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

 

1. 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.

 

2.   For Use on a Single Computer. The On-line may be used only on your company's computer by a single user at any time.

 

3. 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.

 

4. 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.

 

5.   No 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.

 

6. 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 reasonable conditions.

 

7.      No 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.

 

You agree 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.

 

YAMATO 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.

 

8.      TERMINATION. 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.

 

9.      NO 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.

 

No 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.

 

Unless 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