ZD Soft End User License Agreement (EULA)
In order to use the software (“the Software”) provided by ZD Soft, you shall read and comply with the “ZD Soft End User License Agreement (EULA)” (“this Agreement”). This Agreement is an agreement between you and ZD Soft regarding your downloading, installation and use of the Software. “ZD Soft” or “we” refers to Shenzhen ZD Soft Co., Ltd.; “you” or “user” refers to the individual or single legal entity that gets the Software through the channels provided and/or authorized by ZD Soft. Please be sure to carefully read and fully understand the contents of each clause, especially the clauses that exempt or limit the liability of ZD Soft, the clauses that restrict the rights of users, and the clauses that agree on dispute resolution methods and jurisdiction. Unless you have carefully read, fully understood and accepted all terms of this Agreement, you are not authorized to download, install or use the Software and/or related services. If you click “Agree”, “Next” or your download, installation, use, etc., or your acceptance of this Agreement in any other express or implied manner, it is deemed that you have read and agreed to be bound by this Agreement. This Agreement will have legal effect between you and ZD Soft, and become a legal document binding on both parties.
If you do not have full capacity for civil conduct due to factors such as age, intelligence, etc., please read and judge whether you agree to this Agreement accompanied by a legal guardian (“guardian”).
Your conclusion or performance of this Agreement and the use of the Software are also required to comply with the laws of the country or region you belong to and/or are located in.
1. INTELLECTUAL PROPERTY STATEMENT
1.1. The Software is developed by ZD Soft and authorizes users to download, install and use in accordance with this Agreement. Copyright, trademark, patent, trade secret and other intellectual property rights of the Software, and all contents related to the Software (including but not limited to object code, source code, script, text, picture, animation, audio, video, chart, interface design, layout framework, relevant data or electronic documents, etc.) are protected by laws and regulations and corresponding international treaties, and ZD Soft owns the above-mentioned relevant intellectual property rights in accordance with the law, except for the rights that the relevant rights holders should own in accordance with the law.
2. LICENSE GRANT
2.1. ZD Soft grants you a personal, non-transferable and non-exclusive license to use the Software in accordance with the scope and manner defined in this Agreement.
2.2. You may download, install and use the Software on a single device (including but not limited to desktops, laptops, tablets, workstations, servers and other digital electronic devices that meet the system requirements of the Software) for non-commercial purposes.
2.3. You may make one copy of the Software for backup purposes only. The backup copy must contain all copyright information contained originally in the Software.
2.4. The Software is not freeware, but you can use the trial version of the Software for free within a limited period (usually 30 days) to evaluate whether the functions of the Software meet your requirements. Certain features and functions of the Software may be limited or disabled in the trial version, and more or all of the functions of the Software will be limited or disabled after the trial period expires. The videos and pictures processed with the trial version may have a non-removable watermark logo of ZD Soft, which is one of the functional limitations of the trial version, but it does not mean that ZD Soft owns any rights to these videos or pictures, and ZD Soft does not take any responsibility for any risks involved in these videos or pictures.
2.5. The Software is not freeware, you can pay the license fee to ZD Soft to purchase a license key for activating the full version of the Software on your device, so as to use the Software indefinitely and benefit from the full features and functions of the Software. Each device on which the Software is installed requires a license, and the number of devices activated by a license key cannot exceed the number of licenses authorized by the license key. You may deactivate the Software license on one device and reactivate it on another device.
2.6. You acknowledge and agree that the Software is licensed to you, not sold to you. You acknowledge that title to the intellectual property rights in the Software is not transferred to you, and you will not acquire any title to the Software.
2.7. All other rights not expressly authorized in this Agreement are still owned by ZD Soft, and users must obtain the written consent of ZD Soft when using other rights.
3. RESTRICTIONS OF USE – You shall not
3.1. Remove, minimize, block or modify any information in the Software, such as copyright notices, trademarks, logos, watermarks, URLs, etc.
3.2. Reverse engineer, disassemble, decompile, or otherwise attempt to restore the source code of the Software.
3.3. Break any technical restrictions in the Software that only allow user to use the Software in a specific way.
3.4. Use a crack program or an illegally obtained license key of the Software (also known as “registration code”, “activation code”, “serial number”, etc.) to activate the full version of the Software.
3.5. Publish, distribute, share, lend, rent, or sell license keys of the Software to any third party.
3.6. Bundle, package or extend the Software, and make it available to any third party in any way for any purpose.
3.7. Use the Software to create, publish, transmit, disseminate, and store content that violates national laws, endangers national security, and social stability, or insults, defames, pornography, violence, and any content that violates national laws, regulations, and policies.
3.8. Use the Software to create, publish, transmit, disseminate, and store content that infringes on the intellectual property rights, trade secrets, and other legal rights of others.
3.9. Add, delete, or change the functions or operating effects of the Software by modifying or falsifying the instructions and data in the running of the Software.
3.10. Interfere with the Software and its components, modules, data, etc. by yourself, authorizing others or using third-party software.
3.11. Take any other actions that may affect or interfere with the normal operation of the Software.
4. GET THE SOFTWARE
4.1. You can get the Software directly from the official website of ZD Soft or from a third party authorized by ZD Soft.
4.2. If you get the Software or an installation program with the same name as the Software from a third party not authorized by ZD Soft, ZD Soft does not guarantee that it can be used normally, and will not be responsible for any loss caused to you.
5. INSTALL AND UNINSTALL
5.1. ZD Soft may develop different software versions for different devices and systems, and you should select the appropriate version for installation according to the actual situation.
5.2. If the Software provides an installation program, you need to follow the steps prompted by the program to complete the installation correctly.
5.3. If the Software provides a compressed file package, you can use it directly after decompressing it yourself.
5.4. If you no longer need to use the Software or need to install a new version of the Software, you can uninstall or delete the Software at any time.
6. UPGRADES AND UPDATES
6.1. An “upgrade” of the Software is a version of the Software that has major changes or improvements compared to the previous version.
6.2. An “update” of the Software is a version of the Software that has minor changes or improvements compared to the previous version, such as bug fixes.
6.3. ZD Soft does not guarantee the provision of updates to earlier versions of the Software, nor does it guarantee the usability and compatibility of earlier versions of the Software on new devices, operating systems and browsers that appear after their release.
6.4. Before installing and using any upgrade or update of the Software, you should make a backup copy of the current version of the Software. If you are not satisfied with the Software after the upgrade or update, you can restore the Software to the previous version.
6.5. ZD Soft provides any upgrades or updates at its sole discretion, and you also determine whether to get and install upgrades or updates at your sole discretion. ZD Soft does not assume any responsibility for any loss to you caused by the difference before and after you upgrade or update the Software.
7. REFUND
7.1. Unless otherwise agreed, ZD Soft provides an unconditional 30-day money back guarantee. If you are not satisfied with the Software within 30 days from the date of payment of the Software license fee, you can contact ZD Soft to apply for a refund. The license fee will be refunded in full after confirmation with you. Immediately after the refund is complete, you should stop using the Software and uninstall or delete the Software from your device.
7.2. Unless otherwise agreed, you shall not apply for a refund after 30 days from the date of payment of the Software license fee, even if the Software license is terminated for any reason, the Software license fee will not be refunded.
8. USER PERSONAL INFORMATION PROTECTION
8.1. ZD Soft is committed to protecting users’ personal information. ZD Soft will collect, use, store and share your personal information in accordance with this Agreement and the “ZD Soft Privacy Policy” on ZD Soft website. If this Agreement does not clearly stipulate the relevant content of personal information protection, the content of “ZD Soft Privacy Policy” shall prevail.
8.2. ZD Soft will not transfer or disclose your personal information to any third party unless:
8.2.1. Relevant laws and regulations or legal requirements of judicial or administrative agencies; or
8.2.2. To complete a merger, division, acquisition or transfer of assets; or
8.2.3. Necessary to provide the service you have requested; or
8.2.4. Circumstances that can be transferred or disclosed to third parties in accordance with the “ZD Soft Privacy Policy”.
9. LEGAL LIABILITY
9.1. The use of the Software is at your own risk. ZD Soft does not make any type of guarantee for the Software, whether express, implied or statutory warranties and conditions, including but not limited to the express or implied warranties and conditions of merchantability, fitness for a particular purpose, no negligence or technical flaws, title and non-infringement. For direct, indirect, incidental, special and consequential damages and risks (including but not limited to loss of business profits, business interruption, loss of business information, or any other monetary loss), ZD Soft assumes no responsibility, even if ZD Soft is aware of the possibility of such damages.
9.2. If you violate laws and regulations and/or this Agreement, ZD Soft has the right to take measures including but not limited to terminating your license of the Software, stopping the provision of services, and pursuing legal responsibility, and you shall be responsible for the losses caused thereby.
9.3. If your use of the Software results in infringement of third-party rights or damage to third parties, you shall be solely responsible, and ZD Soft shall not be liable.
9.4. To the extent permitted by law, ZD Soft is not responsible for any loss caused by the following circumstances:
9.4.1. Encounter force majeure, including but not limited to natural disasters such as floods, earthquakes, plagues and storms, and social events such as wars, turmoil, government actions, etc.
9.4.2. User or ZD Soft is affected by computer viruses, Trojans or other malicious programs, or hacker attacks.
9.4.3. User device hardware, software, system, network or power failure or compatibility issues.
9.4.4. Improper operation by the user or the use of the Software by the user in a way not authorized by ZD Soft.
9.4.5. Other circumstances beyond the control or reasonably foreseeable by ZD Soft.
10. THIRD-PARTY SOFTWARE OR TECHNOLOGY
10.1. The Software may inevitably use third-party software or technology (including open source code and public domain code that may be used in the Software, etc.). ZD Soft claims that third-party software or technology is provided on an ¡°as is¡± basis without warranty of any kind.
10.2. If the Software uses third-party software or technology, ZD Soft will display relevant agreements or other documents in accordance with relevant regulations or agreements, possibly through attachments to this Agreement, packaging in specific folders of the Software installation package, etc., they may be expressed in terms of “Software License Agreement”, “License Agreement”, “Open Source Code License” or other forms.
10.3. The aforementioned relevant agreements or other documents presented in various forms are an integral part of this Agreement and have the same legal effect as this Agreement, and you should comply with these requirements. If you fail to comply with these requirements, the third party or state authority may sue, impose fines or take other sanction measures against you, and require ZD Soft to provide assistance, and you shall bear the corresponding legal responsibilities.
11. THE TERM
11.1. This Agreement is effective from the date you download, install or use the Software.
11.2. This Agreement terminates on the date you uninstall the Software and delete your copy of the Software.
11.3. Even if this Agreement has been terminated, the license key of the Software you bought is still valid when you download, install or use the Software again, and can be used again to activate the full version of the Software, unless your violation of laws and regulations and/or this Agreement causes the Software license to be terminated by ZD Soft.
12. GENERAL PROVISIONS
12.1. Your use of the Software shall be deemed that you have read this Agreement and are bound by this Agreement. ZD Soft reserves the right to modify the terms of this Agreement without prior notice when necessary. You can check the latest version of the terms of this Agreement on the relevant pages of ZD Soft website. After the terms of this Agreement are changed, if you continue to use the Software or services provided by ZD Soft, it is deemed that you have accepted the changed agreement.
12.2. This Agreement is signed in Nanshan District, Shenzhen, Guangdong, China.
12.3. The establishment, entry into force, performance, interpretation and dispute resolution of this Agreement shall be governed by the laws of the mainland China.
12.4. If there is any dispute between you and ZD Soft, it should be settled through friendly negotiation first; if the negotiation fails, you agree to submit the dispute to the court with jurisdiction in the place where this Agreement is signed.
12.5. If the terms of this Agreement are partially invalid or unenforceable for any reason, the remaining terms shall remain valid and binding on both parties.
12.6. If this Agreement has multiple language versions such as Chinese and English, and the corresponding content is inconsistent, the content of the Chinese version shall prevail.
12.7. ZD Soft reserves the right of final interpretation of this Agreement.