The terms and conditions (the “T&C”) govern your access to and use of Next Radio (“we” or “our”) websites and services (the “Services”). Please read them carefully prior to using the Services.

Use of Services
Please note that by using the Services, you are agreeing to these T&C. Your consent to be bound by these terms is both on your own behalf and on behalf of any corporate entity that employs you or which you represent, and the term “you” as used herein will be deemed to refer to both you and your employer, jointly and severally. if you are an employee, contractor or otherwise using or subscribing to the services by or on behalf of a corporate entity, organization or any other third party entity, you represent and warrant to Next Radio that :

• You are of the age of majority in your jurisdiction.

• You have all requisite capacity, right, power and authority to accept this license on behalf of such entity.

• And such entity shall be irrevocably bound by and shall comply with all of the terms and conditions of this agreement.

The Services will continue to evolve as we refine features and functionality. We may terminate, suspend, or modify the Services, in general or with respect to you, from time to time without cause or prior notice. We may also delete any content or data from the Services at our discretion. All documents and information on the Next Radio website are protected by copyright. Except as specifically permitted herein, no portion of the documents or information on this website may be reproduced in any form or by any means without the express written consent of Next Radio.

Other Rights and Limitations
You may not, and may not permit or aid others to, translate, reverse engineer, decompile, disassemble, update, modify, reproduce, duplicate, copy, distribute or otherwise disseminate all or any part of the software underlying the Services (the “Software”), or extract or attempt to extract source code from the object code of the Software. You may not make any commercial use of the Services or the Software, whether or not for consideration, other than for your own internal business purposes. Except as may be expressly permitted by Next Radio may authorize expressly in writing, you will not, and will not permit anyone else to:

• store, copy, modify, distribute, or resell any of the information; audio, visual, and audio visualworks, or other content made available on our Services (collectively, “Service Content”) or compile or collect any Service Content as part of a database or other work;

• use any automated tool (e.g., robots, spiders) to access or use our Services or to store, copy, modify, distribute, or resell any Service Content;

• rent, lease, or sublicense your access to our Services to another person;

• use any Services or Service Content for any purpose except for your own internal use;

• circumvent or disable any digital rights management, usage rules, or other security features of our Services;

• use our Services in a manner that overburdens, or that threatens the integrity, performance, or availability of, our Services; or

• remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of our Services or any Service Content.

Restricted Areas of The Services
Certain parts of our Services, including account management features, may be password-restricted to registered users or other authorized persons (“Password-Protected Areas”). If you are authorized to gain access to any Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify us if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, whether or not you are the individual who undertakes such activities. You agree to immediately notify us of any unauthorized use of your account or any other breach of security in relation to your password or our Services that is known to you.

Confidential Information
You shall not disclose to third parties nor use for any purpose other than for the proper use of the Services any Confidential Information received from Next Radio in whatever form under these T&C or in connection with the Services without the prior written permission of Next Radio. “Confidential Information” shall mean all data and information, not made available to the general public, oral or written, that relates to Next Radio’s past, present, or future research, development or business activities, information relating to services, developments, inventions, processes, plans, financial information, customer and supplier lists, forecasts, and projections. You shall limit access to Confidential Information to those of your personnel for whom such access is reasonably necessary for the proper use of the Services under these T&C. Such personnel shall be bound by written confidentiality obligations not less restrictive than those provided for herein. You shall be responsible for any breach of these T&C by any of your personnel. You shall protect the Confidential Information with the same degree of care, but no less than a reasonable degree of care, to prevent unauthorized disclosure or use of Confidential Information, as you exercise in protecting your own proprietary information. The limitations shall not apply to Confidential Information which the you can demonstrate:

was in your possession prior to disclosure hereunder provided that, immediately upon disclosure, you have brought this fact to the attention of Next Radio; or

was in the public domain at the time of disclosure or later became part of the public domain without breach of the confidentiality obligations herein contained; or

was disclosed by a third party without breach of any obligation of confidentiality; or

is disclosed pursuant to administrative or judicial action, ifyou shall use your best efforts to maintain the confidentiality of the Confidential Information. If only a portion of the Confidential Information falls under any of the above alternatives, then only that portion of the Confidential Information shall be excluded from the use and disclosure restrictions of these T&C.

Proprietary Rights
You acknowledge and agree that the Services and the Software are proprietary products of Next Radio and its licensors, protected under patents, copyright laws and international treaties. You further acknowledge and agree that all right, title and interest in and to the Services and the Software, including associated intellectual property rights and all improvements, modifications, revisions, derivative works, customization and integration work product, customer feedback, suggestions and white-label branded applications, are and shall remain the sole and exclusive property of Next Radio. These T&C and the rights granted hereunder do not convey to you any interest in or to the Software. You shall not remove or alter any copyright notice, trademark or other proprietary or restrictive notice or legend affixed to, embedded, contained or included in the Software or Services or any material provided by Next Radio. If you have requested from Next Radio, and Next Radio has agreed to make available to you, a white-label branded application for Your Customers and/or End Users with your branding, you hereby grant to Next Radio a perpetual, worldwide, royalty-free license to use your trademarks, trade dress, logos, display, etc. (“Your Trademarks”) for use and display relating to such white-label branded application.

License To Use Our Services
Subject to these T&C, we grant to you a limited, non-exclusive, non-transferable license to use our Services for your internal use and not for resale or further distribution. Your right to use our Services is limited by all terms and conditions set forth in these T&C. Except for your pre-existing rights and this license granted to you, we and our licensors retain all right, title and interest in and to our Services, including all related intellectual property rights. Our Services are protected by applicable intellectual property laws, including Malaysia copyright law and international treaties. Except as otherwise explicitly provided in these T&C or as may be expressly permitted by applicable law, you will not, and will not permit or authorize any third party to:

reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our Services;

rent, lease or sublicense access to any of our Services; or

circumvent or disable any security or technological features or measures of our Services

Content and Liability Disclaimer
Next Radio shall not be responsible for any errors or omissions contained on any Next Radio website and reserves the right to make changes anytime without notice. Mention of non-Next Radio products or services is provided for informational purposes only and constitutes neither an endorsement nor a recommendation by Next Radio. All Next Radio and third-party information provided on any Next Radio website is provided on an “as is” basis. Next Radio can use only the users or company name and other related information on Next Radio website and in emails. Next Radio DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH REGARD TO ANY INFORMATION (INCLUDING ANY SOFTWARE, PRODUCTS, OR SERVICES) PROVIDED ON ANY Next Radio WEBSITE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. In no event shall Next Radio be liable for any damages whatsoever, and in particular Next Radio shall not be liable for direct, special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue or loss of use, cost of replacement goods, loss or damage to data arising out of the use or inability to use any Next Radio website, any Next Radio product or service. This includes damages arising from use of or in reliance on the documents or information present on any Next Radio website (including any information posted or placed by anyone other than Next Radio), even if Next Radio has been advised of the possibility of such damages.

Access to Our Services
You are responsible for all fees charged by third parties related to your access and use of our Services (e.g., charges by Internet service providers). We reserve the right to modify or discontinue, temporarily or permanently, all or any portion of our Services without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any portion of our Services. We also reserve the right, in our sole discretion, to reject, refuse to post, or remove any material that you post or submit for posting, and to restrict, suspend, or terminate your access to our Services at any time, for any or no reason, with or without prior notice, and without liability.

Products
Information contained in this site may contain references to Next Radio products or programs that are not announced or available in all countries. Such references do not imply that Next Radio intends to announce such products, programs or services in any country. Consult our local representative or email us at merchant@nextradio.network for information regarding the products and services that are available to you. Next Radio’s obligations with respect to its products and services are governed solely by the license and/or service agreements under which they are provided. If you obtain a product or service from Next Radio from this website that is provided without an agreement, that product or service is provided “AS-IS” with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk.

Music Copyright
The product comes with complimentary Proprietary Music content. Should you wish to play Proprietary Music content , there will be no need to pay and apply for any music licenses from local collecting societies. Should you decide to play Copyrighted Music using our software in your premises however, it will be your responsibility to apply for all necessary music licenses including but not limited to public performance and reproduction from relevant collecting societies. 

Privacy Policy
Next Radio’s current Privacy Policy is available at www-staging.nextradio.network and is incorporated herein by reference.

Governing Law and Jurisdiction
Enforcement of any dispute relating to these T&C will be governed by the laws of Malaysia, excluding its conflict and choice of law principles. For parties residing in the Malaysia, the exclusive jurisdiction and venue for any claims arising out of or related to these T&C or your use of the Services or Service Content will lie in the state and federal courts located in Kuala Lumpur, and you irrevocably agree to submit to the jurisdiction of such courts. For parties residing outside the Malaysia, any dispute arising hereunder shall be submitted to confidential binding arbitration in the Kuala Lumpur for the maximum judgment enforceable, except that to the extent Customer has in any manner violated or threatened to violate Next Radio’s intellectual property rights, Next Radio may seek injunctive or other appropriate relief in any state or federal court in Kuala Lumpur. Customer hereby consents to, and waive all defences of lack of personal jurisdiction and forum non-convenient with respect to venue and jurisdiction in the state and federal courts of Kuala Lumpur. Arbitration under this Agreement shall be conducted pursuant to the existing International Arbitration Rules at the Kuala Lumpur Regional Centre for Arbitration (“KLRCA”). The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The parties each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim is initiated in court rather than in arbitration we each waive any right to a jury trial. Our failure to enforce any right or provision in these T&C will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. In the event that a court of competent jurisdiction finds any provision of these T&C to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. The terms and conditions which by their nature are intended to survive termination of these T&C shall survive, including Restrictions, Disclaimer of Warranties, Feedback, Indemnity, and Limitation of Liability.

LIMITATION OF LIABILITY
IN NO EVENT WILL NEXT RADIO BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF NEXT RADIO IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Assignment
You may not assign, sublicense or make available to any other person or entity, these T&C, or any rights or obligation hereunder, or the Services or any part thereof, in whole or in part without the prior written consent of Next Radio, and any attempt by you to so assign, sublicense or make available shall be deemed null and void. Next Radio may freely transfer and assign its rights and obligations hereunder to an affiliate or to a third party that acquires all or substantially all of the assets subject to these T&C or securities of Next Radio or any entity into which Next Radio shall merge or any affiliate thereof.

Modification or Amendment
Next Radio may modify or amend these T&C and/or the Services at any time, with or without notice to you by posting a copy of the modified or amended T&C on its website. You will be deemed to have agreed to any such modification or amendment by your decision to continue using the Services or purchase of any Services or support following the date in which the modified or amended T&C are posted to Next Radio’s website.

Miscellaneous
Should any term of these T&C be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof, which shall be interpreted so as to give maximum effect to the intention of the void or unenforceable term. These T&C together with the Privacy Policy, and Services subscription order forms accepted by Next Radio, and any terms of service posted on Next Radio’s website represents the entire agreement between you and Next Radio with respect to the subject matter hereof and supersede any prior proposal, representation, or understanding between the parties. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. Titles used in these T&C are for purposes of convenience of reference only and shall not be considered in constructing these T&C.

Feedback Information
Any information provided to Next Radio in connection with any Next Radio website shall be provided by the submitter and received by Next Radio on a non-confidential basis. Such information shall be considered non-confidential and property of Next Radio. By submitting any such information to Next Radio you agree to a no-charge assignment to Next Radio of all worldwide rights, title, and interest in copyrights and other intellectual property rights to the information. Next Radio shall be free to use such information on an unrestricted basis.