Saturday, 04 September 2010
- GENERAL SOFTWARE LICENSE
Software purchased under this Agreement is licensed as a single product intended to be run under one domain name and in one directory. If the would like to run the software on multiple domains you must purchase a separate license for each domain. You may not distribute copies of the Software or any accompanying written materials to others, in an altered or original state.
You may not copy any written materials accompanying the Software without express written authorization from Yng Solutions Pte. Ltd. The Software (including but not limited to any images, photographs, animations, audio, music, text, and anything incorporated into the Software) is owned by Yng Solutions Pte. Ltd. Therefore, You must treat the Software like any other copyrighted material. Proofs of infringement of copyright violations include but are not limited to similar code style and structures, similar layout and design, similar database design, and containing parts of the original Software source code. You may be held legally responsible for any infringement that is caused or encouraged by your failure to comply with the licensing provisions of this Agreement. Upon purchasing the Online Document Center Solution software, you are obligated to comply with this license agreement and any noncompliance will subject you to legal action.
In consideration of payment of the license fee, which is part of the price of the Software, Yng Solutions Pte. Ltd. grants to You the nonexclusive right to use the software for company/organizational/personal use. You may use the Software and/or code generated by any software component under only one domain that is owned, operated and is controlled by your REGISTERED LICENSED company, organization or personal identity. You are bound to this Agreement during Your entire possession time span of this Software, in its original or altered state. Online Document Center Solution reserves the rights to suspend, revoke or terminate your license to use the software if these terms are violated. See section 6 which discusses the License Agreement for termination procedures.
The trademarks, logos and service marks ("Marks") displayed on this Site; Software and any accompanying written materials are the property of Online Document Center Solution or other third parties. You are not permitted to use the Marks without the prior written consent of Online Document Center Solution or such third party that may own the Marks. - WARRANTY / DISCLAIMER INFORMATION
UNLESS EXPRESSLY PROVIDED OTHERWISE IN A SEPARATE AGREEMENT BETWEEN YOU AND YNG SOLUTION PTE. LTD. , ALL INFORMATION AND SOFTWARE ON AND FROM THIS SITE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Yng YNG SOLUTION PTE. LTD. ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS AT, REFERENCED BY, OR LINKED TO THIS SITE. YOU ASSUME THE ENTIRE RISK FOR THE RESULTS AND PERFORMANCE OF THE SOFTWARE. ANY REFERENCES TO CORPORATIONS AND/OR LIMITED LIABILITY COMPANIES, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL YNG SOLUTION PTE. LTD. OR ANYONE ELSE INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE OR ANY ACCOMPANYING WRITTEN MATERIALS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF OTHER MATERIALS, LOSS OF PROFITS, BUSINESS OR OTHER WORK INTERRUPTION, OR ANY OTHER PECUNIARY LOSSES, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND BASED ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE INFORMATION, SOFTWARE OR OTHER MATERIALS OBTAINED FROM USING THIS SOFTWARE OR FROM THE PERFORMANCE OR LACK OF PERFORMANCE OF THIS SOFTWARE. HAS NO LIABILITY FOR ERRORS OR OBLIGATION TO UPDATE Yng Solutions Pte. Ltd. SOFTWARE WHICH COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN; YNG SOLUTION PTE. LTD. MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SOFTWARE AND ANY OTHER PRODUCT'S) OR PROGRAM'S) DESCRIBED ON OUR SITE AT ANY TIME. YNG SOLUTION PTE. LTD. HAS NO OBLIGATION TO NOTIFY YOU OF ANY CHANGES OF THE SOFTWARE OR ANY OTHER PRODUCTS OR PROGRAMS. THESE CHANGES WILL BE INCORPORATED IN SOFTWARE AT ONLINE DOCUMENT SOLUTION, SOLE DISCRETION. - REMEDIES
In no event shall Online Document Center Solution Interactive, total liability to you for any and all damages, losses, and causes of action arising from or connected in anyway with this Agreement (including without limitation liability in contract, tort or under any other legal theory) ever exceed the INITIAL amount paid by You for the Software. INITIAL amount is defined as the first payment to purchase the software and DOES NOT include other fees incurred there after. This shall constitute Your sole and exclusive remedy. - LAW
This License Agreement shall be construed, interpreted and governed by the laws of the Republic of Singapore without regard to conflicts of laws provisions thereof. The exclusive forum for any disputes arising out of or relating to this License Agreement shall be an appropriate federal or state court sitting in Republic of Singapore. This License Agreement shall constitute the entire Agreement between the parties hereto. Yng Solutions Pte. Ltd. has the right to modify this agreement with each new release of the Software. You have the right to waive the modifications and opt to abide by the previous Agreement and choose not to accept the new Software release and the modified License Agreement where ever indicated. If a court of competent jurisdiction finds any part of this License Agreement invalid or unenforceable, the remainder of this License Agreement shall remain in full force and effect and shall be interpreted so as to reasonably affect the intention of the parties. Then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service and the Additional Terms shall continue in effect. - TERMINATION
This Agreement is effective IMMEDIATELY upon Your Software transfer from Yng Solutions Pte. Ltd., servers to your computer. Unless terminated sooner by Yng Solutions Pte. Ltd. any license granted by this Agreement terminates in accordance with the method and timeframes specified . Without prejudice to any other rights, Yng Solutions Pte. Ltd. may suspend, revoke, or terminate this Agreement if You fail to comply with any of its provisions. In such event, You must immediately delete all copies and instances of Online Document Center Solution Software's) from your possession within 24 hours of Online Document Center Solution License Agreement termination notice. IF YOU FAIL TO COMPLY WITH OUR TERMINATION PROCEDURE, LEGAL ACTIONS WILL BE TAKEN.
NO REFUNDS WILL BE GIVEN AFTER 30 days of purchase of the product. - INDEMNITY
You agree to defend, indemnify and hold Yng Solutions Pte. Ltd. harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from Your violation of these Terms of Service (including, without limitation, violation of applicable Additional Terms), or any third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of Your relationship with Yng Solutions Pte. Ltd. - SERVICE CONTACT
If You need to contact Yng Solutions Pte. Ltd. regarding the Online Document Center Solution Network, please visit our contact listings page at http://www.yng-solution.com/support.htm - LIMITATIONS OF LIABILITY AND DISCLAIMERS
Your access to and use of the Online Document Center Solution services of Online Document Center Solution, is at Your own risk. Yng Solutions Pte. Ltd. makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the Online Document Center Solution. Without limiting the foregoing, NEITHER YNG SOLUTIONS PTE. LTD. NOR ITS RESPECTIVE SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN THE ONLINE DOCUMENT SOLUTIONS FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ONLINE DOCUMENT CENTER SOLUTION AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL YNG SOLUTIONS PTE. LTD. OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION:- DAMAGES FOR LOSS OF USE, DATA, ACCOUNTS, REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE ONLINE DOCUMENT SOLUTION OR RELATED SERVICES, OR
- WITH THE DELAY OR INABILITY TO USE ONLINE DOCUMENT SOLUTION OR RELATED SERVICES;
- THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH ONLINE DOCUMENT SOLUTION; OR
- DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE ONLINE DOCUMENT SOLUTION , WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF YNG SOLUTIONS PTE. LTD. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THEREFORE IF YOU ARE IN SUCH A STATE/JURISDICTION AND ARE DISSATISFIED WITH ANY PORTION OF THE ONLINE DOCUMENT SOLUTION, OR WITH ANY OF THESE TERMS OF SERVICE OR THE ADDITIONAL TERMS, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ONLINE DOCUMENT SOLUTION AND ITS RELATED SERVICES AND PRODUCTS.
Without limiting the foregoing, Yng Solutions Pte. Ltd. is not responsible for any of Your data residing on Online Document Center Solution hardware or systems, including such hardware or systems provided to Online Document Center Solution by third parties. You are responsible for maintaining and backing-up Your data and information that may reside on the Online Document Center Solution hardware or systems, including such hardware or systems provided to Online Document Center Solution by third parties, whether or not such information is produced through the use of the Online Document Center Solution, including any information regarding the operation or use of Your Web site, catalogs, lists, order records, and other information You are providing or using in connection with Your use of the Online Document Center Solution. It is Your responsibility to take the necessary steps to ensure Your primary means of business is maintained. Yng Solutions Pte. Ltd. will not be liable for any damage, loss or disclosure of data, accounts, revenue or business arising out of or otherwise related to: (a) Your use of the Online Document Center Solution , its services or products; (b) Your customers' use of Your Web site hosted by or created through Online Document Center Solution and Your products and services; (c) use of the Online Document Center Solution by any other party to whom You have given access to Your company information for use of the Online Document Center Solution ; (d) errors, bugs or other defects in the Online Document Center Solution ; (e) lost company, customer or vendor information (e.g., billing information, credit card numbers, lost orders, etc.); (f) illegal or criminal activities, including but not limited to reliance on any information obtained on the Online Document Center Solution Web Hosting service; or (g) resulting from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses; delays in operation, or transmission, or any failure of performance; whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Online Document Center Solution records, programs or services. You are solely responsible for maintaining and backing-up any information regarding the operation or use of Your Web site, catalogs, lists, order records, and other information You are providing or using in connection with Your use of the Online Document Center Solution .
Yng Solutions Pte. Ltd. is not liable for Your actions with Your customers or vendors, or the use of their information, or for any other actions arising from Your use, or the use of other parties to whom You have given access to Your Online Document Center Solution information, through the use of the Online Document Center Solution .
Yng Solutions Pte. Ltd. is not involved in any transaction between You and Your buyer or seller or other third parties with whom you may have transactions through Your Web site or between You and any user of any products or services offered or provided by You or by a third party through the Online Document Center Solution . Yng Solutions Pte. Ltd. is not responsible for screening, censoring or otherwise controlling Your Web Site, or any listings or transactions offered or conducted via Your Web Site. You are deemed to have a direct commercial relationship with each third party that purchases goods or services from or undertakes any other transaction with You via Your Web site or through Yng Solutions Pte. Ltd. Yng Solutions Pte. Ltd. is not acting as your or any third party's agent in connection with the operation of Online Document Center Solution. You are solely responsible for: (a) processing customer orders or other transactions; (b) verifying the validity of incoming customer orders before finalizing the order; (c) informing customers of the status of such orders or transactions; (d) providing all customer support related to such orders or transactions (e.g., lost orders, billing disputes, payments, etc.); and, (e) determining, collecting and remitting to the appropriate authority all taxes (if any) arising from or related to such orders or transactions. Further, because Yng Solutions Pte. Ltd. is not involved in any orders or other transactions between You and other users of Online Document Center Solution or other marketplace forums, Yng Solutions Pte. Ltd. cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transactions or the purchase or sale of listed goods or otherwise.
Unless otherwise expressly stated in these Terms of Service, Yng Solutions Pte. Ltd. is not responsible, and will have no liability for any lost, disputed or fraudulent payment or tenders of payment, or other disputes arising between You and customers . Yng Solutions Pte. Ltd. makes no guarantee about the reliability or accuracy of these products or services, or the results obtained from using Online Document Center Solution or the Online Document Center Solution .
- INDEMNITY
You agree to defend, indemnify and hold Yng Solutions Pte. Ltd. and its suppliers harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from Your violation of these Terms of Service (including, without limitation, violation of applicable Additional Terms), or any third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of Your relationship with Yng Solutions Pte. Ltd. or Your use of Online Document Center Solution and the Online Document Center Solution . - ACCESS RESTRICTION; ACCOUNT SECURITY AND PASSWORDS
You are responsible for safeguarding the confidentiality of Your account information (including password's) and user name's) issued to You) and for any use or misuse of Your account or the Online Document Center Solution resulting from any third party using a password or user name issued to You. You agree to notify Yng Solutions Pte. Ltd. immediately of any known or suspected unauthorized access to or use of Your account, Your password, the password of any individual user to whom You have issued a login ID or any other breach of security or misuse of the Online Document Center Solution known to or suspected by You. You may change Your password at any time by following instructions on the Online Document Center Solution Web site.
You hereby authorize Yng Solutions Pte. Ltd. to rely on any data, notice, instruction or request furnished by You to Yng Solutions Pte. Ltd. or that Yng Solutions Pte. Ltd. reasonably believes to have been furnished by You. You are solely responsible for maintaining the confidentiality of Your account information and monitoring usage of Your account. Yng Solutions Pte. Ltd. is not responsible for fraud of participants or of other users of Your account. - GENERAL
If You have made this agreement with Yng Solutions Pte. Ltd. these Terms of Service and the Additional Terms are governed by the laws of the Republic of Singapore.
You agree that no joint venture, partnership, employment, or agency relationship exists between You and Yng Solutions Pte. Ltd. as a result of these Terms or Service or use of Online Document Center Solution.
Yng Solutions Pte. Ltd. performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Service are in derogation of Yng Solutions Pte. Ltd. right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Online Document Center Solution or information provided to or gathered by Online Document Center Solution with respect to such use.
If any part of these Terms of Service or the Additional Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service and the Additional Terms shall continue in effect.
Unless otherwise specified herein, these Terms of Service, the Additional Terms and the Privacy Statement constitute the entire agreement between the user and Yng Solutions Pte. Ltd with respect to The Online Document Center Solution and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Yng Solutions Pte. Ltd. with respect to the Online Document Center Solution.
A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in any judicial or administrative proceedings or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Yng Solutions Pte. Ltd. may: (1) generate print copies of its electronic records and introduce them in evidence as original documents; and (2) use its electronic records to show and prove Your agreement or consent in any manner, including without limitation, to show that a procedure existed by which You must have provided consent or engaged in conduct to obtain its services or Products.
The example companies, organizations, products, people and events depicted within The Online Document Center Solution are fictitious. No association with any real company, organizations, product, person or event is intended or should be inferred.
Yng Solutions Pte. Ltd. is not obligated to monitor the content on the Online Document Center Solution. Online Document Center Solution reserves the right to disclose any information, content, or materials as necessary to satisfy any applicable law, regulation, legal process or government. Online Document Center Solution reserves the right to edit, refuse to post or to remove any information, content, or materials, in whole or in part, from the Online Document Center Solution Web sites, in Online Document Center Solution sole discretion, without notice at any time.
Any rights not expressly granted herein are reserved by Online Document Center Solution, including all legal and equitable remedies available to Online Document Center Solution for violation of any of these Terms of Service. - TERMS RELATED TO FEES AND BILLING
You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of Your Online Document Center Solution account by you. Online Document Center Solution reserves the right to modify the fees charged for Online Document Center Solution products and services from time to time, provided that such new fees shall not take effect earlier than thirty (30) days after Online Document Center Solution notifies You via email or otherwise of such modified fees. - COPYRIGHT AND TRADEMARK NOTICES
All contents of the Online Document Center Solution are: under the ownership control, license and dominion of Yng Solutions Pte. Ltd. 111 North Bridge Rode # 08-30 Peninsula Plaza 179098 Co. Reg. No. 200818691H - TRADEMARKS
Online Document Center Solution is either a trademark or registered trademark of Yng Solutions Pte. Ltd. The names of actual companies and products mentioned therein may be the trademarks of their respective owners.
YNG SOLUTIONS PTE. LTD. RESERVES THE RIGHT, AT ITS DISCRETION TO SUSPEND OR TERMINATE ANY ACCOUNT'S) DUE TO ACTS WHICH CONSTITUTE THE VIOLATION OF THE ABOVE TERMS, DEPENDING ON THE SEVERITY OF THE SITUATION WITHOUT PRIOR NOTICE TO THE CUSTOMER. NO REFUNDS FOR THE BALANCE TERM WILL BE MADE FOR ACCOUNTS TERMINATED DUE TO A BREACH OF THIS AGREEMENT.
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