End-User License Agreement (EULA) 

Audit Program 4.0 (AP4.0) 

This End-User License Agreement (“Agreement”) is a legally binding contract between EQC Advisory Limited, trading as EQC Compliance Advisory (“we,” “us,” or “our”), and the purchaser or subscriber of Audit Program 4.0 (“you,” “your,” or “end-user”). By installing, accessing, or using Audit Program 4.0 (“the Program”), you agree to be bound by the terms and conditions set forth in this Agreement. If you do not agree to these terms, you must not install or use the Program.

 

1. Definitions

1.1 “Program”: Refers to the Audit Program 4.0 (AP4.0) software, including all components, updates, working paper templates, formulas, and codes embedded within the system. 

 

1.2 “End-User”: Refers to the owners and employees of the purchasing party who are authorized to use the Program for internal audit services or sub-contracted audit services. 

 

1.3 “Purchasing Party”: The entity, firm, or individual who has purchased or subscribed to the Program and its associated credits under this Agreement. 

 

1.4 “Workstation”: The computer or device owned and controlled by the Purchasing Party, used for operating the Program. 

 

1.5 “Principal Place of Business”: The primary office or location where the Purchasing Party conducts its business. 

 

1.6 “Deliverables”: The working papers, audit reports, and other outputs generated by the Program during its use. 

 

1.7 “Confidential Information”: Includes the Program’s know-how, methods, working paper templates, formulas, and coding embedded within the Program, as well as any proprietary information provided by EQC Advisory Limited. 

 

2. Grant of License

2.1 License Scope: EQC Advisory Limited grants you a limited, non-exclusive, non-transferable, and revocable license to use the Program exclusively on the Purchasing Party’s workstation(s) for internal use in rendering audit or sub-contracted audit services. 

 

2.2 Restrictions: 

– The Program may only be used by the owners and employees of the Purchasing Party. 

– The Program must only be installed and used on workstations located at the Principal Place of Business of the Purchasing Party. 

– You may not transfer, move, or use the Program on workstations outside the Principal Place of Business, nor allow external parties to access or use the Program. 

– You may not copy, modify, reverse-engineer, decompile, disassemble, or attempt to replicate the Program or any of its components. 

– You may not sell, distribute, or share the Program, its deliverables, or any part thereof for profits, gains, or purposes beyond internal audit services for your business or sub-contracted audit services. 

 

2.3 Deliverables: The deliverables generated by the Program are for internal use only and may not be shared, distributed, or sold to third parties outside the Purchasing Party. 

3. Acknowledgment and Acceptance of Related Policies

By using the Program, you confirm that you have read, understood, and agreed to the following documents, which form an integral part of this Agreement: 

3.1 Privacy Policy: www.eqcadvisory.com/eqc-privacy-policy 

3.2 Disclaimer of Liability and Losses: www.eqcadvisory.com/disclaimer-of-liability-and-losses 

3.3 Data Processing Agreement: www.eqcadvisory.com/ap40-data-processing-agreement 

 

4. Obligations of the End-User

4.1 Compliance with User Manual: You agree to use the Program strictly as per the instructions provided in the user manual issued by EQC Advisory Limited. Any unauthorized use of the Program beyond the scope of the user manual is strictly prohibited. 

 

4.2 Confidentiality: You shall safeguard the Program’s know-how, methods, working paper templates, formulas, and coding as proprietary and confidential information of EQC Advisory Limited. You must not disclose, share, or replicate such information in any form. 

 

4.3 Security Measures: You are responsible for implementing appropriate security measures for your workstations, including managing access to prevent unauthorized use and ensuring compliance with data protection laws. 

 

4.4 Data Accuracy: You are responsible for ensuring that all data entered into the Program is accurate, complete, and up to date. 

 

5. Prohibited Actions

The End-User shall not: 

– Use the Program for purposes other than internal audit services or sub-contracted audit services. 

– Attempt to replicate or develop a similar system using the Program’s design, methods, or functionality. 

– Transfer the Program, its deliverables, or any part thereof to third parties. 

– Move or use the Program on workstations located outside of the Principal Place of Business, except with prior written approval from EQC Advisory Limited. 

 

6. Breach of Agreement

6.1 Legal Actions and Compensation: EQC Advisory Limited reserves the right to pursue legal actions against the End-User for any breach of this Agreement. In the event of a breach, you agree to: 

– Compensate EQC Advisory Limited for all financial losses arising from the breach, including but not limited to: 

  – Leakage of confidential information, including know-how, methods, working paper templates, and formulas or codes embedded in the Program. 

  – Loss of profits, business opportunities, or damages caused by unauthorized use or distribution of the Program or its deliverables. 

 

6.2 Termination of License: EQC Advisory Limited may terminate this Agreement immediately if the End-User breaches any of its terms. Upon termination, you must cease using the Program and delete all copies from your workstations. 

 

7. Limitation of Liability

To the fullest extent permitted by law: 

– EQC Advisory Limited disclaims all liability for any losses or damages arising from the use or reliance on the Program or its deliverables, as outlined in the Disclaimer of Liability and Losses. 

– The End-User assumes all responsibility for compliance with applicable laws, regulations, and professional standards when using the Program. 

 

8. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region. Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts of Hong Kong. 

9. Miscellaneous

9.1 Updates and Modifications: EQC Advisory Limited reserves the right to update this Agreement at its sole discretion. Continued use of the Program after such updates constitutes acceptance of the revised terms. 

 

9.2 Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. 

 

9.3 Entire Agreement: This Agreement constitutes the entire understanding between the parties regarding the use of the Program and supersedes all prior agreements, whether written or oral. 

 

10. Acceptance of Terms

By installing, accessing, or using Audit Program 4.0, you acknowledge that you have read, understood, and agree to be bound by the terms of this End-User License Agreement and the related policies referenced herein. 

 

EQC Advisory Limited