PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY. This End User License Agreement (“EULA”) governs your use of the application, software, their associated upgrades, patches, and updates and related services (the “Product”) currently provided or which will be provided by HK Weihan Computer Technology Co., Ltd. (hereinafter referred to as “WEIHAN"). You agree to be bound by the terms of this EULA from the acceptance date.
1. GRANT OF LICENSE
1.1 WEIHAN grants you a non-exclusive, non-transferable, non-sublicensed, non-commercial license to install and or use the Product (in whole or in part) for such time until you and WEIHAN terminate this EULA. You must in no event use, nor allow others to use, the Product for commercial purposes without a license to do so from WEIHAN.
1.2 You shall not, directly or indirectly (i) sell, rent, lease, license, distribute, market, exploit the Product or any of its parts commercially, (ii) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this Product and (iii) export or re-export this Product or any copy of adaptation in violation of any applicable laws or regulations.
1.3 The number of licensed users who are authorized to use the contracted Product is specified in the contract signed by both parties. If the licensee desire to grant the licensed Product for more users than the licensed user quantity in the agreed contract, you shall notify WEIHAN in writing and come to a supplementary contract with WEIHAN on this. As far as nothing else has been agreed with WEIHAN, the licensee is obliged to pay WEIHAN for each use of the contacted Product beyond the originally agree number in accordance with the current price list of WEIHAN.
2. OWNERSHIP
WEIHAN retain ownership in all intellectual property rights in and to the Product and all underlying technology and associated Documentation related thereto. You authorize WEIHAN to use any feedback and ideas you provide in connection with your use of the Product for any purpose.
3. PRODUCT ENHANCEMENT PLAN COMPENSATION
If you have enrolled in Microsoft Business Ready Enhancement Plan (“BREP”), you are obliged to pay WEIHAN for WEIHAN Product Enhancement Plan with regards to your contracted Microsoft Product during the term of BREP to be entitled with access to new versions of the Product and maintenance of your existing one.
4. WARRANTY DISCLAIMER, LIMITATION OF LIABILITY
You expressly acknowledge that use of the Product is at your own risk. To the fullest extent permissible under applicable law, the Product is supplied on an “as is” and “as available” basis. WEIHAN do not make any hereby disclaim any guarantees, conditions, warranties of any kind, express, implied or statutory of other terms including as to: (A) its conformity, accuracy, correctness, completeness, reliability or security; (B)its suitability for a particular use; (C) implied warranties of title, non-infringement; (D)its market value; or (E) your satisfaction. WEIHAN does not warrant that the Product will be uninterrupted or error-free, that defects will be corrected, or that the Product is free of virus or other harmful components. You assume all responsibility for selecting the Product to achieve your intended results, and for the installation, of use of, and results obtained from the Product.
To the fullest extent permissible under applicable law, in no event will WEIHAN be liable for loss of damage suffered in connection with the use of the Product or any related third party service. This includes without limitation all losses of any kind whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation (whether innocent or negligent) or otherwise, (B) direct loss; (C) accidental loss, (D) incidental loss, (E) consequential loss and (F) indirect loss.
5. CONFIDENTIALITY
Each party acknowledge that it may have access to confidential information of the other party in connection with this agreement, and that each party’s confidential information is of substantial to the disclosing party, which could be impaired if it were improperly disclosure to third parties or used in violation of this agreement.
Each recipient of confidential information under this agreement must keep the disclosing party’s confidential information confidential and protect it at least to the same extent it protects its own confidential information.Upon the Disclosing Party’s request and upon termination of this Agreement (unless agreed otherwise by the parties at the time), each party will return, destroy or delete permanently (at the Disclosing Party’s election) the other party’s Confidential Information.
6. CHANGES TO THIS EULA OR TO THE PRODUCT
WEIHAN reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to you.
WEIHAN may modify the Product for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Product. You agree that the Product may install or download the modifications automatically. You agree that WEIHAN may stop to support previous versions of the Product upon availability of an updated version.
For any question concerning this EULA, you may contact WEIHAN via the following address: sales@weihansoft.com.
