End User License Agreement
 
This End-User Software License Agreement and Terms and Conditions govern the use of the accompanying software. By clicking on the "I Agree" Button to install the software, you agree to all the terms of this agreement. If you do not agree to any of the terms of this agreement, then you should cancel the installation of the software. We may change these terms at any time by posting changes on our website; such changes shall become effective within thirty (30) days of such posting. Please review these terms regularly to ensure you are aware of these changes. Your continued use of the software after the expiry of the 30-day period shall constitute your acceptance to the changes.

I. Jurisdiction & Governing Law
ITLink Business Solutions (S) Pte Ltd (“ITLink”) is a company incorporated in Singapore. This agreement shall be governed by the laws of Singapore.

II. Downloading of Software
Although ITLink has a strict policy of checking all software available for downloading, and uses up-to-date virus scanning technology, ITLink does not warrant and guarantee that the Software available for downloading through the ITLink site will be free of infection or viruses, worms, trojan horses or other disabling or destructive contaminating codes. ITLink therefore will not be liable for any loss or damage to the computer on which you run the Software, or to other contents of the computer on which you run the Software, or any consequential losses. You are responsible for implementing sufficient safeguards to protect the integrity of your computer and systems and for the backup of your data.

III. No warranties
i. The Software is provided on an "as-is" and "as available" basis, and you assume all risks for the use of the Software. To the extent permitted under any applicable law, ITLink does not provide any warranty and representations of any kind, including without limitation, the warranties that it is free of defects, disabling programs, merchantable, fit for a particular purpose, or non-infringing. (To the best of ITLink’s knowledge, the Software has been free of defects, disabling programs, and found to be satisfactory by all previous customers.)
ii. In addition, while reasonable commercial efforts are made to deliver high quality software, the Software has inherent limitations, and you must satisfy yourself as to the compatibility, security, quality, or fitness of the Software in respect of the particular use which you have in mind. Should the Software prove defective in any respect, you and not ITLink assume the entire cost of any service and repair.
iii. Please note that there may be situations where ITLink has no alternative but to modify, upgrade, suspend or discontinue the service (or part thereof), and it may not be possible for ITLink to notify you in advance. You agree that ITLink will not be liable to you or any third party for such modification, upgrading, suspension or discontinuance.

IV. Limitation of Liability
i. To the maximum extent permitted by the applicable law, ITLink will not be liable for any direct, indirect, special, incidental, punitive, exemplary, or consequential damages arising out of the use of, delay or inability to use or use of the Software. These include without limitation, damages for loss of goodwill, loss of data, work stoppage, computer failure or malfunction, or any other commercial damages or losses.
ii. In any case, ITLink's entire liability under any provision of this agreement shall not exceed in the aggregate the sum of the fees you paid directly to ITLink for this license (if any), and fees for support of the Software received by ITLink directly from you under a separate support agreement (if any).
iii. Where the applicable law in any jurisdiction does not recognize or restricts limitation or exclusion clauses, the liability will be limited as far as legally possible under the applicable law.
iv. ITLink will also not be liable for any loss arising from: -
a) your use of or reliance on equipment and other software in conjunction with the software;
b) the acts or omissions of other service providers (including but not limited to internet service providers); or
c) the improper or incorrect use of the Software or any equipment in conjunction with the Software, as they are not within the control of ITLink.
v. Further, ITLink is not responsible for any liability arising out of content provided by you or a third party that is accessed through the Software and/or any material linked through such content.

V. License Grant
ITLink grants you a non-exclusive and non-transferable license to use for personal or internal business purposes the executable code version of the Software, provided that any copy must contain all of the original proprietary notices and the executable code version of the Software must not be modified in any way. This license does not entitle you to receive from ITLink hard-copy documentation, technical support, telephone assistance, or enhancements or updates to the Software. You may not customize the Software unless you have separately entered into an agreement with ITLink permitting you to do so. You may not redistribute the Software unless you have separately entered into a distribution agreement with ITLink.

VI. Restrictions
i. Except as otherwise expressly permitted in this agreement, or in another ITLink agreement to which you are a party, you may not: -
a) modify or create any derivative works of the Software or documentation, including translation or localization;
b) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Software;
c) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Software;
d) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software.
ii. You agree that you shall only use the Software in a manner that complies with all applicable laws in the jurisdictions in which you use the Software and documentation.
iii. You may not use the Software in an attempt to, or in conjunction with, any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.

VII. Proprietary Rights
Title, ownership rights, and intellectual property rights in the Software shall remain in ITLink. You acknowledge such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with ITLink's ownership of or rights with respect to the Software. The Software is protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and may be protected by applicable law. The license granted under this agreement gives you no rights to such content.

VIII. Alpha Release, Beta Release or Pre-release Versions
i. If the Software is an alpha release, beta release or pre-release version, the terms of this section shall apply. Your license to use the Software expires 14 days after installation (or such other period as indicated by the Software) and the Software may cease to function. The Software you are receiving may contain more or less features than the commercial release of the ITLink Software that ITLink intends to distribute.
ii. While ITLink intends to distribute a commercial release of the Software, it reserves the right at any time not to release a commercial release of the Software, or if released, to alter features, specifications, capabilities, functions, licensing terms, release dates, general availability, or other characteristics of the commercial release. You agree that the alpha release, beta release or pre-release versions are not suitable for production use and may contain errors affecting their proper operation and may cause loss of data or cause other damage to the device on which they are run. You agree that you will not do anything to circumvent or defeat the features designed to stop the Software from operating after the license expires.

IX. Usage Costs
You are responsible for any connectivity charges incurred through use of the Software. ITLink warrants that there are no "hidden charges”.

X. Termination
Without prejudice to any other rights, ITLink may terminate this agreement if it has reasonable grounds to believe that you have breached or if you breach any of its terms and conditions. Upon termination, you shall destroy all copies of the Software.

XI. Indemnity
You agree to defend, indemnify and hold harmless ITLink and its affiliates from and against any and all third-party claims, actions (whether civil or criminal), damages, liabilities, costs and expenses, including legal fees on a full indemnity basis, arising out of or relating to a breach of the License terms or otherwise relating to your use of the Software or the use of your account or any alleged violation of a third party's rights.

XII. Dispute Resolution
i. Any arbitration shall be conducted under the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC") before one (1) arbitrator to be appointed by the SIAC and conducted in Singapore in the English language. The law of the arbitration shall be governed by the International Arbitration Act 1994 (Cap 143A). Litigation in court may be resorted to only to compel arbitration under this agreement or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrator.
ii. You must commence an arbitration by filing a demand for arbitration with the SIAC within ONE (1) YEAR after the date you first know or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for you for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, the claim must be asserted within the shortest time period in excess of one year that is permitted by applicable law.
iii. To the fullest extent permitted by the applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other current or former licensee of ITLink, whether through class arbitration proceedings or otherwise; no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration hereunder (unless determined in another proceeding between you and ITLink); and no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and ITLink).
iv. To the extent that you have breached or have indicated your intention to breach this agreement in any manner which violates or may violate ITLink's intellectual property rights, or may cause continuing or irreparable harm to ITLink, ITLink may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction notwithstanding clause XII (i).

XIII. MISCELLANEOUS
i. Entire Agreement. This agreement constitutes the entire agreement between the parties concerning the subject matter hereof.
ii. Severability. If any part of these terms is found to be unenforceable it will not affect the enforceability of the remainder of the terms.
iii. Language. The controlling language of this agreement is English. If you have received a translation into another language, it has been provided for your convenience only.
iv. No waiver. The failure of ITLink to require performance of any provisions in this agreement shall not affect its right at a later time to enforce compliance with the same.
v. Survival of terms. The provisions of this agreement which require or contemplate performance after the expiration or termination of this agreement shall be enforceable notwithstanding its expiration or termination.
vi. No assignment. You may not assign or otherwise transfer this agreement without the prior written consent of ITLink.
vii. Successors. This agreement shall be binding upon and shall inure to the benefit of the parties, their successors, and permitted assigns.
viii. Events beyond control. ITLink shall not be liable for any delay, failure in performance, or interruption of service resulting from any cause beyond its reasonable control.
ix. Professional services. If any ITLink professional services are being provided, then such professional services are provided pursuant to the terms of a separate services agreement between ITLink and yourself. Parties acknowledge that such services are acquired independently of the Software licensed hereunder, and that provision of such services is not essential to the functionality of such Software.

END OF END-USER LICENSE AGREEMENT