SingTel.com - Consumer

Terms & Conditions For SingNet's Create 56K Dialup Utility

1. 	Acceptance of Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE COMPLETING THE REGISTRATION PROCESS AND BEFORE CLICKING ON THE "ACCEPT" BUTTON BELOW. THESE TERMS OF USE FORM AN INDEPENDENT AGREEMENT BETWEEN YOU AND SINGNET PTE LTD ("SINGNET") FOR THE USE OF THE SOFTWARE KNOWN AS "PC QUALIFIER" AND ALL RELATED DOCUMENTATION, IF ANY, (COLLECTIVELY THE "SOFTWARE") AND ALL OTHER SERVICES AVAILABLE ON OR THROUGH THE SOFTWARE AND THIS WEBSITE.  BY CLICKING ON THE "ACCEPT" BUTTON OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND SINGNET'S SPECIFIC TERMS AND CONDITIONS AND THE GENERAL TERMS AND CONDITIONS OF SINGAPORE TELECOMMUNICATIONS LIMITED AND ANY OTHER DOCUMENTS AVAILABLE ON OR THROUGH http://www.singtel.com (COLLECTIVELY AND SEPARATELY REFERRED TO AS THE "TERMS OF SERVICE"). IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, SINGNET IS UNWILLING TO PROVIDE THE SERVICE TO YOU AND YOU SHOULD CLICK ON THE "CANCEL" BUTTON AND DISCONTINUE THE REGISTRATION PROCESS. 


2.	Limited Licence
SingNet grants you a limited, revocable, non-exclusive, non-transferable licence to install and use the Software for your own individual use to determine if the personal computer in which the Software is installed is equipped with the minimum specifications required for the optimal operation of SingNet's broadband services. You agree not to resell or make any commercial use of the Software. This licence does not entitle you to receive from SingNet any further documentation, or enhancements or updates to the Software. 

3.	Proprietary Rights
You acknowledge and agree that title, ownership rights, and intellectual property rights in the Software shall remain at all times in SingNet and/or its licensor, and further undertake not to take any action to jeopardize, limit or interfere in any manner with SingNet's or its licensor's ownership of or rights with respect to the Software. The Software is protected by copyright and other intellectual property laws of the relevant jurisdiction and by international treaties. You agree that the licence granted under this Agreement gives you no further rights to the Software other than expressly granted. 

4.	Limitations On Use
You may not redistribute the Software unless otherwise approved by SingNet and all copies of the Software shall contain the proprietary notices of SingNet. You may not modify, reverse engineer, decompile or disassemble the Software. You may not adapt, alter, modify, translate, or create derivative works of the Software without the prior written authorization of SingNet.  You may not use the Software for any illegal purposes or any other purpose that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, obscene or that infringes the rights or intellectual property of others 

5.	Termination
SingNet may terminate this licence with or without cause at any time without notice to you.  You may also terminate this Agreement by simply discontinuing use of the Software.  In the event of any termination of this Agreement, the restrictions on your use of the Software as set forth in Paragraph 4 ("Limitations on Use") shall survive such termination, and You agree to be bound by those terms.

6.	Disclaimer of Warranties
SINGNET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SINGNET DOES NOT MAKE ANY WARRANTY THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE SOFTWARE, OR USE OF THE SOFTWARE OR ANY SERVICES OR APPLICATIONS THEREUNDER WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SINGNET MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE.  YOU UNDERSTAND AND AGREE THAT YOU USE THE SOFTWARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF THE SOFTWARE AND FOR ANY OTHER DAMAGE SUFFERED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SINGNET SHALL CREATE ANY WARRANTY WHATSOEVER.

7.	Exclusion of Liability
SINGNET SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL OR ANY OTHER DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO INSTALL AND/OR USE THE SOFTWARE WHETHER IN CONTRACT, TORT, EQUITY OR UNDER STATUTE OR IN ANY MANNER WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, WHETHER OR NOT SUCH LOSS OR DAMAGE WAS FORESEEABLE AND EVEN IF SINGNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.	Indemnification
You agree to indemnify and hold SingNet, its parent, subsidiaries, affiliates, officers, employees, contractors and agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use, misuse or abuse of the Software, the violation of these Terms of Service, or the infringement by you or any other user of the Software (whether authorized or otherwise), of any intellectual property or other right of any person or entity. 

9.	Applicable Law
The Agreement shall be deemed to be a contract made in Singapore and shall be subject to, governed by and interpreted in accordance with the laws of the Republic of Singapore for every purpose and the parties agree to submit to the exclusive jurisdiction of the Singapore courts. 
10.	Exportation
You agree that you will not use, ship, transfer, export or re-export the Software and/or documentation into any country in violation of any Singapore law or governmental regulation. 

11.	Miscellaneous
If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced. SingNet's failure to act with respect to a breach by you or others does not waive SingNet's right to act with respect to subsequent or similar breaches. SingNet may change this Agreement or any part thereof at any time without notice to you.

YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS