Terms of Use

Declaration

Asia Pacific Soft Limited’s SOFTWARE LICENSE AGREEMENT

Please read this agreement carefully. By using all or any portion of the Asia Pacific Soft Limited’s software (“Software”), you acknowledge that you have read this agreement, understand it and agree all the terms and conditions of this agreement. You agree that this agreement is enforceable like any written negotiated agreement signed by you. If you do not agree, do not use the Software. The Software is developed by the Asia Pacific Soft Limited (collectively, “we,” “us,” “APSoft”, “our”). This license agreement (“Agreement”) is a legal agreement between APSoft and you for the Software identified above, which includes computer software and associated media and printed materials (if any), and may include online or electronic documentation.

1. AGREEMENT. Upon our acceptance of your application, APSoft grants you a non-exclusive right to use the Software.

2. USE OF THE SOFTWARE. The Software is for your own use for the purpose of generating Payroll, Mandatory Provident Fund and/or retirement scheme contribution files that can be processed by your service provider (if applicable) and providing associated administration functions for the employees of your company, but not for any other use. The use of the Software is subject to the condition precedent that you could follow the installation/maintenance process prescribed by APSoft. You agree not to: -

(a) distribute, transfer, or provide any copy of the Software and related materials to others without APSoft’s consent;

(b) rent, lease, or sell any copy of the Software and its output including reports to others;

(d) create derivative works based upon the Software;

(e) reverse engineer, de-compile or disassemble the Software;

(f) copy the Software; and

(g) use any logo or graphics files contained in the Software.

3. TERMINATION. Your rights under this Agreement terminate upon your discontinuation of the use of Payroll, the Mandatory Provident Fund and/or retirement scheme service provided by your service provider (if applicable). APSoft reserves the right to terminate this Agreement at any time without notice if you fail to comply with the terms and conditions of this Agreement. APSoft has the right to terminate this Agreement by giving no less than 3 months' notice period to you. In any event, as mentioned, you must stop using the Software and destroy all copies and relevant materials of the Software if required.

4. COPYRIGHT. APSoft owns all title and copyrights in and to the Software and any copies that you make. All title and intellectual property rights in and to the content which may be accessed through use of the Software is the property of APSoft and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement does not grant you any intellectual property rights in or over the Software.

5. WARRANTY. APSoft makes no warranty that the content, materials, goods and/or service will meet your requirements, or that your access to the site for downloading will be uninterrupted, timely, secure, or error free; nor does APSoft make any warranty as to the results that may be obtained from the use of goods or service or as to the accuracy or reliability of any information or content obtained through the Software or that defects in software or hardware problems will be corrected. The Software is provided on an “as is” and “as available” basis. Because of the various hardware and software environments in which this Software may be used, APSoft does not and cannot warrant the compatibility of the Software with your computer system.

6. LIMIT OF LIABILITY. APSoft and/or your service provider shall have no liability for any damage or loss caused by or in connection with any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus/malware, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for a breach of contract, tortious behavior, negligence, or under any other cause of action as a result of the use of the Software, even if such possibility of damage or loss has been advised by APSoft (or any third party).

7. INDEMNIFICATION. You will indemnify, hold harmless and keep APSoft and your service provider indemnified against any claims and related costs associated with any action or demand that result from your use of the Software.

8. SERVICE CHARGE. You agree to pay a license fee of HK1.00 upon notice by APSoft in consideration for the use of the Software and APSoft has the right to charge you a fee for providing any software changes and support services.

9. DATA PRIVACY AND MISCELLANEOUS. All personal data collected is managed and used in accordance with the APSoft Customer Privacy Policy. The Policy may be revised by APSoft from time to time and the updated version will be posted on www.apsoft.com.hk. Any revised version of the APSoft Customer Privacy Policy shall be effective from the date of publication on the aforementioned website. You will be issued with a confidential password. You must ensure that this password is not disclosed to any unauthorised parties. APSoft cannot be held liable for the consequences of any unauthorised disclosure of the password by you or unauthorised use of the password.

Should any provision of these Terms and Conditions be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and Conditions. All provisions not affected by such invalidity or unenforceability shall remain in full force and effect.

10. OTHER TERMS OF THIS AGREEMENT. APSoft reserves the right to modify the Software features, including this Agreement at any time. Although APSoft will use reasonable efforts to notify you of material changes to the Software and/or to these terms and conditions, it is the responsibility of you to keep yourselves up to date in respect of the Software and these terms and conditions. Any use of the Software by you will be deemed as acceptance of any amendment. Asia Pacific Soft Limited and/or your service provider shall not be liable for loss or damage resulting from any amendment to the Software or to these terms and conditions. You are responsible for the security of your passwords and APSoft shall not be liable in the event that a User’s password is disclosed, whether intentionally or not, so as to allow a third person access to the your User account to make transactions. This Agreement supersedes all prior agreements, negotiations or other communications between the parties relating to the Software and is subject to change by APSoft without notice. Further terms of this Agreement could be found in the Software End User License Agreement that you could read and accept upon using all or any portion of the Software and they shall form part of the terms and conditions of the agreement between APSoft and you.

11. LAW AND JURISDICTION. These agreement and the relationship between APSoft and you are governed by Hong Kong law. By using the Software each of you submits to the non-exclusive jurisdiction of the Hong Kong courts. If this English version of the agreement does not conform to other language versions, the English version shall prevail. In case of dispute, APSoft reserves the right to final decision.

I / We have read and agree to be bound by the Software terms and conditions contained herein.