All e2eSoft software (“Software Products”) and accompanying documentation are licensed and not sold. These Software Products are protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Shanghai Yitu Information Technology Co., Ltd. or its subsidiaries, affiliates, and suppliers (collectively “e2eSoft”) own intellectual property rights in the Software Product. The Licensee’s (“you” or “your”) license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement (“Agreement” or “EULA”).
Acceptance
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY DOWNLOADING ANY SOFTWARE PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, YOU MUST NOT INSTALL, USE, OR COPY ANY E2ESOFT SOFTWARE PRODUCT.
Free Trial
You can download a free trial version of the Software Product (the “Trial Version”) from e2eSoft website. You may only use the Trial Version to review, demonstrate, and evaluate the Software, and the Trial Version may have limited functionality. The Trial Version will cease operating after the applicable time period based on an internal metering mechanism within the Trial Version itself. Regardless of any such metering, you must stop using it at the end of the free trial period. Additional trial terms and conditions may appear on the web page of the Software Product. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. You shall not (A) install or use more than one copy of the Trial Version or use the Trial Version on more than one computer, except if necessary, for the sole purpose of evaluating load balancing features, (B) alter the contents of a hard drive or computer system to enable the use of the Trial Version for an aggregate period in excess of the trial period for one license to such Trial Version, (C) disclose the results of software performance benchmarks obtained using the Trial Version to any third party without e2eSoft’s prior written consent, or (D) use the Trial Version for any purposes other than the sole purpose of determining whether to purchase a license to the Software Product.
DURING A FREE TRIAL, THE TRIAL VERSION AND ANY APPLICABLE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY.
License Grant
Subject to all terms and conditions set forth in this Agreement and the applicable Order Form, e2eSoft grants you a limited, worldwide, nonexclusive, royalty-free license (without the right of sublicense) during the Subscription Term to install and use one copy of each Software Product. In addition, you may make one archival copy of each Software Product, which must be on a storage medium other than a hard drive and may only be used for the reinstallation of the Software Product. This Agreement does not permit the installation or use of multiple copies of the Software Product, or the installation of the Software Product on more than one computer at any given time, on a system that allows shared use of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. Multiple copy using or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of the Software Product.
Intellectual Property
The Software Product and all intellectual property rights in it are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Without limiting the generality of the foregoing, you agree to not (and to not allow any third party to): (A) use the trade names, trademarks, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Software Product for any purpose without the express written consent of e2eSoft; (B) register, attempt to register, or assist anyone else to register any trade names, trademarks, service marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with e2eSoft other than in the name of e2eSoft; or (C) remove, obscure, or alter any notice of copyright, trademark, service mark, logo or other proprietary right appearing in or on any item included with the Software Product.
Restrictions
Restrictions on Transfer
Without first obtaining the express written consent of e2eSoft, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.
Restrictions on Use
You may not use, copy, or install the Software Products on any system with more than one computer, or permit the use, copying, or installation of the Software Products by more than one user or on more than one computer. If you hold multiple, validly licensed copies, you may not use, copy, or install the Software Products on any system with more than the number of computers permitted by license, or permit the use, copying, or installation by more users, or on more computers than the number permitted by license.
You may not modify, adapt, translate, prepare derivative works from, decompile, “reverse-engineer,” disassemble, or otherwise attempt to derive the source code for or trade secrets related to the the Software Products.
Restrictions on Alteration
You may not modify the Software Products or create any derivative work of the Software Products or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Products.
Restrictions on Copying
You may not copy any part of the Software Products, except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy, which must be stored on a medium other than a computer hard drive.
Disclaimer of Warranties and Limitation of Liability
THE SOFTWARE PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY E2ESOFT, E2ESOFT MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THESE SOFTWARE PRODUCTS.
E2ESOFT MAKES NO WARRANTY THAT THE SOFTWARE PRODUCTS WILL MEET YOUR REQUIREMENTS OR OPERATE UNDER YOUR SPECIFIC CONDITIONS OF USE. E2ESOFT MAKES NO WARRANTY THAT OPERATION OF THE SOFTWARE PRODUCTS WILL BE SECURE, ERROR FREE, OR FREE FROM INTERRUPTION. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCTS SUFFICIENTLY MEET YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCTS TO MEET YOUR REQUIREMENTS. E2ESOFT WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL E2ESOFT, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF SOFTWARE PRODUCTS, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF E2ESOFT OR ANY OTHER PARTY, EVEN IF E2ESOFT IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS E2ESOFT’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Limitations of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Products. The selection of whether to correct or replace shall be solely at the discretion of e2eSoft. e2eSoft reserves the right to substitute a functionally equivalent copy of the Software Products as a replacement. If e2eSoft is unable to provide a replacement or substitute Software Products or corrections to the Software Products, your sole alternate remedy shall be a refund of the purchase price for the Software Products, exclusive of any costs for shipping and handling.
Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by e2eSoft to have been caused by you. All limited warranties on the Software Products are granted only to you and are non-transferable. You agree to indemnify and hold e2eSoft harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Technical Support
During the Subscription Term, for the fee, if any, stated in the applicable Order Form, e2eSoft will provide you (through your designated representatives) Technical Support, including Updates, in accordance with and subject to the terms of the Support Program. e2eSoft may use technical information provided by you relating to the Software as part of the Technical Support, including for product support and development. As part of the Technical Support, e2eSoft may make available bug lists, planned feature lists, and other supplemental materials, all of which are Confidential Information of e2eSoft and for which e2eSoft makes no representations or warranties of any kind.
Term, Termination and Survival
This Agreement is in effect from the date of download of the Software Product through the period in the applicable license grant as set forth above. This Agreement will terminate automatically if you fail to comply with any of the terms and conditions of this Agreement. e2eSoft shall have the right to audit your use of the Software Product in conjunction with this Agreement, and you will provide reasonable assistance for this purpose. In the event of any termination, you must cease use of the Software Product, and destroy all copies of the Software Product and all of its component parts. You may terminate this Agreement at any time by destroying the Software Product and all of its component parts. Termination of this Agreement shall not prevent e2eSoft or its suppliers from claiming any further damages. If you do not comply with any of the above restrictions, this license will terminate and you will be liable to e2eSoft and its suppliers for damages or losses caused by your non-compliance. The waiver by e2eSoft of a specific breach or default shall not constitute the waiver of any subsequent breach or default.
Agreement Update
e2eSoft has the right to modify the terms of this agreement from time to time in accordance with changes in national laws and regulations and operational needs, and the modified agreement will be effective once it is published and will replace the original agreement. You can check the latest agreement at any time from e2eSoft website at https://www.e2esoft.com/eula. You are obliged to pay attention to and read the latest version of the Agreement from time to time.
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of the People’s Republic of China. If the Software Product was acquired outside of China, local law may apply.
Severability
If any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.