IMPORTANT — THIS AGREEMENT (“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR ENTITY) (“LICENSEE”, “YOU” OR “YOUR”) AND AJOYSOFT SOFTWARE. BY USING THE SERVICES AND/OR ANY SOFTWARE HEREIN DESCRIBED, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT TO AJOYSOFT THAT YOU HAVE LEGAL AUTHORITY TO BIND THAT ENTITY.
1. License Grant
Subject to the terms and conditions of this Agreement and depending upon whether during sign-up and/or purchase process you have agreed to use the Service and/or the Software on a subscription basis or to receive a perpetual license to use the Software, aJoysoft grants to You:
· a non-exclusive, non-transferable license (without right to sublicense) to use the Service and/or Software for the term of this Agreement; and/or
· a non-exclusive, non-transferable, perpetual license (without right to sublicense) to use the Software.
2. License Restrictions
· Licensee may not and agrees not to or enable others to modify, adapt, translate, sublicense, rent, lease, or loan all or any portion of the Licensed Software or Documentation; and
· Licensee may not and agrees not to or enable others to create any derivative works from all or any portion of the Licensed Software or Documentation; and Licensee may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Licensed Software; and
· Licensee may not and agrees not to or enable others to use a previous version of the Licensed Software after receiving a media replacement or upgraded version as a replacement to a prior version (in such case Licensee must destroy the prior version); and
· Licensee may not and agrees not to or enable others to use the Licensed Software in the operation of any business, aircraft, ship, nuclear facilities, life support machines, communication systems, or any other equipment in which the failure of the software could lead to personal injury, death, or environmental damage; and
· Licensee may not and agrees not to or enable others to remove or obscure Licensor’s copyright or trademark notices, or the copyright and trademark notices of any third parties that Licensor has included in the Licensed Software or Documentation; and
· Licensee may not and agrees not to or enable others to use the Licensed Software to host applications for third parties, as part of a facility management, timesharing, service provider, or service bureau arrangement; and
· Licensee may not install the Licensed Software on other devices after the Licensed Software has been installed on one device without Licensor’s prior consent.
· Licensee may not and agrees not to or enable others to use the Licensed Software in any manner that is illegal or not authorized by this EULA.
The Software and any authorized copies that Licensee makes are the intellectual property of, and are owned by, the Licensor, and by third parties whose intellectual property has been licensed to the Licensor. The structure, organization, and code of the Software are the valuable trade secrets and confidential information of the Licensor and such third parties. The Software is protected by law, including without limitation, the copyright laws of China and the United States and other countries, and by international treaty provisions. Except as expressly provided in this EULA, Licensee is not granted any intellectual property rights over the Software. Licensee may not make or publish any public statement concerning the Software or the Licensor without the prior express written consent of the Licensor.
Licensee can only install one copy of the Licensed Software on a single device. The Licensee must be the primary user of the device on which the Licensed Software is installed. This Agreement shall apply to all installations of the Licensed Software. Installation of the Licensed Software on two or more devices is prohibited. The Licensee may purchase and install multiple licenses if Licensee wants to install software on two or more devices. Licensee shall be solely responsible for all expenses incurred in Licensee’s installation and use of the Licensed Software.
The Licensed Software contains technological measures that are designed to prevent its unlicensed or illegal use. The Licensed Software may contain enforcement technology that limits Licensee’s ability to install and uninstall the Licensed Software on a machine to no more than a finite number of times, for a finite number of devices and for a defined period in time designated by the purchased License. The Licensed Software may require activation during installation and in the Documentation. If any of such applicable activation procedure(s) is not followed, the Licensed Software may only operate for a finite period of time. If activation is required, but the Licensee doesn’t complete activation within the finite period of time set forth in the Documentation or explained during installation, the Licensed Software will cease to function until activation has been completed, by which time functionality will be restored. If Licensee has any problem with the activation process, Licensee may contact the Licensor customer service for support.
6. Support and Updates
Subject to Licensee’s payment of the corresponding fees (if any), aJoysoft shall provide reasonable technical support. Licensee shall provide aJoysoft with such technical information and assistance as aJoysoft may reasonably request in order for it to provide support. Subject to Licensee’s payment of the corresponding fees (if any), aJoysoft shall provide the Licensee with updates, enhancements and maintenance modifications as they become available.
7. Software Improvement Program
aJoysoft is committed to helping protect your privacy at all times except as otherwise provided in this Agreement. This statement explains the anonymous data collection process and usage practices for the Software Improvement Program of aJoysoft.
In order to provide and improve the software, its features, and user’s experience, we will automatically collect, maintain process and use information concerning the way the various modules and functionalities of aJoysoft software are being used. Information is also gathered anonymously for the purpose of statistical analysis about Software usage.
We will only use such information for the purpose of providing end users with the best possible software experience. The collected data will not be disclosed, shared, sold, traded or rented to any third parties for marketing purposes. For users who do not wish to enable this service, you may opt-out in the advanced options menu during the installation process.
8. Transfer Restriction
Licensee may not transfer or assign the rights under this agreement to another party without aJoysoft’s prior written consent.
9. Changes to this Agreement
aJoysoft may change this Agreement and will post the modified agreement (which shall then become the Agreement) on aJoysoft’s website. Therefore, aJoysoft encourages you to check the terms of this Agreement from time to time to see if they have been updated. If You do not agree to the modified agreement, Your sole recourse is to stop using the Service and/or Software. Your continued use of the Service or Software after the date the modified agreement is posted will constitute Your acceptance of the modified agreement.
10. Limitation of Liability
Licensee agrees and acknowledges that neither aJoysoft nor any of its licensors may be held liable for any claim, loss, damages, expenses or costs of an indirect nature, including consequential or special damages, lost profits or otherwise and in no event shall they be liable for any damages in excess of the amount of fees paid to aJoysoft by licensee (if any) under this agreement during the immediately preceding six months. This limitation applies to all causes of action or claims in the aggregate, including, without limitation, breach of contract, breach of warranty, indemnity, negligence, strict liability, misrepresentation and other torts. The limitations in this section apply to you only to the extent they are lawful in your jurisdiction.
This limitation of liability is intended to apply without regard to whether other provisions of this agreement have been breached or have proven ineffective or if a remedy fails of its essential purpose. You acknowledge that if the above limitation were not included herein, aJoysoft would not license the service or software to you.
Licensee will indemnify and hold licensor harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney’s fees) arising from or relating to licensee’s illegal or improper uses of the licensed software from any third party. Licensee’s obligations under this section shall survive the expiration or termination of this agreement.
12. General Legal Terms
This Agreement is the entire agreement between You and aJoysoft related to the Service and/or Software, replacing any prior agreements. aJoysoft’s licensors may be third party beneficiaries to this Agreement. There are no other third-party beneficiaries to this Agreement. The parties to this Agreement are independent contractors, and nothing in this Agreement creates an agency, partnership, or joint venture. You shall not assign this Agreement, by operation of law or otherwise. aJoysoft may assign this Agreement, subject to all of the terms of this Agreement.
Failure to enforce any provision will not constitute a waiver of that provision. If any provision of this Agreement is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose and, in any event, the remainder of the Agreement shall be unaffected. The prevailing party in any action or proceeding to enforce its rights hereunder shall be entitled to recover reasonable attorneys’ fees and other reasonable costs incurred in the action or proceedings.
You may only resolve disputes with aJoysoft on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
This Agreement shall be governed by California law without regard to any conflict of laws principles.
aJoysoft reserves the right to terminate this Agreement if licensee violates the Agreement repeatedly. Accordingly, all rights granted to licensee herein shall immediately cease.
Licensee may terminate this Agreement at any time, but shall promptly return all copies of the software or destroy them with verification by writing to us.
14. No Warranties
aJoysoft makes no express or implied representations or warranties, of any kind related to our products or the materials contained on this website. aJoysoft assumes no responsibility for any damage occurred while using our software incorrectly.
you expressly acknowledge and agree that, to the extent permitted by applicable law, use of aJoysoft software is at your sole risk, and the entire risk as to satisfactory quality, performance, accuracy is with you. no oral or written information or advice given by aJoysoft or an authorized representative shall create warranty.