Rights of Usage for Nexgen Pharma Ltd.'s Sales, Marketing & Education Content

Restrictions

The information and materials presented in Nexgen Pharma Ltd.’s sales, marketing and education collaterals may be used only for its intended purposes. No other use of the information or materials is authorized, unless in connection with the support of npu’s product or service without prior approval in writing that is signed by both parties. As a condition of use, you must retain all copyright and other proprietary notices, without alteration, as set forth in the original materials or any copies thereof. Any violation of the foregoing may result in civil and/or criminal liabilities.

Ownership of Information and Materials

We own the rights in the contents of our sales, marketing and education collaterals. This includes names, brands, logos, trademarks, images, text, columns, graphics, photographs, power points, illustrations, artwork, audio clips, video clips, software, copyright and other elements constituting the sales, marketing and educational collaterals (collectively “Content”). Content is protected by copyrights and other intellectual property rights owned and controlled by us, our affiliates, or our third party licensors. Except as specifically provided herein or elsewhere, any unauthorized use of the Content or any other information and materials (including but not limited to white papers, press releases, data sheets, product descriptions and FAQ’s) found may violate copyright, trademark, and other laws. All such information and materials belonging to Nexgen Pharma Ltd. and we shall have exclusive proprietary rights to the same. Nexgen Pharma Ltd. is NOT aware of claims by any third parties adverse to any of such intellectual property rights.

Liability

We will endeavour to post on our sales, marketing and education collaterals information that is correct and accurate but the onus is on you.

Accordingly, if the Content is altered by you and is found to be incorrect, incomplete or misleading as a result of your negligence, we will not be responsible for any loss that may result. This includes any action you may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising).

We are not liable for failure to comply with these Terms due to any event beyond our reasonable control.

IMPORTANT: WE ARE NOT ALLOWED TO EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FOR FRAUD, OR FOR ANY OTHER LIABILITY WHICH MAY NOT BY APPLICABLE LAW BE EXCLUDED OR LIMITED AND WE DO NOT DO SO.

Disclaimer

We strive to provide you with useful, accurate, and timely information in our sales, marketing and education collaterals. Although Nexgen Pharma Ltd. makes no commitment to update the information or materials in our Content, Nexgen Pharma Ltd. does attempt to provide visitors with accurate information and materials. Nexgen Pharma Ltd. may change the content of any information or materials available, or to the products’ descriptions, at any time without prior notice; Nexgen Pharma Ltd. therefore assumes no responsibility for the accuracy and completeness of any information or materials found in our Content.

Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located in particular Content. Information and opinions expressed in bulletin boards or other forums, if any, are not necessarily those of Nexgen Pharma Ltd. Neither Nexgen Pharma Ltd., nor its officers, directors, employees, agents, distributors, or affiliates are responsible or liable for any loss or damage (including without limitation actual, consequential, or punitive), liability, claim or other injury or cause related to or resulting from any information posted in sales and marketing collaterals. Nexgen Pharma Ltd. reserves the right to revise these Terms at any time. ALL INFORMATION AND MATERIALS AVAILABLE ARE PROVIDED “AS IS”, WITHOUT ANY GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND NEXGEN PHARMA LTD. DISCLAIMS ALL GUARANTEES, CONDITIONS AND OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THOSE RELATING TO SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ARISING FROM STATUTE, A COURSE OF DEALING, USAGE OR TRADE PRACTICE. IF YOUR USE OF THE MATERIALS OR INFORMATION IN THE CONTENT RESULTS IN THE NEED FOR FURTHER CONSULTATION WITH HEALTH PRACTITIONERS, YOU SHALL ASSUME ALL COSTS THEREOF.

Termination of Use

Nexgen Pharma Ltd. may, in its sole discretion, terminate or suspend your access to all or part of the NPU’s Content, including, but not limited to any bulletin boards thereon, for any reason, including without limitation, breach of these Terms. The restrictions herein regarding materials appearing on the site and the representations and warranties, indemnities, and limitation of liabilities shall survive any such termination.

Confidentiality

Neither Party will disclose any information of the other which comes into its possession under or in relation to this Agreement and which is of a confidential nature.

Miscellaneous

The failure of either Party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.

A waiver by either of the parties of a breach of any of the provisions herein shall not be deemed a waiver of any subsequent breach or a modification of such provision.

This Covenant sets forth the entire Agreement between the parties. Should any provision/s of this Agreement be held to be illegal, void or not enforceable, such provisions shall be deemed omitted and this agreement with such provision omitted shall remain in full force and effect.

No modification, alteration or amendment of any provisions contained herein shall be valid or binding unless in writing executed by both parties hereto.

This Agreement constitutes the entire understanding between the Parties relating to the matters raised therein and supersedes all prior representations, negotiations or understandings with respect to such matters.

You warrant that no binding Agreement is in force with any other party which would supersede this Agreement.

Neither Party shall be liable for failure to perform any obligation under this Agreement if the failure is caused by circumstances beyond its reasonable control, including but not limited to acts of god, war, terrorisms or industrial dispute.

Both parties warrant that in entering into this Agreement they have not been induced by, and are not relying on, any promises, representations or warranties not set forth in writing.

This Agreement shall be binding upon both parties hereto including its successor-in-title and permitted assigns.

This Agreement and any agreement in connection therewith or pursuant thereto shall be governed by and construed in accordance with the laws of Malaysia.  In the event of a dispute arising out or in relation to the interpretations and/or execution of this Agreement and/or any agreement in connection therewith or pursuant thereto that cannot be resolved by the Parties jointly, then the parties shall resolve the matter by way of by arbitration in Hong Kong International Arbitration Centre (HKIAC) in accordance with the HKIAC Administered Arbitration Rules at that time being in force.

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