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End User License Agreement

PLEASE READ THE FOLLOWING END USER LICENSE AGREEMENT CAREFULLY. THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU AND COMPANY WHICH PROVIDES THE TERMS OF YOUR USE OF THE TEREBINTH CLOUD ERP (“SERVICE”).

Definitions

“COMPANY” refers to SWIFTLET CO., LTD., “You” and “Your” refers to the individual or entity that wishes to use the Terebinth Cloud ERP service.

Supported Devices

The service supports devices which able to access the internet, and data networks via Google Chrome and Mozilla Firefox. The company does not support, guarantee, and any safety from all versions of Internet Explorer and MS Edge.

License

Subject to the terms, conditions and limitations stated in this Agreement, the COMPANY grants You a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to run the service solely for the purpose of the service accessing TEREBINTH CLOUD ERP that You or Your employer have licensed under a separate license agreement with COMPANY entity and only during the term of such agreement. You are not permitted to use the service for any purpose other than as expressly permitted under this Agreement. All regulations of the aforementioned TEREBINTH CLOUD ERP license agreement between You or Your employer and the respective COMPANY entity apply to use/access of TEREBINTH CLOUD ERP.

Intellectual Property

COMPANY retains all ownership and intellectual property rights in the service. You may not:

a) remove or modify any marks or proprietary notices of COMPANY

b) provide or make the service available to any third party

c) assign this Agreement or give or transfer the service or an interest in them to another individual or entity

d) decompile, disassemble or reverse engineer the service, e) create derivative works of or based on the service or

f) use any COMPANY name, trademark or logo.

Warranty

COMPANY does not guarantee or warrant any features or qualities of service or give any undertaking with regard to any other quality. No such warranty or undertaking shall be implied by You from any description in the service itself or any available documentation or any other communication or advertisement for service except to the extent that COMPANY has expressly confirmed a specific quality in writing. In particular, COMPANY does not warrant that the service will be available uninterrupted or permanently. All warranty claims are subject to the limitation of liability stipulated in section 6 below. THE SERVICE IS LICENSED TO YOU “AS IS” WITHOUT ANY WARRANTY, ESCROW, TRAINING, MAINTENANCE, OR SERVICE OBLIGATIONS WHATSOEVER ON THE PART OF COMPANY. COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY TYPE WHATSOEVER. YOU ASSUME ALL RISKS ASSOCIATED WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION RISKS RELATING TO QUALITY, PERFORMANCE, DATA LOSS, AND UTILITY IN A PRODUCTION ENVIRONMENT. IN PARTICULAR, COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE AVAILABLE UNINTERRUPTED OR PERMANENTLY.

Liability

a) COMPANY shall only be liable for damages occurred under this Agreement if such damage (i) caused by intentional misconduct of COMPANY or (ii) consists of personal injury. In all other cases, neither the COMPANY nor its employees, agents, and subcontractors shall be liable for any kind of damage or claims hereunder.

b) IN NO EVENT SHALL THE COMPANY BE LIABLE TO LICENSEE OR TO ANY THIRD PARTY FOR ANY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE OR IN CONNECTION WITH THE COMPANY’S PROVISION OF OR FAILURE TO PROVIDE SERVICES PERTAINING TO THE SERVICE, OR AS A RESULT OF ANY DEFECT IN THE SERVICE. 

THIS DISCLAIMER OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION THAT MAY BE BROUGHT AGAINST COMPANY, WHETHER IN CONTRACT OR TORT, INCLUDING WITHOUT LIMITATION ANY ACTION FOR NEGLIGENCE. YOUR SOLE REMEDY IN THE EVENT OF BREACH OF THIS AGREEMENT BY COMPANY OR FOR ANY OTHER CLAIM RELATED TO THE SERVICE OR COMPANY MATERIALS SHALL BE TERMINATION OF THIS AGREEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN.

Supports

The company will provide technical support to the customer through the following channels:

  1. By phone on weekdays from 09:00 – 18:00 by number +6666-109-0146 except public holidays.
  2. Email sent to support@tereb.in.th the company will respond within 24 hours after receiving the email.
  3. For an on-site service, travel expenses will be charged separately, at THB 1,500/visit.

Term and Termination

COMPANY shall be entitled to terminate Your license to use the service if You fail to comply with any of the terms of this Agreement. This Agreement terminates automatically upon termination or expiration of the TEREBINTH CLOUD ERP agreement between You or Your employer and the COMPANY.

Miscellaneous

This Agreement is the complete Agreement for the service. This Agreement supersedes all prior or contemporaneous agreements or representations with regards to the subject matter of this Agreement. If any term of this Agreement is found to be invalid or unenforceable. COMPANY’s failure to enforce any right or provisions stipulated in this Agreement will not constitute a waiver of such provision or any other provision of this Agreement. You and the COMPANY agree that:

a) this Agreement is between COMPANY and You

b) that COMPANY is solely responsible for the service and the content thereof.