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for Medical Device & Drug
ARQon Pte Ltd
TERMS OF SERVICE ("TOS")
SINGLE USER STANDARD LICENSE
Dear ARQon Customer,
The following is a legal agreement between you or the employer or other entity on whose behalf you are entering
into this agreement ("you" or "Customer") and ARQon PTE LTD, a company incorporated under the laws of
Singapore at 67 Ayer Rajah Crescent #02-08 Singapore 139950 as the licensor hereunder ("ARQon"). ARQon
’s
sales agent for receipt of payments transacted in Singapore Dollar (SGD) or USD.
Please read these TOS carefully before purchasing the 1 DAY account to ARQ-Class (
“
ASEAN
”
or
“
EUROPE/CE
”
). By purchasing the 1 DAY account to ARQ-
Class (“ASEAN” or “EUROPE/CE”)
, you agree to
be bounded by the terms of these TOS, the ARQon Privacy Statement and ARQon's Website Terms of Use, which
documents are incorporated herein and made a part hereof by this reference. By entering into this agreement, you
verify that your country of residence is the same as your billing address.
ARQon reserves the right to change these terms at any time, and you agree to be bounded by such changes.
Please make sure that you read and understand all of such changes. If you do not agree to these TOS as same
may be amended from time to time, do not purchase or use the classification tool or use any of the
documents.
Purchasing the 1 DAY account to ARQ-
Class (“ASEAN” or “EUROPE/CE”)
, as part of your Standard License
plan may only be used in compliance with these Standard License TOS, regardless of any other products you may
have purchased.
THIS IS A SINGLE SEAT LICENSE. IT AUTHORIZES ONE NATURAL PERSON TO PURCHASE THE 1 DAY
ACCOUNT TO ARQ-
Class (“ASEAN” or “EUROPE/CE”)
. Your ARQon username and password are to be used
only by you. Each person that desires to access the ARQ-Class must have his/her own username and password.
We reserve the right to monitor accounts and institute means to stop users from sharing their login information.
Please contact ARQon Support for details.
No refund will be made once a purchase is made. It is up to the customer purchasing the product to evaluate a fit
of the product before purchase. Once purchase is made, it is non-refundable and non-transferable.
Also, it is your responsibility to familiarize yourself with this SINGLE USER STANDARD LICENSE. By placing an
order for any of our services, you indicate that you have read this SINGLE USER STANDARD LICENSE and that
you agree with and fully accept the terms of this SINGLE USER STANDARD LICENSE.
If you do not agree with or fully accept the terms of this SINGLE USER STANDARD LICENSE, we ask that you
do not place an order with us.
Please contact info@arq-on.com if you have any questions.
PART
I
LIMITED LICENSE
1.
All services on ARQ-Class and related ARQon webpages (collectively, " ARQ-Class") are protected by
Singapore and international copyright laws and treaties. ARQon who provides content and/or Services to
ARQon own or control all rights, including the copyrights in and to the Services. ARQon reserve all rights in and
to the Services not expressly granted to you by the terms of these TOS. Your rights to use any Service are
subject to this license agreement and are conditioned upon you making payment to ARQon for your use of the
Services. If you fail to make any payment to ARQon when due, or if any check is dishonoured or credit card
charge refused or charged back, your account will be deemed delinquent. Provided that your account was
current at the time you have usedthe services, ARQ-Class and you were not otherwise in breach of any of the
We contribute to healthcare
A
sia
R
egulatory &
Q
uality C
on
sultant
for Medical Device & Drug
terms hereof (or of the terms of any other agreement between you and ARQon), you have the right to use the
services at ARQ-Class, subject however, to these TOS. If your account becomes delinquent, your right to use
services at ARQ-Class at any time shall automatically terminate unless all payments together with any interest
thereon and ARQon's costs of collection, bank charges and credit card processing fees are received by ARQon
no later than thirty (30) days from the date that your account became delinquent.
PART
II
RESTRICTIONS
YOU MAY NOT:
1. Resell, redistribute, provide access to, share or transfer the account except as specifically provided herein.
2. Produce or otherwise create for resale or distribution, printed reproductions of the content or any other
medium, unless such reproduction is expressly permitted in PART I.
3. Use any ARQ-Class content or image on a social media platform or other third party website. Upon
ARQon's request, you shall immediately remove any content or images from such platform or website. If
you require such use with ARQon prior approval, please contact ARQon at info@arq-on.com.
4. Use the content in ARQ-Class in a manner that competes with ARQon's business. This includes, by way
of illustration only and not by way of limitation, offering ARQ-Class content for sale, or including ARQ-
Class content in templates of any nature, including projects or otherwise for distribution and/or sale to third
parties.
5. Use the content in ARQ-Class as the basis for any individual or collection of physical or digital merchandise
or promotional items, which you offer for sale, including the creation of a medical device classification
system based on ARQ-Class content.
6. Use any content in ARQ-Class (in whole or in part) as a trademark, service mark, logo, or other indication
of origin, or as part thereof, or to otherwise endorse or imply the endorsement of any goods and/or services.
7. Falsely represent, expressly or by way of reasonable implication, that any content in ARQ-Class by you or
a person other than the copyright holder(s) of the ARQ-Class.
PART
III
MISCELLANEOUS
8. ARQon shall be under no obligation to issue refunds under any circumstances, unless required by law. In
the event that ARQon determines that you are entitled to a refund of all or part of the fees you paid, such
refund shall be made by ARQon.
9. "Non-transferable" as used herein means that except as specifically provided in these TOS, you may not
resell, redistribute, provide access to, share or transfer the account. You agree to take all commercially
reasonable steps to prevent third parties from duplicating any content or image. If you require such use
with ARQon prior approval or become aware of any unauthorized usage of any ARQ-Class, please contact
ARQon at info@arq-on.com.
We contribute to healthcare
A
sia
R
egulatory &
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uality C
on
sultant
for Medical Device & Drug
10. You agree to indemnify and hold ARQon, its officers, employees, shareholders, directors, managers,
members and suppliers, harmless against any damages or liability of any kind arising from any use of the
account other than the uses expressly permitted by these TOS. You further agree to indemnify ARQon for
all costs and expenses that ARQon incurs in the event that you breach any of the terms of this or any other
agreement with ARQon.
11.
Warranties and Representations
a) While ARQon makes commercially reasonable efforts to ensure the accuracy of ARQ-Class
keywords and descriptions, ARQon makes no warranties and/or representations regarding such
keywords,
b) ARQON MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER OTHER THAN
THOSE EXPRESSLY MADE IN THIS PARAGRAPH.
12. Subject to the terms hereof, and provided that you have not breached the terms of this or any other
agreement with ARQon, ARQon shall defend, indemnify, and hold you harmless up to the "Limits of
Liability" (as hereinafter defined). Such indemnification shall only apply to claims for damages directly
attributable to ARQon's breach of the foregoing warranties and representations, together with the expenses
(including reasonable attorneys' fees), arising out of or directly connected to any actual or threatened
lawsuit, claim, or legal proceeding alleging that the possession, distribution, or use of contents or images
downloaded and used by you pursuant to these TOS violate ARQon's warranties contained herein. This
indemnification is conditioned upon you notifying ARQon, in writing, of any such claim or threatened claim,
no later than seven (7) business days from the date you know or reasonably should have known of the
claim or threatened claim. Such notification must include all details of the claim then known to you (e.g.,
ARQ-Class Username, password, name and contact information of person and/or entity making the claim,
nature and date of alleged claim, copies of any correspondence received and/or sent in connection with
the claim). The notification must be emailed to ARQon at info@arq-on.com and mailed with a hard copy to
ARQon, Pte. Ltd., 67 Ayer Rajah Crescent #02-08 Singapore 139950, Return Receipt Requested, or
overnight courier, recipient's signature required. ARQon shall have the right to assume the handling,
settlement or defense of any claim or litigation to which this indemnification applies. You agree to cooperate
with ARQon in the defense of any such claim and shall have the right to participate in any litigation at your
own expense. ARQon shall not be liable for any legal fees and/or other costs incurred prior to receiving
complete notification of the claim as provided herein.
13. Notwithstanding anything to the contrary contained herein, ARQon shall not be liable for any damages,
costs or losses arising as ARQ-Class results and report documents are used by you. ARQ-Class results
and report documents serves as reference only to you.
14. ARQon's total maximum aggregate obligation and liability to any one Customer for all claims shall be limited
to Ten Thousand United States Dollars - US$1,000.00 - (the "Limits of Liability").
15. Any legal action or proceeding concerning the validity, interpretation and enforcement of these TOS,
matters arising out of or related to these TOS or its making, performance or breach, or related matters shall
be brought exclusively in the courts of the Singapore, and all parties consent to the exclusive jurisdiction
of those courts, waiving any objection to the propriety or convenience of such venues. The United Nations
Convention on Contracts for the International Sale of Goods does not apply to or otherwise affect these
TOS. The validity, interpretation and enforcement of these TOS, matters arising out of or related to these
TOS or their making, performance or breach, and related matters shall be governed by the internal laws of
the State of New York (without reference to choice of law doctrine). You agree that service of process in
any actions, controversies and disputes arising from or relating to these TOS may be effected by mailing
a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to
the other party however, nothing herein shall affect the right to effect service of process in any other manner
permitted by law.
We contribute to healthcare
A
sia
R
egulatory &
Q
uality C
on
sultant
for Medical Device & Drug
16. These TOS shall be construed neither against nor in favour of any party, but rather in accordance with the
fair meaning of the language hereof. The invalidity or unenforceability of any part of these TOS shall not
affect the validity or enforceability of the balance hereof.
17. If you are entering into these TOS on behalf of your employer or other entity, you warrant and represent
that you have the full right and authority to do so. In the event that you do not have such authority, you
agree that you will be personally liable to ARQon for any breaches of the terms of these TOS.
IN THE EVENT THAT YOU BREACH ANY OF THE TERMS OF THIS OR ANY OTHER AGREEMENT WITH
ARQON, ARQON SHALL HAVE THE RIGHT TO TERMINATE YOUR ACCOUNT WITHOUT FURTHER NOTICE.
SUCH TERMINATION SHALL BE IN ADDITION TO ARQON'S OTHER RIGHTS AT LAW AND/OR EQUITY.
ARQON SHALL BE UNDER NO OBLIGATION TO REFUND ANY FEES PAID BY YOU IN THE EVENT THAT
YOUR ACCOUNT IS TERMINATED BY REASON OF A BREACH ANY SUCH BREACH OR BREACHES.
ARQON MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER OTHER THAN THOSE
EXPRESSLY MADE IN PARAGRAPH 13 HEREOF, AS TO THE LEGALITY OR VALIDITY OF YOUR USE OF
ANY RESULTS OR RESULTS DOCUMENTS. THE RESULTS, AND ANY ACCOMPANYING MATERIALS (IF
APPLICABLE), ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
ARQON DOES NOT WARRANT THAT THE ARQ-CLASS RESULTS OR OTHER MATERIALS, WILL MEET
YOUR REQUIREMENTS OR THAT USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK
OF THE USE OF ARQ-CLASS RESULTS OR OTHER MATERIALS IS SOLELY WITH YOU.
YOU UNDERSTAND THAT YOU SHOULD SEEK COMPETENT COUNSEL BEFORE USING CONTENT IN
ARQ-CLASS ON OR IN CONNECTION WITH ANY GOODS OR SERVICES OR FOR ANY OTHER
COMMERCIAL PURPOSES.
EXCEPT AS SPECIFICALLY PROVIDED IN PARAGRAPH 14 HEREOF, IN NO EVENT, SHALL ARQON'S
TOTAL AGGREGATE LIABILITY TO YOU, OR TO ANY THIRD PARTY CLAIMING THROUGH YOU, ARISING
OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE ARQ-CLASS AND/OR
MATERIALS CONTAINED THEREON (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE
MONETARY AMOUNT ACTUALLY RECEIVED BY ARQON FROM YOU FOR YOUR USE OF THE
APPLICABLE CONTENT OR IMAGE(S).
NEITHER ARQON NOR ANY OF ITS OFFICERS, EMPLOYEES MANAGERS, MEMBERS, SHAREHOLDERS,
DIRECTORS OR SUPPLIERS SHALL BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR
ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST
PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE USE ANY
CONTENT IN ARQ-CLASS, ARQON'S BREACH OF THIS AGREEMENT, OR OTHERWISE, UNLESS
EXPRESSLY PROVIDED FOR HEREIN, EVEN IF ARQON HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, COSTS OR LOSSES. IN NO EVENT, SHALL ARQON'S TOTAL AGGREGATE LIABILITY
TO YOU, OR TO ANY THIRD PARTY CLAIMING THROUGH YOU, ARISING OUT OF OR IN CONNECTION
WITH YOUR USE OF OR INABILITY TO USE THE CONTENT IN ARQ-CLASS
CONTAINED THEREON (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE LIMITS OF
LIABILITY.
IN THE EVENT THAT YOU USE FRAUDULENT CREDIT CARD INFORMATION TO OPEN AN ACCOUNT OR
OTHERWISE ENGAGE IN ANY CRIMINAL ACTIVITY AFFECTING ARQON, ARQON WILL PROMPTLY FILE
A COMPLAINT WITH THE POLICE.
© ARQon Pte. Ltd. 2015 All Rights Reserved
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