YAMATO TRANSPORT (S) PTE LTD
This is a legal
agreement between you and Yamato Transport (S) Pte Ltd and its subsidiaries
("Yamato"). This Agreement states the terms and conditions upon which Yamato
offers to license the On-line download from this website together with all
related documentation and accompanying items including, but not limited to, the
executable programs, drivers, libraries and data files associated with such
programs (collectively, the "On-line"). LICENSE
Usage of License. The
On-line is licensed, not sold, to you for use only under the terms of this
Agreement. This License Agreement is your proof of license to exercise the
rights granted herein and must be used by you. As between you and Yamato (and,
to the extent applicable, its licensors), Yamato retains all title to and
ownership of the On-line and reserves all rights not expressly granted to you.
Yamato grants to you the right to use all or a portion of this On-line provided
that (a) the On-line may NOT be modified; and (b) all copyright notices are
maintained on the On-line.
Use on a Single Computer. The
On-line may be used only on your company's computer by a single user at any
Copyright. The On-line
is owned by Yamato and/or its licensors, and is protected under Singapore
jurisdiction and international treaty provisions. You may not remove the
copyright notice from any copy of the On-line or any copy of the written
software, if any, accompanying the On-line.
Limitations on Using, Copying, and Modifying the On-line. Except to the extent expressly permitted by
this Agreement or by the laws of the jurisdiction where you acquired the
On-line, you are not to use, copy or modify the On-line. Nor may you
sub-license any of your rights under this Agreement. You may use the On-line
for your company only, and not for usage or for the creation of publicly
displayed materials for own non-commercial use.
Merger or Integration. You may
not merge any portion of the On-line into, or integrate any portion of the On-line
with, any other program, except to the extent expressly permitted by the laws
of the jurisdiction where you are located. Any portion of the On-line merged
into or integrated with another program, if any, will continue to be subject to
the terms and conditions of this Agreement, and you must reproduce on the
merged or integrated portion all copyright and other proprietary rights notices
included on the originals of the On-line.
Disassembling, De-compiling, or Impairment of Interest. You acknowledge that the On-line contains
trade secrets and other proprietary information of Yamato and its licensors.
Except to the extent expressly permitted by this Agreement or by the laws of
the jurisdiction, you may not disassemble, de-compile, or otherwise reverse
engineer the On-line, or engage in any other activities to obtain underlying
information that is not visible to the user in connection with normal use of
the On-line. In particular, you shall agree not for any purpose to transmit the
On-line. In particular, you shall agree not for any purpose to transmit the On-line or
display the On-line's object code on any computer screen or that to make any
hardcopy memory. If you believe you require information related to the software
OS of the On-line with other programs, you shall not de-compile or disassemble
the On-line to obtain such information, and you agree to request such
information from Yamato. Upon receiving such request, Yamato shall determine
whether you require such information for a legitimate purpose and, if so,
Yamato will provide such information to you within a reasonable time and on
Transfer of License.
You may not transfer your license of the On-line to a third party. You agree
not to assign, copy, transfer or transmit the Yamato On-line Data or Yamato
On-line Data to any third party.
that your non-exclusive license to use the Yamato On-line Data System will
terminate if you violate these restrictions. If your license terminates, you
agree to cease any and all use of the Yamato On-line Data System. You agree
that Yamato Transport (S) Pte Ltd may enforce its rights under this Agreement
against you directly in its own name. The Yamato On-line Data and each item of Yamato
On-line Data cum makes no representations or warranties, express or implied,
regarding the accuracy of any Yamato On-line Data from in the Yamato On-line
Data System. Yamato reserves the right to delete data from the Yamato On-line
data System or to change data categories for any cause that Yamato deems
sufficient and/or necessary. No warranty is made that the Yamato On-line Data
or Yamato On-line Data System are error-free or that functioning of Yamato
On-line Data or Yamato On-line Data System will be uninterrupted. Yamato is not
obligated to provide you with any new enhanced or additional data types or
categories that Yamato may choose to provide in the future and is free to
discontinue its online services at any time.
DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF THE FITNESS FOR A PARTICULAR PUROPSE, AND
NON-INFRINGEMENT. Yamato does not warrant the results that will be obtained by
your use of the Yamato On-line Data or Yamato On-line Data Server. IN NO CASE
WILL YAMATO BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTIAL DAMAGES OR FOR ANY
LOST PROFITS, OR LOST REVENUES. YAMATO IS A THIRD PARTY BENEFICIARY HEREUNDER
AND MAY ENFORCE ITS RIGHTS AGAINST YOU TO THE SAME EXTENT AS IF IT WERE A PARTY
TO THIS AGREEMENT.
The license granted
to you is effective until terminated. You may terminate it at any time by
destroying the On-line (including any portions or copies thereof) currently in
your possession or control. The license will also terminate automatically
without any notice from Yamato if you fail to comply with any term or condition
of this Agreement. You agree upon any such termination to destroy the On-line
(including any portions or copies thereof). Upon termination, Yamato may also
enforce any and all rights provided by law.
The provisions of this Agreement that protect the
proprietary rights of Yamato will continue in force after termination.
WARRANTY. ANY USE
BY YOU OF THE ON-LINE IS AT YOUR own
RISK. THE ON-LINE IS PROVIDED FOR USE ONLY WITH YAMATO'S HARDWARE AND RELATED
ON-LINE. THE ON-LINE IS PROVIDED FOR USE "AS IS" WITHOUT WARRANTY OF ANY KIND.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YAMATO DISCLAIMS ALL LIABILITIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED
WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PUPOSE, AND
NONINFRINGEMENT. YAMATO IS NOT OBLIGATED TO PROVIDE ANY UPDATES ORUPGRADES TO
THE ON-LINE DATA, THE YAMATO ON-LINE DATA SYSTEM.
distributor, dealer or any other entity or person is authorized to expand or
alter this warranty or any other provisions of this Agreement. Yamato does not
warrant that the functions contained in the on-line will meet your requirements
or that the operation of the On-line will be uninterrupted or error-free or
free from malicious code. For purposes of this paragraph, "malicious code"
means any program code designed to contaminate other computer programs or
computer data, consume computer resources. Modify, destroy, record, or transmit
data, or in some other fashion usurp the normal operation of the computer,
computer system, or computer network, including all types of viruses, and the
like. Any representation, other than the warranties set forth in this
Agreement, will not bind Yamato. You assume full responsibility for the
selection of the On-line to achieve your intended results, and for the
downloading, use and results obtained from the On-line. You also assume the
entire risk as it applies to the quality and performance of the on-line. You
also assume the entire risk as it applies to the quality and performance of the
On-line. Should the On-line prove defective, you (and not Yamato, or its
distributors or dealers) assume the entire cost of all necessary servicing,
repair or correction. Further, Yamato shall not liable for the accuracy of any
information provided by Yamato or third-party technical support personnel, or
any damages caused, either directly or indirectly, by acts taken or omissions
made by you as a result of such technical support usage. This warranty give you
specific legal rights, and you may also have other rights that vary from
country/state to country/sate. Some countries/states do not allow the exclusion
of implied warranties, so the above exclusion may not apply to you. Yamato
disclaims all liabilities of nay kind if the on-line was customized, repackaged
or altered in any way by anyone, other than Yamato.
10. DISCLAIMER OF DAMAGES:
LIMITATION OF LIABILITY IN NO EVENT SHALL YAMATO OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, without
limitation, incidental, direct, indirect, special or consequential damages, or
for any personal injury or bodily injury (including death) to any person caused
by Yamato's negligence, damages for loss of business profits, business
interruption, loss of business information, or other
pecuniary loss) arising out of the
use or inability to use this on-line, even if yamato or it licensors have been
advised of the possibility of such damages. In no event will yamato's liability
or damages to you or any other
person ever exceed the amount paid
by you to use the on-line, regardless of the form of the claim. Because some
states/countries do not allow the exclusion or limitation of liability for
consequential or incidental damages, the above limitation may not apply to you.
indemnification by you As we are acting in accordance as per your
instructions, your company accept full responsibility and furthermore shall
defend, indemnify and hold harmless Yamato transport (S) Pte Ltd, their
principal, and the carrier agent for all consequences, liabilities, losses,
damages, costs and expenses arising out of nay other person relying on such
arrangement, advice or information.
11. CONTRACTOR/MANUFACTURER The Contractor/Manufacturer for the
On-line is: Yamato Transport (S) Pte Ltd, Blk 511 Kampong Bahru Road, unit
04-03 Keppel Distripark, Singapore 099447.
12. GENERAL This Agreement is binding on you as
well as your employees, employers, contractors and agents, and on any
successors and assignees. Neither the On-line nor information derived there
from may be extracted and used except in accordance with the Singapore laws of
the U.S. or other applicable provisions. The laws govern this Agreement. This
Agreement is the entire agreement between us and you agree that Yamato will not
have any liability for any untrue statement or representation made by it, its
agents or anyone else (whether innocently or negligently) upon which you relied
upon entering this Agreement, unless such untrue statement or representation
was made fraudulently. If any provision of this Agreement is deemed invalid or
unenforceable by any country or government agency having jurisdiction, that particular
provision will be deemed modified to the extent necessary to make the provision
valid and enforceable, and the remaining provisions will remain in full force
and effect under Singapore jurisdictions.
you own the copyright or have such authorization, you may be violating
copyright law and may be subject to payment of damages and other remedies. If
you are uncertain about your rights, you should contact your legal advisor. It
is your responsibility when using a Yamato product to ensure there is no
infringement of applicable laws on copyright whereby the copying of certain
materials may require the prior consent of the copyright owners. Yamato
disclaim any liability with regard to any illegal use of the Yamato.
P.s. All business undertaken by us, including advice or
service provided whether by gratuitously or otherwise, are transacted and
subject to the Singapore Logistics Association's Standard trading Terms &
Conditions – Latest Edition 2004. A copy is available upon request