::: TERMS AND CONDITIONS / TERMS OF SERVICE :::
Terms & Conditions of using www.Softwaremaker.Net ("WEB SITE"), including but not limited to Text, Content, Web Applications, Web Services, Photographs, Video, Audio and Graphics, if any, (the "SERVICES")
PLEASE READ THESE TERMS AND CONDITIONS OF SERVICES BEFORE USING THIS WEB SITE. By continuing to access or use this site, or any SERVICES on this site, you signify YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SERVICES. From time to time, Softwaremaker.Net Pte Ltd may modify these terms and conditions. Accordingly, please continue to review these terms and conditions of SERVICES whenever accessing or using this site. Your use of the site, or any SERVICES on this site, after the posting of modifications to these terms and conditions of SERVICES will constitute YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF SERVICES, as modified. If, at any time, you do not wish to accept the terms and conditions of SERVICES, you may not use the site. Any terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of SERVICES are expressly rejected by Softwaremaker.Net Pte Ltd and shall be of no force or effect.
1. User Consent to Terms and Conditions of SERVICES. You represent that you have read and agree to be bound by the terms and conditions of SERVICES ("TOS") for Softwaremaker.Net Pte Ltd. You further agree: (a) to comply with all relevant laws (whether the laws of Singapore or otherwise) regarding the transmission of any data obtained from the SERVICES (as defined herein) in accordance with the TOS, (b) not to use the SERVICES for illegal purposes, and (c) not to interfere or disrupt networks connected to the SERVICES.
2. Intellectual Property. This WEB SITE is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of Singapore and other countries. The SERVICES are also protected as a collective work or compilation under Singapore copyright and other laws and treaties. All individual articles, columns and other elements making up the SERVICES are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the SERVICES.
3. Restrictions on Use. You may not use the SERVICES for any illegal purpose or in any manner inconsistent with the TOS. You agree to use the SERVICES solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute or dispose of any information contained in the SERVICES in any manner that could compete with the business of Softwaremaker.Net Pte Ltd. You acknowledge that the SERVICES has been developed, compiled, prepared, revised, selected and arranged by Softwaremaker.Net Pte Ltd and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of Softwaremaker.Net Pte Ltd and such others. You agree to protect the proprietary rights of Softwaremaker.Net Pte Ltd and all others having rights in the SERVICES during and after the term of this agreement and to comply with all reasonable written requests made by Softwaremaker.Net Pte Ltd or its suppliers of content, equipment or otherwise ("Suppliers") to protect their and others' contractual, statutory and common law rights in the SERVICES. You agree to notify Softwaremaker.Net Pte Ltd in writing promptly upon becoming aware of any unauthorized access or use of the SERVICES by any party or of any claim that the SERVICES infringes upon any copyright, trademark or other contractual, statutory or common law rights.
4. Further Restrictions on Use. YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE SERVICES, [EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE SERVICES AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES.] THE ANALYSIS AND PRESENTATION INCLUDED IN THE SERVICES MAY NOT BE RECIRCULATED, REDISTRIBUTED OR PUBLISHED BY YOU WITHOUT SOFTWAREMAKER.NET PTE LTD'S PRIOR WRITTEN CONSENT. MODIFICATION OF THE SERVICES'S CONTENT WOULD BE A VIOLATION OF SOFTWAREMAKER.NET PTE LTD'S COPYRIGHT AND OTHER PROPRIETARY RIGHTS. ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF THE SERVICES FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO OVER-THE-AIR TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF SOFTWAREMAKER.NET PTE LTD. [THE SERVICES AND THE INFORMATION CONTAINED THEREIN MAY NOT BE USED TO CONSTRUCT A DATABASE OF ANY KIND. NOR MAY THE SERVICES BE STORED (IN ITS ENTIRETY OR IN ANY PART) IN DATABASES FOR ACCESS BY YOU OR ANY THIRD PARTY OR TO DISTRIBUTE ANY DATABASE SERVICES CONTAINING ALL OR PART OF THE SERVICES. YOU MAY NOT USE THE SERVICES IN ANY WAY TO IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY.] [FURTHERMORE, YOU MAY NOT USE ANY OF SOFTWAREMAKER.NET PTE LTD'S TRADEMARKS, TRADE NAMES OR SERVICES MARKS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH SOFTWAREMAKER.NET PTE LTD'S CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS.] YOU WILL NOT USE THE SERVICES OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. [YOU WILL NOT USE ANY OF SOFTWAREMAKER.NET PTE LTD'S TRADEMARKS, TRADE NAMES OR SERVICES MARKS IN UNSOLICITED MAILINGS OR SPAM MATERIAL.] YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE SERVICES. YOU AGREE TO COMPLY WITH ANY OTHER APPLICABLE TERMS AND CONDITIONS OF SERVICES SET FORTH ON THE SERVICES, INCLUDING THE LINKING AND FRAMING POLICY.
5. License. You acquire absolutely no rights or licenses in or to the SERVICES and materials contained within the SERVICES other than the limited right to utilize the SERVICES in accordance with the TOS. Should you choose to download content from the SERVICES, you must do so in accordance with the TOS. Such download is licensed to you by Softwaremaker.Net Pte Ltd ONLY for your own personal, noncommercial use in accordance with the TOS and does not transfer any other rights to you.
6. Rights Reserved. All present and future rights in and to trade secrets, patents, copyrights, trademarks, SERVICES marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the SERVICES (the "Intellectual Property Rights") shall, as between you and Softwaremaker.Net Pte Ltd, at all times be and remain the sole and exclusive property of Softwaremaker.Net Pte Ltd. All present and future rights in and title to the SERVICES (including the right to exploit the SERVICES and any portions of the SERVICES over any present or future technology) are reserved to Softwaremaker.Net Pte Ltd for its exclusive use. Except as specifically permitted by the TOS, you may not copy or make any use of the SERVICES or any portion thereof. Except as specifically permitted herein, you shall not use Softwaremaker.Net Pte Ltd's Intellectual Property Rights or the SERVICES, or the names of any individual participant in, or contributor to, the SERVICES, or any variations or derivatives thereof, for any purpose, without Softwaremaker.Net Pte Ltd's prior written approval.
7. Fees and Payments. Softwaremaker.Net Pte Ltd reserves the right at any time to charge fees for access to portions of the SERVICES or the SERVICES as a whole. If at any time Softwaremaker.Net Pte Ltd requires a fee for portions of the SERVICES or the SERVICES as a whole, Softwaremaker.Net Pte Ltd will require you to register and create an account. In no event will you be charged for access to portions of the SERVICES or to the SERVICES unless Softwaremaker.Net Pte Ltd obtains your prior agreement to pay such charges. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or SERVICES offered for sale through the SERVICES by Softwaremaker.Net Pte Ltd or by any other vendor or SERVICES provider. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of the SERVICES through your account, and the purchase of any other products or SERVICES. Certain portions of the SERVICES or the SERVICES as a whole may require a prepaid fee ("Prepaid Fee"). The Prepaid Fee, and all taxes and other fees related thereto will be paid by you in advance. In no event will you receive any portions of the SERVICES or the SERVICES as a whole if a Prepaid Fee is required unless Softwaremaker.Net Pte Ltd receives all fees and charges payable by you, including the Prepaid Fee.
8. Registration and Account Creation. As part of the registration and account creation process necessary to obtain access to portions of the SERVICES that require a fee or payment, you will select a subscriber identification ID and a password. You will provide Softwaremaker.Net Pte Ltd with certain registration information, all of which must be accurate and updated. You shall not (i) select a subscriber ID already used by another person; (ii) use a subscriber ID in which another person has rights without such person's authorization; or (iii) use a subscriber ID or password that Softwaremaker.Net Pte Ltd, in its sole discretion, deems offensive or inappropriate. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify Softwaremaker.Net Pte Ltd at Support@Softwaremaker.Net of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You are solely responsible for all usage or activity on your Softwaremaker.Net Pte Ltd account, including but not limited to use of the account by any third party authorized by you to use your subscriber ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, in Softwaremaker.Net Pte Ltd's sole discretion, and Softwaremaker.Net Pte Ltd may refer you to appropriate law enforcement agencies. You may terminate your account at any time by sending an e-mail to Support@Softwaremaker.Net upon termination, you will receive an automated confirmation via e-mail that the request was received, and your account will be terminated within two (2) business days. You are responsible for all charges incurred up to the time the account is terminated.
9. Disclaimer and Limitation of Liability. You agree that your use of the SERVICES is at your sole risk and acknowledge that the SERVICES and anything contained therein, including, but not limited to, content, SERVICES, goods, recommendations or advertisements (the "Items") are provided "AS IS" and that Softwaremaker.Net Pte Ltd makes no warranty of any kind, express or implied, as to the Items, including, but not limited to, merchantability, noninfringement, title or fitness for a particular purpose or use. Softwaremaker.Net Pte Ltd does not warrant that the SERVICES is compatible with your equipment or that the SERVICES is free of errors or viruses, worms or "Trojan horses" and is not liable for any damage you may suffer as a result of such destructive features. You agree that Softwaremaker.Net Pte Ltd, its Suppliers and its third-party agents shall have no responsibility or liability for (i) any injury or damages, whether caused by the negligence of Softwaremaker.Net Pte Ltd, its employees, subcontractors, agents, Suppliers or otherwise arising in connection with the SERVICES and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against Softwaremaker.Net Pte Ltd by any other party or (ii) any fault, inaccuracy, omission, delay or any other failure in the SERVICES caused by your computer equipment or arising from your use of the SERVICES on such equipment. The content of other Web sites, SERVICES, goods or advertisements that may be linked to the SERVICES is not maintained or controlled by Softwaremaker.Net Pte Ltd. Softwaremaker.Net Pte Ltd is therefore not responsible for the availability, content or accuracy of other Web sites, SERVICES or goods that may be linked to, or advertised on, the SERVICES. Softwaremaker.Net Pte Ltd does not (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the SERVICES, (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods or advertisements that may be linked to the SERVICES or (c) make any endorsement, express or implied, of any other Web sites, SERVICES, goods or advertisements that may be linked to the SERVICES. Softwaremaker.Net Pte Ltd is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the SERVICES. You understand that Softwaremaker.Net Pte Ltd and/or third-party contributors to the SERVICES may choose at any time to inhibit or prohibit their content from being accessed under the TOS.
10. Further Disclaimer and Limitation of Liability. You acknowledge that (i) the SERVICES is provided for information purposes only (ii) Softwaremaker.Net Pte Ltd does not guarantee the sequence, accuracy, completeness or timeliness of the SERVICES and (iii) the provision of certain parts of the SERVICES is subject to the terms and conditions of other agreements to which Softwaremaker.Net Pte Ltd is a party. Accordingly, anything to the contrary herein set forth notwithstanding, Softwaremaker.Net Pte Ltd, its officers and employees, general partner, affiliates, subsidiaries, successors and assigns, Suppliers and its third-party agents shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (i) inaccuracies or errors in or omissions from the SERVICES; (ii) delays, errors or interruptions in the transmission or delivery of the SERVICES; or (iii) loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.
11. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL Softwaremaker.Net Pte Ltd, ITS SUPPLIERS AND ITS THIRD-PARTY AGENTS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF A Softwaremaker.Net Pte Ltd AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICES OR ANY LINKS OR ITEMS ON THE SERVICES OR ANY PROVISION OF THE TOS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall Softwaremaker.Net Pte Ltd's total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you, if any, for accessing this site.
12. Representations and Warranties. You represent, warrant and covenant that: (a) you have the power and authority to enter into this agreement; (b) you are at least eighteen (18) years old; (c) you shall not use any rights granted hereunder for any unlawful purpose; and (d) you shall use the SERVICES only as set forth in the TOS.
13. Indemnification. You agree, at your own expense, to indemnify, defend and hold harmless Softwaremaker.Net Pte Ltd and its employees, representatives, Suppliers and agents, against any claim, suit, action or other proceeding brought against Softwaremaker.Net Pte Ltd, its employees, representatives, Suppliers and agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against Softwaremaker.Net Pte Ltd, its employees, representatives, Suppliers and agents is based on or arises in connection with the SERVICES, or any links on the SERVICES, including, but not limited to: (i) your use or someone using your computer's use of the SERVICES; (ii) your use or someone using your account, where applicable; (iii) a violation of the TOS by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the SERVICES by you or someone using your computer (or account, where applicable) infringes any Intellectual Property Right (as herein defined) of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the SERVICES by you or someone using your computer (or account, where applicable); (vi) any misrepresentation or breach of representation or warranty made by you contained herein: or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
14. Termination. Either you or Softwaremaker.Net Pte Ltd may terminate the TOS with or without cause at any time and effective immediately. You may terminate the TOS by discontinuing use of the SERVICES and destroying all materials obtained from the SERVICES. These TOS will terminate immediately without notice from Softwaremaker.Net Pte Ltd if you, in Softwaremaker.Net Pte Ltd's sole discretion, fail to comply with any provision of these TOS. Upon termination by you or upon notice of termination by Softwaremaker.Net Pte Ltd, you must destroy promptly all materials obtained from the SERVICES and any copies thereof.
15. Governing Law. These TOS shall be governed and construed in accordance with the laws of the Singapore. You agree to submit to the non-exclusive jurisdiction of the Singapore Courts with respect to any legal proceedings that may arise in connection with the SERVICES or from a dispute as to the interpretation or breach of the TOS.
16. Access Outside Singapore. Softwaremaker.Net Pte Ltd does not represent that materials in the SERVICES are appropriate or available for use in countries outside Singapore. If you choose to access the SERVICES from outside Singapore, you are responsible for compliance with foreign and local laws.
17. Miscellaneous. You accept that Softwaremaker.Net Pte Ltd has the right to change the content or technical specifications of any aspect of the SERVICES at any time at Softwaremaker.Net Pte Ltd's sole discretion. You further accept that such changes may result in your being unable to access the SERVICES.
18. Headings. The section titles in the TOS are used solely for the convenience of you and Softwaremaker.Net Pte Ltd and have no legal or contractual significance.
19. Severability. If any provision of the TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these TOS will remain in force.
20. Entire Agreement. The TOS and any other terms and conditions of SERVICES on www.Softwaremaker.Net, and its successor, constitute the entire agreement between you and Softwaremaker.Net Pte Ltd and govern your use of the SERVICES.