Joget PAAS Agreement

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THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND OPEN DYNAMICS SDN BHD (“ODSB”) GOVERNING YOUR USE OF ODSB’S JOGET WORKFLOW DEVELOPMENT PLATFORM AS A SERVICE, A SERVICE THAT ALLOW DEVELOPERS TO DEVELOP AND HOST APPLICATIONS USING THE JOGET WORKFLOW PLATFORM (“Joget PAAS”). IF YOU DO NOT AGREE TO THE TERMS OF USE AND TERMS OF SERVICE, DO NOT PROCEED.

The Service:

- Joget PAAS is a subscription service that lets developers (“Developers”) develop or import and host the applications (“Applications”) developed using the Joget Workflow Platform. These Applications may be licensed by the Developers to their clients that maybe individuals or business entities (“Customers”).

The following terms apply to the Developers:

- That you agree to be charged a monthly, quarterly or yearly fee for the use of Joget PAAS. Your subscription will be automatically renewed at the end of each subscription period unless you inform us that you do not wish to renew the subscription. In the event of termination of the subscription, you will be refunded the subscription fee for the unused portion of the subscription period. ODSB reserves the right to change the subscription fee.

- That you warrant that all intellectual property rights in and to the Applications developed or imported by you are fully licensed or owned by you. You specifically warrant that you have not copied the script or logic for the application from Applications developed by other Developers.

- You understand that the right to modify the Applications is granted to Customers by default. If you do not wish to permit the Customers to modify the Applications, you are entirely responsible for entering into a suitable agreement with the Customers. You understand that if you close your account, your Customers will be allowed to modify the Applications even if you have not permitted them to do so.

- That you are solely responsible for making the license terms of your Applications known to your Customers and for entering into suitable agreements with Customers in this regard.

- That if you publish your Application with any data, you represent that such data is duly licensed or owned by you. You also understand that by licensing an application along with data, you grant the Customer a license to use such data.

- You acknowledge that ODSB and other Developers may develop and post similar or otherwise competing Applications. You agree not to make any intellectual property right infringement claims against ODSB or other Developers in respect of similar or competing Applications independently developed by them.

- You agree not to post any Application that may be used for any illegal purpose. You also agree that ODSB may remove Applications that violate this condition.

- You agree to provide Customers the necessary technical assistance and resolve issues with respect to your Applications.

- Governing Law. This Agreement will be governed by the laws of Malaysia, without regard to its choice of law principles. The United Nations Convention for the International Sale of Goods shall not apply.

- ODSB may terminate this Agreement by giving written notice. During such time, the Developers must remove their Applications from Joget PAAS within 45 days of receiving the notice.

- From time to time, the ODSB may change the terms of this Agreement. ODSB will post the updated Agreement on the website. Your continued use of Joget PAAS will indicate your agreement to the change.

- YOU AGREE THAT JOGET PAAS IS PROVIDED TO YOU BY ODSB “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL ODSB BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS APPLICATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.



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