You are on page 1of 4

End-User License Agreement

==========================

All e2eSoft software ("Software Products") and accompanying documentation is


licensed and not sold. These Software Products are protected by copyright laws and
treaties, as well as laws and treaties related to other forms of intellectual
property. Shanghai Yitu Information Technology Co., Ltd. or its subsidiaries,
affiliates, and suppliers (collectively "e2eSoft") own intellectual property rights
in the Software Product. The Licensee's ("you" or "your") license to download, use,
copy, or change the Software Product is subject to these rights and to all the
terms and conditions of this End User License Agreement ("Agreement" or "EULA").

Acceptance
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY DOWNLOADING ANY
SOFTWARE PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. IF YOU
DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT INSTALL, USE, OR
COPY ANY E2ESOFT SOFTWARE PRODUCT.

Free Trial
You can download a free trial version of the Software Product (the "Trial Version")
from e2eSoft website. You may only use the Trial Version to review, demonstrate,
and evaluate the Software, and the Trial Version may have limited functionality.
The Trial Version will cease operating after the applicable time period based on an
internal metering mechanism within the Trial Version itself. Regardless of any such
metering, you must stop use at the end of the free trial period. Additional trial
terms and conditions may appear on the Software Product web page. Any such
additional terms and conditions are incorporated into this Agreement by reference
and are legally binding. You shall not (A) install or use more than one copy of the
Trial Version or use the Trial Version on more than one computer except, if
necessary, for the sole purpose of evaluating load balancing features, (B) alter
the contents of a hard drive or computer system to enable the use of the Trial
Version for an aggregate period in excess of the trial period for one license to
such Trial Version, (C) disclose the results of software performance benchmarks
obtained using the Trial Version to any third party without e2eSoft's prior written
consent, or (D) use the Trial Version for any purpose other than the sole purpose
of determining whether to purchase a license to the Software Product.

DURING A FREE TRIAL, THE TRIAL VERSION AND ANY APPLICABLE SERVICES ARE PROVIDED
"AS-IS" WITHOUT WARRANTY OF ANY KIND.

License Grant
Subject to all terms and conditions set forth in this Agreement and the applicable
Order Form, e2eSoft grants you a limited, worldwide, nonexclusive, royalty-free
license (without right of sublicense) during the Subscription Term to install and
use one copy of each Software Product. In addition, you may make one archival copy
of each Software Product. The archival copy must be on a storage medium other than
a hard drive, and may only be used for the reinstallation of the Software Product.
This Agreement does not permit the installation or use of multiple copies of the
Software Product, or the installation of the Software Product on more than one
computer at any given time, on a system that allows shared used of applications, on
a multi-user network, or on any configuration or system of computers that allows
multiple users. Multiple copy use or installation is only allowed if you obtain an
appropriate licensing agreement for each user and each copy of the Software
Product.

Intellectual Property
The Software Product and all intellectual property rights in it are protected by
copyright laws and international copyright treaties, as well as other intellectual
property laws and treaties. Without limiting the generality of the foregoing, you
agree to not (and to not allow any third party to): (A) use the trade names,
trademarks, service marks, logos, domain names and other distinctive brand features
or any copyright or other proprietary rights associated with the Software Product
for any purpose without the express written consent of e2eSoft; (B) register,
attempt to register, or assist anyone else to register any trade names, trademarks,
service marks, logos, domain names and other distinctive brand features, copyright
or other proprietary rights associated with e2eSoft other than in the name of
e2eSoft; or (C) remove, obscure, or alter any notice of copyright, trademark,
service mark, logo or other proprietary right appearing in or on any item included
with the Software Product.

Restrictions
Restrictions on Transfer
Without first obtaining the express written consent of e2eSoft, you may not assign
your rights and obligations under this Agreement, or redistribute, encumber, sell,
rent, lease, sublicense, or otherwise transfer your rights to the Software Product.

Restrictions on Use
You may not use, copy, or install the Software Products on any system with more
than one computer, or permit the use, copying, or installation of the Software
Products by more than one user or on more than one computer. If you hold multiple,
validly licensed copies, you may not use, copy, or install the Software Products on
any system with more than the number of computers permitted by license, or permit
the use, copying, or installation by more users, or on more computers than the
number permitted by license.

You may not modify, adapt, translate, prepare derivative works from, decompile,
"reverse-engineer," disassemble, or otherwise attempt to derive the source code for
or trade secrets related to the the Software Products.

Restrictions on Alteration
You may not modify the Software Products or create any derivative work of the
Software Products or its accompanying documentation. Derivative works include but
are not limited to translations. You may not alter any files or libraries in any
portion of the Software Products.

Restrictions on Copying
You may not copy any part of the Software Products except to the extent that
licensed use inherently demands the creation of a temporary copy stored in computer
memory and not permanently affixed on storage medium. You may make one archival
copy which must be stored on a medium other than a computer hard drive.

Disclaimer of Warranties and Limitation of Liability


THE SOFTWARE PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE", UNLESS OTHERWISE
EXPLICITLY AGREED TO IN WRITING BY E2ESOFT, E2ESOFT MAKES NO OTHER WARRANTIES,
EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET
FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THESE
SOFTWARE PRODUCTS.

E2ESOFT MAKES NO WARRANTY THAT THE SOFTWARE PRODUCTS WILL MEET YOUR REQUIREMENTS OR
OPERATE UNDER YOUR SPECIFIC CONDITIONS OF USE. E2ESOFT MAKES NO WARRANTY THAT
OPERATION OF THE SOFTWARE PRODUCTS WILL BE SECURE, ERROR FREE, OR FREE FROM
INTERRUPTION. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCTS SUFFICIENTLY MEET
YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY
AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCTS TO
MEET YOUR REQUIREMENTS. E2ESOFT WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE
OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL E2ESOFT, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS
BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL,
INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR
PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING,
PERFORMANCE, INSTALLATION, OR USE OF SOFTWARE PRODUCTS, WHETHER DUE TO A BREACH OF
CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF E2ESOFT OR ANY OTHER PARTY, EVEN
IF E2ESOFT IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT
THAT THE APPLICABLE JURISDICTION LIMITS E2ESOFT'S ABILITY TO DISCLAIM ANY IMPLIED
WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.

Limitation of Remedies and Damages


Your remedy for a breach of this Agreement or of any warranty included in this
Agreement is the correction or replacement of the Software Products. Selection of
whether to correct or replace shall be solely at the discretion of e2eSoft. e2eSoft
reserves the right to substitute a functionally equivalent copy of the Software
Products as a replacement. If e2eSoft is unable to provide a replacement or
substitute Software Products or corrections to the Software Products, your sole
alternate remedy shall be a refund of the purchase price for the Software Products
exclusive of any costs for shipping and handling.

Any claim must be made within the applicable warranty period. All warranties cover
only defects arising under normal use and do not include malfunctions or failure
resulting from misuse, abuse, neglect, alteration, problems with electrical power,
acts of nature, unusual temperatures or humidity, improper installation, or damage
determined by e2eSoft to have been caused by you. All limited warranties on the
Software Products are granted only to you and are non-transferable. You agree to
indemnify and hold e2eSoft harmless from all claims, judgments, liabilities,
expenses, or costs arising from your breach of this Agreement and/or acts or
omissions.

Technical Support
During a Subscription Term, for the fee, if any, set forth in the applicable Order
Form, e2eSoft will provide you (through your designated representatives) with
Technical Support, including Updates, in accordance with and subject to the terms
of the Support Program. e2eSoft may use technical information provided by you
relating to the Software as part of the Technical Support, including for product
support and development. As part of the Technical Support, e2eSoft may make
available bug lists, planned feature lists, and other supplemental materials, all
of which are Confidential Information of e2eSoft and for which e2eSoft makes no
representations or warranties of any kind.

Term, Termination and Survival


This Agreement is in effect from the date of download of the Software Product
through the period in the applicable license grant as set forth above. This
Agreement will terminate automatically if you fail to comply with any of the terms
and conditions of this Agreement. e2eSoft shall have the right to audit your use of
the Software Product in conjunction with this Agreement, and you will provide
reasonable assistance for this purpose. In the event of any termination, you must
cease use of the Software Product, and destroy all copies of the Software Product
and all of its component parts. You may terminate this Agreement at any time by
destroying the Software Product and all of its component parts. Termination of this
Agreement shall not prevent e2eSoft or its suppliers from claiming any further
damages. If you do not comply with any of the above restrictions, this license will
terminate and you will be liable to e2eSoft and its suppliers for damages or losses
caused by your non-compliance. The waiver by e2eSoft of a specific breach or
default shall not constitute the waiver of any subsequent breach or default.

Agreement Update
e2eSoft has the right to modify the terms of this agreement from time to time in
accordance with changes in national laws and regulations and operational needs, and
the modified agreement will be effective once it is published and will replace the
original agreement. You can check the latest agreement at any time from e2eSoft
website at https://www.e2esoft.com/eula. You are obliged to pay attention to and
read the latest version of the Agreement from time to time.

Governing Law, Jurisdiction and Costs


This Agreement is governed by the laws of the People's Republic of China. If the
the Software Product was acquired outside China, local law may apply.

Severability
If any provision of this Agreement shall be held to be invalid or unenforceable,
the remainder of this Agreement shall remain in full force and effect. To the
extent any express or implied restrictions are not permitted by applicable laws,
these express or implied restrictions shall remain in force and effect to the
maximum extent permitted by such applicable laws.

You might also like