justSAMit  
 

TERMS OF USE

PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE ACCEPTING, AND/OR BEFORE REGISTERING FOR THE SERVICES AND/OR DOWNLOADING OR INSTALLING THE SYSTEM (DEFINED BELOW). THIS AGREEMENT IS EFFECTIVE BETWEEN YOU AND ISA INNOVATION. AS OF THE DATE YOU ACCEPTING THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SYSTEM.

Definitions.

“justSAMit.com”, “The Company”, "We," " Us" or " Our" means ISA Innovation Sdn. Bhd, with a registered business at 2.02, Level 2, 1 First Avenue, Bandar Utama, 47800 Petaling Jaya, Selangor, Malaysia.

"You" or "Your" means the company or other legal entity for which you are accepting this Agreement.

 “Client” means any supported workstation, server or laptop as described in the Website (at: http://www.justsamit.com) (the "Website"), developed, operated, and maintained by ISA Innovation.

"Agent" or “Agents” means the justSAMit.com Software downloaded and installed on the Client for the use of the Services and Software.

"Service(s)" means the justSAMit.com’s online service as described in the Website (at: http://www.justsamit.com) (the "Website"), developed, operated, and maintained by ISA Innovation.

“Software” means an Agent downloaded to Your Client and the software code used as part of the Service, both in connection with the Services rendered under this Agreement, together with all other related and accompanying documentation (the "Documentation"), provided by justSAMit.com via the Service, and any update or a new release of the Software.

"System" means the Software, the Services, the Agents and all associated processes.

"Your Data" means all electronic data or information submitted by You to the justsamit.com.

Agents. justSAMit.com grants You a non-exclusive, non-transferable and fully revocable right to download the Agents and to distribute an unlimited number of Agents to Your Clients for the sole purpose of providing the Services to You. You may distribute Agents by various means as described in the Website. You may disable, re-assign, or remove an Agent at any time and from any Device. justSAMit.com may from time to time withdraw support for specific device types and makes no commitment to support new device types as they become available. justSAMit.com Agents collect data from Your Clients, and uses the data for the sole purpose of rendering the Services, and You hereby waive any and all claims against justSAMit.com with respect to breach of privacy.

Service. Subject to the terms and conditions of this Agreement. justSAMit.com hereby grants You, and You hereby accept, a non-exclusive, non-transferable and fully revocable right to use the Services subject to registration by You to the Website. justSAMit.com will provide the Services selected by the You upon the registration to the Website.

Use of System. Unauthorized copying of the System in whole or in part is expressly forbidden. Notwithstanding the above, the System is licensed to You solely for Your own internal use, to be made by You and for Your own operations. Neither the System nor any portion thereof may be used by or on behalf of, accessed by, re-sold to, returned to, or distributed to any other party. You agree not to allow others to use the System, except as expressly authorized in this Agreement, and You will not use the System for the benefit of third parties.

The Service may also be used by your contractors under obligation of non-disclosure solely for the benefit of you.  You shall ensure that each person authorized to use the Service under the terms of this Agreement is informed of and agrees to conform to the obligations of yours hereunder.  You may not use the Service to offer data processing services to third parties, including but not limited to timesharing, facilities management, outsourcing or service bureau use, or for any other third party commercial purpose or gain.

Ownership of the Data. To facilitate industry benchmarks, indices and enhancements to our Service, you hereby grant to ISA Innovation a non-exclusive, worldwide, irrevocable, royalty-free license to use the data derived from your use of the Products in an aggregated and anonymous manner.

 Fees.  justSAMit.com reserves the right to modify the Fees at any time, upon 30 days prior written notice to You, which notice may be provided by e-mail or at the Website.

Term and Termination. This Agreement commences on the date You accept it and continues until your termination. This Agreement may be terminated by either party upon thirty (30) days’ prior written notice if the other party materially breaches this Agreement and fails to cure the breach within such 30-day period.  justSAMit.com may suspend Client’s access to the Services upon ten (10) days’ prior written notice if (i) Client fails to pay the Company amounts due within thirty (30) days after their due date or (ii) if Client fails to abide by the requirements set forth in this Agreement within such ten-day period. Upon termination, We shall have no obligation to maintain or provide any of Your Data in Our systems or otherwise in Our possession or under Our control.

Limitation on Warranty justSAMit.com does not warrant that the use of the System will be uninterrupted or that use of the System will be error free or completely secure. We shall: (i) use commercially reasonable efforts to make the Purchased Services available 24 hours a day, 7 days a week, except for: (a) planned downtime or (b) any unavailability caused by circumstances beyond Our reasonable control.

Limitation of Liability. IN NO EVENT WILL THE LIABILITY OF EITHER PARTY EXCEED THE AMOUNTS PAID TO THE COMPANY BY YOU FOR THE SERVICES GIVING RISE TO THE CLAIM OVER THE IMMEDIATELY PRECEDING TWELVE (12) MONTH PERIOD. YOU HEREBY FURTHER AGREE THAT IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE, ARISING OUT OF THE PERFORMANCE, USE OF, OR INABILITY TO USE, ALL OR PART OF EITHER THE SOFTWARE, EVEN IF ISA INNOVATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Changes to Terms. We may make changes to this Agreement from time to time. When these changes are made, We will make a new copy of the Terms available on this web page. You understand and agree that if you use the justSAMit.com after the date on which this Agreement has changed, We will treat Your use as acceptance of the updated Terms..

Entire Agreement. This Agreement and any Schedule(s) thereto including the Service Order, sets the entire understanding and agreement between You and ISA Innovation, it supersedes any prior proposal, representation and understanding concerning the System, and may be amended only in writing signed by both parties. If You are a corporation, partnership or similar entity, then the license to use the System granted hereunder is deemed to be accepted by a person authorized to sign for and bind the entity.

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