PULSE By Prasarana - End User License Agreement

Last updated December 01, 2021

PULSE By Prasarana (“Application”) is licensed, not sold to You (“You” or “End-User”) by Prasarana Malaysia Berhad, located at B-20-1, Level 20, Menara UOA Bangsar, No. 5, Jalan Bangsar Utama 1, Kuala Lumpur 59000, Malaysia (“Licensor”), for use only subject to the terms of this End User License Agreement (“License Agreement”).The Licensor’s Privacy Policy which can be found on forms an integral part of this License agreement.

By downloading/installing/using the Application from the Apple App Store and Google Play Store, and any update thereto (as permitted under this License Agreement), You indicate that You have read and understand this License Agreement and agree to be legally bound by all of the terms and conditions of this License Agreement and the Privacy Policy, and that You accept this License Agreement and the Privacy Policy. If You do not agree to these terms, do not download/install/use of the Application.

The End-User and Licensor acknowledge that Apple Inc. (“Apple”) and Google LLC (“Google”) are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. The Licensor, not Apple and Google, is solely responsible for the Application and the content thereof.

This License Agreement may not provide for usage rules for the Application that are in conflict with the latest Apple App Store and Google Play Store Terms of Services. The Licensor  acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.

All rights not expressly granted to You are reserved.

1. THE APPLICATION

The Application is a piece of software created to assist public transport commuters to plan their journey and check on bus and rail arrival time and, is customized for Apple iOS and Google Android operating system.

2. SCOPE OF LICENSE

2.1 Subject to the terms of this License Agreement, You are given a non-transferable, non-exclusive, non-sublicensable license to download, install and use the Application (“License”) on any Apple-branded Products and Android devices for your personal use on the mobile device owned or controlled by You strictly in accordance with the terms of this License Agreement and as permitted by the Usage Rules set forth in this section and the Apple App Store and Google Play Terms of Service, with the exception that the Application may be accessed and used by other accounts associated with You via Family Sharing or volume purchasing.

2.2 This License will also govern any Updates (hereinafter defined) of the Application provided by the Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such Updates in which case the terms of that new license will govern.

2.3 You shall not share, sell, rent, lend, lease, redistribute or make the Application available to any third parties.

2.4 You shall not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive or gain the source code of the Application or any part thereof (except with the prior written consent of the Licensor).

2.5 You shall not copy (except expressly permitted by this License and the Usage Rules) or alter the Application or any part thereof. You may create and store copies only on devices that You owned or controlled for backup keeping under the terms of this License, the Apple App Store and Google Play Store Terms of Service, and any other terms and conditions that apply to the device or software used. You shall not remove, delete, alter or obscure any trademark, patent or other intellectual property or proprietary rights notices from the Application, including any copy thereof. You acknowledge that no unauthorized third parties may gain access to these copies at any time.

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 this License Agreement from time to time.

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 all the applicable third-party terms and conditions.

2,9 You acknowledge and agree that the Application is provided under License, and not sold, to You. You do not acquire any ownership interest in the Application under this License Agreement, or any other rights thereto other than to use the Application in accordance with the License granted, and subject to all terms, conditions and restrictions, under this License Agreement. The Licensor and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Application, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to You in this Agreement.

2A. UPDATES

2A.1 The Licensor may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that the Licensor has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

2A.2 You shall promptly download and install all Updates and acknowledge and agree
that the Application or portions thereof may not properly operate should You fail to do so.
You further agree that all Updates will be deemed part of the Application and be subject
to all terms and conditions of this License Agreement.

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 The 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 above.

3.4 The Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

4. MAINTENANCE AND SUPPORT

4.1 The Licensor is solely responsible for providing any maintenance and support services for this Application. You can reach the Licensor at the email address listed in the Apple App Store or Google Play Store Overview for the Application.

4.2 The Licensor and the End-User acknowledge that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

5. USE OF DATA

You acknowledge that when You download, install or use the Application, the Licensor will be able to access and adjust Your downloaded Application content and to collect your personal information. All information the Licensor collects through or in connection with this Application is subject to the Privacy Policy: https://myrapid.com.my/pulse/pulse-privacy-policy/

By downloading, installing, using and providing information to or through this Application, You consent to all actions taken by the Licensor with respect to your information in compliance with the Privacy Policy.

6. USER GENERATED CONTRIBUTIONS

The Application does not offer End-User to submit or post content. The Licensor may provide You with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to the Licensor 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 end users of the Application and through third-party websites or applications. As such, any Contributions You transmit may be treated in accordance with the Privacy Policy. When You create or make available any Contributions, You thereby represent and warrant that:

1. 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 third party.

2. You are the creator, licensor and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize the Licensor, the Application, and other end users of the Application to use your Contributions in any manner contemplated by the Application and the terms of the License Agreement.

3. 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 and these Terms of Use.

4. Your Contributions are not false, inaccurate, or misleading.

5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

8. 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.

9. Your Contributions do not violate any applicable law, regulation, or rule.

10. Your Contributions do not violate the privacy or publicity rights of any third party.

11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.

12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

14. Your Contributions do not otherwise violate, or link to material that violates, any provision of the terms of this License Agreement, or any applicable law or regulation.

Any use of the Application in violation of the foregoing violates the terms and conditions of this License Agreement and may result in, among other things, termination or suspension of your rights to use the Application.

7. CONTRIBUTION LICENSE

You agree that the Licensor may access, store, process, and use any information and personal data that You provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions of other feedback regarding the Application, You agree that the Licensor can use and share such feedback for any purpose without compensation to You.

The Licensor 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. The Licensor is 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 the Licensor and/or any of its or their respective licensors or third party service provider from any and all responsibility and to refrain from any legal action against the Licensor and/or any of its or their respective licensors or third party service provider regarding your Contributions.

8. LIMITATION OF LIABILITY

8.1 To the fullest extent permitted by the applicable law, in no event will the Licensor or any of its subsidiaries/affiliates, or any of its or their respective licensors or service providers, have any responsibility or liability for damages arising from or related to your use of or inability to use the Application .

The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence) or otherwise and regardless of whether such damages were foreseeable or the Licensor was advised of the possibility of such damages.

8.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement.

8.3 To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by the 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 the Application.

9. WARRANTY

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 documentation.

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 Licensor’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 Licensor 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 14 days after discovery.

9.4 If we confirm that the Application is defective, the Licensor 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

Prasarana Malaysia Berhad and the End-User acknowledge that Prasarana Malaysia Berhad, and not Apple and Google, 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 limited to:

(i) product liability claims;

(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and

(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.

11. LEGAL COMPLIANCE

You shall comply with, all applicable laws and regulations (including any statutory amendments or re-enactment thereto, the terms and condition of this License Agreement and the Privacy Policy.

12. CONTACT INFORMATION

For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:

Prasarana Malaysia Berhad
B-20-1, Level 20, Menara UOA Bangsar, No. 5, Jalan Bangsar Utama 1, Kuala Lumpur 59000, Malaysia
[email protected]

13. TERMINATION

The term of this License Agreement commences when You download/install the Application and will continue in effect until terminated by the Licensor or by You. Your rights under this License Agreement will immediately terminate automatically without any notice by the Licensor if You fail to adhere to any term(s) of this License Agreement. Upon such termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application from your device or account.

Termination will not limit any of Company’s rights or remedies at law or in equity.

14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

The Licensor represents and warrants that the Licensor will comply with applicable third-party terms of agreement when using the 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 Licensor and the End-User acknowledge that, in the event of any third-party claim that the Application or the End-User’s possession and use of the Application infringes on the third party’s intellectual property rights, the Licensor, and not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.

16. APPLICABLE LAW

This license agreement is governed by the laws of Malaysia .

Any dispute between the Licensor and the End-User regarding to this License Agreement will be subject to the exclusive jurisdiction of the courts located in Malaysia and End-User expressly waive all defenses to jurisdiction. End-User agree that the Application shall, for the purpose of determining jurisdiction and applicable law, be deemed to have originated and been provided by the Licensor in and from Malaysia.

16A. INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Licensor and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this License Agreement. Furthermore, You agree that the Licensor assumes no responsibility for the content You submit or make available through this Application.

17. MISCELLANEOUS

17.1 If any of the terms of this License 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.

Language: