IMPORTANT-READ CAREFULLY BEFORE DOWNLOADING, INSTALLING OR
USING THE SOFTWARE (THE “SOFTWARE”).
This End -User License Agreement (“EULA” or “Agreement”) is a binding legal
agreement between you (“You”) and E ZONE COMPUTER CENTRE (the “Company” or
“E zone ”), which sets forth the terms and conditions under which you are licensed to
use the Software being distributed with this EULA.
BY CLICKING ON THE “I ACCEPT” BUTTON, OR BY INSTALLING, COPYING OR
KEEP ON USING THE SOFTWARE; YOU ACKNOWLEDGE THAT YOU HAVE
CAREFULLY READ AND UNDERSTOOD THE TERMS OF THIS EULA AND AGREE
TO BE LEGALLY BOUND BY THE TERMS OF THIS EULA, INCLUDING THOSE
INCORPORATED BY REFERENCE. IF YOU SELECT “I DO NOT ACCEPT” THE
INSTALLATION PROCESS WILL NOT PROCEED. IF YOU DO NOT AGREE TO
THESE TERMS, DO NOT INSTALL, COPY OR USE THE SOFTWARE.
FURTHERMORE, BY ACCEPTING THE TERMS OF THIS EULA, YOU HEREBY
WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS
IN ANY JURISDICTION THAT requires AN ORIGINAL (NON-ELECTRONIC)
SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO
THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, AND (2) YOU
HEREBY ACKNOWLEDGE THAT YOU ARE FAMILIAR WITH AND AGREE TO
AN INTEGRAL PART OF THIS EULA.
IF YOU ARE NOT THE END USER AND ARE INSTALLING THIS SOFTWARE ON
BEHALF OF THE END USER, YOU WARRANT AND REPRESENT THAT YOU ARE
AUTHORISED TO ACT ON BEHALF OF THE END USER AND TO ACCEPT AND
BIND THE END USER TO THE TERMS OF THIS EULA.
1.1.” We” or “Us” or “Ezone” or “Our” or the “Company” refers to E ZONE COMPUTER
CENTRE, a Malaysian company, having its main place of business at 2616, Jalan Maju,
Pusat Perniagaan Maju Jaya, 14000 Bukit Mertajam, Pulau Pinang, MALAYSIA.
1.2.” You” and “Your” refers to the entity and/or person consenting to, and
entering into this Agreement.
1.3.” Licensed Program” shall mean that a certain combination, marked and chosen by You
in the Registration Form, reflecting certain edition of the
Software (Trial or Full), a certain amount of Administrator User Accounts, a certain amount
of End Points, a certain amount of End User Accounts, a certain combination of modules
from those available for the Software, license expiration date and/or Support Services
expiration date. In case you get a Free Edition, your License Program shall be
considered as including a fixed and limited amount of Administrator User Account / End-
User Account /End Points, and some limited functionality, all per
the then-current specification as reflected in Our website www.ezonecomputer.com.my. 1.4. “Support Services” shall mean those support services stipulated in Exhibit A to this
1.5. “Annual License Fee” shall mean the respective amounts payable to Ezone per one
year of use of the Software per the relevant License Program.
1.6. “Annual Support Fee” shall mean the respective amounts payable to Ezone per one
year of Support Services per the relevant License Program.
1.7. “Special Support Fee” shall have the meaning ascribed to it in Exhibit A.
1.8. “Consecutive Support Period” concerning a Full Edition under a Perpetual Mode
regarding which a Perpetual License Fee was already paid for – shall mean a
the consecutive period during ALL of which you were either in the first year since you paid
for a Perpetual License Fee, or you paid for an Annual Support Fee.
1.9. “Server ” – shall mean a single piece of hardware enabling the installation of the
Main System on its storage device and the operation therefrom.
1.10. “Administrator User Account” – shall mean each instance of a unique username
and password enabling authenticated access to the Main System in an administrator
1.11. “End-User Account” – shall mean each instance of a unique username and
password enabling authenticated access to the Main System in a non-administrator
1.12. “Guest Mode User ” – shall mean each individual using the Software Permitted
Usage in Guest Mode only.
1.13. “User/s” – shall mean You and any individual (1) assigned for an Administrator
User Account, or (2) assigned for an End-User Account, or (3) who is a Guest Mode
1.14. “Permitted Usage in Guest Mode” shall mean – if such feature is enabled and
explicitly agreed upon between You and Us – limited access to the Main System via any
network without being able to take advantage of functionalities enabled only to holders
of End-User Accounts and/or Administrator User Accounts.
1.15. “Registration Form” – shall mean the form you filled in during the registration
a process where you stipulate the License Program you desire and further details.
1.16. “Activation File” – shall mean a file that will be received by You and uploaded by
you to your server during the installation process of the Software, which holds, inter alia,
the details of Your License Program as approved by us, and further details.
1.17. “Software” shall mean the software, in object code format, made available to You
together with this EULA, including the Main System and Agents, in addition to but not
limited to (1) third party’s software incorporated therein; (2) related explanatory written
materials (“Documentation”); and (3) any patches, updates, modified versions,
additions, service packs and upgrades, if any, which the Company may provide
from time to time (“Updates & Upgrades”).
1.18. “Main System” shall mean the IT Management system, known as “Ezone IT” in the
edition stipulated in the License Program You subscribed to, while installed on your
Server and accessible through any network.
1.19. “Agent” shall mean any optional piece of software code We provide You (whether
downloadable from Our Servers and/or deployed from the installation package installed
with the Main, System), and installed on all, selected, or none, of Your End Points.
1.20. “Our Servers” shall mean servers belonging to Us and/or third-party hosting service
providers We use.
1.21. “End Point” shall mean each hardware-based station monitored by the Main
A system under the terms of this EULA, including, without limitation, personal computers,
laptops, network printers, servers, screens, Mobile Devices, etc.
1.22. “Mobile Devices” shall mean any portable communication device such as cellular
phones, smartphones, tablets, etc. 2. The License
2.1.Subject to your full compliance at all times with the terms and conditions outlined in
this EULA, the Company hereby grants you a limited, non-exclusive, non-transferable
(a) download, install and use a single copy of the Main System on one Server within
(b) download, install and use that certain amount of Agents on that certain amount of
End Points within your organization up to the amount you ordered and paid for, as
reflected in the License Program you subscribed for.
(c) assign such several Administrator Accounts up to the amount you ordered and
paid for, as reflected in the License Program you subscribed to. To avoid any doubts –
two different accounts for the same individual shall be considered as two different
(d) assign the such number of End User Accounts up to the amount you ordered and paid
for, as reflected in the License Program you subscribed to. Two
different accounts for the same individual shall be considered as two different accounts to avoid any doubts.
(e) enable an unlimited Permitted Usage in Guest Mode – but only if such feature is
enabled and explicitly agreed upon between You and Us.
(f) copy the Software installed on the Server (as aforementioned) to other storage devices
for backup and/or archival and/or non-productive testing purposes only.
(g) use the Documentation only to assist those authorized to do so
under the EULA, to use the Software.
3. Intellectual Property Rights
3.1.The Software, in whole or in part, as well as any extracts or output that you make
using the Software (collectively “the Protected Material”), are owned by Ezone and/or its
suppliers, and its structure, organization and code are the valuable trade secrets of
Ezone and/or its suppliers. You shall not physically receive, under any circumstances,
any source code in connection to any software included in the Protected Material. The
Protected Material is also protected by Malaysian Copyright Law and International
Treaty provisions. You must treat the Protected Material just as you would any other
copyrighted material, such as a book. You may not copy the Protected Material. You
agree not to modify, adapt, translate or do derivative works based upon the Protected
Material. You also agree not to reverse engineer, decompile, disassemble, or otherwise
attempt to discover the software’s source code. Except as stated above, this
The agreement does not grant you any intellectual property rights in the Protected Material.
This Agreement provides the terms and conditions under which you are permitted
to use the Protected Material subject to the license given to you herein only. It is not an
agreement for the sale of the Protected Material to you, and no title to the Protected
The material passes to you.
4. Your Responsibilities, Restrictions and Obligations
4.1.You are solely responsible: 4.1.1. For selecting a qualified operator for the Main System who is familiar with the
information, calculations, and reports that serve as input and output of the End Points
and the Main System.
4.1.2. For the conversion of any data not generated by the Main System to operate with
the Main System.
4.1.3. For all activity occurring with the use of the Software provided to You, whether
such activity is made under one of Your Administrator User Accounts, End-User
Accounts, and/or by a Guest Mode Users, even, without limitation, if such do not form
part of Your organisation, and just receive services from You.
4.1.4. For using the Software only for lawful purposes. Accordingly, you shall not do
anything that encourages conduct that would constitute a criminal offence or which
encourages or may encourage “hacking” or “cracking,” or which gives rise to civil liability
or otherwise violates any applicable local or international law.
4.1.5. To Users for all matters related to the Software and You acknowledge that we
assume no responsibility whatsoever towards them. Without derogating from your
overall responsibility towards all Users, you are also responsible for effectively notifying
and warning all Users concerning the possible outcomes of Your use and their use of
the Software, as those are fully detailed in the Documentation and Our Website, such to
include, without limitation, Your possibility to (1) monitor configuration, data and usage,
including private usage of Mobile Devices, (2) altering data, configuration, passcodes
and settings of End Points, (3) completely wiping Mobile Devices.
4.1.6. The careful selection of the email box destined to be used by the Main System for
automatically converting Email messages received in such box to service requests
processed by the Main System (the “Designated Mailbox”). Furthermore, if needed, You
should take all appropriate measures required to back up any emails received to the
Designated Mailbox, or any other email address of Yours (the “Correspondence”) – and
processed by the Main System into service requests. In that respect, You understand
and acknowledge that characterisation of any email address in the Main System as the
Designated Mailbox shall automatically result in the processing of any Correspondence,
and simultaneously – its irreversible deletion.
4.1.7. For obtaining or providing, at Your sole expense, all telephone, internet service
and/or leased or dedicated access lines, telephone and computer equipment, including
connection equipment and modems and any other hardware or software necessary to
enable the operation of the Software. You understand and acknowledge that We will not
be liable for the network-related problems attributable to the operation of the Software and
that internet and network configuration changes may affect the Software’ performance
4.2. Your responsibility includes compliance with all applicable local, state, national and
foreign laws, treaties and regulations relating to Your, and Your Users’ use of the
Software, including those related to the protection of intellectual property, data privacy,
international communications, and the transmission of technical or personal data.
Furthermore, You shall notify Us immediately of any unauthorised use of any password
or account or any other known or suspected breach of security, and use reasonable
efforts to stop immediately any copying or distribution of content that is known or
suspected by you. 4.3. The following restrictions shall apply to Your use of the Software:
4.3.1. You may not license the Software if You are a direct competitor of Ezone, except
with Ezone prior written consent. Besides, You may not license the Software for
purposes of monitoring its availability, performance or functionality, or for any other
benchmarking or competitive purposes.
4.3.2. You may not: (1) license, sublicense, sell, resell, transfer, assign, distribute, or
otherwise commercially exploit or make available to any third party, the Software in any
way; (2) create Internet “links” to the Software or “frame” or “mirror” any content thereof
on any other server, wireless or Internet-based device; or (3) access the Software in
order to (a) build a competitive product or service, (b) build a product using similar ideas,
features, functions, or graphics of the Software, or
(c) copy any ideas, features, functions, or graphics of the Software.
4.3.3. You may not, in the course of Your use of the Software (1) send spam or
otherwise duplicative or unsolicited messages in violation of applicable laws; (2) send or
store infringing, obscene (including pornography, violence, terror, etc.), threatening,
libellous, or otherwise unlawful or tortious material, including material harmful to children
or violative of third party privacy rights; (3) send or store material containing software
viruses, worms, trojan horses, or other harmful computer code, files, scripts, agents or
programs; (4) attempt to gain unauthorised access to the Software or its related systems
(5) violate or cause Ezone to violate applicable law, or (6) use the Software other than
for your reasonable internal business purposes.
Furthermore, You acknowledge that We assume no responsibility for monitoring your
use of the Software for inappropriate content or conduct.
4.4. You should note that the Software’s use may require one or more compatible
devices, Internet access, and certain software and may require obtaining updates or
upgrades from time to time. Because the use of Software involves hardware, software,
and Internet access, your ability to use the Software may be affected by these factors’ performance. You acknowledge and agree that such system
requirements, which may be changed from time to time, are your responsibility.
5. Warranties, Limitation Of Liability, Indemnification
5.1.THE SOFTWARE MAY CONTAIN ERRORS, BUGS AND OTHER PROBLEMS
THAT COULD CAUSE SYSTEM CRASH OR FAILURE. THE COMPANY RESERVES
THE RIGHT TO ALTER THE SOFTWARE AT ANY TIME, AND ANY RELIANCE ON
THE SOFTWARE OR ITS QUALITY OR PERFORMANCE IS AT YOUR SOLE RISK.
EXCEPT AS EXPRESSLY outlined in THIS AGREEMENT, THE SOFTWARE IS
PROVIDED TO YOU ON AN “AS-IS” BASIS WITHOUT WARRANTIES OF ANY KIND
WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY EZONE, ITS
OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AFFILIATES,
AGENTS, LICENSORS, CONTRACTORS, OR THE LIKE (“ANYONE ON ITS BEHALF”)
SHALL CREATE OR CONSTITUTE ANY FORM OF WARRANTY.
ACCORDINGLY, YOU AGREE THAT THE USE OF THE SOFTWARE IS AT YOUR
SOLE RISK, AND THAT NEITHER EZONE NOR ANYONE ON ITS BEHALF, DO NOT
AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN
BY USING THE SOFTWARE NOR THAT THE OPERATION OF THE SOFTWARE
WILL BE ERROR-FREE OR MEET ANY REQUIREMENTS.
5.2. Ezone is not and shall not be liable to you or any other party for any loss or
damages resulting from any claims, demands, or actions arising out of or relating to, this
Agreement and/or to the Software.
UNDER NO EVENT SHALL EZONE BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EZONE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(1) THE USE OR THE INABILITY TO USE THE SOFTWARE; (2) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM
ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SOFTWARE; (3) UNAUTHORISED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA GENERATED IN CONNECTION WITH THE
SOFTWARE; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY GENERATED
IN CONNECTION WITH THE SOFTWARE; OR (5) ANY OTHER MATTER RELATING
TO THE SOFTWARE.
You may, however, have additional rights under certain laws that do not allow the
exclusion of implied warranties or the exclusion or limitation of certain damages. If such
laws apply, our exclusions or limitations shall apply to the fullest extent provided by the
5.3. NEITHER EZONE NOR ANYONE ON ITS BEHALF NOR ANYONE ELSE
INVOLVED IN CREATING, PRODUCING, MARKETING OR DISTRIBUTING THE
SOFTWARE, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM USE OF OR
INABILITY TO USE THE SOFTWARE DUE TO ANY CAUSE WHATSOEVER,
INCLUDING ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION
OR UNAUTHORISED ACCESS TO EZONE’S RECORDS OR THE SOFTWARE.
5.4. IN NO EVENT SHALL THE ENTIRE LIABILITY OF EZONE AND ANYONE ON ITS
BEHALF FOR ALL DAMAGES, LOSSES, CLAIMS AND COSTS, WHETHER IN
CONTRACT, TORT OR OTHERWISE, EXCEED THE AGGREGATE AMOUNT PAID
BY YOU TO EZONE DURING THE IMMEDIATELY PRECEDING 1 YEAR PERIOD.
5.5. EZONE ASSUMES NO RESPONSIBILITY UNDER THIS AGREEMENT FOR
CONVERTING YOUR DATA FILES TO BE COMPATIBLE FOR USE WITH THE
SOFTWARE. 5.6. You are solely responsible for your actions when using the Software, and therefore,
notwithstanding the above, You shall indemnify, defend, and hold harmless Ezone, its
directors, officers, employees, and agents and their respective successors, heirs, and
assigns (the “Ezone Indemnities”), against any liability, damage, loss, or expense
(including reasonable attorneys’ fees and expenses of litigation) incurred by or imposed
upon any of the Ezone Indemnities in connection with any claims, suits, actions,
demands, or judgments (“Claims”) arising out of any theory of liability (including without
limitation actions in the form of tort, warranty, or strict liability and regardless of whether
such action has any factual basis) concerning any act or omission of You, and/or
individuals assigned with an Administrator User Account and/or individuals assigned with
an End-User Account, and/or individuals conducting Permitted Usage in Guest Mode, all
(1) in connection with the Software; or (2) which are in breach of any applicable law; or
(3) which constitutes a breach of this Agreement; (4) which are in violation of any rights
of any third party.
6. Confidentiality And Privacy
website https://www.ezonecomputer.com.my/privacy-policy/ and constitutes an integral
part of this Agreement.
6.2.You agree that We may list You as a customer and reproduce Your logo and
registered trademark online or in printed materials solely to indicate that You are or were
a licensee or user of the Software, unless and until You provide Us with a written notice
not to do so.
7. Fees And Payments
7.1.Ezone offers three editions of the Software: (1) a Trial Edition that is free of charge
and limited in time, (2) Free Edition that is Free and includes a fixed and limited amount
of Administrator User Account / End-User Account / End Points, and some of its
functionality is limited, and (3) a Edition that is subject to payments in accordance with
the configuration You subscribed for, as reflected in the License Program and the
Activation File (you can review such information anytime under the “About” option
appearing in the Software menu). The Full Edition is offered under two commercial
models or under a combination such two models: (a) Annual Mode – in which you pay
an Annual License Fee in return for a license to use the Software and get Support
Services during one year, all under the terms of this EULA (“Annual Mode”), and/or (b)
Perpetual Mode – in which you pay a Perpetual License Fee that grants you a perpetual
permission to use Our Software but only in its last release as it was issued by us when
You were under a Consecutive Support Period (“Perpetual Mode”). Note, that with
respect to new users (i.e. clients purchasing the Software after March 2017, Ezone no
longer provides the Full Edition in a Perpetual Mode. Users that are existing users (i.e.
which have already paid a perpetual fee prior to the foregoing date; “Existing Users”),
may be offered with a combination of such modes, at Ezone’s discretion from time to
time. Please bear in mind that existing customers that have paid a Perpetual License
Fee and do not pay for Support Services after the first year expires, and at some point in
the future want to get Support Services again, shall be required to pay for Support
Services retroactively for all the period they did not already pay, in order to be entitled to
get the latest Updates & Upgrades and the Support Services. Further, the change by an
Existing User of the amount of Administrator User Accounts, the amount of End Points, the amount of End User Accounts and other changes may require an Existing Customer
to purchase the Software under an Annual Mode.
7.2. In case Your use of the Software is other than under the Trial Edition or Free Edition
configuration, the following conditions shall apply:
7.2.1. Your license to use the Software is subject, inter alia, to the full and accurate
payment, in its due date of the relevant Annual License Fee (in case of Annual Mode) or
the Perpetual License Fee (in case of Perpetual Mode) or such combination of the
above as shall be agreed between You and Ezone. The Annual License Fee, if
applicable, shall be paid to Ezone in advance for every year you subscribe for the
license and shall be non-refundable even if You stop using the Software at any point in
time. The Perpetual License Fee, if applicable, shall also be non-refundable even if You
stop using the Software at any point in time.
7.2.2. You shall provide Ezone with complete and accurate billing and contact
information. This information includes Your legal company/organisation name (if
applicable), street address, telephone number, fax number (if applicable), email address,
and name of an authorised billing contact. You agree to update this information within 30
days of any change. If the contact information You have provided is false or fraudulent,
Ezone reserves, without derogating from other remedies available to it under applicable
law, or this EULA, to terminate this EULA.
7.2.3. You are solely responsible for payment of any taxes applicable by any law,
resulting from your acceptance of this EULA and/or your use of the Software, exclusive
of taxes based on Ezone’ income. You agree to hold Ezone harmless from all claims
and liability arising from your failure to report or pay such taxes.
7.2.4. In case of termination of this EULA for whatever reason You agree that We may
charge Your credit card or any other means of payment provided by You to Ezone, with
any unpaid fees, or any other outstanding payment obligation You have with Us.
8. Term, Termination and Effect of Termination
8.1.This Agreement shall become effective as of Your indication of acceptance of its
terms by checking the “I Accept” box, as indicated above, and shall maintain in effect as
8.1.1. If You subscribed for a Trial Edition – for a onetime period of 30 days
– after which this Agreement shall expire automatically.
8.1.2. If You subscribed for a Full Edition on an Annual Mode – for a period of 1 (one)
year thereafter (the “Initial Term”). The term of the Agreement can be extended beyond
the Initial Term for consecutive periods of 1 (one) year each (each: an “Extended Term”)
by paying Us in 30 days advance the Annual License Fee attributed to the Extended
Term (each of the Initial Term and any Extended Term shall be referred to herein above
and below: the “Term”).
8.1.3. If You subscribed for a Full Edition on a Perpetual Mode – for an unlimited period
of time, provided, however, that after the expiration of the Consecutive Support Period,
We shall cease to have any obligations under this agreement other than the obligation not to oppose to your continuous use of the Software (in its last version granted to you
during the Consecutive Support Period) for an unlimited period of time.
8.1.4. If You subscribed for a Free Edition – for an unlimited period of time, subject to
Our right to terminate this Agreement, at any time, for any or no reason by providing you
with 30 (thirty) days prior written notice, or with immediate effect under section 8.4
8.2. Both You and Us may terminate this Agreement, at any time, for any or no reason
(“Termination for Convenience”) by providing the other party – in your case with 30
(thirty) days prior written notice, and in our case with 120 (one hundred and twenty) days
prior written notice.
8.3. In case of Termination for Convenience made by Us, in spite of the provisions of
section 7.2.1 above: (1) in case of a Full Edition in Annual Mode – You shall be entitled
to receive, as exclusive remedy, a refund equal to the proportional portion of the Annual
License Fee already paid to Us for the current Term, (2) in case of a Full Edition in
Perpetual Mode – You shall be entitled to receive, as exclusive remedy, a refund equal
to the proportional portion of the Perpetual License Fee already paid to Us considering
the actual period of time You used the Software out of 5 (five) years and a refund equal
to the proportional portion of the current Annual Support Fee already paid to Us and not
yet exhausted. In case of Termination for Convenience made by You, You shall not be
entitled to any refund whatsoever.
8.4. Without derogating from Our right to exercise Termination for Convenience, We
shall also be entitled to terminate this Agreement by a written notice with immediate
effect in the following events (“Termination for Cause”):
8.4.1. If you are in breach of any of Your obligations under this Agreement and did not
cure such breach within 7 (seven) days of receiving a written notice specifying such
8.4.2. If any, current or future, governmental (national, state, or local) regulations prevent
the continuation of the provision of either Our Support Services to You, or any licenses
granted by Us to You under this Agreement.
8.5. Upon termination of this Agreement, for any reason whatsoever besides
Termination for Convenience made by Us to a Full Edition Software for which You paid a
Perpetual License Fee for, the following terms shall apply
8.5.1. All rights granted to you, shall terminate automatically without You being entitled
to receive any payment or refund of any fee paid by You (unless specifically expressed
otherwise in this Agreement).
8.5.2. You shall remove and destroy any copies of the Software installed by You, and/or
anyone on your behalf.
8.6. Upon termination of this Agreement by Termination for Convenience made by Us to
a Full Edition Software for which you paid a Perpetual License Fee, We shall cease to
have any obligations under this agreement other than the obligation not to oppose to
your continuous use of the Software (in its last version granted to you during the
Consecutive Support Period) for an unlimited period of time. 9. Support & Maintenance
9.1.Ezone DOES NOT offer free of charge support and/or maintenance services, unless
and in as much as specifically included in the License Program You subscribed to, and
You may not assume any kind of such undertaking on behalf of Ezone. Nevertheless, if
Ezone chooses to do so in its sole discretion, it may, from time to time, upgrade the
Software to newer versions released, and if done so, Ezone will not be under obligation
to retain any previous releases of the Software.
9.2.Ezone may decide, however, from time to time, in its sole discretion, to provide You
with Support Services, in whole, in part, or in any other level, even if You subscribed for
a Trial Edition or a Free Edition, and is also free to cease providing such Support
Services without notice, and without You being eligible for any compensation for such
9.3.We reserve the right to charge You with a Special Support Fee for any support
services provided to You in the following events:
9.3.1. Any support services You ask for that are not included in the Support Services
You are eligible to under the License Program You subscribed to.
9.3.2. Any time spent by Us, following Your request for Support Services, if it turns out to
be that the motive for such request is not covered by the Support Services You are
10.1. Enforceability. In the event that any provision of this Agreement is invalid or
unenforceable under any law, such provision shall be totally ineffective to that extent, but
the remaining provisions of this Agreement will be unaffected.
10.2. No Waiver. No delay or omission on the part of EZONE in exercising any right or
remedy shall operate as a waiver of such right or remedy or any other right or remedy. A
waiver on any one occasion shall not be construed as a bar to or a waiver of any right on
any future occasion.
10.3. Governing Law. This Agreement shall be governed by, construed and interpreted
in accordance with the laws of the State of Malaysia, without reference to conflict of laws
principles. Without derogating from the generality of the above, the United Nations
Convention on Contracts for The International Sale of Goods shall not apply on this
Agreement. You hereby irrevocably subject yourself to the exclusive jurisdiction of the
courts located in the district of Kuala Lumpur, Malaysia in connection with any action or
controversy relating to the Software, or this Agreement.
10.4. Notices. Any Notice to be given pursuant to this Agreement shall be sent by You to
Us via Registered Mail to the address stipulated in section 1.1 above, or via email to the
following email firstname.lastname@example.org, and shall be deemed received by Us-
if sent via Registered Mail – 7 business days after being sent, and if sent via email – 2
business days after you get confirmation it has been received by Us. Any Notice to be
given to You shall be made via Registered Mail or Email address, to the address and
Email You filled in the Registration Form, and shall be deemed received by You – if sent via Registered Mail – 7 business days after being sent, and if sent via email – 2
business days after being sent.
10.5. Whole Agreement. This Agreement, including the provisions Incorporated by
reference, constitutes the sole and entire agreement with respect to Our provision of
Services to You.
10.6. Modifications. EZONE may change the terms of this EULA, from time to time, by
posting a modified copy of this EULA on Our website, or by otherwise notifying You.
Those changes will be effective and binding as of posting off the notice, unless a
different effective date is specified. We therefore recommend you to enter, from time to
time, to our website in order to review information concerning such modifications. YOUR
CONTINUED USE OF THE SOFTWARE FOLLOWING DELIVERY AND/OR POSTING
OF A NOTICE OF MODIFICATION SHALL BE CONCLUSIVELY DEEMED AN
ACCEPTANCE OF SUCH MODIFICATION. IF ANY MODIFICATION IS
UNACCEPTABLE TO YOU, YOU MUST TERMINATE THIS EULA IMMEDIATELY, AND
NOTIFY US IMMEDIATELY SO THAT A TERMINATION OF YOUR LICENSE MAY BE
PROCESSED, AND SUCH TERMINATION IS YOUR ONLY RECOURSE.
10.7. Assignment. Your rights and obligations under this Agreement may not be
assigned or transferred in any other way, by operation of law or otherwise without prior
written consent of EZONE.
Last updated: October 2019.
Exhibit A – Support Services
This document describes Ezone Support Services. These services are available only
within the respective Term (as defined in the Agreement), and subject to the full payment
of Annual License Fee OR in case of a Full Edition under a Perpetual Mode – subject to
You being within a Consecutive Support Period.
Subject to the Agreement and the above, Ezone shall support You and
error correction services (the “Support Services”), in the following manner:
1. Support Requests & Communication
Ezone support team is available online and via telephone for both technical and user
questions (working hours and connection method of the support team are available on the
Ezone website –
and may change from time to time upon
Ezone’s sole discretion).
2. Support Services For The Software
Support Services for the Software consist of technical support and assistance by email
and telephone to You and individuals assigned with an Administrator User Account only.
Support Services consist of receiving, classifying, and logging support requests and the
assignment thereof to Ezone technical specialists who are responsible for troubleshooting the problem (utilizing remote troubleshooting or otherwise) until it is
A problem is considered resolved when:
-The Software conforms substantially to its specifications; or
-You have been advised on how to correct or bypass the error; or
-You have been informed that the correction to the error will be available through a
the future software upgrade, or through a future update package, or a
documentation update; or
-It has been discovered that the problem is a hardware failure; or
-It has been discovered that the problem falls within the category not covered by the
Support Services and You have been notified thereof.
If it is determined that the problem was due to your error in the use of the Software or
from any modifications thereof (including any modification to the database definitions,
the data structure or data integrity) that was neither made nor authorised by Ezone, You
shall pay Ezone a Special Support Fee. “Special Support Fee” shall mean standard
commercial time and material rates defined by Us and reimbursement for all reasonable
out-of-pocket expenses involved in investigating the problem.
If a critical or major technical issue is to be solved with a future software upgrade, or
through a future update package or a documentation update, Ezone will make
commercially reasonable efforts to advise You on how to bypass the error.
Ezone does not guarantee problems will be fixed in any specific timeframe. However, as
You may understand, it is the goal of Ezone to make commercially reasonable efforts to
satisfactorily resolve each incident using the Ezone support system.
When necessary, You will allow Ezone to initiate remote troubleshooting and make
available to Ezone one or more of your designated employees knowledgeable in
information services at such times and to the extent as may be reasonably required by
Ezone to perform its services hereunder.
The Support Services does not include (1) any on-site support or assistance at your
premises, (2) installation of any of Our products, (3) any Ezone pre-sales operations or
training, or (4) preparation or delivery of any documentation other than the existing
product documentation (for example, instructions for customer-specific tasks).
3. Software Updates
Any Software installation package released by Us after You had initially installed the
Software is considered as an Update. The Minor Update is a release containing bug
fixes, improving the convenience of use and providing minor extensions to the Software
functionality. The Major Update is a release essentially changing or extending the
Software functionality compared to the previous version (such as new modules, etc.).
You will be
granted the right to receive (download) and install all the Minor Updates to the version
initially installed during the period in which You are eligible for Support Services from Us.
However, installing a Major Update may or may not require an upgrade fee, which
is at the sole discretion of Ezone. Installation of the Minor Update does not require repeating the registration procedure, as the registration data will be inherited from the
previous installation. Installation of a Major Update may, however, require a new
You may install Minor Updates or Major Updates over your existing installation only
during the Term of the Agreement OR in case of a Full Edition under a Perpetual Mode
– when You are within a Consecutive Support Period.
4. Exclusions From Support Services
The Support Services provided by Ezone under this Agreement also do not include:
o Maintenance or repair of hardware or other equipment belonging to You;
o Maintenance or modifications to any software, whether such software is required for
the use of the Software or not;
o Service required due to your misuse of the Software or alterations or modifications
that were not authorised or performed by Us (including any modification to the
database definitions, data structure, or data integrity). Upon your request, Ezone shall
review any modifications to the Software made by You to determine whether such
modifications invalidate Ezone rights or instructions. Ezone shall confirm its
determination to You promptly in writing. You will be charged with a Special Support Fee
for such Ezone review and determination.