End User License Agreement

Last updated: December 13, 2024

END USER LICENSE AGREEMENT (EULA)

IMPORTANT: PLEASE READ THIS END USER LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PROVIDED BY AnyUkit. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL OR USE THE SOFTWARE.

This Agreement is between you and AnyUkit, the provider of the Software.

License Grant

License Type

Subject to the terms and conditions of this Agreement, AnyUkit grants you a non-exclusive, non-transferable, and limited license to install and use the software on a single device or multiple devices as specified by the license type (e.g., personal or commercial use).

License Scope

You may:

• Install and use the Software on a device as per the license type granted.

• Make one (1) backup copy of the Software for archival purposes, provided the copy retains all original copyright notices.

Licensed Software Definition

The "Licensed Software" includes all of the contents of the files, disk(s), CD-ROM(s), DVDs, or other media for which this EULA is provided, including but not limited to:

• Third-party computer information or software that the Licensor has licensed for inclusion in the Licensed Software.

• Written materials or files relating to the Licensed Software ("Documentation").

• Fonts.

• Modified versions, updates, additions, and copies of the Licensed Software, if any.

License Restrictions

You may not:

• - Distribute, sublicense, rent, lease, or otherwise transfer the Software to any third party.

• Modify, decompile, disassemble, reverse engineer, or create derivative works based on the Software.

• Use the Software for any illegal, unethical, or unlawful purposes.

• Remove or alter any copyright, trademark, or other proprietary notices from the Software.

License Transfer

Conditions under which the Software license can be transferred to another party, if applicable. This may include any necessary notifications to AnyUkit and any fees involved.

Licensee Publicity Rights

By using the Software, you grant AnyUkit a limited, non-exclusive, and revocable right to use your name solely for identifying you as a customer in case studies, testimonials, marketing materials, and industry events, provided such use is non-misleading and does not imply endorsement beyond your use of the Software. All uses require your prior written approval, and you may revoke this permission at any time with written notice. AnyUkit will cease use of your Marks within thirty (30) days of such notice, except for materials already published that cannot reasonably be altered or removed.

Intellectual Property

The Licensed Software, including any authorized copies made by the Licensee, remains the sole intellectual property of the Licensor and, where applicable, third parties whose intellectual property has been licensed to the Licensor. The structure, organization, and source code of the Licensed Software are valuable trade secrets and proprietary information owned by the Licensor and its licensors. The Licensed Software is protected by applicable laws, including but not limited to copyright laws of the People’s Republic of China, the United States, and other countries, as well as international treaties.

Except as expressly permitted under this Agreement, the Licensee is not granted any rights, title, or interest in or to the Licensed Software, including any intellectual property rights. Licensee may not use, reproduce, distribute, or create derivative works of the Licensed Software beyond the scope authorized by this Agreement.

The Licensee may develop plug-ins or extensions using the open interface protocol of the Licensed Software to meet legitimate individual needs. However, prior to such development and use, the Licensee must obtain explicit written authorization from the Licensor. Any development or use of plug-ins without prior authorization is strictly prohibited. In such cases, the Licensee shall bear full legal responsibility for any resulting claims, damages, or losses, including those of third parties.

Privacy and Data Usage

Data Collection

By using the Software, you consent to AnyUkit’s collection of certain data, including but not limited to, usage statistics, device information, crash logs, and other technical data. This data may be used for improving the Software, providing updates, or offering technical support.

Use of Data

Your data will be processed in accordance with AnyUkit’s Privacy Policy, which is incorporated herein by reference. The Privacy Policy provides more detailed information regarding the types of data collected, its uses, and your rights concerning this data.

Third-Party Data

The Software may interact with third-party services or components, and data may be shared with these third parties, in accordance with their respective terms and conditions. By using the Software, you agree to such data sharing as described in the Privacy Policy.

Warranties and Disclaimers

No Warranty

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Warranty

AnyUkit does not guarantee that the Software will be error-free, secure, or uninterrupted. You acknowledge that you are using the Software at your own risk, and that the Software may not meet all of your requirements.

Disclaimers

To the fullest extent permitted by applicable law, AnyUkit disclaims all liability for any loss or damage arising out of your use of the Software, including without limitation, data loss, revenue loss, and consequential damages.

Limitation of Liability

Exclusion of Damages

IN NO EVENT SHALL AnyUkit BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Maximum Liability

AnyUkit’s total liability under this Agreement shall not exceed the amount you paid for the Software.

Export Restrictions

The Software is subject to export laws and regulations. You agree to comply with all applicable international and national laws regarding the use of the Software and any export or re-export restrictions.

Indemnification

You agree to indemnify, defend, and hold harmless AnyUkit from any claims, damages, losses, liabilities, and expenses arising from your use of the Software or violation of this Agreement.

Term and Termination

Term

This Agreement will remain in effect until terminated by either party.

Termination by User

You may terminate this Agreement at any time by uninstalling and destroying all copies of the Software.

Termination by AnyUkit

AnyUkit may terminate this Agreement immediately if you breach any of the terms outlined in this Agreement. Upon termination, you must cease all use of the Software and destroy all copies.

Effect of Termination

Upon termination, your right to use the Software will immediately end, and you must cease all further use and remove the Software from all devices. Termination does not affect any accrued rights or obligations as of the termination date.

Governing Law and Dispute Resolution

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law principles.

Dispute Resolution

Any disputes arising out of or relating to this Agreement shall be resolved through binding arbitration in [Your Location], under the rules of [Arbitration Institution]. If arbitration is not applicable, disputes will be handled in the courts of [Your Jurisdiction].

Class Action Waiver

You agree that any claims or disputes under this Agreement will be resolved on an individual basis and not as part of any class action, representative, or consolidated proceeding.

Third-Party Components or Services

Third-Party Software

The Software may include third-party software or components, which are licensed under separate terms. You agree to comply with these third-party license agreements when using the Software.

Third-Party Services

The Software may include services or features provided by third parties. These services are governed by their respective terms, and you agree to comply with those terms when using the third-party features.

Installation

Instructions for properly installing the Software, including any system requirements and steps to follow to complete the installation process.

Activation

Details on how to activate the Software after installation, including any required activation codes or online activation processes.

Software Updates and Improvements

Automatic Updates and Modifications

The Software may automatically update itself to improve performance, fix bugs, or add new features. These updates will be subject to the terms of this Agreement, unless otherwise specified.

Software Improvement Program

Information about the program that allows the Software to collect anonymous data to improve future versions and provide a better user experience. Users usually have the option to opt in or out of this program.

Evaluation Copy

Terms for using an evaluation or trial copy of the Software, including any limitations or expiration dates associated with the trial version.

Support

Information on the technical support provided by AnyUkit, including how to access support and any limitations or conditions that apply.

Severability

If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it enforceable.

Entire Agreement and Amendments

Entire Agreement

This Agreement constitutes the entire understanding between you and AnyUkit regarding the Software and supersedes any prior agreements or understandings, whether written or oral.

Amendments

AnyUkit may update or modify this Agreement from time to time. Any such changes will take effect after providing prior notice to you, either through the Software, email, or AnyUkit website. For significant changes, your continued use of the Software after receiving notice constitutes acceptance, but you may be required to explicitly accept the updated Agreement before further use. If you do not agree to the changes, you may terminate this Agreement by discontinuing use of the Software.

End-User Generated Content

Terms regarding any content generated by the user using the Software, including ownership rights and the rights of AnyUkit to use or display such content.

Acceptance of Terms

By installing, copying, or otherwise using the Software, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement.