End User License Agreement
IMPORTANT! Please read carefully: this End User License Agreement (the “EULA”) is a legally binding agreement between you (an individual or a single entity) and Chengdu Zhijie Technology Co., Ltd. (the “Company”) regarding the software installed on the Company product you have purchased (the “Product”) or otherwise legally downloaded by you from sudo8.com or another channel provided by the Company (the “Software”).
By using a Product containing the Software, or by installing the Software on a Product or on a device connected to a Product, you agree to be bound by the terms and conditions of this EULA. If you do not agree to the terms of this EULA, do not use any Product containing the Software, do not download the Software from sudo8.com or any other channel provided by the Company, and please return the Product to the dealer from whom you purchased it for a refund in accordance with the dealer’s return policy.
Section 1. Limited Software License. Subject to the terms and conditions of this EULA, the Company grants you a limited, non-exclusive, non-transferable, personal license to install, run, and use one copy of the Software on the Product or on a device connected to the Product, solely in connection with the licensed use of the Product.
Section 2. Documentation. You may make and use a reasonable number of copies of any documentation provided with the Software, provided that such copies are used solely for internal business purposes and are not republished or redistributed (in print or electronic form) to any third party.
Section 3. Backup. You may make a reasonable number of copies of the Software for backup and archival purposes.
Section 4. Updates. Any software provided by the Company, on the Company’s website at sudo8.com (the “Website”) or through other channels provided by the Company, intended to update or supplement the original Software is governed by this EULA unless separate license terms accompany such updates or supplements, in which case those separate terms shall govern.
Section 5. License Restrictions. The licenses described in Sections 1, 2, and 3 apply only to the Product or Software you have ordered and paid for, and they describe your entire rights with respect to the Software. The Company reserves all rights not expressly granted to you under this EULA. Without limiting the foregoing, you may not authorize or permit any third party to: (a) use the Software for any purpose unrelated to the Product; (b) sublicense, distribute, rent, lease, lend, assign, transfer, or otherwise dispose of the Software; (c) reverse engineer, decompile, or attempt to derive the source code or any trade secrets of the Software, except to the extent expressly permitted by applicable law; (d) adapt, modify, alter, translate, or create derivative works of the Software; (e) remove, alter, or obscure any copyright or other proprietary notices on the Product; or (f) circumvent or attempt to circumvent any measures used by the Company to control access to the Product or to any component, feature, or function of the Software.
Section 6. Open Source. The Software may include components licensed to the Company under the GNU General Public License (the “GPL Components”), which is available at www.gnu.org/licenses/gpl.html. In the event of a conflict between this EULA and the GPL terms that is necessary to use the GPL Components, the GPL terms shall govern solely with respect to the GPL Components, and you agree to be bound by the GPL when using those components.
Section 7. Ownership. The Software is the valuable property of the Company and its licensors and is protected by copyright law and other intellectual property laws and treaties. The Company and its licensors own all rights and interests in the Software, including but not limited to copyright and other intellectual property rights.
Section 8. Limited Warranty. The Company provides a limited warranty for the Software, namely that during the period required by the laws of your jurisdiction (the “Warranty Period”), the Software will materially conform to the Company’s published specifications (whether in printed documentation or on the Website). If you notify the Company in writing during the Warranty Period of any non-conformance, the Company will, at its sole discretion and using commercially reasonable efforts, either correct the non-conformance or replace the non-conforming Software. The foregoing warranty does not apply to non-conformities caused by: (w) use, reproduction, distribution, or disclosure not in accordance with this EULA; (x) customization, modification, or other alteration of the Software by anyone other than the Company; (y) combination of the Software with any product, service, or item not provided by the Company; or (z) your breach of this EULA.
Section 9. Support. During the period described in Section 8, the Company will provide technical support for the Software. After the Warranty Period expires, you may request technical support in writing, and the Company will provide such support.
Section 10. Disclaimer of Warranties. Except as expressly stated above, the Software is provided by the Company and its suppliers on an “AS IS” and “AS AVAILABLE” basis, with all faults. The Company and its suppliers expressly disclaim all other warranties, express, implied, or statutory, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Company does not warrant that the Software will be free of errors, viruses, or other defects.
Section 11. Disclaimer of Certain Damages. In no event will the Company or its licensors be liable for any incidental, indirect, special, punitive, consequential, or similar damages, including without limitation loss of data, information, revenue, profit, or business, arising out of or related to the use of, or inability to use, the Software, or this EULA, whether based on contract, tort (including negligence), strict liability, or any other legal theory, even if the Company has been advised of the possibility of such damages.
Section 12. Limitation of Liability. The Company’s and its suppliers’ aggregate liability arising out of or related to the use of, or inability to use, the Software or this EULA, regardless of the form of action and the amount of damages, shall not exceed the amount you actually paid for the Product. The foregoing disclaimer of warranties, disclaimer of certain damages, and limitation of liability apply to the maximum extent permitted by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of certain damages; in those jurisdictions, the above exclusions and limitations may not apply to you.
Section 13. Export Restrictions. You acknowledge that the Software is subject to U.S. export regulations. You agree to comply with all applicable laws and regulations governing the Software, including but not limited to the U.S. Export Administration Regulations.
Section 14. Termination. If you fail to comply with the terms and conditions of this Agreement, the Company may terminate this EULA, without prejudice to any other rights. In such event, you must stop using the Software and destroy all copies of the Software and any related components.
Section 15. Assignment. You may not assign or transfer any of your rights under this EULA to any third party, except as part of a transfer of the Product with the Software preinstalled. Any assignment or transfer in violation of this restriction is void.
Section 16. Governing Law. Except where prohibited by local law, and regardless of any conflict-of-laws principles, this EULA is governed by the laws of the country in which the Company is incorporated.
Section 17. Dispute Resolution. Any dispute, controversy, or claim arising out of or in connection with this EULA shall be resolved by arbitration under the arbitration rules and procedures of the country in which the Company is incorporated. The arbitration shall be limited to the dispute between you and the Company. The arbitration, or any portion of it, shall not be consolidated with any other arbitration, nor shall it be conducted as a class action.
Section 18. Severability. If any provision of this EULA is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of this EULA shall remain in full force and effect.
Section 19. Entire Agreement. This EULA constitutes the entire agreement between the Company and you with respect to the Software and the related matters discussed herein, and supersedes all prior and contemporaneous agreements and understandings between the parties (whether written or oral). No amendment, modification, or waiver of any provision of this EULA is valid unless in writing and signed by a party bound by this EULA.