Important, please read carefully!
These Terms of Use and the other legal terms referenced herein (collectively, the "Agreement") is a legally binding agreement between you and us regarding your use of our Wishe (the name of the licensed software listed herein) software and related services (collectively, the "Software"). (the "Software").
Please read the terms of this agreement carefully and if you do not agree to these terms, do not download, install, access or use the software in any way, and do not click "i agree", "i accept" or other similar representations.
As used in this Agreement, "You" means any individual user or single legal entity.
Acceptance of this Agreement
By clicking on "I agree" or "I accept" or other similar expressions, opening the Software package, downloading, installing, accessing or in any way using the Software, you acknowledge that you have carefully read and fully understood the content of this Agreement and that you accept and agree to be bound by the terms of this Agreement. If you do not agree to these terms or have any questions about any of the terms or representations, please do not download, install, access or use the Software in any way, and do not click "I agree" or "I accept".
1.2. If you are an individual user, you should ensure that you are at least eighteen (18) years of age and have full capacity and ability to enter into a contract, and if you do not meet the foregoing conditions, you should ensure that this Agreement is confirmed by your parent or other guardian on your behalf. If you are confirming your acceptance of this Agreement on behalf of a legal entity (such as your company or entity, or another company or entity for which you provide services), you represent and warrant that you are fully authorized by that legal entity to accept this Agreement on behalf of that legal entity.
Grant of License and Restrictions
2.1. Grant of Limited License. We are the legal owner of the Software and have the full right to grant you a limited, personal use only, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Software, including all documentation and files accompanying the Software, on the terms and conditions set forth in this Agreement.
2.2. License Restrictions. (1) Unless otherwise agreed to in your purchase certificate for the Software, you may only install the Software on a single device and retain a copy for backup purposes only. You may not use the Software on a network unless you ensure that each device on the network has a license to use the Software.
(2) You may not modify, lend, rent, or sell part or all of the Software, reverse engineer, disassemble, decompile, extract source code from, or create derivative works of the Software.
2.3. Open Source Software. The Software may contain certain software programs that are subject to open source software licenses, and the license terms for such software programs may not be the same as the terms of this Agreement. For such open source software programs, the terms of the open source software license take precedence, and if the license terms for such software programs require disclosure of the source code, the source code and binary code for such software are included in a single document and provided to you with the Software. The scope of application of the relevant open source license is limited to the source code and binary code disclosed above.
2.4. Third Party Software. The Software may contain third party software, and your use of the Software is subject to the terms of the license agreement for such third party software in addition to this Agreement. The license agreements for such third party software are provided to you with the Software.
Transfer
3.1. You may transfer the Software to anyone in perpetuity only with your Equipment, provided that, at the time you transfer the Software, you transfer and deliver to the transferee any upgraded version of the Software provided by us and all documentation, and the transferee confirms its acceptance of the terms and conditions of this Agreement. Upon transfer of the Software, you must immediately remove all copies of the Software that you have made and/or that are contained on any equipment in your possession or control. If the transferred Software is an upgraded version, any transfer must include the prior version of the Software. Upon transfer of the Software, we warrant that the Software will continue in effect for the remainder of its term to the transferee.
Ownership and Intellectual Property Rights
4.1. The Software is licensed, not sold, for use only. You are limited to using the Software in the manner agreed to in this Agreement, and title to the Software and any other rights and interests in the Software are not transferred to you by reason of this Agreement or its performance. We or third parties have title to and intellectual property rights in the Software. All rights not expressly granted to you are reserved in their entirety by us or third parties.
4.2. You may not remove any copyright marks or any other rights marks or rights notices from the Software.
Registering an Account
5.1. In some cases, the Software may require you to register for a personal account and you agree to provide true and accurate account registration information, such as your email address and telephone number, for this purpose. You are aware and understand that if the registration information provided is incorrect, it may affect your use of the Software.
5.2. You are responsible for keeping your account information and password secure. Any activities carried out by logging in with your account and password are deemed to be your own, whether or not authorized by you, and we shall not be liable for them.
5.3. If you become aware of any unauthorized use of your account or other similar security issues, you should notify us immediately. In the event of a dispute and if the owner of the account can not be identified, we have the right to suspend or cancel the account at our sole discretion.
Data Collection and Protection of Personal Information
6.1. When you register for an account, you may be required to provide certain personal information about yourself.
6.2. In order to continually improve the Software or enhance your experience, we may collect some information about your use of the Software and send it to us when you are connected to the Internet. This process does not collect personal information that can be used to identify you. You hereby authorize us to store, organize, analyze, or in any other way use such non-personally identifiable information for commercial or non-commercial purposes on our own, on behalf of a third party, or by transferring it to a third party. You may also turn off this collection of information at any time in the settings of the Software. When turned off, we will not be able to collect such usage information, and you understand that this may not help us to improve the Software or provide you with a better user experience. By using the Software, you agree to the contents of our Privacy Policy and consent to our collection, storage and use of your personal information in a manner consistent with that policy.
Limited Warranty
7.1. Media Warranty. If we provide the Software to you via a tangible medium, we warrant that the medium on which the Software is recorded will be free from defects for a period of ninety (90) days after delivery to you. We will replace, free of charge, any defective media returned within the above warranty period. The above warranty will not apply if you have obtained Software Media without our authorization. The above warranty is your sole and entire remedy for any breach of this media warranty by us.
7.2. Performance Warranty. We warrant that the Software delivered will function substantially as described in the Software Documentation for a period of ninety (90) days after delivery, if used in a manner consistent with the Documentation. If the Licensed Software does not conform to this warranty and you report such non-conformance to us within the warranty period set forth above, we will, in our reasonable discretion, take any one or more of the following remedial actions: (a) repair the Software; (b) replace the defective Software with Software that provides substantially the same functionality; or (c) terminate this Agreement and refund to you the relevant license fees paid by you for the non-conforming Software. The above warranty does not apply to any defect caused by accident, abuse, misuse, unauthorized repair, modification or improvement. These are your exclusive remedies for breach of the above warranties under this Agreement.
Excluded warranties
8.1. to the maximum extent permitted by applicable law, the warranties set forth in Section 7 are the entire warranty we provide to you with respect to the software and media and supersede all other warranties, whether express or implied, including, but not limited to, implied warranties of merchantability (of the same quality as similar products), fitness for a particular purpose, and non-infringement of any intellectual property rights, and we do not we do not warrant that the software will operate uninterrupted or error-free. You may have other warranty rights under the law, which may vary from country to country or region to region. This agreement does not exclude and limit your statutory rights that can not be legally excluded and limited by contract.
Limitation of Liability
9.1. To the maximum extent permitted by relevant law, our liability to indemnify us for damages on any grounds whatsoever, including but not limited to breach of contract or infringement, is limited to the option, at our discretion, to (a) repair or replace the software; or (b) refund the price you paid for the software.
9.2. In no event shall we be liable, even if advised in advance of the possibility of such occurrence, for (a) damage to your system or corruption or loss of data; or (b) any special, incidental or consequential damages, including, without limitation, lost profits, lost business opportunities, loss of goodwill. Our maximum liability under this Agreement will not exceed the amount you have paid to us. The above limitation of liability also applies to our suppliers, distributors and agents. For the avoidance of doubt, nothing in this agreement shall be deemed to exclude or limit our liability for personal injury or death and tangible property damage caused by our negligence, and the above limitation of liability will not apply to those liabilities that cannot be excluded or limited by contract under the relevant law.
Maintenance and support
10.1. Unless otherwise expressly provided, we shall not be under any obligation to provide any maintenance and support in respect of the Software under this Agreement. Maintenance and support provided by us with respect to the Software will be performed in accordance with our then-current maintenance and support policy. The maintenance and support provided by us may be free of charge or may require payment of a fee.
We may from time to time provide bug patches, updates or upgrades to the Software free of charge, in which case the Software on your device will be automatically updated to the new version, or you may disable this automatic update feature by manually turning it off in the Software settings.
Software Trial and Evaluation
11.1. If we provide the Licensed Software to you for trial or evaluation purposes and you enter into a trial or evaluation agreement with us in relation to the Licensed Software, your right to try or evaluate the Licensed Software will be subject to the terms of that trial or evaluation agreement.
If you do not have a trial or evaluation agreement with us for the Licensed Software and we provide the Licensed Software to you for trial or evaluation purposes, the following terms and conditions shall apply. We grant you a non-exclusive, temporary, free and non-transferable license to use the Licensed Software solely for internal non-production evaluation or trial purposes. Such trial or evaluation license will terminate: (a) at the end date of the scheduled trial or evaluation period if a trial or evaluation phase pre-determines the Licensed Software; or (b) if no such evaluation phase pre-determines the Licensed Software ("Evaluation Period"), after the initial installation of the Licensed Software expiration date of sixty (60) days from the date of the initial installation of the Licensed Software. the trial or evaluation version of the licensed software is non-transferable and is provided "as is" without warranty of any kind. you shall take appropriate steps to back up your applications, files and data on a separate storage medium in order to restore such applications, information and data if necessary. The Licensed Software may contain an automatic disabling mechanism that prevents use of the Licensed Software after a period of time. Upon expiration of the trial or evaluation period of the Licensed Software, you shall discontinue use of the Licensed Software and destroy all copies of the Licensed Software. All other terms and conditions of this License Agreement shall apply to your trial and evaluation of the Licensed Software to the extent permitted by this Agreement.
Links to Third Party Sites
You may use the Software to link to third party sites. Third party sites are not controlled, operated or supported by us, and we are not responsible for the content of any third party site, any links contained therein, or any changes or updates thereto. We are not responsible for any content on third party sites. We provide these links to third-party sites to you only as a convenience, and the provision of these links does not imply any recommendation, endorsement or warranty by us with respect to the third-party sites.
Term and Termination
13.1. This Agreement shall become effective when you agree to accept it. The term of the license granted under this Agreement is perpetual, unless terminated earlier under the terms below or as otherwise specified in this Agreement or in the Software's documentation, or unless the license you receive is specified as non-permanent. For example, if the license granted to you is subscription-based or for a limited period of time, in accordance with the Software's relevant documentation. If you are granted a non-permanent license, your right to use the Software will terminate on the specified termination date and you shall cease using the Software on the termination date.
13.2. Your license may be unilaterally terminated by us if: (a) you fail to pay any license fee, subscription fee or renewal fee due and payable (as applicable); or (b) you breach any term of this Agreement.
13.3. You may terminate this Agreement at any time by completely uninstalling the Software.
13.4. Upon termination of this Agreement, you must cease using and uninstall the Software and destroy all copies of the Software, whether in part or in full.
Other
14.1. This Agreement also applies to all updated and upgraded versions of the Software that we may provide to you.
14.2. We reserve the right to modify, add or remove portions of this Agreement at any time and to make the modified Agreement available to you; we will post the modified Agreement through the Software or our website, and the modified Agreement will become effective upon the expiration of the posting period. If you continue to use the Software after the effective date of the Agreement, you accept the modified Agreement and will use the Software in accordance with the modified Agreement. If you do not accept the modified Agreement, you shall immediately stop using the Software and completely uninstall the Software.
14.3. This Agreement shall be governed by and construed in accordance with the laws of the People's Republic of China, without reference to its conflict of laws rules, and for clarity, this Agreement shall not apply to the laws of the Hong Kong Special Administrative Region and the Macau Special Administrative Region of the People's Republic of China and Taiwan. In the event of any dispute arising out of the interpretation or performance of this Agreement, the parties agree that the dispute will first be resolved through friendly negotiation, and in the event that friendly negotiation fails to resolve the dispute within a reasonable period of time, the parties agree to submit the dispute to the people's court with appropriate jurisdiction in our location for adjudication. However, the above agreement does not restrict us from applying to any court of competent jurisdiction for an injunction or other compulsory measures to protect intellectual property rights.
14.4. If the terms of this Agreement are held to be invalid, illegal or unenforceable, the validity, effectiveness or enforceability of the other terms shall not be affected.
14.5. This Agreement and the documents referenced herein constitute the entire agreement between you and us with respect to the Software and the subject matter hereof, and supersede all prior communications, understandings or agreements of any kind.
14.6. You may not assign this Agreement or any rights hereunder to any third party. We reserve the right to arrange for the performance of some or all of our obligations under this Agreement by our affiliates or subcontractors at our discretion, depending on our business model.
If you have any questions, you may contact us via our official email address ckdpkkqnfpp@hotmail.com.
I hereby confirm that I have read and understand the above End User License Agreement and agree that by clicking the "Confirm" or "Agree" button below, downloading, installing or using the Licensed Software, I confirm that I agree to be bound by the End User License Agreement.