PLEASE READ THIS END USER LICENSE AGREEMENT ("EULA") CAREFULLY BEFORE DOWNLOADING OR USING THIS SOFTWARE. BY CLICKING ON OPTION “I accept the terms of the End User License Agreement”, OPENING THE PACKAGE, DOWNLOADING THE PRODUCT, OR USING THE EQUIPMENT THAT CONTAINS THIS PRODUCT, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT TICK THE OPTION “I accept the terms of the End User License Agreement” AND THE INSTALLATION PROCESS WILL NOT CONTINUE. IN ADDITION: (1) IF YOU ARE OTHERWISE ATTEMPTING TO DOWNLOAD THE PRODUCT AND YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT COMPLETE THE DOWNLOAD; OR, (2) IF YOUR SOFTWARE WAS INCLUDED IN EQUIPMENT WHICH YOU PURCHASED AND YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE
IMPORTANT – READ CAREFULLY: This EULA is a legal agreement between you (either an individual or a single entity) and Auto Count Sdn Bhd ("ACSB") covering your use of the software product(s) identified in this agreement (the "Software"). The Software includes accounting, invoicing, and stock control software, and may include printed materials, and "online" or electronic documentation. By installing, copying, downloading, accessing or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, ACSB will not license the Program to you, you may not use or copy the Software, and you should follow the instructions above concerning return or nonuse of the unused product(s) for a refund or credit.
LICENSE AGREEMENT OF AUTOCOUNT ACCOUNTING AND AUTOCOUNT EXPRESS
(THIS IS A LICENSE AND NOT A SALE)
1.1) Standalone Installation and use. You may (a) install and use a copy of Software on one personal computer; and (b) install an additional copy of the Software on a second, portable device for the exclusive use of the primary user of the first copy of the Software.
1.2) Network Installation and use. You may install and use a copy of Software on each of the personal computer in your local area network. However, total number of concurrent users is limited as in section 1.3.
1.3) Concurrent Use. If you have licensed a Network version of the Software, you may install the Software on any compatible computers as many as possible, provided that only the Permitted Numbers of users actually use the Software at the same time. The Permitted Number of concurrent users shall be delineated at such time as you elect to purchase the Software licenses.
1.4) License Grant for Remote Desktop Services. You may use Remote Desktop Services (formerly known as Terminal Services) technologies as found in Microsoft Windows 2000 Server or Microsoft Windows Server 2003/2003 R2/2008/2008 R2/2012/2012 R2 to access and use your licensed copy of the Software, provided it is calculated as one concurrent user.
1.5) License Grant for Remote Desktop. You may use remote access technologies, such as the Remote Desktop feature in Microsoft Windows or NetMeeting, to access and use your licensed copy of the Software, provided that only the primary user of the device hosting the remote desktop session accesses and uses the Software with a remote access device. These remote desktop rights do not permit you to use the Software on both the device hosting the remote desktop session and the access device at the same time.
1.6) License Grant for Remote Assistance. You may permit any device to access and use your licensed copy of the Software for the sole purpose of providing you with technical support and maintenance services.
1.7) Internet Access. You may use the Software to access a remote Database Server over internet provided you have purchased the Software’s Internet Access module for each user. The performance of the internet access may vary depends on your internet connection speed.
1.8) Backup and Archival Copies. You may make one backup and one archival copy of the Software, provided your backup and archival copies are not installed or used on any computer and further provided that all such copies shall bear the original and unmodified copyright, patent and other intellectual property markings that appear on or in the Software. You may not transfer the rights to a backup or archival copy.
1.9) Home User. You, as the primary user of the computer on which the Software is installed, may also install the Software on one of your home computers for your use. However, the Software may not be used on your home computer at the same time as the Software is being used on the primary computer.
1.10) Company Account Book License. The Software allows you to create a limited number of account books. Each account book must register with the account book registration code issued by ACSB. Registration of account book must comply to the following terms:-
a) The software license is valid for one Single-Company; or
b) Multiple Companies with the same registered address owned by the same main shareholder and used in the same personal computer or same local area network as the primary license. As such, necessary documents are required to be produced as a proof during registration.
As such should any of the above terms are not fulfill, such as different company name with different address, you are required to purchase a new license.
1.11) Registration Codes. Prior to your purchase and for unregistered account book, the Software allows you to enter up to 500 transactions per account book. Once exceeded the transaction limitation, you are required to register the account book with ACSB or through its authorized distributor. The registration code will enable you to continue entering the transaction beyond its limitation. You may not re-license, reproduce or distribute any registration code except with the express written permission of ACSB.
1.12) Usage for Auditing and Piracy. Our audit and collection of your license data comprise of Product ID, Company Name, and Company’s Address, Host name of SQL Server, Host name of the user computer and IP address of the user computer will be done periodically over internet. We may audit your software usage for anti-piracy purposes and to verify a valid registration. Please understand that your consent to the Software sending only license data information is for the sole purpose of registration and anti-piracy auditing and enforcement purposes. If you disagree to this condition, you are to discontinue the use of this software and must uninstall this Software.
1.13) Upgrade. If this software is marked as an upgrade version, you may use it only if you have a license to use the software eligible for upgrade. If you upgrade, this software takes the place of the earlier version, and this agreement takes the place of the agreement for that earlier version.
1.14) Scope of License. The software is licensed, not sold. The software is protected by copyright and other intellectual property laws and treaties. This agreement only gives you some rights to use the software. ACSB and its suppliers reserve all other rights. You may use the Software only as expressly permitted in this agreement. In doing so, you must comply with technical limitations in the software that only allow you to use it in certain ways. You may not:
- Work around the technical limitations in the software;
- Reverse engineer, decompile or disassemble the software despite this limitation;
- Make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
- Publish the software for others to copy;
- Distribute the software to any third party
- Rent, lease or lend the software; or
- Transfer the software or this agreement to any third party
1.15) Third Party Programs. The software contains third party programs. The license terms with those programs apply to your use of them.
1.16) Software Database. This Software is designed to use Microsoft SQL Server as its database server. You can run this Software with licensed Microsoft SQL Server or with the free edition of Microsoft SQL Server (SQL Express). If you are running on SQL Express which resulting in performance problem or database size limitation, ACSB is not liable to fix or troubleshoot the problem as the problem is caused by SQL Express.
1.17) ACADEMIC EDITION SOFTWARE. You must be a “Qualified Educational User” to use software marked as “Academic Edition” or “AE.” If you do not know whether you are a Qualified Educational User, contact the ACSB.
1.18) LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER FROM ACSB AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
2. INTELLECTUAL PROPERTY RIGHTS
Acknowledgment of ACSB’s Rights. You acknowledge that the Software and any copies that you are authorized by ACSB to make are the intellectual property of and are owned by ACSB. The structure, organization and code of the Software are the valuable trade secrets and confidential information of ACSB. The Software is protected by copyright. You acknowledge that ACSB retains the ownership of all patents, copyrights, trade secrets, trademark and other intellectual property rights pertaining to the Software, and that ACSB’s ownership rights extend to any images, photographs, animations, videos, audio, text and “applets” incorporated into the Software and all accompanying printed materials. You will take no actions which adversely affect ACSB’s intellectual property rights in the Software. Trademarks may only be used to identify printed output produced by the Software, and such use of any trademark does not give you any right of ownership in that trademark. Microsoft SQL Server is trademark of Microsoft Corporation.
3. SUPPORT AND MAINTENANCE
ACSB offers “Support & Maintenance Package(s)” (“SMP”) for the version of Software product edition that you have licensed, which you may elect to purchase in addition to your Software license. The Support Period, hereinafter defined, covered by such SMP shall be delineated at such time as you elect to purchase a SMP. Note that SMP is renewable on yearly basis. Your rights with respect to support and maintenance as well as upgrade eligibility depend on your decision to purchase SMP and the level of SMP that you have purchased:
a) If you have not purchased SMP, you will receive the Software AS IS and will not receive any maintenance release or updates.
b) If you purchase SMP, then solely for the duration of its delineated Support Period, you are eligible to receive the version of the Software edition that you have licensed and all maintenance releases and updates for that edition that are released during your Support Period. For the duration of your SMP Support Period, you will also be eligible to receive upgrades to the comparable edition of the next version of the Software that succeeds the Software edition that you have licensed for applicable upgrades released during your Support Period. The specific upgrade edition that you are eligible to receive based on your Support Period is further detailed in the SMP that you have purchased. Software that is introduced as separate product is not included in SMP. Maintenance releases, updates and upgrades may or may not include additional features.
During the Support Period you may also report any Software problem or error to ACSB. If ACSB determines that a reported reproducible material error in the Software exists and significantly impairs the usability and utility of the Software, ACSB agrees to use reasonable commercial efforts to correct or provide a usable work-around solution in an upcoming maintenance release or update, which is made available at certain times at ACSB sole discretion.
If ACSB, in its discretion, requests written verification of an error or malfunction discovered by you or requests supporting example files that exhibit the Software problem, you shall promptly provide such verification or files, by email, telecopy or overnight mail, setting forth in reasonable detail the respects in which the Software fails to perform. You shall use reasonable efforts to cooperate in diagnosis or study of errors. ACSB may include error corrections in maintenance releases, updates or new major releases of the Software. ACSB is not obligated to fix errors that are immaterial. Immaterial errors are those that do not significantly impact use of the Software. Whether or not you have purchased the Support & Maintenance package, technical supports only covers issues or questions resulting directly out of the operation of the Software and ACSB will not provide you with generic consultation, assistance, or advice under any circumstances.
Updating Software may require the updating of software not covered by this Software License Agreement before installation. Updates of the operating system and application software not specifically covered by this Software License Agreement are your responsibility and will not be provided by Auto Count Sdn. Bhd. under this Software License Agreement. ACSB under Section 3 are contingent upon your proper use of the Software and your compliance with the terms and conditions of this Software License Agreement at all times. ACSB shall be under no obligation to provide the above technical support if, in ACSB’s opinion, the software failed due to the following conditions: (i) damaged caused by the relocation of the software to another location or CPU; (ii) alteration, modification or attempts to change the Software without ACSB’s approval; (iii) causes external to the Software, such as natural disasters, the failure or fluctuation of electrical power, or computer equipment failure; (iv) your failure to maintain the Software at ACSB’s specified release level; or (v) use of the Software with other software without ACSB’s prior written approval. It will be your sole responsibility to: (i) comply with all ACSB-specified operating and troubleshooting procedures and then notify ACSB immediately of Software malfunction and provide ACSB with complete information thereof; (ii) provide for the security of your confidential information; (iii) establish and maintain backup systems and procedures necessary to reconstruct lost or altered files, data or programs.
In addition to the license fees and support fees for the Software, you shall pay all applicable shipping charges, and sales, use, personal property, or similar taxes, tariffs or governmental charges, exclusive of ACSB’s net income and corporate franchise taxes.
This Software License Agreement may be terminated (a) by your giving ACSB a written notice of termination; or (b) by ACSB, at its option, giving you written notice of termination if you commit a breach of this Software License Agreement and fail to cure such breach within sixty (60) days after notice from ACSB. In addition the Software License Agreement governing your use of a previous version that you have upgraded or updated of the Software is terminated upon your acceptance of the terms and conditions of the Software License Agreement accompanying such upgrade or update. Upon any termination of the Software License Agreement, you must cease all use of the Software that it governs, destroy all copies then in your possession or control and take such other actions as ACSB may reasonably request to ensure that no copies of the Software remain in your possession or control.
6. LIMITED WARRANTY AND LIABILITY
ACSB warrants that the Software, as updated and when properly used, will operate in all material respects in conformity with ACSB published specifications for the applicable version, and the Software media shall be free of defects, for ninety (90) days from the date of shipment of such version to you. In the event of a failure to meet the foregoing limited warranty, provided you return the item with a copy of your receipt within the 90 day period, your sole remedy, at ACSB's option, shall be replacement of the defective materials or a refund of the license fees paid for the affected Software. This limited warranty gives you specific legal rights. ACSB DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WHETHER ARISING BY STATUTE OR IN LAW OR AS A RESULT OF A COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE SOFTWARE, THE DOCUMENTATION, THE SUPPORT OR OTHER SERVICES RELATED TO THE SOFTWARE. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PROGRAM OR SERVICES OR THAT ALL ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE’ FUNCTIONALITY WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE YOUR RESPONSIBILITY TO (i) REGULARLY BACK UP DATA MAINTAINED ON ANY COMPUTER SYSTEM USING THE SOFTWARE AND (ii) ADEQUATELY TEST PRIOR TO DEPLOYMENT EACH PRODUCTION VERSION OF THE SOFTWARE IN A CONFIGURATION WHICH REASONABLY SIMULATES YOUR PLANNED PRODUCTION ENVIRONMENT. IN NO EVENT WILL ACSB OR ITS SUPPLIERS BE LIABLE FOR ANY LOSS OR INACCURACY OF DATA, LOSS OF PROFITS OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ACSB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACSB'S TOTAL LIABILITY, IF ANY, ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE LICENSE FEES PAID BY YOU FOR THE SOFTWARE. THE FOREGOING RESTRICTIONS, DISCLAIMERS AND LIMITATIONS SHALL APPLY AND REMAIN IN FORCE EVEN IN THE EVENT OF A BREACH WHICH CONSTITUTES A FUNDAMENTAL BREACH. No oral or written information given by ACSB, its agents or employees shall create a warranty. This Agreement shall inure to the benefit of ACSB’s suppliers.
7. GOVERNING LAW; COMPLETE AGREEMENT
THIS AGREEMENT CONSTITUTES THE COMPLETE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE SOFTWARE AND IS GOVERNED BY THE LAWS OF MALAYSIA. The terms of this Agreement supersede the terms of any purchase order, order letter or other document issued or signed by you to authorize your license of the Software. If any provision of this Agreement is held to be unenforceable, such provisions shall be limited, modified or severed as necessary to eliminate its unenforceability, and all other provisions shall remain unaffected.
The failure or delay of either party to exercise any of its rights shall not be deemed a waiver thereof and no waiver by either party of any breach of this Agreement shall constitute a waiver of any other or subsequent breach.
Should you have any questions concerning this Agreement, the Software or the Documentation, you may contact ACSB by writing to:
Auto Count Sdn. Bhd.
B3-9-2, 2nd Floor, Lorong Batu Nilam 3F, Bandar Bukit Tinggi, 41200 Klang, Selangor Darul Ehsan, Malaysia.