B3CAFE END-USER LICENSE AGREEMENT

End-User License Agreement (“Agreement”)

Please read this End-User License Agreement (“Agreement”) carefully before clicking the “Accept - finish” button, downloading or using B3 Billing Management System. (“Software”). By clicking the “Accept - finish” button, downloading or using the Software, you (“Client”) are agreeing to be bound by the terms and conditions of this Agreement. If Client does not agree to the terms of this Agreement, Client must not click on the “Accept - finish” button and do not download or use the Software.

1. License

For purposes of this License, the term "Licensee" means the person, company or entity that uses the Software under this License. The Licensee must accept and agree to this License before installing or using the Software. All title and intellectual property in and to the Software are owned by B3 Technology PLT as a licensor. The Software is also protected by copyright law; all other licenses must be purchased B3 Technology PLT ONLY. Except as otherwise expressly provided herein, this License will also govern any Software updates and upgrades that may be provided to Licensee in accordance with B3 Technology PLT current maintenance and support policies, unless such updates and upgrades are provided under separate license agreement. Any other software that may be provided with the Software that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement.

• License Grant

B3 Technology PLT hereby grant the Client a revocable, non-exclusive, non-transferable, limited right to install and use the Software strictly in accordance with the terms and conditions of this License, the usage rules and any service agreement associated with this Software.

 

2. Restrictions

Client may not:

2.1 (i) Reverse engineer, disassemble, decompile, translate, reconstruct, transform or extract the Software or any portion of the Software; or (ii) Change, modify or otherwise alter the Software.

2.2 Except as authorized by a distribution agreement, reseller agreement or other agreement between you and B3 Technology PLT or other member of B3 Technology PLT, publish, resell, distribute, broadcast, transmit, communicate, transfer, pledge, rent, share or sublicense the Software;

• Use any solution or method derived from the Software to provide or build a product or service that competes with the Software.

 

3. Updates

B3 Technology PLT may provide enhancements, modifications, revisions and/or new versions of particular Software in form of an update or upgrade (“Update” and “Upgrade” respectively, the classification of which shall occur according to our sole discretion). If and when B3 Technology PLT provides Updates and/or Upgrades, Client must download and install such Updates and/or Upgrades in order to obtain maximum benefit from the Software. Moreover, if Client does not use the most recent version of the Software, the functionality of the Software may be reduced or impaired in whole or in part. B3 Technology PLT will notify Client whenever an update or upgrade is available via email or other method deemed fit.

 

4. Limited Warranty

Software, updates and upgrades are licensed "as is," without warranty of any kind. B3 Technology PLT makes no warranty not expressly set forth in this license. The Software is provided "as is," without warranty of any kind. B3 Technology PLT disclaims and excludes all implied warranties, including, without limitation, the implied warranties of non-infringement, merchantability and fitness for a particular purpose. Any express warranty made outside of this license is excluded and superseded. B3 Technology PLT does not warrant that the Software will satisfy licensee's requirements or that it is without defect or error or that the operation thereof will be uninterrupted or error free. B3 Technology PLT shall not in any case be liable for any incidental, consequential, indirect or punitive damages, or for any loss of profits or revenues, or for loss of computer programs or data, regardless of the form of action and even if B3 Technology PLT had been advised of the possibility thereof.

 

5. Limited Liability

B3 Technology PLT shall be not be liable to the Client or any third party for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, business, interruption or the like), arising out of the use or inability to use the Software or this Agreement based on any theory of liability including breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if B3 Technology PLT or its representatives have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose.

 

6. Privacy and Collection of Personal Data or System Information

6.1 The Software or Support may employ applications and tools to collect Personal Data, sensitive data or other information about Client ( including Client’s name, address, e-mail address and payment details), their computers, files stored on their computers, or their computers’ interactions with other computers (including information regarding network, licenses used, hardware type, model, hard disk size, CPU type, disk type, RAM size, 32 or 64 bit architecture, operating system types, versions, locale, BIOS version, BIOS model, total scanners deployed, database size, system telemetry, device ID, IP address, location, content, B3 Technology PLT products installed, processes and services information, frequency, information about third party products installed, extracts of logs created by B3 Technology PLT, usage patterns of B3 Technology PLT products and specific features, etc.) (collectively, Data).

6.2 The collection of the Data may be necessary to provide Client with the relevant Software or Support functionalities as ordered, to enable B3 Technology PLT to improve Software or Support (including content synchronization, data backup, troubleshooting, etc.), to enable B3 Technology PLT to manage licenses to Software or Support, and to further or improve overall security and end-user experience for Client.

6.3 By entering into this Agreement, or using the Software, Support or service subscription, Client is hereby consent and authorizes B3 Technology PLT to process and verify the information and materials given about the Client.

 

7. Intellectual Property Right

7.1 The Software, including its object code and source code, whether or not provided to the Client, is Confidential Information of B3 Technology PLT. B3 Technology PLT owns exclusively and reserves all rights, title and interest in and to theB3 Technology PLT Software, including all Intellectual Property Rights as well as any Derivative Works. Client may not exercise any right, title and interest in and to the B3 Technology PLT Software or any related Intellectual Property Rights, except for the limited usage rights granted to the Client in this Agreement. Client agrees, on behalf of itself and its affiliates, that Client and its affiliates will take no action inconsistent with B3 Technology PLT’s Intellectual Property Rights.

7.2 This Agreement is not an agreement of sale, and does not transfer any title, Intellectual Property Rights or ownership rights to the B3 Technology PLT Software to the Client. Client acknowledges and agrees that the B3 Technology PLT Software, documentation and all ideas, methods, algorithms, formulae, processes and concepts used in developing or incorporated into the B3 Technology PLT Software, all future Updates and Upgrades, and all other improvements, revisions, corrections, bug-fixes, hot- fixes, patches, modifications, enhancements, releases, signature sets, upgrades, and policy and database updates and other updates in, of, or to the B3 Technology PLT Software, as applicable, all Derivative Works based on any of the foregoing, and all copies of the foregoing are trade secrets and proprietary property of B3 Technology PLT, having great commercial value to B3 Technology PLT.

 

8. Advertisement Display

The Software is configured to support third party advertisements. B3 Technology PLT reserves the right to insert and display advertisements in Client premise’s PCs, and Client hereby agrees, consents, and authorizes B3 Technology PLT to display advertisement in his/her premise. Clients therefore are prohibited to remove the inserted advertisement without B3 Technology PLT’s consent, or use any 3^rd party software or other unauthorized method to remove and prevent B3CAFE advertisement from being displayed. Any clients who are found or reported for removing B3CAFE advertisement without consent, B3 Technology PLT reserves the right to terminate the client’s B3CAFE License Key after a proper investigation. The client will no longer able to use the existing B3CAFE and is required to repurchase a new B3CAFE License Key. B3 Technology PLT may also reject the client’s all future subscription if the case is deemed serious.

 

9. Software Usage Requirement and Tutorial

9.1 The Software required internet connection to function normally. The Client must ensure the PC is connected to the internet connection to avoid Software disabled. The Software will disable automatically after internet disconnected for a specific time, and will require reconnection to the internet to reactivate the Software.

9.2 B3 Technology PLT had provided a full set of Software usage tutorial fully detailed at https://b3technology.com.my/English/Services/Support/, which the Client may refer to fully understand the steps and methods to use the Software.

 

10. Technical Support

With respect to some of our Software, at our sole discretion, we may offer technical support upon request. We provide such technical support without any warranty of any kind. Client may contact our technical support via https://b3technology.com.my/English/Contact-Us/.

 

11. Additional Terms

11.1 B3 Technology PLT reserves the right to terminate the Client’s license if the Client violated the terms and conditions in this Agreement, and Client is required to destroy all the copies of the Software.

11.2 B3 Technology PLT reserves the right to add, delete, filter or amend any of these terms and conditions at any time without giving notice of changes to the customer.

11.3 Having direct or indirect business engagement with competitors will place B3 Technology PLT’s business at risk and competitive disadvantage. B3 Technology PLT reserves the right not to have any business engagement, including but not limited to, selling and providing of products and services to any competitors or companies that have business engagement with competitors.

11.4 Customer hereby undertakes to indemnify in full and hold B3 Technology PLT harmless from any and all costs, expenses, losses, damages, liabilities, proceedings, claims and demands (including solicitors and agency fees, costs and court fees) arising out of or in any way caused by the use or misuse of the Software in the event that it becomes necessary for B3 Technology PLT to institute or defend any legal proceedings of any nature in order to enforce or protect its rights in respect of or arising from this Agreement.