License Agreement

WARNING – READ CAREFULLY BEFORE CONTINUING


WPC Coatings Sdn. Bhd.


Paint Formula and Software End-User Non-Exclusive
and Non-Transferable License & Confidentiality Agreement


Distribution or unauthorized disclosure is strictly prohibited

IMPORTANT BEFORE PROCEEDING YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS BY USING ALL OR ANY PORTION OF THE FORMULAS AND/OR SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT INCLUDING IN PARTICULAR THE LIMITATIONS ON USE TRANSFERABILITY WARRANTY AND LIABILITY YOU FURTHER AGREE THAT IT IS THE FULL AND COMPLETE AGREEMENT BETWEEN US SUPERSEDING ALL PRIOR WRITTEN OR VERBAL AGRREMENTS OF ANY KIND IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THE TERMS OF THIS AGREEMENT YOU MUST CEASE USING THIS PRODUCT IMMEDIATELY AND PROMPTLY RETURN ALL MATERIALS INCLUDING DISK(S) AND WRITTEN MATERIALS TO WPC COATINGS SDN BHD.

The confidential paint formulas and their updates (formulas), you are about to receive or which you generate using our colorimeter equipment and the confidential software and its updates (software) are the property of and are protected by (Malaysia national and International copyright laws). You therefore must treat the Formulas and Software like any other copyright material (e.g. a book or musical recording). The Formulas and Software are licensed not sold to you by WPC Coatings Sdn Bhd for use ONLY under the terms of this non-exclusive, non-transferable royalty bearing License Agreement. WPC Coatings Sdn Bhd reserves and rights not expressly granted to you.

YOU MAY: Use the Formulas and install and use the Software in your paint business without royalty ONLY when used exclusively with the tints and other components specified in the Formulas that are manufactured by or for WPC Coatings Sdn Bhd. The royalty for Formulas and Software used in this manner is automatically waived.

YOU MAY NOT: Use the Formulas and/or install and use the Software in your paint business with tints and other components manufactured by or for other without WPC Coatings Sdn Bhd express written permission and upon payment of a royalty fee.

YOU MAY NOT: Alter or modify the Formulas and the Software.

YOU MAY NOT: Transmit sell, sub-license, lease, distribute or in any way disclose the Formulas and/or the Software to anyone outside your paint business without WPC Coatings Sdn Bhd’s express prior written permission.

YOU MUST: Return the Formulas and the Software and any copies thereof to WPC Coatings Sdn Bhd upon request and destroy old Formulas upon receipt of updates.

FAILURE TO COMPLY WITHIN ANY OF THIS AGREEMENT TERMINATES YOUR RIGHT TO USE THE FORMULAS AND THE SOFTWARE. MOREOVER, EVEN AFTER TERMINATION OF THIS LICENSE AGREEMENT, YOU MUST KEEP THE FORMULAS AND THE SOFTWARE CONFIDENTIAL FOR TEN (10) YEARS.

THE FORMULAS AND SOFTWARE ARE PRVIDED “AS IS” AND WPC COATINGS SDN BHD MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE FORMULAS AND SOFTWARE. WPC COATINGS SDN BHD SPECIFICALLY DISCLAIMS THE WARRANTIES OF TITLE AND AGAINST INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE FORMULAS AND SOFTWARE. WPC COATINGS SDN BHD DOES NOT REPRESENT OR WARRANT THAT THE FORMULAS AND SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE FORMULAS AND SOFTWARE WILL BE ERROR-FREE. WPC COATINGS SDN BHD ASSUMES NO RESPONSIBILITY FOR SELECTION, USE AND RESULTS OBTAINED FROM USE, SUITABILITY OR OBSOLESCENCE OF THE FORMULAS AND SOFTWARE. IN NO EVENT WILL WPC COATINGS SDN BHD BE LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND DIRECT DAMAGES SHALL BE LIMITED TO YOUR PURCHASES OF WPC COATINGS SDN BHD PAINT PRODUCTS DURING THE MONTH PRECEDING THE EVENT.

The Agreement shall be governed by the laws of Malaysia.

Copyright © 2012 WPC Coatings Sdn. Bhd. All rights reserved.