You may use our software and services only on the condition that you agree to abide by the following terms. We sincerely recommend that you shall read this Agreement very carefully.
BY DOWNLOADING, INSTALLING OR USING OUR SOFTWARE, YOU ARE AGREEING ELECTRONICALLY TO THE TERMS OF THIS SOFTWARE END USER LICENSE AGREEMENT (THE “EULA” or “AGREEMENT”). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT INSTALL, COPY, OR USE THE SOFTWARE.
1. DEFINITIONS:
1.1 “Software”. This Agreement shall apply to the software, services and all subsequent updates that accompany your use of the same.
1.2 “Documentation” means all manuals, user documentation, and any other related materials pertaining to the Software.
1.3 “You”. In this Agreement, we use the term “you” or “your” to mean you as an individual or such entity in whose behalf you act, if any. You represent and warrant that you have adequate legal capacity to enter into this Agreement and that you will use the Software only for lawful purpose.
1.4 “We” shall mean Shanghai Yitu Information Technology Co., Ltd and its subsidiaries.
2. GRANT OF RIGHTS:
2.1 Provided that you comply with the terms of this Agreement, we grants you a personal, limited, non-exclusive, non-transferable, non-sublicense, non-assignable, and non-irrecoverable license to install the Software on the hardware with ONE COPY ONLY. we retains and reserves all rights not expressly granted to you. This license does not entitle you to receive from us hard-copy documentation, support, telephone assistances, or enhancements or updates to the Software.
2.2 Aforesaid grants are restricted as follows: (a) The Software hereunder is a license and not a sale. This Software and any content and services provided with Software are protected by copyright and other intellectual property laws and by international treaties. You shall not have any right, title or interest on the Software. we reserves all rights not expressly granted. (b) You may make a single archival copy of the Software but may not copy, modify, distribute, or resell the Software. (c) You may not rent, lease, lend or encumber the Software. (d) You may not decompile, or reverse engineer the Software. (e) The terms and conditions of this Agreement will apply to any Software updates which is at we’s sole discretion.
3. DISCLAIMER OF WARRANTY:
THIS SOFTWARE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, E2ESOFT SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND/OR FITNESS FOR A PARTICULAR PURPOSE.
4. LIMITATION OF LIABILITY:
IN NO EVENT SHALL we BE LIABLE TO YOU OR ANY END-USERS, FOR ANY LOSS OF PROFIT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE LICENSING OR USE OF THE SOFTWARE, DOCUMENTATION FOR ANY ERROR OR DEFECT.
To the maximum extent permitted by applicable law and in any case, we’s entire collective liability under any provision of this Agreement shall not exceed the replacement of defective media or hardware. Notwithstanding the foregoing, some jurisdictions do not allow the exclusion or limitation of the above liability, so the above limitation may not apply to you.
5. TERM AND TERMINATION:
This Agreement is effective from the date you first use the Software and shall continue until terminated. This Agreement automatically terminates if you fail to comply with the terms hereof. Upon termination, you must stop all use of the Software and must destroy all copies of the Software that are in your possession.