END-USER LICENSE AGREEMENT (EULA) of QubePOS ERP Retail Management-v2.0

This End-User License Agreement (“EULA”) is a legal agreement between you and QUBE APPS SOLUTIONS SDN. BHD. This agreement governs your acquisition and use of our QubePOS ERP Retail Management-v2.0 software (“Software”) directly from QUBE APPS SOLUTIONS SDN. BHD or indirectly through a QUBE APPS SOLUTIONS SDN. BHD authorized reseller or distributor (a “Reseller”).

Please read this EULA agreement carefully before completing the installation process and using the QubePOS ERP Retail Management-v2.0 software. It provides a license to use the QubePOS ERP Retail Management-v2.0 software and contains warranty information and liability disclaimers.

If you register for a free trial of the QubePOS ERP Retail Management-v2.0 software, this EULA agreement will also govern that trial. By clicking “accept” or installing and/or using the QubePOS ERP Retail Management-v2.0 software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.

If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.

This EULA agreement shall apply only to the Software supplied by QUBE APPS SOLUTIONS SDN. BHD herewith, regardless of whether other software is referred to or described herein. The terms also apply to any QUBE APPS SOLUTIONS SDN. BHD updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.

 

License Grant

QUBE APPS SOLUTIONS SDN. BHD hereby grants you a personal, non-transferable, non-exclusive license to use the QubePOS ERP Retail Management-v2.0 software on your devices in accordance with the terms of this EULA agreement.

You are permitted to load the QubePOS ERP Retail Management-v2.0 software (for example a PC, laptop, mobile, or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the QubePOS ERP Retail Management-v2.0 software.

You are not permitted to:

  • Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated into any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things.
  • Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose
  • Allow any third party to use the Software on behalf of or for the benefit of any third party
  • Use the Software in any way which breaches any applicable local, national or international law
  • Use the Software for any purpose that QUBE APPS SOLUTIONS SDN. BHD considers is a breach of this EULA agreement

 

No Warranties

QUBE APPS SOLUTIONS SDN. BHD does not make any warranty, express or implied, of this software or related instruction material as to merchantability, fitness for any particular use or purpose, or reliability of use. No warranties of any kind are made, expressed or implied, and no individual or corporation whatsoever may do otherwise.

 

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall QUBE APPS SOLUTIONS SDN BHD or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the software product or the provision of or failure to provide support services, even if QUBE APPS SOLUTIONS SDN BHD has been advised of the possibility of such damages.

In any case, QUBE APPS SOLUTIONS SDN BHD’s entire liability under any provision of this EULA  shall be limited to the greater of the amount actually paid by you for the software product or US$5.00; provided, however, if you have entered into a QUBE APPS SOLUTIONS SDN BHD support services agreement, QUBE APPS SOLUTIONS SDN BHD’s entire liability regarding support services shall be governed by the terms of that agreement. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the above exclusion or limitation may not apply to you.

 

Intellectual Property and Ownership

QUBE APPS SOLUTIONS SDN. BHD shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) is and shall remain the property of QUBE APPS SOLUTIONS SDN. BHD.

QUBE APPS SOLUTIONS SDN. BHD reserves the right to grant licenses to use the Software to third parties.

 

Termination

This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to QUBE APPS SOLUTIONS SDN. BHD.

It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.

 

Terms of Use

  • Not to use or rely on the software whatsoever related thereto for “mission-critical” applications. “Mission-critical” applications shall mean applications that may result in damage if failed.
  • You acknowledge and agree that QUBE APPS SOLUTIONS SDN BHD may gather information and usage patterns, and as well as registration parameters provided by you, your software and configuration, provided that if published, it will be done only in an aggregate form without user names.
  • You agree that QUBE APPS SOLUTIONS SDN BHD may use this information provided by you and the Software, or information related to, for the purpose of target advertising, marketing, co-registration to other services by QUBE APPS SOLUTIONS SDN BHD or other parties, provided that if names are part of this information you had been given the advanced opportunity for the omission of your name.
  • Comply with any legal obligations, including but not limited to, obligations imposed by copyright, trademarks, patent, secrecy, defamation, decency, privacy, and export laws.
  • QUBE APPS SOLUTIONS SDN BHD may use your name in any customer reference list or any other release issued by QUBE APPS SOLUTIONS SDN BHD or any of its affiliates.
  • You expressly agree to accept and receive information about products, services, news, and events in any means, including without limitation by email.
  • The user is strongly advised to back up his data daily.
  • You as the user may not copy, or reproduce in any manner whatsoever this software and related instructional material.

 

Indemnity:

You agree to indemnify and hold harmless Qube Apps Solutions Sdn Bhd, its subsidiaries and affiliates from any claim, cost, expense, judgment, or other loss relating to your use of this website, including without limitation of the foregoing, any action you take which is in violation of the terms and conditions of this EULA.

 

Changes:

Qube Apps Solutions Sdn Bhd reserves the right, at its sole discretion, to change, modify, add or remove any portion of this EULA  in whole or in part, at any time. Changes in this EULA will be effective when notice of such change is posted. Your continued use of the Website after any changes to this EULA are posted will be considered acceptance of those changes. QUBE APPS SOLUTIONS SDN BHD may terminate, change, suspend, or discontinue any aspect of the QUBE APPS SOLUTIONS SDN BHD Website, including the availability of any features of the Site, at any time. QUBE APPS SOLUTIONS SDN BHD may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability. QUBE APPS SOLUTIONS SDN BHD may terminate the authorization, rights, and license given above and, upon such termination; you shall immediately destroy all Materials.

 

Governing Law

This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of Malaysia.