Specific Terms and Conditions for Singtel SaaS Service
1. Definition and Interpretation
1.1 In this Specific Terms and Conditions, the following words and expression shall have the following meanings: “ACA” means the physical Application cum Agreement and the related web forms.
“Customer” means any person(s) or entity(s) who applies or subscribes for or utilises the Service.
“CPE” or “Customer Premise Equipment” means any hardware or software provided by the Customer for use with the Services “End User” means any person(s) authorized by the Customer to use the Service.
“End User Licence” means any licence terms imposed by any Third-Party Vendor on Customers and End Users. “Force Majeure Event” means an event or occurrence:
(a) which is beyond Singtel or Singtel’s subcontractor, consultant or agents’ reasonable control, including, natural disasters like national emergency, strike or equivalent labour action, fire, thunderstorm, storm or other natural disaster, decision by a competent authority, cable or network damage caused by a third party, flooding or equivalent water related accident, peak in the electricity supply, or discontinuation of essential raw material.
(b) Which Singtel or Singtel’s subcontractor, consultant or agents could not have reasonably foreseen or taken reasonable measures to prevent.
“General Terms” means Singapore Telecommunications Limited’s General Terms and Conditions of Service which may be found at www.singtel.com
“Intellectual Property Rights” means all copyright, patent, trademarks, confidential information and other intellectual property relating to or embodied in the Service and any software, service documents and/or work provided in relation to the Service and all documentation thereof
“Portal” means the myBusiness web-portal at URL: https://portal.bbsecurity.singtel.com
“SaaS” means Software as a Service, a software delivery model in which the software is developed by a Third-Party Vendor and its associated data are hosted on the cloud, where users will access through the Portal by using thin clients such as a web browser.
“Service” refers to the relevant SaaS service(s) as stated in the related Annex. “SRCA” means the form called the Service Request cum Agreement.
“Subsequent Orders” means additional purchases (including add-on licenses or credits) for the Services “Term” shall mean the Initial Term and/or the Subsequent Term(s), as the case may be.
“Third Party Vendor” shall mean any person or entity that provides SaaS, third party software and/or related intellectual property. “Work” means any additional work the Customer requests Singtel to perform in relation to the Service.
1.2 The words and expressions used in these Specific Terms and Conditions, which are defined in the General Terms but are not defined in these Specific Terms and Conditions, shall have meanings as defined in the General Terms unless the context otherwise requires.
1.3 The headings or titles to the Clauses in these Specific Terms and Conditions are to facilitate reference and shall not be referred to or relied upon in the construction of any provision of these Specific Terms and Conditions.
2. Trial Period of the Service
2.1 If applicable or as referred to in the relevant Annex, the period of trial for the Service (“Trial Period”) shall be:
(a) a period of up to thirty (30) days; or
(b) such other period as may be stipulated by Singtel as the Trial Period.
2.2 The Trial Period Service shall automatically be terminated at the end of the Trial Period and termination will be subject to Clause 6.2.
2.3 The Customer shall be responsible to export any data, prior trial termination, contained in the Service.
2.4 In the event Customer does not convert the Trial to a paid Service five (5) days prior to trial termination all data contained in the Service shall be removed and deleted as stated in Clause 6.2 below. Singtel shall not be responsible for any loss (indirect or direct), including loss of data.
3. Commencement, Duration and Pricing of Service
3.1 The Service shall commence on (the “Service Commencement Date”):
(a) where the Customer purchases the Service through the Portal, the date of the purchase; or
3.2 where the Customer purchases the Service through a Singtel customer service consultant or by submitting a ACA Form or SRCA Form, the date the Service is first made available for use by the Customer. Without prejudice to Clause 3.2 General Terms, the Customer acknowledges and agrees that Singtel reserves the right to vary the published Fees and Charges at any time before the Customer purchases the Service.
3.3 Unless otherwise stated in this Agreement or its relevant Annex, the subscription period for the Service shall be for a minimum period of 12 months from the Service Commencement Date (the “Initial Term”) or such other period as may be stipulated by Singtel. The Service shall continue for successive monthly periods or such other periods as stipulated by Singtel (the “Subsequent Term”) thereafter, unless terminated.
3.4 If the Customer continues subscribing to the Service after the Initial Term, the Customer agrees that the Initial Term’s Fees and Charges may no longer be valid, and the Customer will be liable to pay the published Service price.
3.5 All Subsequent Orders shall be at Singtel’s prevailing rates.
3.6 Upon Service Commencement Date, and including any Trial Period, the Customer consents to Singtel contacting it for marketing purposes and Service improvement(s) or feedback(s).
4. Service Requirements and Limitations
4.1 The Service is provided “as is” and “as available”. Singtel does not guarantee that the Service is fault free, continuous, or uninterruptable.
4.2 Singtel intends to improve the usability and performance of its Service by carrying out Service maintenance. During maintenance periods, the Service may not be available to the Customer. The time of performance will not be of the essence.
4.3 The Customer is solely responsible for its and its End Users and/or third parties use of the Service (including all software, equipment, devices, and documentation) and the URL of the Service, and the content of all communications facilitated by the Service. The Customer warrants that no such display, use, content or conduct of the Customer, an End User and/or any third party in relation to the Service shall be unlawful (including without limitation, fraud, invasion of privacy, illegal pornography, obscenity, defamation or interferences with, or disruption to, other network users, network services or network equipment) or prohibited by the terms of these Specific Terms and Conditions, and that no such display, use, content or conduct shall infringe the rights of any third party (including without limitation, intellectual property rights or confidential information) and Customer agrees to indemnify and render harmless and defend at its own expense, Singtel, Singtel’s subcontractors or Third Party Vendors (or their associated companies, officers and employees) against any and all costs, claims or other liability (including reasonable legal fees), arising as a result of such display, use, content or conduct.
4.4 Singtel is not responsible for any failure of the Service due to an accident, abuse, misapplication or unauthorized modification of the Service or a device provided for use with the Service by the Customer, an End User and/or any third party
4.5 Singtel takes no responsibility for the security, confidentiality, or privacy of the communications and/or data transmitted over the Internet and does not warrant (and expressly excludes any and all express or implied warranties) that the Service will be without failure, delay, interruption, error or loss of content, data or information. Singtel shall not be liable for any compatibility issues pertaining to Customers’ computers, applications or other software on any computers using the Service nor shall Singtel be liable for any loss of data associated with the Service.
4.6 The Customer acknowledges that it shall be responsible for supplying and authorizing access to its End Users. The Customer shall ensure that it terminates or reassigns access to the Service from any End User that the Customer deems to have become unauthorized to access the Service at any time.
4.7 The Customer acknowledges that the availability of the Service is subject to:
(a) availability of resources, including, without limitation, availability of a suitable network infrastructure at the time at which the Service is requested or delivered;
(b) geographic and technical capability of the Singtel network and of Singtel’s delivery systems at the time at which the Service is requested or delivered;
(c) provisioning time that may be required by Singtel to provide the Service;
(d) the CPE meeting the minimum internet browser requirements as published on the Portal for the Service from time to time;
(e) the eligibility of the Customer. The Customer must have a valid Unique Entity Number (“UEN”) or Business Registration Number (“BRN”); and
(f) the Customer settlement of Customer’s outstanding debts in any Singtel service accounts.
4.8 The Customer acknowledges that:
(a) the Customer must procure and maintain at its own expense any equipment, software, operating conditions and/or specifications needed to implement, receive and use the Service, unless Singtel expressly agrees otherwise in writing;
(b) the technical means by which Singtel supplies the Service is at Singtel’s sole discretion;
(c) the Service does not include and Singtel shall not be responsible for any configuration of the CPE. This includes the configuration of any wired or wireless connectivity that may be supported by the CPE;
(d) where the parties agree that Singtel deliver a solution containing both SaaS services and other services and/or products, the terms of the non SaaS service part of the solution are to be agreed between the parties separately;
(e) upon using the Service, the Customer and/or the End User acknowledges and accepts the Third Party Vendor terms of service and/or End User License agreement. Breach of any Third Party Vendor’s terms may entitle Third Party Vendor to take legal acti on against the Customer;
(f) the Customer hereby consents that any data used and/ or processed by the Service may reside on Third Party’s Vendor’s infrastructure;
(g) the Customer may use the Service only for its own internal use and the Customer may not resell or distribute the Service, unless expressly stated in writing to the contrary.
(h) if applicable, any change in Service may cause Service termination and Clause 6.2 and 6.4 may apply;
(i) the Customer may authorize only named End Users to use the Service and shall keep a register of such named users and make it available for Singtel’s inspection at Singtel’s request.
(j) the Customer shall be liable towards Singtel for any Service related claim presented by any End User(s) or third parties; and
(k) the Customer is responsible for ensuring that any terms and conditions of use of the Service are brought to the attention of, and complied with by, any person that the Customer permits or allows to use the Service.
4.9 The Customer shall not:
(a) through the use of the Service infringe any copyright or other intellectual property rights pertaining to the information or resources made available by the Service nor shall the Customer retain such information or resources for re-use in any computer system or otherwise;
(b) use the Service to access information and/or resources which are private to individual and organizations unless permission to do so has been granted by the owners or holders of the rights to such resources and/or information;
(c) reverse engineer, decompile, disassemble or otherwise discover the Service or the Service APIs (application programming interface) or the software for the Service or develop, change, modify or copy the Service or the software for the Service; or
(d) remove, modify or obscure any copyright, trademark or other proprietary rights notices that is contained in the Service.
4.10 If the Customer reports a fault and following investigation from Singtel, either no fault is found or Singtel determines that the fault does not lie with Singtel, then Singtel may charge the Customer an administrative fee for the fault report at Singtel’s then prevailing rate.
5. Version and Changes to Service
5.1 The Service supports limited number of web browsers and may require helper applications, client software and equipment. Supported combinations may be changed from time to time.
5.2 Singtel has no obligation to provide, support or maintain the Service if the Customer uses software, software version, equipment or other facilities that are not in compliance with the Service requirements.
5.3 The Service may be updated from time to time.
5.4 Singtel is entitled to change the Service if such change is necessary due to mandatory legislation or a decision by a competent authority or the change relates to the changes by third party licensor or hardware or software manufacturer to its products or license terms.
5.5 Singtel has a right to discontinue the Service or feature thereof and if the Service is not materially affected. In such instance, Singtel may terminate the agreement for the Service or feature thereof by notifying the Customer reasonably in advance.
6. Termination
6.1 For Customers who have subscribed for the Service, Singtel or the Customer may terminate the Service, including/or the Subsequent Order, by giving to the other not less than thirty (30) days’ prior written notice.
6.2 Upon termination (regardless at Trial Period or Term), the following will apply:
(a) the Customer’s data and/or user accounts will be removed and deleted; and
(b) the registered Portal account for access to the Portal will continue to be active unless Customer otherwise requests.
6.3 Singtel may terminate the Service, and/or block any content as the case may be with immediate effect if Singtel believes that the Customer or End User’s use of the Service as the case may be is unlawful including, without limitation, alleged breach of any End User License, fraud, invasion of privacy, illegal pornography, obscenity, defamation or interference with, or disruption to, other network users, network services or network equipment.
6.4 Upon termination of the Service, the Customer shall be liable to pay Singtel:
(a) where the effective date of termination of the Service is the same as the expiry date of the Initial Term for the Service, th e Fees and Charges up to and including the effective date of termination of the Service;
(b) where the effective termination date of the Service is before the expiry date of the Initial Term for the Service, the Fees and Charges up to and including the effective date of termination of the Service and 100% of the monthly recurring charge(s) for the period between the effective date of termination of the Service and the expiry date of the Initial Term of the Service (if applicable); or
(c) where the effective termination date of the Service occurs during the Subsequent Term, the Fees and Charges up to and including the effective date of termination of the Service and 100% of the monthly recurring charge(s) for the period between the effective date of termination of the Service and the expiry date of the Subsequent Term of the Service (if applicable).
7. Service Provision
7.1 Singtel shall charge for all Work at Singtel’s then prevailing rate, where applicable.
7.2 In addition to the Fees and Charges in Clause 3 of the General Terms, a surcharge shall be payable for any Work on public holidays, the eve of public holidays, or outside the following hours:
Monday to Friday 8.30am - 6.00pm
Saturday 8.30am - 1.00pm
7.3 Singtel reserves the right not to accept or proceed with any application for Work. In particular, Singtel may not accept or proceed with any application for Work if:
(a) the application submitted by the Customer and received by Singtel is not duly completed, signed and company stamped as necessary; or
(b) Singtel considers it is unable to perform the Work due to non-availability of resources as stipulated under Clause 4.7.
7.4 Where the Customer requests that Singtel provision the Service within a specified period, Singtel shall, in consultation with the Customer, determine the date to complete the Work (the “Date of Service Required”).
7.5 If Singtel is unable to complete all or any of the Work on or before the Date of Service Required, then the Customer must:
(a) cancel that part of the Work that Singtel is unable to complete on or before the Date of Service Required, without being liable to pay the cancellation charges referred to in Clause 5.3 of the General Terms; and
(b) accept that part of the Work that Singtel has completed and pay for the same at Singtel’s then prevailing rate.
and the Customer shall have no other claim against Singtel, and Singtel shall have no liability in contract, at law or equity, for failure to complete the Work before the Date of Service Required.
7.6 If the Customer requests to defer completion of the Work to a date after the original Date of Service Required, the Customer shall be liable to pay a reservation fee at Singtel’s then prevailing rate. For the purposes of this Clause, the period of reservation shall be the period between the originally agreed Date of Service Required and the date of completion of the Work.
7.7 If the Customer cancels the Work, the Customer shall be liable to pay the cancellation charges at Singtel’s then prevailing rate.
8. Intellectual Property Rights
8.1 All the Intellectual Property Rights belong to Singtel, Singtel’s subcontractors or Third-Party Vendors who have issued licenses to Singtel for the provision of the Service and are not transferred to the Customer.
9. Limitation of Liability, Damages
9.1 The Customer shall present any claims in writing to Singtel within one (1) month from the date the defect which the claim relates to was noticed, or should have been noticed, but in any event within one (1) month from the delivery.
9.2 Without prejudice to Clause 10 of the General Terms, the Customer shall be responsible and liable for any costs, expenses, and damages of Singtel arising out of or due to the unauthorized use, copying, reproduction and/or distribution of the Service, the software or their parts.
9.3 In addition to Clause 11.1.2 of the General Terms, Singtel shall not be liable in any way, whether in contract, tort (including negligence or breach of statutory duty) or otherwise for any losses, damage or liability incurred or sustained by the Customer as a result of Singtel carrying out actions on Customer’s request or instructions.
10. Force Majeure
10.1 Singtel is released from all contractual obligations and liability if Singtel’s performance is effected by force majeure.
11. Consent to Use and Disclosure of Information and Data
11.1 The Customer agrees that Singtel shall be entitled to use or disclose any information or data disclosed by the Customer in accordance with Clause 15 of the General Terms.
The Customer is entitled to withdraw such consent in the procedure as prescribed by Singtel from time to time.
12. General
12.1 The Customer acknowledges and agrees that the Service may include Third Party Vendor software and/or other related items to which the Customer agrees to bear all risk in respect of any use by it thereof or reliance upon any results or data produced thereby. Singtel makes no warranty or representation whatsoever in relation to any component of the Service and specifically disclaim any and all express or implied warranties (including any warranty as to non-infringement, satisfactory quality and/or suitability for purpose etc.) in relation therewith to the maximum extent permissible by law. Accordingly, the Customer shall not make any claim whatsoever against Singtel or any of its related corporations, howsoever based on any use by the Customer of any component of the Service hereunder.
12.2 The Customer shall, at all times, be bound by and shall fully observe and comply with any and all Third-Party Vendor terms and conditions of use whether or not attached to these Specific Terms, including any variations and/or amendments thereto, that is howsoever and/or whensoever notified to the Customer by such third party or by Singtel. The Customer acknowledges and agrees that it shall be a condition for the Service to be rendered or continue to be rendered (as the case may be), for the Customer to agree to and be bound by and to fully observe such Third-Party Vendor terms.
12.3 The Customer shall be bound by and shall fully observe and comply with all the General Terms as well as such other terms and conditions as may be agreed or accepted by the Customer. The rights and protections conferred on Singtel under these Specific Terms and Conditions shall be additional to the rights and protections conferred on Singtel under the General Terms and any other terms and conditions agreed or accepted by the Customer.
12.4 Any Clause in the General Terms, these Specific Terms and Conditions, or any other terms and conditions as may be agreed or accepted by the Customer, that is invalid, unenforceable, or illegal shall be enforced as nearly possible in accordance with its intended meaning but shall otherwise be deemed to be severed and shall not affect the enforceability of any other Clauses, which Clauses shall continue to be valid and enforceable to the fullest extent permitted by law.
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ANNEX A – Singtel Broadband Security Suite Terms and Conditions
*Note: This Annex shall be read together with the Specific Terms Singtel SaaS Service*
1. Definition and Interpretation
1.1 “Service” means the provision of Internet security protection service, which is known as Singtel Business Fibre Broadband Security Suite.
1.2 “Singtel Business Fibre Broadband Security Suite” or “Broadband Security Suite” is a suite of Internet security service that includes:
The services above are available to Supported Internet Access only.
1.3 “Supported Internet Access” is the new platform for SingNet eVolve Fibre Broadband and SingNet eLite Access with security enabled feature under Singtel Business Fibre Broadband Security Suite.
2. Duration of Service
2.1 The minimum period of subscription shall be:
§ Threat Protection & Web Content Filtering – a period of twelve (12) months, twenty-four (24) months, thirty-six (36) months or such other period as may be stipulated by Singtel as the relevant minimum subscription when the Customer applies for this service calculated to commence on the Commencement Date of Service (the “Initial Contract Term”). Thereafter the Service shall automatically continue in force for successive periods each corresponding with the Initial Contract Term (the “Renewal Term”).
2.2 The Service shall be provided three (3) working days after the Supported Internet Access is successfully handed over and accepted by Customer.
3. Service Requirements and Limitations
3.1 The Customer acknowledges that:
a) The Service will be provisioned with default setting applied and it is the Customer’s sole responsibility to change the setting from the Portal.
b) The availability of the Service is not guaranteed.
c) If any Service is provided with free of charge, Singtel reserves the right to terminate the Service in future.
d) There might be service interruption for their Internet service upon service renewal or migration to new Supported Internet Access platform. During the period of service interruption, there is no service level to be provided.
3.2 Customer shall, at all times, not use any Service and ensure that such Service is not used:
a) To commit an offence or breach of any laws, standard or codes applicable to the Service;
b) In a manner that is excessive or unusual;
c) In a way that interferes (or threatens to interfere) with the efficiency and security of the Service;
d) To accept, transmit or distribute unsolicited bulk mail, including but not limited to unsolicited commercial email.
e) To distribute any Trojan horse, worm, malicious or destructive code or any instructions activating such code, or virus;
f) To menace, harass or stalk any person;
g) To distribute material that is defamatory, obscene or could cause offence or harm;
h) In a manner that infringes any other person’s intellectual property rights, confidential information or other rights;
i) To create or copy or attempt to create or copy by reverse engineering, disassembly, de-compilation or otherwise, the source code,internal structure, hardware design or organization of any Service, or any part thereof, or to aid or to permit others to do so, except and only to the extent expressly permitted by applicable law;
j) Remove any identification or notices of any proprietary or copyright restrictions from any Service or any support material;
k) Copy the software, modify, translate or, unless otherwise agreed, develop any derivative works thereof or include any portion of Service in any other software program; and
l) Separate Service into component parts for distribution or transfer to a third party.
3.3 Singtel does not currently offer or support provision of the Service to Customers located in any country outside Singapore. If the Customer uses the Service in any other country, then the Customer does so at the Customer’s own risk, including the risk that such act ivity may violate the local laws or other rules or regulations within the relevant country regarding such use.
3.4 Singtel does not warrant or guarantee and specifically disclaims any and all express or implied warranties or guarantees whatsoever pertaining to the availability, effectiveness or performance of the Service.
3.5 The Customer shall ensure that the Service supplied under this Agreement is only used for Customer’s own consumption within its own organization and that it will not re-supply the Service to its own customers or any third parties. In the event that the Customer breaches this clause, Singtel may terminate the Service immediately without any liability to Singtel whatsoever, including in damages or otherwise. Singtel reserves the right to also seek compensation from the Customer in respect of any loss and damage incurred.
4. Data Privacy
4.1 In the course of providing the Service, Singtel may process, and store data and information that belongs to, originates from or is received by the Customer, including personal information and information that is sensitive or confidential to the Customer (“End Customer Information”)
4.2 With respect to any and all data, including, but not limited to, third party data, personally identifiable information and associated metadata obtained by Singtel pursuant to the Customer or the User’s use of the Services (collectively, the “Data”):
a) each Party shall be responsible for complying with the privacy laws and/or regulations (“Privacy Laws”) applicable to it; and
b) Customer shall be responsible for obtaining any consent from or providing notice to user regarding Singtel’s access to, use or processing of the user’s information in connection with the provision of the Service.
4.3 Singtel may collect End Customer Information from the Customer when the Customer registers for access to a Service. The Customer acknowledges that because Singtel relies on Third Party Suppliers to provide the Services to the Customer, Singtel requires additional rights to use and disclose End Customer Information in connection with a Service. Accordingly, the Customer agrees.
a) to allow Singtel to use and disclose End Customer Information for any purpose which Singtel reasonably considers is necessary to provide a Service to the Customer; and
b) to allow Singtel to provide End Customer Information to any Third-Party Supplier (or their suppliers) who are responsible for providing a Service to the Customer.
4.4 Singtel may collect End Customer Information from the Customer when the Customer registers for access to a Service. The Customer acknowledges that because Singtel relies on Third Party Suppliers to provide the Services to the Customer, Singtel requires additional rights to use and disclose End Customer Information in connection with a Service. Accordingly, the Customer agrees:
a) to allow Singtel to use and disclose End Customer Information for any purpose which Singtel reasonably considers is necessary to provide a Service to the Customer; and
b) to allow Singtel to provide End Customer Information to any Third-Party Supplier (or their suppliers) who are responsible for providing a Service to the Customer.
4.5 Singtel may collect End Customer Information from the Customer when the Customer registers for access to a Service. The Customer acknowledges that because Singtel relies on Third Party Suppliers to provide the Services to the Customer, Singtel requires additional rights to use and disclose End Customer Information in connection with a Service. Accordingly, the Customer agrees:
a. to allow Singtel to use and disclose End Customer Information for any purpose which Singtel reasonably considers is necessary to provide a Service to the Customer; and
b. to allow Singtel to provide End Customer Information to any Third-Party Supplier (or their suppliers) who are responsible for providing a Service to the Customer.
4.6 The Customer understands that:
a. some End Customer Information may be transmitted to and stored overseas; and
b. a third-party recipient of End Customer Information may in turn transmit that information to another country while providing a Service to the Customer.
4.7 The Customer agrees that, except to the extent expressly set out in these Terms and Conditions, Singtel and its Third-Party Suppliers (and their suppliers) have no obligation to hold, export or return End Customer Information or Data to the Customer following the termination of a Service.
4.8 By using any Service, Customer consents to Third Party Suppliers contacting Customer directly for any purpose that Singtel reasonably considers is related to the provision of the that Service, including but not limited to notifying Customer of any service out ages, migration details or any other service issues.
5. Technical Specifications
5.1 The Service protects end client devices such as computers for all outbound initiated Internet session through the Supported Internet Access.
6. Technical Specification
6.1 The Service protects end client devices such as computers for all outbound initiated Internet session through the Supported Internet Access.
6.2 The supported protocol is listed on the Table 1 below:
Service |
Supported Protocol |
Threat Protection: |
|
Anti-Virus |
HTTP |
Anti-Malware, Anti-Phishing and Anti-Botnet |
HTTP, HTTPS |
Content-Filtering: |
HTTP, HTTPS |
Table 1 Supported Protocol
6.3 Only Internet bound traffic will be scanned automatically according to service subscription.
7. General
7.1 The Customer acknowledges that any Service is not intended or suitable for use in situations or environments where the performance of, use or misuse of, failure of, or errors or inaccuracies in the content, date or information provided by, the Service could lead to death, personal injury, or severe physical, property, or environmental damage.
7.2 The Service provided by Singtel under these Specific Terms and Conditions may not be re-sold or otherwise re-provided by the Customer to any other person(s) whomsoever. In the event that the Customer desires to re-sell or re-provide the Service, the Customer and Singtel shall enter into a separately negotiated agreement prescribed for the same by Singtel containing the terms and conditions for such a re- sale or re-provision.
7.3 The Customer acknowledges that Business Broadband Security Suite is using the solution from third party supplier, Allot. The Customer agrees to be bound by Allot’s End User License Terms upon subscription of Business Broadband Security Suite service.
ANNEX B. Allot End User License Agreement
1. Limited License. Purchase of the Product shall entitle the End User to a personal, non-transferable, non-assignable, non-exclusive and limited rights to use the Products (the “License”).
2. Non-Several Product. The Product is licensed as a single product. End User may not separate its component parts for use as more than one system or for any other purpose.
3. Further Limitation. The End User may not rent or lease the Product or otherwise allow third parties to copy or use the Product.
4. Protection of Intellectual Property
4.1 The Product is protected under national and international copyright, trademark and trade secret laws. The Product or the components thereof also may be protected under national and international patent laws. All right, title, and interest to the Software Products shall remain with Singtel and its supplier and/or licensor. The License granted herein does not constitute a sale of the Software Product or any portion or copy of it. A copy of the Software Product is provided to the End User only to allow the End User to exercise its rights under the License. The Hardware Product components of the Product are purchased by and the Software Products are licensed to the End User for the End User’s internal use and the Product may not be used by, sub-licensed, re-sold, rented, or distributed to any other party. The End User may not assign the End User’s rights under this Module without the prior written consent of Singtel.
4.2 The End User acknowledges that the source code of the Software Products, and the concepts and ideas incorporated by this Product, are valuable intellectual property of Singtel and its supplier and/or licensor. The End User agrees not to copy the Product, nor to distribute any such concepts or ideas to any third party, or to attempt (or permit others) to decipher, reverse translate, de-compile, disassemble or create derivative works based on the Product or any part thereof, or to develop methods to enable unauthorized parties to use the Product, or to develop any other product containing any of the concepts and ideas contained in the Product. Trademarks may be used only to identify printed output produced by the Product. The provisions of this paragraph shall survive the termination of this Module.
5. NO WARRANTY. THE OPERATOR’S SUPPLIER AND/OR LICENSOR DOES NOT WARRANT ANY WARRANTY OF ANY KIND TO END USER.
6. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE OPERATOR’S SUPPLIER AND/OR LICENSOR BE LIABLE UNDER THIS MODULE, FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.