End User License Agreement

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1. Introduction

This End User License Agreement (“Agreement”) governs your use of the AMAST Sales softwaresystem (“Software”), including the mobile application, Salesforce Application (“SFA”) and the backend web portal, Distributor Management System (“DMS”). By installing, accessing, or using the Software, you agree to be bound by the terms and conditions outlined herein.

2. License Grant

Subject to the terms of this Agreement, the licensor (AMAST SDN BHD) grants you a non-exclusive,non-transferable license to use the Software for your internal business purposes.
The license includes:

Mobile Application (SFA):
  • You may install and use SFA on Android devices owned or controlled by you.
  • SFA is licensed, not sold, and you may not sublicense, distribute without AMAST’s prior knowledge, or modify it.
Backend Web Portal (DMS):
  • You may access and use DMS via supported web browsers.
  • DMS provides administrative features, reporting, and data management.
3. Restrictions

You agree not to:
  • Reverse engineer, decompile, or disassemble the Software.
  • Use the Software for any illegal, harmful, or unauthorized purposes.
  • Remove or alter any copyright notices or proprietary information.
  • UShare your login credentials with unauthorized users.
  • RCircumvent security measures or attempt unauthorized access.

4. Ownership and Intellectual Property

AMAST SDN BHD retains all rights, title, and interest in the Software, including intellectual propertyrights. This Agreement does not transfer ownership to you.

5. Support and Updates
  • AMAST SDN BHD may provide support and updates for the Software at its discretion.
  • You agree to receive notifications related to updates, bug fixes, and enhancements.
6. User Responsibilities
  • 6.1 Data Accuracy and Integrity
    • Users are responsible for ensuring the accuracy and integrity of any data they input into the AMAST Sales system. This includes customer information, sales transactions, inventory data, and any other relevant data.
    • AMAST SDN BHD shall not be held liable for any errors, omissions, or inaccuracies resulting from user-entered data.
  • 6.2 Compliance with Laws and Regulations
    • Users must comply with all applicable laws, regulations, and industry standards while using the Software. This includes data privacy laws, export controls, and any other relevant legal requirements.
    • AMAST SDN BHD assumes no responsibility for any violations committed by users.
7. Indemnification
  • Users agree to indemnify and hold AMAST SDN BHD, its officers, employees, and affiliates harmless from any claims, damages, losses, or liabilities arising from their use of the Software.
  • This indemnification includes legal fees and costs incurred by AMAST SDN BHD in defending against such claims.
8. Dispute Resolution
  • Any disputes arising from this Agreement shall be resolved through alternative dispute resolution methods (such as arbitration or mediation) before resorting to court proceedings.
  • Users and AMAST SDN BHD agree to engage in good faith efforts to resolve disputes amicably.
9. Updates and Modifications
  • AMAST SDN BHD reserves the right to update, modify, or enhance the Software. Users will be notified of significant changes.
  • By continuing to use the Software after updates, users implicitly accept the modified terms.
10. Data Integrity and Adjustments

AMAST SDN BHD acknowledges that maintaining accurate data within the system is crucial. However, data adjustments will only occur under the following circumstances:
  • System Bugs: If a system bug or error affects data integrity, AMAST SDN BHD reserves the right to rectify the issue promptly. Such adjustments will be communicated to the customer.
  • Prior Authorization: Except for bug fixes, AMAST SDN BHD will not alter user data without prior authorization from the customer. Any proposed data adjustments will be discussed and agreed upon.
  • Transparency:AMAST SDN BHD commits to transparency regarding any data modifications. Users will be informed of any changes made to their data.
11. User KPI and Performance Metrics
  • Calculation Formulas:
    • Some functionalities within the AMAST Sales system involve the calculation of user Key Performance Indicators (KPIs). These KPIs are based on customer-specific calculation formulas.
    • AMAST SDN BHD ensures that the KPI calculations adhere to the provided formulas accurately.
  • Non-Performing Salesman:
    • While AMAST SDN BHD strives to provide accurate KPIs, it is essential to recognize that KPIs alone do not determine an individual’s performance comprehensively.
    • AMAST SDN BHD shall not be held responsible for any decisions made by the customer, including termination of non-performing salespersons, based solely on KPI results.
    • Customers are encouraged to consider additional factors (such as qualitative assessments, teamwork, and external circumstances) when evaluating performance.
12. Severability
  • If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
  • In such cases, the parties shall replace the invalid provision with a valid one that achieves the intended purpose.
13. User Acknowledgment
  • By using the AMAST Sales system, users acknowledge that they have read, understood, and agreed to the terms and conditions outlined in this EULA.
  • Users are encouraged to seek legal advice if they have any questions or concerns.
14. Disclaimer of Warranties
  • The Software is provided “as is” without warranties of any kind.
  • AMAST SDN BHD disclaims all implied warranties, including fitness for a particular purpose and non-infringement.
15. Limitation of Liability
  • In no event shall AMAST SDN BHD be liable for any indirect, incidental, special, or consequential damages arising from the use of the Software.
  • Your sole remedy for any issues related to the Software is to discontinue use.
16. Termination
  • AMAST SDN BHD may terminate this Agreement if you violate its terms.
  • Upon termination, you must cease using the Software and destroy any copies.
17. Governing Law

This Agreement shall be governed by the laws of your country. Any disputes shall be resolved in thecourts of your country.