End User License Agreement
This Agreement provides you with the right to install, load, host and use "the Software" as described herein.
Portions of the Software licensed under this Agreement are used under license from third parties. All Rights Reserved.
NOTICE TO ALL USERS: PLEASE READ THE FOLLOWING LEGAL AGREEMENT ("AGREEMENT") CAREFULLY. THIS AGREEMENT CONSTITUTES A LEGAL, BINDING AND ENFORCEABLE AGREEMENT BETWEEN YOU AND ZD SOFT("ZD SOFT") REGARDING ALL USE OF ANY ZD SOFT SOFTWARE ("SOFTWARE"). BY INSTALLING THE SOFTWARE, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) ACCEPT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT WITH ZD SOFT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT INSTALL OR USE THE SOFTWARE.
- License Grant. Subject to the payment of the applicable license fees, and subject to your abidance by the terms and conditions of this Agreement, ZD Soft hereby grants to you a non-exclusive, non-transferable right to use one copy of the specified version of the Software which you have acquired and the accompanying documentation (the "Documentation").
- Term. This Agreement is effective until terminated. You may terminate it at any point by destroying the Software together with all copies of the Software. Also, ZD Soft has the option to terminate this Agreement if you fail to comply with any terms of this Agreement. You agree upon such termination immediately to destroy the Software and the Documentation together with all copies thereof.
- Updates. ZD Soft may update the content of the Software from time to time and provided that you have purchased the right to upgrades, you may download such revisions, upgrades, or updates to the Software when and as ZD Soft publishes them via its website or other online services. You agree that the terms of this Agreement (or any subsequent version hereof) shall applies to any updated version of the Software or the Documentation.
- Ownership Rights. International copyright laws and international treaty provisions protect the Software. ZD Soft and its suppliers own and retain all right, title and interest in and to the Software and the Documentation, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. Your possession, installation, or use of the Software does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Software except as expressly set forth in this Agreement. All copies of the Software and Documentation made hereunder will contain the same proprietary notices that appear on and in the Software and the Documentation.
- Use. You shall not use the Software to monitor, supervise, spy or log personal data if such usage is in violation with privacy rights or local laws. You or Your Users shall be responsible for complying with all domestic and international laws and any other any legal obligations, including but not limited to, obligations imposed by copyright, trademark, trade secrets, defamation, decency, privacy, security and export laws.
- Restrictions. You may not give away, rent, lease, loan or resell the Software and the Documentation or transfer any of the rights granted to you under this Agreement. You may not reverse engineer, decompile, hack, translate or disassemble the Software (except to the exact extent that applicable law expressly prohibits the foregoing restriction). You may not modify, or create derivative works based upon the Software in whole or in part. You may not copy the Software or Documentation except as expressly permitted in Section 1 above. You may not remove any proprietary notices or labels on the Software or Documentation. Nor may you cause or permit others to transact any of the actions which are governed by this Section 6. ZD Soft reserves all rights not expressly set forth hereunder.
- Warranty and Disclaimer.
- Limited Warranty. ZD Soft warrants that for sixty (60) days from the date of original purchase, the media (for example, the diskettes) on which the Software is contained will be free from defects in materials and workmanship.
- Customer Remedies. ZD Soft and its suppliers' entire liability, and your exclusive remedy for any breach of the foregoing warranty, shall be, at ZD Soft's option, either (i) to return the purchase price paid for the license, if any, or (ii) to replace the defective media on which the Software is contained. You must return the defective media to ZD Soft at your expense with a copy of your receipt. This limited warranty is void if the defect has resulted from accident, abuse, or misapplication. Any replacement media will be warranted for the remainder of the original warranty period. This remedy is not available to the extent that ZD Soft is subject to restrictions under export control laws and regulations.
- Warranty Disclaimer. THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE CHINESE LAW, ZD SOFT DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING DOCUMENTATION. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, ZD SOFT UNDERTAKES NO LIABILITY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS, PROBLEMS CO-WORKING WITH OTHER SOFTWARE PACKAGES OR OPERATING SYSTEMS, OR ANY OTHER FAILURES, OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, WHETHER EXPRESSLY ACKNOWLEDGED OR NOT.
- Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL ZD SOFT OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON (PHYSICAL OR LEGAL) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE, DATA OR MALFUNCTION, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES. IN NO EVENT WILL ZD SOFT BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST PRICE ZD SOFT CHARGES FOR A LICENSE TO THE SOFTWARE, EVEN IF ZD SOFT SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT ONLY THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
- High Risk Activities. The Software is not fault-tolerant and is not designed or intended for use in hazardous environments that require fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage collectively, "High Risk Activities". ZD Soft expressly disclaims any express or implied warranty of fitness for High Risk Activities.
- Miscellaneous. This Agreement is governed by the laws of China, without reference to conflict of law principles. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This Agreement sets forth all rights for the user of the Software and is the entire agreement between the parties. This Agreement supersedes any other communications with respect to the Software and Documentation. This Agreement may not be modified except by a written addendum issued by ZD Soft. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by ZD Soft. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The provision, which is held invalid, shall to the furthest extent possible be legally interpreted and construed in accordance with the intentions and the nature of this entire Agreement. The parties confirm that it is their wish that this Agreement has been written in the English language only. Nothing contained in this section 9 shall be construed as an obligation by you to disclose any of your proprietary or confidential information to any third party.
- Your representations and warranties. You represent and warrant that you are authorized to enter into this Agreement and comply with its terms. Furthermore, you represent and warrant that you will at any and all times comply with your obligations hereunder and any applicable laws, regulations and policies, which may apply to the Software. You assume full and unlimited liability for any use contrary to this entire Agreement whether such use has been enacted or caused directly or indirectly by you. You agree to indemnify, defend and hold ZD Soft harmless from and against any and all liability arising out of or in connection with your violation or breach of this Agreement or applicable laws, regulations and policies.
- Contacts. If you have any questions concerning these terms and conditions, or if you would like to contact ZD Soft for any other reason, please click here.