License Agreement
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.
3. Copyright
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.
4. Installation
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.
5. Activation
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.
11. Indemnification
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.
13. Termination
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.