Welcome to the A*FSP portal.
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| 1.
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By accessing and using this portal and the services offered on
it, you are deemed to have accepted and be bound by the A*STAR’s general
website Terms of Use and Privacy Statement. By submitting an Access Request
Form through this portal, you agree to these specific Terms & Conditions
for Training & Use of Equipment (“these Terms”).
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| 2.
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This programme is available to Small and Medium Enterprises that
are at least 30% locally owned and have net Fixed Asset Investment in Singapore
of not more than S$15 million.
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| 3.
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For the avoidance of doubt, the equipment provided under this
Programme will be made available only when A*STAR’s Research Institutes and
their collaborators do not require to use the same (“downtimes”). During such
downtimes, the Applicant may be authorized to use the same, subject to its
strict adherence of the terms and conditions herein.
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| 4.
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These Terms may be changed from time to time and are dependent
on the needs of A*STAR’s Research Institutes. Any changes will be posted on
this page and upon your use of this portal after such changes have been made,
you are deemed to have been aware of the changes, and your use of the portal
shall constitute your agreement to be bound by the revised terms.
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| 5.
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Please note that certification by us is a pre-requisite for the
use of and access to certain equipment. You agree that in order to have access
to and use of certain equipment through this portal (“Equipment”), training and
certification by us may be necessary. Where necessary, you agree to undergo the
required training in order to obtain certification. You further agree to bear
all costs of the training.
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| 6.
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Training will be provided to enable you to use and/or access the
Equipment effectively as well as learn the environmental, safety and health
precautions that you need to adhere to. Upon your successful completion of such
training, you will be issued a certificate confirming that you have been
trained to use the relevant Equipment. Upon receiving certification, you will
be deemed to be a Qualified User.
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| 7.
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You understand and accept that A*STAR’s Research Institutes make
no representation or warranty that you will be successfully trained, or that
you will obtain a certification at the end of such training. You agree that
A*STAR’s Research Institutes reserve the right at their sole discretion to
refuse to provide such training and/or certification.
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Your Obligations
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| 8.
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Where training has been provided, you agree to use the relevant
Equipment in accordance with such training. You further agree to abide by all
the laws, regulations, rules, notices and any other policies or procedures of
A*STAR’s Research Institutes in relation to your use of the Equipment. Without
limiting the generality of the foregoing, you agree in particular to observe
all the necessary safety measures.
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| 9.
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You will use the Equipment for work relating to research,
development, analysis, characterisation, or testing only. The equipment is not
to be used for manufacturing and/or production. If the equipment is found to
contravene the provisions of this clause, you may face a permanent prohibition
from using any equipment belonging to A*STAR’s Research Institutes. In
addition, A*STAR’s Research Institutes reserve the right to take such action
which includes but is not limited to seeking from you an account for the
profits earned from such manufacturing and/or production.
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| 10.
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You will also agree not to modify, add on or introduce any
software without the prior written consent of A*STAR’s Research Institutes. If
you fail to adhere to the contents of this provision, your actions may affect
the Warranty between A*STAR’s Research Institutes and the vendor of the
equipment. In addition, you will also be liable to A*STAR’s Research Institutes
for breach of this Agreement.
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| 11.
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You are to further prohibited from bringing in equipment into
the premises of A*STAR and/or its Research Institutes that contains software
that may infringe the law. Such equipment could include but is not limited to
laptops, PDAs and the like.
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| 12.
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You shall pay A*STAR and/or its Research Institutes the fee as
stipulated in the invoice issued to you within thirty (30) days from the date
of the invoice, failing which you will not be entitled to further usage of any
Equipment. Payment will be made by in such manner as required by A*STAR’s
Research Institutes.
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| 13.
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You shall use the Equipment in a skillful and proper manner and
ensure that the Equipment is operated and used in accordance with the relevant
instruction manuals and/or other relevant documentation and usage policies.
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| 14.
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You will be provided with necessary access to the Equipment.
Save for the right of access to necessary amenities, you understand and
acknowledge that you are not authorised to have access to other areas of A*STAR
or the Research Institutes.
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| 15.
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You shall not, without prior written permission, bring onto
A*STAR’s and/or its Research Institutes’ premises and/or use together with the
Equipment, any other substance and/or product that contravenes the applicable
environment, safety and health provisions or electrical or mechanical
installations, machines or apparatus that may cause or causes heavy power
surge, high frequency voltage or air borne noise, vibration or any electrical
or mechanical interference or disturbance whatsoever which may prevent or
affect or prevents or affects the use or operation of any communication system
or other equipment, installations, machinery, apparatus or plants of A*STAR
and/or its Research Institutes, other tenants, licensees or lessees of A*STAR,
or occupants of adjacent or neighbouring premises.
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| 16.
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You agree that you will bear full responsibility for your use of
the Equipment, and that for the duration of your use of the Equipment, you will
take reasonable care to maintain the Equipment in good order. In the event that
you cause A*STAR and/or its Research Institutes to incur loss, damage or injury
during or pursuant or related to your use of the Equipment, you shall be liable
to fully indemnify A*STAR and/or its Research Institutes to the full extent of
the loss, damage or injury occasioned.
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| 17.
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If the Equipment or any part thereof is destroyed, damaged or
lost as a direct or indirect consequence of your use, you shall if so required
by A*STAR and/or its Research Institutes, at the option to A*STAR you are to
repair and replace at your cost, the Equipment with replacements as approved in
writing by A*STAR and/or its Research Institutes or bear the costs and expense
of such repair and replacement.
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No Warranty
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| 18.
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A*STAR’s Research Institutes make no representations, conditions
or warranties, express or implied, with respect to the Equipment, or its
availability. Without limiting the generality of the foregoing, A*STAR’s
Research Institutes expressly disclaim any implied warranty, condition or
representation that the Equipment:-
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| (i)
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shall correspond with a particular description;
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| (ii)
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is of a merchantable quality;
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| (iii)
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is fit for a particular purpose;
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| (iv)
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does not infringe the intellectual property rights of any third
parties;
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| (v)
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shall produce particular results; or
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| 19.
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A*STAR and/or its Research Institutes shall not be liable to you
in whatever manner, including without limitation in case of:-
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| (i)
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any interruption in electricity, water supply and other services
by reason of repairs or maintenance of any installations or apparatus or damage
thereto or by reason of mechanical or other defect or breakdown; |
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| (ii)
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mechanical or other defect or breakdown of the Equipment or any
part thereof; or
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| (iii)
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save as to personal injury and death, any damage caused by any
act, omission, default, misconduct or negligence of A*STAR and/or its Research
Institutes, its agents, servants or employees.
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| 20.
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A*STAR’s Research Institutes reserve the right to vary the type
and quantum of equipment available under this Programme at its sole discretion.
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| 21.
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A*STAR’s Research Institutes shall be entitled to terminate this
Agreement: (a) immediately and without prejudice to its rights in respect of
any breach of your obligations herein by serving immediate written notice to
you at any time following such breach; or (b) by fourteen (14) days’ written
notice to you without the need to assign any reason. No exercise or failure to
exercise or delay in exercising any right power or remedy vested A*STAR and/or
its Research Institutes under or pursuant to this Agreement shall constitute a
waiver by A*STAR and/or its Research Institutes of that or any other right
power or remedy.
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| 22.
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At no time shall A*STAR’s Research Institutes be liable to the
Applicant for termination of this Agreement, and in any event, save for death
or personal injury, the liability of A*STAR’s Research Institutes, if any,
shall be capped at the amount that would have been billed to the Applicant.
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| 23.
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Any notice requiring to be served shall be sufficiently served
on you if sent to the address provided by you in the [application/Access
Request form] by registered post. A notice sent by registered post shall be
deemed to be given at the time when in due course of post it would be delivered
at the address to which it is sent.
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| 24.
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You agree that while in the premises of A*STAR and/or its
Research Institutes, you may be in possession and/or acquire information that
is Confidential in nature. In the premises, you are not to disclose the same to
any third party for any purpose whatsoever and not make use of such information
or any part thereof and treat it with at least the same care and in the same
manner as your own secret and valuable information. Your obligations as
contained in this provision extend to your employees as well and will survive
the termination of this Agreement.
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| 25.
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A person who is not a party to this Agreement shall have no
right under the Contracts (Rights of Third Parties) Act to enforce any of its
terms.
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| 26.
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These terms and conditions shall be governed by and construed in
all respects in accordance with the laws of the Republic of Singapore.
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to
the Terms & Conditions for Training & Use of Equipment stated above.
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