Single End User Licensing

SINGLE END USER LICENCE AGREEMENT

IMPORTANT – READ CAREFULLY: THIS IS A LEGAL AGREEMENT (THE “AGREEMENT”) BETWEEN YOU (“LICENSEE”) AND IMAGINEX STUDIOS SDN BHD (“LICENSOR”). THIS AGREEMENT APPLIES TO LICENSED MATERIAL SELECTED BY AND LICENSED TO LICENSEE AND IS APPLICABLE TO THE USE OF LICENSED MATERIAL BY LICENSEE. ALL RIGHTS NOT EXPRESSLY GRANTED TO LICENSEE HEREUNDER ARE RESERVED BY LICENSOR. 

The following terms and conditions constitute a legally binding Agreement between Licensee and Licensor. By registering an account with the Company on the Website, Licensee acknowledges that Licensee has read the terms of this Agreement, understands it and agrees to be bound by its terms. If Licensee does not agree with and to the terms of this Agreement, and does not wish to be bound by such terms, Licensee will not be able to register an account with the Company on the Website and enjoy any of the services provided therein. Licensee’s use of and/or reliance on the contents of the Website and/or the Licensed Materials shall be at Licensee’s sole risk.

This Agreement governs Licensee’s usage of the Licensed Materials that Licensor licenses to the Licensee upon payment of a Licence Fee. Only individuals, single corporate entities (i.e. consisting of one (1) person), or one (1) individual within an organisation/company may enter into this Agreement to obtain a Licence to use the Licensed Material on one (1) Workstation only. All Licensed Material comes with a non-exclusive royalty-free synch Licence for Licensee, being the single end user. Any use of the Licensed Material by multiple individuals (even if within the same organization/company) or entities (i.e. two (2) or more) and/or on more than one (1) Workstation requires a Multi-User Licence. To obtain a Multi-User Licence, simply email MUL@soundslikeasia.com.

Definitions

“Broadcast” means to cause or permit others to cause the performance, telecast, broadcast, transmission, streaming, exhibition or distribution of the End User Work.

“Copy” means to duplicate or otherwise make copies of the End User Work solely for the purpose of Broadcasting the End User Work.

“Edit” means use by Licensee including but not limited to the editing, looping, enhancing or modifying of the Licensed Material.

“End User Work” means any music, sound-effect, audio/video production, performance, broadcast, video game, software or similar finished content-creation and any such other production or program or content prepared by Licensee embodying the Synchronized Licensed Material.

“Licence” means the licence granted to Licensee for the use of the Licensed Materials pursuant to the terms of this Agreement.

“Licence Fee” means the corresponding price for the license of any Licensed Material as set out on the Website, subject to change from time to time at the sole and absolute discretion of the Licensor.

“Licensed Material” means the sound recordings, sound recording libraries, and any other products available for licensing selected by Licensee from the Website subject to payment of the relevant Licence Fee so contained and/or displayed on the Website. Any reference in this Agreement to the Licensed Material shall be to each part of the Licensed Material and also to the Licensed Material as a whole.

“Synchronize or Synchronisation” means to couple and/or synchronize, arrange, record, re-record, transcribe, modify or Edit the Licensed Material solely in timed relation with the intended use(s) specified herein.

“Synchronized Licensed Material” means Licensed Material that has been coupled and/or Synchronized, arranged, recorded, re-recorded, transcribed, modified or Edited solely in timed relation with the intended use(s) specified herein.

“Website” means the Licensor’s website at www.soundslikeasia.com.

“Workstation” means any device capable of recording, storing, presenting, accessing, modifying, Editing, copying, or transmitting the Licensed Materials.

Grant of Licence

  1. The Licensor is the owner of all rights, title and interest in and to the Licensed Materials.
  2. On receipt of payment of the relevant Licence Fee in full, Licensor grants Licensee the right to download and use the Licensed Materials in accordance with the terms of this Agreement.
  3. The Licence granted is royalty-free and non-exclusive.
  4. The Licensor grants Licensee a worldwide right to use, Edit and Synchronize the Licensed Material, and to Copy and Broadcast the End User Work.
  5. The Licence shall be for the full copyright protection period on the terms set out in this Agreement.

For the avoidance of doubt, this Agreement sets out how the Licensed Materials are intended to be used.

Rights Granted

  • The Licensed Material is licensed, but not sold, to Licensee by Licensor for both commercial and non-commercial use.
  • The Licence granted in this Agreement is granted to the Licensee as a single user only for the use of the Licensed Material on one (1) Workstation only, on a global basis for the full copyright protection period. This Licence allows Licensee to:
    1. Re-record, duplicate and release the Synchronized Licensed Material as part of End User Work in whatever medium the Licensee chooses (i.e. video tape, film, CD ROM, DVD, digital file formats). This does not include the right to resell the Licensed Material as a standalone product in whole or in parts;
    2. Use the Licensed Material for full copyright protection period, within different or various End User Works as Licensee sees fit, provided that such End User Work is not immoral or unlawful as may be determined in any jurisdiction throughout the world;
    3. Use the Licensed Material in all territories throughout the world;
    4. Make copies of the Licensed Materials for backup purposes only;
    5. Synchronize the Licensed Materials in any End User Work provided that such End User Work is not immoral or unlawful as may be determined in any jurisdiction throughout the world;
    6. Use the Licensed Materials on one (1) Workstation only;
    7. Edit the Licensed Materials to Synchronize them into any End User Work provided that such End User Work is not immoral or unlawful as may be determined in any jurisdiction throughout the world; and
    8. Publicly perform the Synchronised Licensed Materials as part of any End User Work.

Restrictions on Uses

  1. Licensee may not copy, duplicate, lend, distribute, assign, transfer or re-sell copies of the Licensed Materials, its contents in whole or in part whether processed or as per the original to any third party unless distributed or sold as part of any End User Work permitted in Paragraph 3 above;
  2. Licensee may not make copies of the Licensed Materials other than for backup purposes on more than one (1) Workstation;
  3. Licensee may not use the Licensed Materials in isolation as sound effects or as loops (i.e. a sequence of musical events) for any competitive products that are sold or relicensed to multiple third parties;
  4. Licensee may not use the Licensed Materials to create other samples for products competing with the Licensed Materials or the business of the Licensor in general;
  5. Licensee may not use, store, Edit or Synchronize the Licensed Materials or copies of the Licensed Materials on more than one (1) Workstation;
  6. Licensee may not re-distribute the Licensed Material, through any means, including but not limited to, transferring, sharing, sub-leasing, re-selling, trading, sharing, resampling, mixing, processing, isolating, or embedding into software or hardware of any kind, for the purpose of re-recording or reproduction as part of any free or commercial library of musical and/or sound effect samples and/or articulations, or any form of musical sample or sound effect sample playback system or device;
  7. Licensee may not license or sell any Licensed Material in its entirety or adapt, modify, or repackage any Licensed Material that has not been Synchronized as part of an End User Work;
  8. Licensee may not re-record or change the Licensed Materials in any way not authorized under this Agreement without the written consent of Licensor;
  9. Licensee may not claim ownership or authorship of the Licensed Materials represented under this Agreement; and
  10. Licensee shall not make the Licensed Materials available in a manner intended to allow or invite a third party to download, extract, re-distribute, Edit or access the Licensed Materials. Licensee shall exercise due diligence and maintain strict safeguards in order to ensure that no third party is able to download, extract, re-distribute, Edit or access the Licensed Materials. If Licensee becomes aware that any third party has downloaded, extracted, redistributed, Edited or accessed the Licensed Material, Licensee shall immediately notify Licensor via email at support@soundslikeasia.com.

Reservation of Rights

  1. All rights which are not expressly granted by Licensor to Licensee pursuant to this Agreement, including all promotional materials or any other property owned or controlled by Licensor, are specifically reserved by Licensor.
  2. Except as expressly set forth in this Agreement, nothing contained herein shall be deemed to convey or transfer to Licensee any ownership interest, including copyright, in or to the Licensed Material or any copy of the Licensed Material.
  3. All of the Licensed Material is the property of Licensor, and no use of any Licensed Materials may be made except in compliance with this Agreement.
  4. Insofar as may be permitted under the laws of any jurisdiction throughout the world, Licensor and/or its employees, affiliates or third party service providers (as the case may be) retain its/their right to be identified as the author(s) of the Licensed Materials and its right to object to any distortion, mutilation or other modification that significantly alters the Licensed Materials and is such that it might reasonably be regarded as adversely affecting the Licensor and/or the Licensor’s employees, affiliates or third party service providers’ honour and reputation.

Restrictions on Uses

  1. Licensee may not copy, duplicate, lend, distribute, assign, transfer or re-sell copies of the Licensed Materials, its contents in whole or in part whether processed or as per the original to any third party unless distributed or sold as part of any End User Work permitted in Paragraph 3 above;
  2. Licensee may not make copies of the Licensed Materials other than for backup purposes on more than one (1) Workstation;
  3. Licensee may not use the Licensed Materials in isolation as sound effects or as loops (i.e. a sequence of musical events) for any competitive products that are sold or relicensed to multiple third parties;
  4. Licensee may not use the Licensed Materials to create other samples for products competing with the Licensed Materials or the business of the Licensor in general;
  5. Licensee may not use, store, Edit or Synchronize the Licensed Materials or copies of the Licensed Materials on more than one (1) Workstation;
  6. Licensee may not re-distribute the Licensed Material, through any means, including but not limited to, transferring, sharing, sub-leasing, re-selling, trading, sharing, resampling, mixing, processing, isolating, or embedding into software or hardware of any kind, for the purpose of re-recording or reproduction as part of any free or commercial library of musical and/or sound effect samples and/or articulations, or any form of musical sample or sound effect sample playback system or device;
  7. Licensee may not license or sell any Licensed Material in its entirety or adapt, modify, or repackage any Licensed Material that has not been Synchronized as part of an End User Work;
  8. Licensee may not re-record or change the Licensed Materials in any way not authorized under this Agreement without the written consent of Licensor;
  9. Licensee may not claim ownership or authorship of the Licensed Materials represented under this Agreement; and
  10. Licensee shall not make the Licensed Materials available in a manner intended to allow or invite a third party to download, extract, re-distribute, Edit or access the Licensed Materials. Licensee shall exercise due diligence and maintain strict safeguards in order to ensure that no third party is able to download, extract, re-distribute, Edit or access the Licensed Materials. If Licensee becomes aware that any third party has downloaded, extracted, redistributed, Edited or accessed the Licensed Material, Licensee shall immediately notify Licensor via email at support@soundslikeasia.com.

Reservation of Rights

  1. All rights which are not expressly granted by Licensor to Licensee pursuant to this Agreement, including all promotional materials or any other property owned or controlled by Licensor, are specifically reserved by Licensor.
  2. Except as expressly set forth in this Agreement, nothing contained herein shall be deemed to convey or transfer to Licensee any ownership interest, including copyright, in or to the Licensed Material or any copy of the Licensed Material.
  3. All of the Licensed Material is the property of Licensor, and no use of any Licensed Materials may be made except in compliance with this Agreement.
  4. Insofar as may be permitted under the laws of any jurisdiction throughout the world, Licensor and/or its employees, affiliates or third party service providers (as the case may be) retain its/their right to be identified as the author(s) of the Licensed Materials and its right to object to any distortion, mutilation or other modification that significantly alters the Licensed Materials and is such that it might reasonably be regarded as adversely affecting the Licensor and/or the Licensor’s employees, affiliates or third party service providers’ honour and reputation.

Copyright

Copyright in the Licensed Materials is owned by Licensor and, other than the Licence granted in this Agreement, all rights in and to the Licensed Materials remain the property of Licensor.

Assignment

Licensee must not assign or transfer the License or the Licensed Materials to any other party without the written consent of the Licensor except as may be necessary for the use of the Licensed Materials in End User Works.

Licensee’s Representations and Warranties

Licensee represents and warrants that:

  1. In the event the Licensee is an individual, that the Licensee is of the age of majority and is fully able and competent to enter into and be bound by this Agreement;
  2. Licensee has and will have the necessary capacity, rights and authority to execute and deliver this Agreement, to perform its obligations under this Agreement and that nothing contained in this Agreement will place Licensee in breach of any other contract or obligations;
  3. All information provided to Licensor by Licensee, including contact details and billing information, amongst others, is true and accurate and does not contain any false or misleading statements or information;
  4. No demand, claim, suit, action or other proceeding pending or threatened exists that questions or challenges the ability or right of Licensee to enter into this Agreement or to perform any of Licensee’s obligations under this Agreement, nor does any reasonable basis exist for any such demand, claim, suit, action or other proceeding;
  5. Licensee will not use the Licensed Materials on more than one (1) Workstation;
  6. Licensee will not use the Licensed Materials for unlawful or immoral purposes;
  7. Licensee will not record, duplicate, download, or otherwise use any previews of the Licensed Materials that may be displayed/contained/accessible on the Website.
  8. Licensee shall not circumvent, disable or otherwise interfere with any and all security related features of the Website or any features that prevent or restrict use or copying of any Licensed Materials from the Website or enforce limitations on use of the Website or the Licensed Materials; and
  9. Licensee will procure and ensure procurement of any and all necessary licences, permits and releases from any individuals and/or entities in connection with Licensee’s use of the Licensed Materials (if applicable).

Termination

  • The Licence granted under this Agreement, and Licensee’s right to use the Licensed Materials will automatically terminate in the event of any breach by Licensee of the terms of this Agreement.
  • Licensor reserves the right to terminate this Agreement in the event Licensee:
    1. fails to pay the relevant Licence Fee; or
    2. otherwise breaches the terms of this Agreement.
  • Upon termination, Licensee shall immediately:
    1. stop using the Licensed Material; and
    2. destroy all copies of the Licensed Material.

Indemnification

Licensee shall, subject to the terms of this Paragraph and to the fullest extent permitted by law, defend, indemnify and hold harmless Licensor and its parent, subsidiaries and commonly owned or controlled affiliates and their respective members, officers, directors, and employees from all damages, liabilities and expenses (including reasonable attorneys’ fees) arising out of or as a result of claims by governmental or non-governmental authorities or any third parties relating to Licensee’s use of the Website/any Licensed Material/any online payment gateway or as a result of claims by third parties relating to any other actual or alleged breach by Licensee of this Agreement or in connection with any transactions contemplated under this Agreement. This Paragraph will survive this Agreement and Licensee’s use of the Website.

Liability

  1. Licensor accepts no responsibility for any loss of business or business profits resulting directly or indirectly from the use and/or exploitation of any Licensed Materials.
  2. Licensor shall not be responsible for any death, personal injury or property damage of any nature whatsoever resulting from Licensee’s access to and use of the Website and the Licensed Materials.
  3. Licensor will not be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Website and any Licensed Materials, even if Licensor has been advised of the possibility of such damages.
  4. All file formats of the Licensed Materials on the Website are in “Stereo” and “5.1 PCM Wave” file formats. Licensor will not be responsible if the quality or file format of the Licensed Materials, whether the file format is converted by Licensor upon request of Licensee or not, does not fit Licensee’s particular purpose, and Licensor makes no representations as to the suitability or legality of the Licensed Materials or the suitability of the file format of the Licensed Materials for use in any particular territory. For the avoidance of doubt, Licensor will not be responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any corrupted Licensed Materials or corrupted file formats of the Licensed Materials that Licensee and/or any third party have incurred or suffered as a result from the use of such corrupted Licensed Materials or corrupted file formats, including any damage to computer equipment, software or any electronic devices, whether such file formats are converted by the Licensor upon request of Licensee or not.
  5. Licensee’s use of the Website or the Licensed Materials is at Licensee’s own volition and Licensee is responsible for compliance with any applicable local laws. The Licensed Materials are licensed ‘as is’ without warranties of any kind. Any similarity of the Licensed Materials to any other content is purely unintentional. Licensor shall not be held responsible for any direct, indirect, or consequential loss arising from the use of any Licensed Materials in whatever form.
  6. Licensor will not be held responsible for any disputes, YouTube, Soundcloud or any other web-based ID conflicts that may arise from more than one user creating End User Works containing the same Licensed Materials licensed to the Licensor.
  7. Licensor will not be held responsible for any losses, damages, or claims arising from the failure of completion of any particular transaction via any online payment gateway or arising from any negligence, fraudulent act, default, breach and/or omissions of any online payment gateway or other third parties pursuant to any agreement between such online payment gateway or other third parties and the Licensor.
  8. Licensor will not be held liable for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any user communication, or any unauthorised access to or use of Licensor’s secure servers and/or any and all personal information and/or financial information stored therein.
  9. Licensor will not be held liable for any interruption or cessation or delay of transmission to or from the Website, any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any equipment due to technical problems or traffic congestion on the internet or on any part of the Website or combination thereof, including any injury or damage to Licensee or to any person’s computer or Workstation related to or resulting from participation or downloading materials in connection with the Website.
  10. Licensor will not be held responsible for any delay or failure to download the Licensed Materials including but not limited to failure as a result of technical malfunctions, poor internet connections, data corruption, viruses, malware, technical glitches, third party software, browser add-ons or extensions, and disruption of internet services or connectivity by any internet service provider.
  11. Licensor will not be held responsible for any bugs, viruses, trojan horses or the like which may be transmitted to or through the Website or Licensed Materials by any third party.
  12. The Website may contain advertisements and links to other websites or resources. Licensor is not responsible for the availability of such advertisements, external websites or resources, does not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such advertisements, websites or resources. Licensor shall not be responsible or liable, directly or indirectly, for any damage or loss or harm caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such advertisement, external website or resource.
  13. Licensor does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website or featured in any banner or other advertising, and Licensor is and will not be a party to or in any way be responsible for  any transaction between Licensee and third party providers of products or services. As with the acquisition of information and purchase of a product or service through any medium or in any environment, Licensee should use its best judgment, exercise caution where appropriate, and if need be, seek independent legal advice.
  14. Licensor will not be held liable for any errors, mistakes or inaccuracies of any content on the Website.
  15. Licensor will not be held liable for any act or omission on the part of any third parties not within the control of Licensor.
  16. Licensor reserves the right to modify or discontinue, temporarily or permanently, the Website (or any part thereof) or the Licensed Materials at any time without prior notice and at Licensor’s sole and absolute discretion. Licensor shall not be liable to Licensee or to any third party for any modification, suspension or discontinuance of the Website, or any loss of or inability to access Licensed Materials arising or resulting from such modification, suspension or discontinuance of the Website.
  17. Any violation of the terms of this Agreement by the Licensee may render the Licensee liable to criminal and civil penalties and for monetary damages.
  18. The foregoing limitation of liability in this Paragraph shall apply to the fullest extent permitted by applicable laws.

Payment Process

  1. Licensee must create and open an account on the Website to be able to place orders, access Licensed Materials, and track previous transactions. Licensee must input the Licensee’s correct and accurate identification ,contact, and billing details into a form prescribed by the Licensor on the Website for the purposes of registration of the Licensee’s account. Licensee may cancel/delete the said account at any time without prejudice to the provisions of this Agreement.
  2. Licensee will select the desired Licensed Material on the Website.
  3. Once the Licensed Material is selected, Licensee may enter the selected Licensed Material into Licensee’s online “shopping cart”.
  4. Payment of the Licence Fee shall be in advance prior to downloading any Licensed Material. After entering the Licensed Material into the Licensee’s online shopping cart, Licensee clicks the button labelled “check out” on the Website to proceed to payment of the Licence Fee.
  5. Once the button labelled “check out” is clicked, Licensee will be directed to select a payment method (e.g. through an online payment gateway), subject to any changes to the payment methods that may be imposed by the Licensor from time-to-time at its sole and absolute discretion.
  6. If the Licensee chooses to make payment via an online payment gateway then the Licensee will be directed to the relevant online payment gateway.
  7. Once directed to the relevant online payment gateway, Licensee will follow procedures for payment of Licence Fee as designated by the online payment gateway. All transactions made through such online payment gateway shall be made and displayed in Ringgit Malaysia, and may be subject to exchange rates.
  8. After payment is made to the Licensor through the relevant payment gateway, a download link to the selected Licensed Materials will be sent to the Licensee’s email address registered with the Licensee’s account on the Website. Such link will only be valid for four (4) clicks on the said link. Licensor shall not be liable for any losses arising from any inability to access such links or Licensed Material after the said number of clicks has been expended.
  9. A list of all orders placed through the Website will be listed under the Licensee’s account dashboard under the heading/tab named “Orders” and the corresponding receipt may be connected to each of such orders. Licensee acknowledges that if Licensee’s billing information provided to the Licensor during registration is inaccurate, any orders placed on the Website cannot be processed.
  10. For the avoidance of doubt, the Licensor shall not be held liable for any loss or damage sustained, whether direct or consequential, as a result of the Licensee’s use of such online payment gateway.
  11. Licensee agrees that Licensor may, both directly or through third parties, make any such inquiries and disclose any such information pertaining to Licensee as may be necessary to validate all such information provided by Licensee to Licensor.

No Refunds

No refunds will be given for downloaded Licensed Materials. Downloaded Licensed Materials cannot be returned, so Licensor cannot provide refunds.

Licensee agrees to be responsible for any applicable duties, taxes, or levies (if any).

Severability

This Agreement shall operate to the fullest extent permissible by law. If one or more of the provisions contained in this Agreement, or part thereof, is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected, and, if permitted, the court or arbitrator(s) shall apply any “blue pencil” rule that may be applicable, so as to enforce the lawful intent of the parties, as found by such court or arbitrator(s).

Waiver

No action of Licensor, other than express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of Licensor in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies, and a single or partial exercise by Licensor of any such rights or remedies will not preclude other or further exercise of that right or remedy. A waiver of a right or remedy on one occasion will not be construed as a bar to or waiver of rights or remedies on any other occasion.

Unauthorised Use

Any use of Licensed Material in a manner not expressly authorized by this Agreement or in breach of a term of this Agreement constitutes copyright infringement, entitling Licensor to exercise all rights and remedies available to it under any laws around the world including all equitable reliefs in the event of any such breach or threatened or anticipated breach by the Licensee. In addition, and without prejudice to Licensor’s other remedies under this Agreement, Licensor reserves the right to charge and Licensor agrees to pay any such additional fees as may be determined by the Licensor in its sole and absolute discretion for the unauthorized use of the Licensed Material.

This Agreement

The Licensor’s Terms of Use, Privacy Notice and Frequently Asked Questions accessible on the Website shall form part of the terms of this Agreement. For the avoidance of doubt, these may be accessible at [Please insert Privacy Policy Link ].
This Agreement may be amended or revised from time to time by Licensor without notice, and such amendment or revision shall be effective and binding upon posting onto the Website. It is therefore important for Licensee to review this Agreement regularly to ensure Licensee is updated as to any changes. Licensee’s continued use of any Licensed Material signifies Licensee’s agreement to and acceptance of any revised terms and conditions.
The headings and section titles in this Agreement are for convenience only and have no legal or contractual effect.

Force Majeure

No failure or omission by Licensor to carry out its obligations or observe any of the stipulations or conditions of this Agreement, shall give rise to any claims against the Licensor or be deemed a breach of this Agreement, if such failure or omission arises from a cause of force majeure, which includes Acts of God, new statutory enactments or modifications, war or warlike hostilities, pandemics, epidemics, acts of terrorism, civil commotion, riots, blockades, embargoes, sabotage, strikes, lockouts, shortage of material or labour, delay in deliveries from sub-contractors, machine failure caused by force majeure, or any other event that is unforeseeable and outside the reasonable control of the Licensor. Upon the occurrence of any event mentioned in this Paragraph 18, the Licensor shall for the duration of such event(s) be relieved of any obligation under this Agreement as is affected by the event(s) save that the provisions of this Agreement shall remain in force with regard to all other obligations under this Agreement which are not affected by the event(s).

Jurisdiction and Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Malaysia. Licensee agrees that any dispute arising out of this Agreement or the Licensed Materials shall be subject to the non-exclusive jurisdiction of the Courts of Malaysia.