END USER LICENSE AGREEMENT
PLEASE READ THIS END USER LICENSE AGREEMENT ("EULA") CAREFULLY. BY CLICKING "I AGREE" OR TAKING ANY STEP TO DOWNLOAD, SET-UP, INSTALL OR USE ALL OR ANY PORTION OF THIS PRODUCT (INCLUDING, BUT NOT LIMITED TO, THE SOFTWARE AND ASSOCIATED FILES (THE "SOFTWARE"), HARDWARE ("HARDWARE"), DISK(S), CD-ROMS, OR OTHER MEDIA) (COLLECTIVELY, THE "PRODUCT") YOU AND YOUR COMPANY ACCEPT ALL THE TERMS AND CONDITIONS OF THIS EULA. The term "Software" excludes certain open source software programs AND COMPONENTS aggregated with the Software. IF YOU ACQUIRE THE PRODUCT FOR YOUR COMPANY'S USE, YOU REPRESENT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE WHO HAS THE AUTHORITY TO LEGALLY BIND YOUR COMPANY TO THIS EULA. IF YOU DO NOT AGREE, DO NOT CLICK "I AGREE" AND DO NOT DOWNLOAD, SET-UP, INSTALL OR USE THE SOFTWARE.
1. Ownership. Fuzhou kaopu Network Co.,Ltd own all right, title, and interest in and to the KOPLAYER Software, including all intellectual property rights therein. The Software is licensed, not sold. The structure, organization, and code of the Software are the valuable trade secrets and confidential information of Kaopu and its suppliers. The Software is protected by copyright and other intellectual property laws and treaties, including, without limitation, the copyright laws of the Chinese and other countries.
2. Product License. Subject to your compliance with the terms of this EULA, Kaopu grants you to install and use KOPLAYER product residing on your premises. Except as expressly stated herein, this EULA does not grant you any intellectual property rights in the Product. Kaopu and its suppliers reserve all rights not expressly granted to you. There are no implied rights.
2.1 Software. You are also permitted to install the KOPLAYER in your device. You may not alter or modify the Software or create a new installer for the Software.
3. Restrictions. You are not entitled to do any of the following:
a. Create derivative works based on the Product or any part or component thereof, including, but not limited to, the Software;
b. Reproduce the Product, in whole or in part;
c. Except as expressly authorized by Section 10 below, sell, assign, license, disclose, or otherwise transfer or make available the Product, in whole or in part, to any third party;
d. Alter, translate, decompile, or attempt to reverse engineer the Product or any part of component thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this contractual prohibition;
e. Use the Product to provide services to third parties; or
f. Remove or alter any proprietary notices or marks on the Product.
4. Updates. If you receive an update or an upgrade to, or a new version of, any Software ("Update") you must possess a valid license to the previous version in order to use the Update. All Updates provided to you shall be subject to the terms and conditions of this EULA. If you receive an Update, you may continue to use the previous version(s) of the Software in your possession, custody or control. Kaopu shall have no obligation support the previous versions of the Software upon availability of an Update. Kaopu has no obligation to provide support, maintenance, Updates, or modifications under this EULA.
5. NO WARRANTY. THE PRODUCT IS OFFERED ON AN "AS-IS" BASIS AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. KAOPU AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
6. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KAOPU OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT OR ANY PART OR COMPONENT THEREOF OR RELATED SERVICE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THE EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF KAOPU OR ITS SUPPLIERS, AND EVEN IF KAOPU OR ITS SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR ANY REMEDY.
7. LIMITATION OF LIABILITY. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER, THE ENTIRE LIABILITY OF KAOPU AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER SHALL BE LIMITED TO, AND IN NO EVENT WILL KAOPU OR ITS SUPPLIERS TOTAL CUMULATIVE DAMAGES EXCEED, THE FEES PAID BY YOU TO KAOPU FOR THE PRODUCT.
8. Indemnification. By accepting the EULA, you agree to indemnify and otherwise hold harmless Kaopu, its officers, employee, agents, subsidiaries, affiliates, and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the Product or any other matter relating to the Product.
9. International Trade Compliance. The Software and any related technical data made available for download under this EULA is subject to the customs and export control laws and regulations of the China and may also be subject to the customs and export laws and regulations of the country in which the download is contemplated.
10. General. This EULA between you and Kaopu is governed by and construed in accordance with the laws of the China without regard to conflict of laws principles. The EULA constitutes the entire agreement between Kaopu and you relating to the Product and governs your use of the Product, superseding any prior agreement between you and Kaopu relating to the subject matter hereof.