END USER LICENSE AGREEMENT
Last updated January 24, 2022
is licensed to You (End-User) by The University of Malaya, located and
registered at Level 17, Wisma R&D. Universiti Malaya, Jalan Pantai Baharu, Kuala
Lumpur, KL 59990, Malaysia (hereinafter: Licensor), for use only under the terms of this
By downloading the Application from the Apple AppStore, and any update thereto (as permitted by this
License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this
License Agreement, and that You accept this License Agreement.
The parties of this License Agreement acknowledge that Apple is not a Party to this License Agreement and
is not bound by any provisions or obligations with regard to the Application, such as warranty, liability,
maintenance and support thereof. The University of Malaya, not Apple, is solely responsible for the
licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Application that are in conflict with the
latest App Store Terms of Service. The University of Malaya acknowledges
that it had the opportunity to review said terms and this License Agreement is not conflicting with
All rights not expressly granted to You are reserved.
1. THE APPLICATION
(hereinafter: Application) is a piece of software created to provide comprehensive online
platform to address HIV prevention needs of gay, bisexual, and other men who have sex with men (GBMSM) in
Malaysia. - and customized for Apple mobile devices. It is used to provide an end-to-end virtual
platform to provide clinic-affiliated HIV prevention care to gay, bisexual, and other men who have sex with
men (GBMSM) in Malaysia..
2. SCOPE OF LICENSE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use
the Licensed Application on any Apple-branded Products that You (End-User) own or control and as permitted
by the Usage Rules set forth in this section and the App Store Terms of Service, with the exception that
such licensed Application may be accessed and used by other accounts associated with You (End-User, The
Purchaser) via Family Sharing or volume purchasing.
2.2 This license will also govern any updates of the Application provided by Licensor that replace,
repair, and/or supplement the first Application, unless a separate license is provided for such update in
which case the terms of that new license will govern.
2.3 You may not share or make the Application available to third parties (unless to the degree
allowed by the Apple Terms and Conditions, and with The University of Malaya's prior written consent),
sell, rent, lend, lease or otherwise redistribute the Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove,
modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the
Application, or any part thereof (except with The University of Malaya's prior written consent).
2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or
alter the Application or portions thereof. You may create and store copies only on devices that You own or
control for backup keeping under the terms of this license, the App Store Terms of Service, and any other
terms and conditions that apply to the device or software used. You may not remove any intellectual property
notices. You acknowledge that no unauthorized third parties may gain access to these copies at any
2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may
be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the
Application, You must ensure that You comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 The Application requires a firmware version 1.0.0 or higher. Licensor recommends using the
latest version of the firmware.
3.2 Licensor attempts to keep the Application updated so that it complies with modified/new versions
of the firmware and new hardware. You are not granted rights to claim such an update.
3.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user
device on which You intend to use the Application satisfies the technical specifications mentioned
3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any
4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance and support services for this
licensed Application. You can reach the Licensor at the email address listed in the App Store Overview for
this licensed Application.
4.2 The University of Malaya and the End-User acknowledge that Apple has no obligation
whatsoever to furnish any maintenance and support services with respect to the licensed Application.
5. USE OF DATA
You acknowledge that Licensor will be able to access and adjust Your downloaded licensed Application
content and Your personal information, and that Licensor's use of such material and information is subject
6. USER GENERATED CONTRIBUTIONS
The Application may invite you to chat, contribute to, or participate in blogs, message boards, online
forums, and other functionality, and may provide you with the opportunity to create, submit, post, display,
transmit, perform, publish, distribute, or broadcast content and materials to us or in the Application,
including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or
personal information or other material (collectively, "Contributions"). Contributions may be viewable by
other users of the Application and through third-party websites or applications. As such, any Contributions
you transmit may be treated as non-confidential and non-proprietary. When you create or make available any
Contributions, you thereby represent and warrant that:
among other things, termination or suspension of your rights to use the Application.
- The creation, distribution, transmission, public display, or performance, and the accessing,
downloading, or copying of your Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and
permissions to use and to authorize us, the Application, and other users of the Application to use your
- You have the written consent, release, and/or permission of each and every identifiable individual
person in your Contributions to use the name or likeness or each and every such identifiable individual
person to enable inclusion and use of your Contributions in any manner contemplated by the Application
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid
schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous,
or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other
person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended
to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin,
gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these
7. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Application or making Contributions accessible to the
Application by linking your account from the Application to any of your social networking accounts, you
automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted,
unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right,
and license to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive,
store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute
such Contributions (including, without limitation, your image and voice) for any purpose, commercial
advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as
Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in
any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes
our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service
marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in
your Contributions, and you warrant that moral rights have not otherwise been asserted in your
We do not assert any ownership over your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations in your Contributions provided by you
in any area in the Application. You are solely responsible for your Contributions to the Application and you
expressly agree to exonerate us from any and all responsibility and to refrain from any legal action
against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any
Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations in the
Application; and (3) to pre-screen or delete any Contributions at any time and for any reason, without
notice. We have no obligation to monitor your Contributions.
8.1 Licensor's responsibility in the case of violation of obligations and tort shall be limited to
intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal
obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be
limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to
injuries to life, limb, or health.
8.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of
duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup
functions of the Application to the extent allowed by applicable third-party terms and conditions of use.
You are aware that in case of alterations or manipulations of the Application, You will not have access to
9.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other
malware at the time of Your download. Licensor warrants that the Application works as described in the user
9.2 No warranty is provided for the Application that is not executable on the device, that has been
unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate
hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or
if there are any other reasons outside of The University of Malaya's sphere of influence that affect
the executability of the Application.
9.3 You are required to inspect the Application immediately after installing it and notify The
University of Malaya about issues discovered without delay by e-mail provided in Product Claims. The defect report will be taken into consideration and
further investigated if it has been mailed within a period of seven (7) days after
9.4 If we confirm that the Application is defective, The University of Malaya reserves a
choice to remedy the situation either by means of solving the defect or substitute delivery.
9.5 In the event of any failure of the Application to conform to any applicable warranty, You may
notify the App-Store-Operator, and Your Application purchase price will be refunded to You. To the maximum
extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever
with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable
to any negligence to adhere to any warranty.
9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period
of limitation amounting to twelve (12) months after the Application was made available to the user. The
statutory periods of limitation given by law apply for users who are consumers.
10. PRODUCT CLAIMS
The University of Malaya and the End-User acknowledge that The University of Malaya, and not
Apple, is responsible for addressing any claims of the End-User or any third party relating to the licensed
Application or the End-User’s possession and/or use of that licensed Application, including, but not
11. LEGAL COMPLIANCE
(i) product liability claims;
(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory
(iii) claims arising under consumer protection, privacy, or similar legislation, including in
connection with Your Licensed Application’s use of the HealthKit and HomeKit.
You represent and warrant that You are not located in a country that is subject to a U.S. Government
embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and that
You are not listed on any U.S. Government list of prohibited or restricted parties.
12. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the licensed Application, please
The University of Malaya
Level 17, Wisma R&D. Universiti Malaya, Jalan Pantai Baharu
Kuala Lumpur, KL 59990
The license is valid until terminated by The University of Malaya or by You. Your rights under
this license will terminate automatically and without notice from The University of Malaya if You
fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the
Application, and destroy all copies, full or partial, of the Application.
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
The University of Malaya represents and warrants that The University of Malaya will comply
with applicable third-party terms of agreement when using licensed Application.
In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License
Agreement," Apple and Apple's subsidiaries shall be third-party beneficiaries of this End User License
Agreement and - upon Your acceptance of the terms and conditions of this license agreement, Apple will have
the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against
You as a third-party beneficiary thereof.
15. INTELLECTUAL PROPERTY RIGHTS
The University of Malaya and the End-User acknowledge that, in the event of any third-party claim
that the licensed Application or the End-User's possession and use of that licensed Application infringes on
the third party's intellectual property rights, The University of Malaya, and not Apple, will be solely
responsible for the investigation, defense, settlement and discharge or any such intellectual property
16. APPLICABLE LAW
This license agreement is governed by the laws of Malaysia excluding its conflicts of law
17.1 If any of the terms of this agreement should be or become invalid, the validity of the
remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way
that will achieve the primary purpose.
17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The
preceding clause can only be waived in writing.