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// "END USER LICENSE AGREEMENT "+
"This End User License Agreement is made between Malaysian Genomics Resource Centre Sdn. Bhd. (“MGRC”) and you (“You/Your”). "+
"Definitions:
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"“MGRC” means Malaysian Genomics Resource Centre Sdn. Bhd. (Company No. 652790-V), a company incorporated under the laws of Malaysia and having its place of business at No. 29-10, Level 10, Signature Office, Bandar Mid-Valley, 59200 Kuala Lumpur.
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"“You/Your” means the Guest accessing www.mgrc.com.my and the Product and the Content (as defined).
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"“The Content” means all content available at www.mgrc.com.my, including but not limited to text, images, data and logos.
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"“The Product” means the products and services offered by MGRC via www.mgrc.com.my
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"“Guests” means all visitors to www.mgrc.com.my.
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"“Free Trial Unregistered Users” means Guests who use the free trial unregistered user account at http://www.mgrc.com.my.
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"“Free Trial Registered Users” means Guests or Free Trial Unregistered Users who sign up for a free trial registered user account at http://www.mgrc.com.my/register.shtml.
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"“Trial Members” means Free Trial Registered Users and Free Trial Unregistered Users.
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"“Members” means Guests, Free Trial Registered Users and Free Trial Unregistered Users who sign up for one of the membership packages available at http://www.mgrc.com.my/mem_packages.shtml.
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"“Free Trial Account” means the Free Trial Registered User account or the Free Trial Unregistered User account described at http://www.mgrc.com.my/mem_packages.shtml.
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"“Security Information” means certain information which will enable Trial Members and Members to select or be assigned user names, passwords, login details and a secret question & answer.
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"“License Agreement” means this online End User License Agreement made between Trial Members or Members and MGRC, read together with the details of the Free Trial Accounts and Membership Packages available at http://www.mgrc.com.my/mem_packages.shtml.
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"“Membership Packages” means the membership packages offered by MGRC described at http://www.mgrc.com.my/mem_packages.shtml.
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"MGRC hereby grants You a personal, non-exclusive and non-assignable license solely for the purpose of using the Free Trial Account or subscribing to one of the Membership Packages offered to You by MGRC as described at http://www.mgrc.com.my/mem_packages.shtml.
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"The Free Trial Account and the Membership Packages are provided to Trial Members and Members on an ‘as-is’ basis subject to the terms of this License Agreement.
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"Guests, Free Trial Registered Users and Free Trial Unregistered Users may subscribe to a Membership Package by e-mailing consultant@mgrc.com.my.
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"Term and Termination
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"This License Agreement shall commence upon the date of Your first use of the Product and shall continue in effect until terminated by MGRC or You.
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"MGRC may terminate this Agreement and/or limit, suspend or revoke access to Your account, the Product or the Content at any time, with immediate effect, and without notice. In the event of termination, You will be notified of the termination date via e-mail. Once suspended or disabled, You will not be able to access Your account or any files or other content contained in Your account.
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"In the event of suspension of Your account, MGRC may in its discretion provide reasons for the suspension and allow You an opportunity to remedy the alleged breach or take such other action as MGRC may determine. At its option however, MGRC may decide to proceed to terminate Your account without providing reasons.
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"Any termination of this License Agreement shall not affect any accrued rights of MGRC nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.
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"Upon termination, You shall destroy all copies of the Product and/or other part of the Content that resides on any media in Your control and possession and fulfill all Your remaining obligations under the License Agreement.
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"You "+
"may cancel your Free Trial Account or Membership Package and terminate this Agreement by sending an e-mail to MGRC at "+
"support@mgrc.com.my notifying us of your intention to do so.
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"MGRC is not obliged to refund amounts paid under any of the Membership Packages for any reason whatsoever.
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"Registration Information
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"In order to register for the Free Trial Account or for one of the Membership Packages, Trial Members and Members will be asked to provide certain details which will enable them to be assigned/ to select Security Information.
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"You will be solely responsible for maintaining the strict confidentiality of any Security Information assigned to/selected by You and to indemnify MGRC for any damage or loss as a consequence of Your failure to do so.
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"You agree to immediately notify MGRC of any unauthorized use of Your Security Information. MGRC shall not be liable to You for any loss or damage suffered by You as a consequence of the theft or inadvertent disclosure of Your Security Information or unauthorised access to and use of the Product using Your Security Information.
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"You represent and warrant that (a) all of the information provided by You to MGRC herein is correct and current; and (b) that You have the necessary authorisation and capacity to enter into this License Agreement and to fulfill Your obligations hereunder.
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"Scope of License & Restrictions on Use of the Product
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"You hereby undertake not to: -
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"(a) modify or create any derivative works of the Product and/or use such "+
"modified or derivative works for any purpose whatsoever;
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"(b) decompile, reverse assemble, reverse engineer, or otherwise attempt "+
"to derive the source code for the Product by any means whatsoever;
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"(c) use the Product in a manner in breach of the Terms & Conditions of Use, Privacy Policy and License Agreement herein contained and/or allow any third party to do so;
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"(d) use the Product in any manner which is not in compliance with all laws, regulations and government authorisations, including but not limited to, laws relating to copyright, trademarks, patent, secrecy, defamation, decency, and privacy-related laws, regulations and authorisations applicable to Your jurisdiction and/or allow any third party to do so;
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"(e) use, redistribute, encumber, sell, rent, lease, sublicense, or "+
"otherwise transfer rights to, and/or exploit, the Product for "+
"commercial purposes, or in a commercial manner other than in "+
"accordance with the license granted herein to use the Product under "+
"the MGRC Free Trial Account or the MGRC Membership Packages, whether "+
"by yourself or with/through third parties.
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"Intellectual Property & Proprietary Rights "+
"
MGRC retains sole and exclusive ownership of all intellectual property and proprietary "+
"rights, title and interests in, among others, the Product and the Content.
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"You agree not to remove any copyright, trademark, or other proprietary "+
"notices forming part of the Product, or to engage in unauthorised "+
"use, redistribution, sale, decompilation, reverse engineering, "+
"disassembly, translation, reproduction or other form of exploitation "+
"of the Product, without prior written permission from MGRC.
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"All proprietary rights in all third party materials, content, data and "+
"information accessed by You through the use of the Product shall "+
"remain vested in the said third party. Some of the original data may" +
"be subject to patent, copyright or other intellectual property "+
"rights, ownership of which is claimed by third parties. You "+
"acknowledge that MGRC is not in a position to grant You unrestricted "+
"permission to use third party data and that You are solely "+
"responsible for Your use of the same. You hereby agree to take steps "+
"to seek all necessary permissions and to otherwise ensure that Your "+
"use of such data does not infringe the rights of such third parties.
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"Nothing "+
"contained herein shall be construed as granting or conferring by "+
"implication or otherwise any license or other right beyond the scope "+
"of the license described herein.
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"Prohibited Conduct
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"You are solely responsible for all conduct and transmissions that occur "+
"under Your Security Information. You agree and undertake not to "+
"upload, publish or otherwise transmit any material or information "+
"which contains a computer virus or other code, file or programme "+
"intending to disrupt the function of the Product; or engage in any "+
"action that infringes, violates, breaches or otherwise contravenes "+
"the rights of any third party, including any copyright, trademark, "+
"patent, or any other proprietary right, or interferes with or "+
"disrupts the use of the Product, or is harmful, threatening, abusive, "+
"defamatory or otherwise objectionable.
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"Disclaimer of Warranty & Limitation of Liability
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"MGRC does not warrant that the Product is free from faults or defects. "+
"MGRC expressly disclaims any warranty with respect to the Product or "+
"the Content or any information delivered, transmitted or sent by MGRC "+
"or any third party through the Product or the Content.
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"You shall use the Product at Your own risk and the Product and the "+
"Content is provided "as-is" without warranty of any kind, "+
"either express or implied, including, without limitation, the implied "+
"warranties of merchantability, fitness for a particular purpose, or "+
"and/or non-infringement, to the fullest extent permitted by law. "+
"The entire risk arising out of use or performance of the Product "+
"is borne by You. The Product is not fault tolerant and should not be "+
"used in any environment which requires this. You hereby expressly "+
"agree not to use or rely on the Product for any applications that may "+
"result in any damage in the event of failure or any other mission "+
"critical applications, or for handling sensitive, private, or "+
"confidential information of any sort. While MGRC takes all reasonable "+
"steps to protect the safety and integrity of data submitted by You "+
"during and after submission, the security mechanisms implemented by "+
"MGRC may have inherent limitations and You hereby accept the "+
"associated risks by Your Use of the Product. You hereby "+
"acknowledge that some functions of the Product may not perform as "+
"expected or at all. MGRC does not warrant or guarantee that the functions performed by the Product will be uninterrupted, timely, "+
"secure, or error-free or that any information, data, computer "+
"program, content and other materials received on or through the "+
"Product will be free of any viruses, worms, trojan horses or any "+
"other destructive properties, and will not contain any objectionable "+
"materials or materials deemed "+
"objectionable by some individuals.Without limiting the "+
"generality of the foregoing, the terms of this License Agreement are "+
"in lieu of all warranties, conditions, undertakings, terms and "+
"obligations implied by statute, common law, trade usage, course of "+
"dealing or otherwise, all of which are hereby excluded to the fullest "+
"extent permitted by law.In no event will MGRC be liable for "+
"any indirect, special, punitive, incidental or consequential damages "+
"(including, but not limited to, damages for loss of business profits, "+
"business interruption and loss of data/information), or any other "+
"damages arising out of the unavailability, use, reliance on, "+
"inability to utilise or improper use of the Product or the Content, "+
"even if advised of the possibility thereof and regardless of the form "+
"of action, whether in contract, tort, or otherwise.
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"Events of Default
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"Breach of any express or implied term of this License Agreement, or of Terms & Conditions of Use or Privacy Policy of MGRC may lead to suspension/termination of Your Free Trial Account or Membership Package.
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"Indemnification
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"You hereby undertake to comply with any and all relevant legal "+
"obligations applicable to Your jurisdiction and agree to indemnify "+
"MGRC and its officers, employees, agents and representatives, and to "+
"hold them harmless, from any and all losses, claims and liabilities "+
"including legal costs on a full indemnity basis which may arise from, "+
"among others, Your illegal or unauthorised use of this site, the "+
"Content, the Product and/or breach of any undertaking or obligation "+
"herein contained or existing in Your jurisdiction.
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"Miscellaneous
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"(a) This Agreement shall be governed by and construed in accordance with "+
"the laws of Malaysia and You agree to submit to the exclusive "+
"jurisdiction of the courts of Malaysia and waive any objection as to "+
"venue, choice of law or forum. All "+
"disputes arising out of or in connection with the License Agreement "+
"may at the option of MGRC be referred to arbitration in lieu of the "+
"above, in which case the choice of law shall be Malaysian law and the "+
"venue for the conduct of such proceedings shall be the KL Regional "+
"Centre for Arbitration.
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"(b) You may not assign or otherwise transfer by operation of law or "+
"otherwise this Agreement or any rights or obligations herein.
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"(c) If any provision herein is held by a court of competent jurisdiction "+
"to be invalid or unenforceable, then such provision shall be enforced "+
"to the maximum extent permissible so as to give effect to the intent "+
"of these terms of use, and the remainder of these terms of use shall "+
"continue in full force and effect.
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"(d) Except as otherwise stated herein, this Agreement sets out the entire "+
"agreement between You and MGRC pertaining to the subject matter "+
"herein, and supersedes all prior promises, agreements or "+
"representations, written or oral, made, issued or extended prior to "+
"this.
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