): No. 27A, Jalan Tengku Ampuan Zabedah B9/B, Seksyen 9, 40100 Shah Alam, Selangor, Malaysia in either case, addressed to the attention of: LCCsoft Support Team.

Modification to Terms

The Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.

Assignment

This Agreement may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.

General

This Agreement shall be governed by the Malaysian law. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. This Agreement, together with any applicable Order Form, comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

Definitions

As used in this Agreement and in any Order Forms now or hereafter associated herewith:

"Agreement" means these online terms of use, any Order Forms, whether written or submitted online via the Online Order Page, and any materials available on the Company website specifically incorporated by reference herein, as such materials, including the terms of this Agreement, may be updated by the Company from time to time in its sole discretion;

"Content" means the audio and visual information, documents, software, products and services contained or made available to you in the course of using the Service;

"Customer Data" means any data, information or material provided or submitted by you to the Service in the course of using the Service;

"Effective Date" means the earlier of either the date this Agreement is accepted by selecting the "Accept" option presented on the screen after this Agreement is displayed or the date you begin using the Service.

"Intellectual Property Rights" means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world;

"License Administrator(s)" means those Users designated by you who are authorized to purchase licenses online using the Online Order Page or by executing written Order Forms and to create User accounts and otherwise administer your use of the Service;

"License Term(s)" means the period(s) during which a specified number of Users are licensed to use the Service pursuant to the Order Form(s);

"Order Form(s)" means the form evidencing the initial subscription for the Service and any subsequent order forms submitted online or in written form, specifying, among other things, the number of licenses and other services contracted for, the applicable fees, the billing period, and other charges as agreed to between the parties, each such Order Form to be incorporated into and to become a part of this Agreement (in the event of any conflict between the terms of this Agreement and the terms of any such Order Form, the terms of this Agreement shall prevail);

"Online Order Page" means the Company's online application that allows the License Administrator designated by you to, among other things, add additional Users to the Service;

"the Company" means collectively MCM Value Sdn Bhd, a Malaysian corporation, having its principal place of business at No. 27A, Jalan Tengku Ampuan Zabedah B9/B, Seksyen 9, 40100 Shah Alam, Selangor , Malaysia ;

"the Company Technology" means all of the Company's proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to you by the Company in providing the Service;

"Service(s)" means the specific edition of the Company's online customer relationship management, billing, data analysis, or other corporate services identified during the ordering process, developed, operated, and maintained by the Company, accessible via www.lcc-soft.com or another designated web site or IP address, or ancillary services rendered to you by the Company, to which you are being granted access under this Agreement, including the Company Technology and the Content;

"User(s)" means your employees, representatives, consultants, contractors or agents who are authorized to use the Service and have been supplied user identifications and passwords by you (or by the Company at your request).

Questions or Additional Information

If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to support@lcc-soft.com.