End-User License Agreement for TaxSaya

NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY CLICKING THE “I ACCEPT” BUTTON TO ACKNOWLEDGE AGREEMENT TO BE BOUND, DOWNLOADING, INSTALLING, USING OR COPYING ALL OR ANY PORTION OF THIS TaxSaya SOFTWARE ("SOFTWARE") YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE.

EA-LINK SYSTEM SDN. BHD. (“EA-LINK”) owns all intellectual property in the Software. EA-LINK permits you to Use the Software only in accordance with the terms of this Agreement. Use of some third party materials included in the Software may be subject to other terms and conditions typically found in a separate license agreement. This can be found in a “Read Me” file located near such materials.

1. Definitions. "Software" means (a) all of the contents of the files (provided either by electronic download, on physical media or any other method of distribution), disk(s), CD-ROM(s) or other media with which this Agreement is provided. "Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g. volume license) granted by EA-LINK. "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions. "EA-LINK" means EA-LINK Systems Sdn. Bhd. (Company No: 414230-V), a private limited company incorporated under the Malaysian Companies Act 1965 whose registered address is at 6, First Floor, Jalan SS 2/61, 47300 Petaling Jaya, Selangor Darul Ehsan, Malaysia.

2. Software License. If you obtained the Software from EA-LINK or one of its authorized licensees, and subject to your compliance with the terms of this agreement (this "Agreement"), including the restrictions in Clause 3, EA-LINK grants to you a non-exclusive license to Use the Software for the purposes described in the Parameters of Use found at http://www.TaxSaya.com/product.html.

2.1 General Use. You may install and Use a copy of the Software on your compatible Computer, up to the Permitted Number of computers. The Software may not be shared, installed or used concurrently on different computers or installed on a computer file server. See Clause 3 for important restrictions on the Use of TaxSaya.

2.2 Distribution. You may NOT distribute the Software without the prior written permission of EA-LINK.

2.3 Backup Copy. You may make one backup copy of the Software, provided your backup copy is not installed or used on any Computer. You may not transfer the rights to a backup copy unless you transfer all rights in the Software as provided under Clause 4.

2.4 Portable or Home Computer Use. If and only if the Software is TaxSaya, in addition to the single copy permitted under Clauses 2.1 and 2.2, the primary user of the Computer on which the Software is installed may make a second copy of the Software for his or her exclusive Use on either a portable Computer or a Computer located at his or her home, provided the Software on the portable or home Computer is not used at the same time as the Software on the primary computer.

2.5 No Modification. You may not modify, adapt, translate or create derivative works based upon the Software. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software.

2.6 Third Party Website Access. The Software may allow you to access third party websites ("Third Party Sites"). Your access to and use of any Third Party Sites, including any goods, services or information made available from such sites, is governed by the terms and conditions found at each Third Party Site, if any. Third Party Sites are not owned or operated by EA-LINK. YOUR USE OF THIRD PARTY SITES IS AT YOUR OWN RISK. EA-LINK MAKES NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE THIRD PARTY SITES.

3. Restrictions.
3.1 Notices. You shall not copy the Software except as set forth in Clause 2. Any copy of the Software that you make must contain the same copyright and other proprietary notices that appear on or in the Software.

3.2 Paid Features. The Software may contain features and functionality (the “Paid Features”) that appear disabled or “grayed out.” These Paid Features will only activate when you make the necessary payment. You agree not to access, or attempt to access, disabled Paid Features or otherwise circumvent the permissions that control activation of such Paid Features. You may only use the Paid Features that have been enabled using the License Key (defined in Clause 3.3) obtained under a valid license from EA-LINK. No other use is permitted.

3.3 Confidentiality. Any license key, activation code or similar installations, access or usage control codes (“License Key”) provided by EA-LINK to you is considered the confidential information of EA-LINK, and you must hold such License Key in strict confidence.

3.4 Integration. You are not authorized to integrate or use the TaxSaya with any other software, plug-in or enhancement that uses or relies upon the TaxSaya. You are not authorized to integrate or use the TaxSaya with any plug-in software not developed by EA-LINK.

4. Transfer. You may not rent, lease, sublicense, assign or transfer your rights in the Software, or authorize all or any portion of the Software to be copied onto another user's Computer except as may be expressly permitted herein. You may, however, transfer all your rights to Use the Software to another person or legal entity provided that: (a) you also transfer (i) this Agreement, and (ii) the Software and all other software or hardware bundled or pre-installed with the Software, including all copies, Updates and prior versions, to such person or entity, (b) you retain no copies, including backups and copies stored on a Computer, and (c) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a license to the Software. Notwithstanding the foregoing, you may not transfer education, pre-release, or not for resale copies of the Software, if any.

5. Intellectual Property Ownership, Copyright Protection. The Software and any authorized copies that you make are the intellectual property of and are owned by EA-LINK System Sdn. Bhd. and its suppliers. The structure, organization and code of the Software are the valuable trade secrets and confidential information of EA-LINK System Sdn. Bhd and its suppliers. The Software is protected by law, including without limitation the copyright laws of Malaysia and other countries, and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by EA-LINK and its suppliers.

6. Updates. If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous version in order to Use such Update. All Updates are provided to you on a license exchange basis. You agree that by Using an Update you voluntarily terminate your right to use any previous version of the Software. As an exception, you may continue to Use previous versions of the Software on your Computer after you Use the Update but only to assist you in the transition to the Update, provided that: (a) the Update and the previous versions are installed on the same computer; (b) the previous versions or copies thereof are not transferred to another party or Computer unless all copies of the Update are also transferred to such party or Computer; and (c) you acknowledge that any obligation EA-LINK may have to support the previous versions of the Software may be ended upon availability of the Update.

7. NO WARRANTY. The Software is being delivered to you "AS IS" and EA-LINK makes no warranty as to its use or performance. EA-LINK provides no technical support, warranties or remedies for the Software.

EA-LINK AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW, EA-LINK AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

The provisions of Clause 7 and Clause 8 shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to Use the Software after termination of this Agreement.

8. LIMITATION OF LIABILITY. IN NO EVENT WILL EA-LINK AND ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN EA-LINK REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. EA-LINK’S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. EA-LINK
is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose.

9. Forfeiture. All rights to Use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.

10. Governing Law. This Agreement will be governed by and construed in accordance with the laws in force in Malaysia and parties herein agree to subject to the High Courts of Malaya.

11. General Provisions. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of EA-LINK. Updates may be licensed to you by EA-LINK with additional or different terms. This is the entire agreement between EA-LINK and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.

12. Compliance with Licenses. If you are a business or organization, you agree that upon request from EA-LINK or EA-LINK’s authorized representative, you will within thirty (30) days fully document and certify that use of any and all Software at the time of the request is in conformity with your valid licenses from EA-LINK.

13. Specific Provisions and Exceptions.
13.1 EA-LINK shall not be responsible for any errors in the tax computation performed using TaxSaya; or the BE Forms for Employment and Other Income (Without Business Income) or any tax forms provided by the Inland Revenue Board of Malaysia.

13.2 You are required to take all reasonable measures to avoid and reduce damages, in particular to make back-up copies of the Software and your computer data subject to the provisions of this Agreement.

14. Term and Termination. This Agreement shall remain in effect until you commit any material breach of this Agreement in which event this Agreement shall automatically terminate. Upon termination of this Agreement for any reason, you shall discontinue use of the Software and shall destroy the Software and all copies thereto. Termination shall not, however, relieve you of obligations incurred prior to the termination. Clauses 1, 3.3, 7, 8, 10, 13, and 14 shall survive termination of this Agreement.

If you have any questions regarding this Agreement or if you wish to request any information from EA-LINK please use the address and contact information included with this product or via the web at www.ealink.com or to contact the EA-LINK office via info@ealink.com

TaxSaya is a trademark belonging to EA-LINK System Sdn. Bhd.