This End User License Agreement (Agreement or License or EULA) is between the end user(hereinafter referred to as You or Licensee), and OpenMyIcloud software, the developer and owner of the program and software (hereinafter referred to as Software).
IMPORTANT: BY DOWNLOADING, ACCESSING, INSTALLING, OR USING THE SOFTWARE, AND DOCUMENTATION, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Please read this agreement carefully before downloading or installing the software. Top attention should be paid to such clauses including but not limited to Articles 4, 8, 9, 10 in special font. If you disagree with or have any questions concerning this END USER LICENSE AGREEMENT (EULA), please contact OpenMyIcloud software. Any installing, copying, accessing, or using the Licensed Software by you (the “Licensee”) constitutes an acceptance of, and a promise to comply with, all the terms and conditions of this EULA.
1. LICENSED SOFTWARE
Licensed software includes but is not limited to all the products whose name contains OpenMyIcloud software.
2. GRANT OF LICENSE
Subject to the terms and conditions of this Agreement, OpenMyIcloud hereby grants you (an individual) the limited, revocable, personal, non-exclusive, and non-transferable right to download, install and activate the Software on two separated computers solely for your personal, private and non-commercial use, unless you have purchased a commercial license from OpenMyIcloud. Sharing the Software with others, or allowing others to view the contents of this Software, is in violation of the License. You may not make the Software available over a network, or in any way provide the Software to multiple users, unless you have purchased a multi-user license from OpenMyIcloud in advance.OpenMyIcloud reserves all rights not expressly granted to You in this Agreement.
All title and copyrights in and to the SOFTWARE(including but not limited to any images, photographs, animations, video, audio, music, and text incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE are owned by OpenMyIcloudor its suppliers. The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material, and may not remove or conceal any proprietary notices, labels or marks from the Software.
4. RESTRICTIONS ON USE
LICENSEE CAN ONLY USE THE SOFTWARE TO DOWNLOAD VIDEOS, MUSIC, EFFECTS, AND OTHER FILES WHICH YOU MUST HAVE LAWFUL RIGHTS TO USE OR HAVE LICENSE IN, AND THE LICENSE TO SUCH FILES SHALL MATCH THE WAY YOU USE. OpenMyIcloud DOESN’T GUARANTEE TO YOU ANY AUTHORIZED USE OR LICENSE IN THE FILES.
Licensee may not and agrees not to or enable others to modify, adapt, translate, sublicense, rent, lease, or loan all or any portion of the Licensed Software or Documentation; and
Licensee may not and agrees not to or enable others to create any derivative works from all or any portion of the Licensed Software or Documentation; and Licensee may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Licensed Software; and
Licensee may not and agrees not to or enable others to use a previous version of the Licensed Software after receiving a media replacement or upgraded version as a replacement to a prior version (in such case Licensee must destroy the prior version); and
Licensee may not and agrees not to or enable others to remove or obscure Licensor’s copyright or trademark notices, or the copyright and trademark notices of any third parties that Licensor has included in the Licensed Software or Documentation; and
Licensee may not and agrees not to or enable others to use the Licensed Software to host applications for third parties, as part of a facility management, service provider, or service bureau arrangement; and
Licensee may not and agrees not to or enable others to use the Licensed Software in any manner that is illegal or not authorized by this EULA;
5. COVER CD
The reproduction and distribution of OpenMyIcloud Software (evaluation copy only) in various Cover CDs published by associated magazines are allowed. However a copy of magazine with CD is required to be sent to OpenMyIcloud.
6. PROTECTION OF PRIVACY
OpenMyIcloud respects and protects your privacy, and will not share, sell, use or disclose your personal information to any third-parties, unless your written agreement under related law and regulation.
Under the following conditions,OpenMyIcloud will disclose your personal information based on your will or the laws. You will be responsible for the resulting problems.
1. Obtain your prior authorization;
2. Reveal your personal information to offer products and services requested by you;
3. According to relevant laws, regulations or requirements of the relevant government agencies;
4. To protect OpenMyIcloud’s legal rights and interests;
5. You violate the provisions of the EULA;
This Agreement is effective until terminated. You may terminate it at any time by destroying the Software, together with all copies thereof. OpenMyIcloud shall be entitled to terminate this EULA immediately upon serving written notice on the Licensee in the following circumstances; if Licensee commits a material breach of any of its obligations under this EULA which is not capable of remedy or if Licensee commits a material breach of any of its obligations under this EULA which is not remedied within fifteen (15) calendar days after receipt of a notice from OpenMyIcloud. Termination of this EULA shall not affect any rights, obligations or liabilities of either party which have accrued before termination or which are intended to continue to have effect after termination.
8. NO OTHER WARRANTIES.
OpenMyIcloud DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. OpenMyIcloud DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND OpenMyIcloud HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. OpenMyIcloud DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OpenMyIcloudSHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY
IN NO EVENT WILL THE LICENSOR, OR THE LICENSOR’S AFFILIATES, ITS EMPLOYEES, AGENTS BE LIABLE FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER, OR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL DAMAGES, OR ANY LOSS OF PROFITS OR SAVINGS, EVEN IF A REPRESENTATIVE OF THE LICENSOR OR ONE OF THE LICENSOR’S AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THESE LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN LICENSEE’S JURISDICTION. THE AGGREGATE LIABILITY OF THE LICENSOR, AND THE LICENSOR AFFILIATES, ITS EMPLOYEES, AGENTS UNDER OR IN CONNECTION WITH THIS EULA, SHALL BE LIMITED TO THE FEES LICENSEE HAS PAID FOR THE LICENSED SOFTWARE, IF ANY.
IF THE SOFTWARE IS SUBJECT TO A THREATENED, POTENTIAL OR ACTUAL CLAIM OF INFRINGEMENT OF ANOTHER’S RIGHT FOR WHICH LICENSOR MAY BE LIABLE, THE LICENSEE WILL MAKE PROMPT AND REASONABLE EFFORTS TO STOP USING AND DELETE THE SOFTWARE UPON RECEIVING THE LICENSOR’S WRITTEN NOTICE (INCLUDING BY EMAIL), LICENSOR MAY PROVIDE LICENSEE WITH A REPLACEMENT OR UPDATED OR MODIFIED SOFTWARE FREE OF CHARGE. IN SUCH CIRCUMSTANCE, LICENSOR SHALL NOT BEAR OTHER LIABILITIES TO YOU.
LICENSEE WILL INDEMNIFY AND HOLD LICENSOR HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, LIABILITIES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING ATTORNEY’S FEES) ARISING FROM OR RELATING TO LICENSEE’S ILLEGAL OR IMPROPER USES OF THE LICENSED SOFTWARE FROM ANY THIRD PARTY. LICENSEE’S OBLIGATIONS UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT.
In the event of invalidity of any provision of this EULA, the parties agree that such invalidity shall not affect the validity of the remaining portions of this EULA.
OpenMyIcloud does not allow you to utilize our SOFTWARE to do anything that violates the local law or infringe any party’s rights or intellectual property. If you utilize our SOFTWARE to do the illegal activity or infringe other’s rights, the consequent result shall be on your own responsibility. If you disagree with this item, please don’t install and/or use the SOFTWARE.
To the maximum extent permitted by law, the final interpretation is left to our discretion. Should you have any questions concerning this EULA, or if you desire to contact us for any reason, please write to us.
Either party’s failure to exercise any of its rights or responsibilities shall not constitute or be deemed to be a waiver or forfeiture of any such rights. If for any reason a court of a competent jurisdiction finds any provision or portion thereof, to be unenforceable, illegal, the remainder of this agreement shall continue in full force and effect. If there is any conflict between this Agreement and the mandatory provision of any law in Licensee’s jurisdiction, the latter shall prevail.
This agreement shall be governed by the Law of People’s Republic of China. Any disagreements arising from this agreement shall be consulted, if not, any party can attribute on China International Economic and Trade Arbitration Commission, South China Sub for the final Arbitration.
OpenMyIcloud may update this agreement from time to time, you are considered to accept such update if you keep using the Software. If you can not accept the updated agreement, you may choose to terminate this agreement. Under such circumstance, OpenMyIcloud will not bear any liabilities or expenses to you.
ACKNOWLEDGMENT BY INSTALLING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FORE GOING AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSED OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE LICENSE DESCRIBED HEREIN.