END-USER LICENSE AGREEMENT

 

 

This is a legal agreement between you and ADEV Ventures Sdn Bhd (“ADEV”) regarding your use of the “VIMIGO” software (the “Software”).

 

Acceptance

By accessing and/or using the Software, you agree to be bound by the terms of this End-User License Agreement (this “EULA”). If you do not agree to the terms of this EULA, you are not entitled to use the Software and must terminate the access.  Your use of the Software will be subject to this EULA.

 

License

Subject to the terms and conditions of this EULA and the Subscription Agreement, ADEV grants you a non-exclusive, non-transferable, non-assignable license (without right of sub license) to access and use the Software via the domain "admin.vimigoapp.com". the License is only intended for the subscriber pursuant to the Subscription Agreement entered between ADEV and you.

 

ADEV makes no warranties, nor express or implied representations whatsoever regarding the accuracy, completeness, timeliness, controversial nature or usefulness of any information contained or referenced in the tools or information contained herein.

 

In using the Software, you agree that neither ADEV nor any other party is or will be liable or otherwise responsible for any decision made or any action taken, or any action not taken due to your use of any information presented through the Software.

 

Restrictions

The Software and any related documentation are protected by applicable copyright laws and international treaty provisions. You may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software without the prior written consent of ADEV.  You may not assign this EULA or any of the rights or licenses granted under this EULA or rent, lease, or lend the Software to any person or entity. Any attempted sublicense, transfer, or assignment in violation of this EULA is void. You acknowledge that the Software contains proprietary trade secrets of ADEV and/or its licensors and suppliers.  You agree not to decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law.

 

 

Usage Rules and Requirements

You agree that your usage of the Software shall be subject to and governed by any usage requirements established from time to time by ADEV. You agree to use the Software only in accordance with these requirements.

 

 

Content, Copyrights, and Trademarks

The content made available by ADEV through the Software (the “Content”), including without limitation, video, text, photos, and graphics, is protected under applicable laws and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by ADEV and/or its licensors and suppliers. The entire contents of this Software are subject to copyright protection. You may not copy, modify, publish, transmit, sell, offer for sale, or redistribute the Content in any way without the prior written permission of ADEV.  You must abide by all copyright notices, information, or restrictions contained in or attached to any Content. The names, logos, and materials displayed in the Software constitute trademarks, trade names, service marks or logos (“Trademarks”) of ADEV or other entities. Unless otherwise noted, all outputs on this site and terms and conditions herein are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by ADEV and/or its subsidiaries and affiliates or by other parties that have licensed their material to ADEV.

 

All rights not expressly granted are reserved.

 

Ownership

The Software is licensed, and not sold, to you under this EULA.  You have no ownership rights in the Software, any services or functionality provided by the Software (“Services”) or any related documentation. ADEV retains all right, title, and interest in and to the Software and Services (including any changes, modifications, or corrections thereto) and any related documentation.

 

Updates to the Software 

ADEV may choose to provide updates to the Software from time to time in its sole discretion. To the extent that you choose to use any such updates to the Software, you acknowledge that you will be bound by the version of this EULA which is applicable as of the time you use any such update to the Software. ADEV does not represent or warrant that any future updates to the Software will provide the same functionality that is provided by the current version of the Software.

 

 

Disclaimer of Warranty

THE SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND SERVICES IS WITH YOU. SHOULD THE SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. ADEV AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SOFTWARE AND SERVICES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR USE OR PURPOSE. ADEV AND ITS SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS IN ANY RESPECT OR BE AVAILABLE AT ALL TIMES, OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT ERRORS IN THE SOFTWARE OR SERVICES OR NONCONFORMITY TO ITS OR THEIR DOCUMENTATION CAN OR WILL BE CORRECTED. YOU ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION ARE A MATERIAL INDUCEMENT AND CONSIDERATION TO ADEV AND ITS SUPPLIERS TO GRANT THE LICENSE CONTAINED IN THIS EULA AND TO PROVIDE YOU WITH ACCESS TO THE SERVICES.

 

Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL ADEV OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS EULA, YOUR USE OF OR INABILITY TO USE THE SOFTWARE OR SERVICES, OR YOUR USE OF OR RELIANCE ON ANY DATA OR OTHER INFORMATION YOU MAY ACCESS IN CONNECTION WITH YOUR USE OF THE SOFTWARE OR SERVICES, EVEN IF ADEV OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Indemnification

You agree to indemnify, defend and hold harmless ADEV, its officers, directors, employees, agents, suppliers and third-party partners from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of this EULA, to the fullest extent allowed by law.

 

 

Termination

This EULA is effective until it is terminated.  You may terminate this EULA at any time by stop accessing the Software or terminating the Subscription Agreement with ADEV. This EULA will automatically terminate if you violate any of the terms of this EULA.  Upon termination of this EULA, all license rights granted to you will immediately terminate. All other provisions of this EULA will survive such termination.

 

 

Miscellaneous

This EULA is the entire agreement between you and ADEV with respect to the subject matter of this EULA, and it supersedes any previous oral or written communications or documents (including, if you are obtaining an update, any agreement that may have been included with an earlier version of the Software). In no event will any additional or inconsistent term in any purchase order or similar document submitted by you modify the terms of this EULA.  This EULA is governed by the laws of Malaysia.  You agree that any dispute arising from or relating to this EULA will be subject to non-exclusive jurisdiction of Malaysian courts, and you hereby consent to personal jurisdiction and venue in and agree to service of process issued or authorized by, such court. If any provision of this EULA is found to be invalid or unenforceable, it will be enforced to the extent permissible and, to the extent invalid or unenforceable, such provision shall be deemed modified to the most limited extent necessary to be valid and enforceable, in accordance with applicable law, while still as fully as possible carrying out the intent of the original provision, and the remainder of this EULA will remain in full force and effect.  Failure by ADEV to prosecute any right with respect to a default hereunder will not constitute a waiver by ADEV of the right to enforce rights with respect to the same or any other breach.

 

 

Contact Us

You may contact us at:

 

ADEV Ventures Sdn Bhd
No. 16, Jalan Metro Pudu,
Fraser Business Park,
55200 Kuala Lumpur,
Wilayah Persekutuan Kuala Lumpur.