IMPORTANT: THIS IS A LICENSE, NOT A SALE
This Wondershare Software End User License Agreement (Agreement or License or EULA) is between the end user (hereinafter referred to as You or Licensee), and Wondershare Technology Co., Ltd, Wondershare Software Co., Ltd and its subsidiary Wondershare Software (H.K.) Co., LIMITED (collectively referred to as Wondershare, or Licensor), the developer and owner of the program and software (hereinafter referred to as Licensed Software or Wondershare Software or Software).
IMPORTANT: WONDERSHARE'S PRIVACY POLICY EXPLAINS HOW WE COLLECT,TREAT YOUR PERSONAL DATA AND PROTECT YOUR PRIVACY WHEN YOU USE OUR SOFTWARE AND SERVICES. BY USING OUR SOFTWARE AND SERVICES, YOU AGREE THAT WONDERSHARE CAN USE SUCH DATA IN ACCORDANCE WITH OUR PRIVACY POLICY. YOU ALSO AGREE TO BE BOUND BY THE PRIVACY POLICY OR PRIVACY NOTICE PUBLISHED BY WONDERSHARE ON ITS WEBSITE. BY DOWNLOADING, ACCESSING, INSTALLING OR USING THE SOFTWARE, DOCUMENTATION, COLLECTIONS FROM WONDERSHARE EFFECTS STORE (collectively "SOFTWARE"), YOU ALSO AGREE TO BE BOUND BY THE FOLLOWING 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 Article 3, 5, 14, 15, 16, 19. If you disagree with or have any questions concerning this END USER LICENSE AGREEMENT (EULA), please contact Wondershare. 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
TERMS AND CONDITIONS:
1. LICENSED SOFTWARE
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.
2. GRANT OF THE LICENSE
Subject to the terms and conditions of this Agreement, Wondershare hereby grants you (an
individual) the limited, revocable, personal, non-exclusive, and non-transferable right
to download, install and activate the Software on one device solely for your personal,
private and non-commercial use, unless you have purchased a commercial or business
license from Wondershare. 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 Wondershare in advance. Wondershare
reserves all rights not expressly granted to You in this Agreement.
3. LICENSE RESTRICTIONS
4. INSTALLATION
Licensee may install one copy of the Licensed Software on a single device. The Licensee
must be the primary user of the device on which the Licensed Software is installed. This
Agreement shall apply to all installations of the Licensed Software. Installation of the
Licensed Software on two or more devices is prohibited. The Licensee may purchase and
install multiple licenses if Licensee wants to install software on two or more devices.
Licensee shall be solely responsible for all expenses incurred in Licensee's
installation and use of the Licensed Software.
5. SOFTWARE IMPROVEMENT PROGRAM
Wondershare is committed to helping protect your privacy at all times except as
otherwise provided in this Agreement. This statement explains the anonymous data
collection process and usage practices for the Software Improvement Program of
Wondershare.
In order to provide and improve the software, its features, and user's experience, we will automatically collect, maintain, process and use information concerning the way the various modules and functionalities of Wondershare software are being used. Information is also gathered anonymously for the purpose of statistical analysis about Software usage.
We will only use such information for the purpose of providing end users with the best possible software experience. The collected data will not be disclosed, shared, sold, traded or rented to any third parties for marketing purposes. For users who do not wish to enable this service, you may opt-out in the advanced options menu during the installation process.
6. ACTIVATION
The Licensed Software contains technological measures that are designed to prevent its
unlicensed or illegal use. The Licensed Software may contain enforcement technology that
limits Licensee's ability to install and uninstall the Licensed Software on a machine to
no more than a finite number of times, for a finite number of devices and for a defined
period in time designated by the purchased License. The Licensed Software may require
activation during installation and in the Documentation. If any of such applicable
activation procedure(s) is not followed, the Licensed Software may only operate for a
finite period of time. If activation is required, but the Licensee doesn't complete
activation within the finite period of time set forth in the Documentation or explained
during installation, the Licensed Software will cease to function until activation has
been completed, by which time functionality will be restored. If Licensee has any
problem with the activation process, Licensee may contact the Licensor customer service
for support.
7. EVALUATION COPY
Licensee may be granted an evaluation copy of the Licensed Software free of charge for a
finite period of time (the "Evaluation Copy"). Certain features and/or functionality of
the Licensed Software may be locked or unavailable in the Evaluation Copy. In order to
benefit from all features and functionality of the Licensed Software, Licensee have to
purchase a valid license activation key. From the moment that Licensee activates
Licensed Software with a valid license key, the Evaluation Copy shall cease from being
considered an Evaluation Copy and all the terms of this Agreement shall commence to
apply in their entirety.
8. TERM
There are several kinds of License which Licensee may choose to purchase. If the
Licensee choose to purchase a lifetime license, you may use it until terminated. If you
choose to purchase a license for a specific period of time, you can only use it during
the specific period. You may terminate the license at any time by destroying the
Software, together with all copies thereof. The License will be terminated automatically
or otherwise cease to be effective if you fail to comply with any term(s) or
condition(s) of this Agreement. You shall destroy and cease using the Software, together
with all copies thereof immediately after the termination of the License.
9. LICENSE TRANSFER
Licensee may not rent, lease, lend, sell, assign, sub-license, redistribute or transfer
the Licensed Software or the License granted by this EULA without prior written consent
of the Licensor.
10. SOFTWARE UPDATES
Licensor may provide Licensee with Software Updates and/or Content Updates from time to
time at no charge during the Term of this Agreement. The Licensor may, at its sole
discretion, decide if Licensee can get Software Updates and/or Content Updates free of
charge or the Licensee has to pay for the Updates. For the purposes hereof, "Update"
means a new version of the Licensed Software containing technical modifications, updated
information, altered functionality, or any other changes that are intended by Licensor
to improve or to add, delete or otherwise modify any aspect of the Licensed Software.
"Content Update" shall mean an update of the content used by the Licensed Software that
might need to be updated from time to time. If the Licensed Software is an Update to a
previous version, Licensee must possess a valid License to the previous version. Any
update provided by the Licensor to Licensee is made on a License exchange basis such
that Licensee agrees, as a precondition for receiving an Update, that Licensee will
terminate all of Licensee's rights to use any previous version of the Licensed Software.
However, Licensee may continue to use the previous version only to assist in
transitioning to the Updated version. Once an Update has been released, the Licensor may
cease service or support for prior versions, without any notice to Licensee. Software
Updates and/or Content Updates may be provided via the Licensed Software or on the
Licensor websites. This License does not permit Licensee to obtain and use a Software
Upgrade and/or a new Licensed Software version. The Licensed Software may require
Content Updates in order to work effectively. The Licensor may add new functions, music
track, elements, pictures, videos, or delete original functions, music track, elements,
pictures, and videos in the Update Software or Upgrade Software.
11. INTELLECTUAL PROPERTY OWNERSHIP
The Licensed Software and any authorized copies that Licensee makes are the intellectual
property of, and are owned by, the Licensor, and by third parties whose intellectual
property has been licensed to the Licensor. The structure, organization, and code of the
Licensed Software are the valuable trade secrets and confidential information of the
Licensor and such third parties. The Licensed Software is protected by law, including
without limitation, the copyright laws of the People's Republic of China and the United
States and other countries, and by international treaty provisions. Except as expressly
provided in this EULA, Licensee is not granted any intellectual property rights over the
Licensed Software. Licensee may not make or publish any public statement concerning the
Licensed Software or the Licensor without the prior express written consent of the
Licensor.
12. SUPPORT
The Licensor is not obligated by this EULA to provide Licensee with any technical
support services relating to the Licensed Software; however, Licensee may request
additional support services for an additional charge or get free e-mail support as the
Licensor may offer from time to time during the term of this EULA. E-mail support
includes business priority technical assistance for installation and troubleshooting,
and upgrade and maintenance coverage.
13. TERMINATION BY WONDERSHARE
Subject to the terms and conditions stipulated in Article 8, Wondershare shall be
entitled to terminate this EULA effective 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 Wondershare. 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.
14. NO WARRANTY ON LICENSED SOFTWARE
THE LICENSED SOFTWARE IS PROVIDED TO LICENSEE "AS IS." THE LICENSOR, AND THE LICENSOR
SUPPLIERS, AFFILIATES, AGENTS, EMPLOYEES MAKE NO WARRANTY AS TO ITS USE OR PERFORMANCE.
THE LICENSOR, AND THE LICENSOR AFFILIATES, MAKE NO WARRANTIES, CONDITIONS,
REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM,
USAGE, OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION TO NON-INFRINGEMENT
OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS
FOR ANY PARTICULAR PURPOSE, EXCEPT FOR, AND TO THE EXTENT, THAT A WARRANTY MAY NOT BE
EXCLUDED OR LIMITED BY APPLICABLE LAW IN LICENSEE'S JURISDICTION.
YOU EXPRESSSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF WONDERSHARE SOFTWARE IS AT YOUR SOLE RISK, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY IS WITH YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WONDERSHARE OR AN AUTHORIZED REPRESENTATIVE SHALL CREAT WARRANTY.
THE SOFTWARE MAY CONTAIN "OPEN SOURCE" MATERIALS (E.G., ANY SOFTWARE SUBJECT TO OPEN SOURCE, COPYLEFT, GNU GENERAL PUBLIC LICENSE, LIBRARY GENERAL PUBLIC LICENSE, LESSER GENERAL PUBLIC LICENSE, MOZILLA LICENSE, BERKELEY SOFTWARE DISTRIBUTION LICENSE, OPEN SOURCE INITIATIVE LICENSE, MIT, APACHE OR PUBLIC DOMAIN LICENSES, OR SIMILAR LICENSE). WONDERSHARE MAKES NO WARRANTIES WITH RESPECT TO OPEN SOURCE MATERIALS CONTAINED IN THE SOFTWARE. THESE EULA'S PROVISIONS ON RESTRISTION OF LIABILITY SHALL APPLY.
15. 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 WONDERSHARE MAY BE LIABLE, THE LICENSEE WILL MAKE PROMPT AND REASONABLE EFFORTS TO STOP USING AND DELETE THE SOFTWARE UPON RECEIVING THE COMPANY'S WRITTEN NOTICE (INCLUDING BY EMAIL), WONDERSHARE MAY PROVIDE LICENSEE WITH A REPLACEMENT OR UPDATED OR MODIFIED SOFTWARE FREE OF CHARGE. IN SUCH CIRCUMSTANCE, WONDERSHARE SHALL NOT BEAR OTHER LIABILITIES TO YOU.
16. INDEMNIFICATION
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.
17. END-USER GENERATED CONTENT
The Licensed Software enables the Licensee to enter content that will be stored on the
device on which the Licensed Software is installed (such content shall be referred to
herein as the "End-User Generated Content"). Licensee is solely responsible for
Licensee's use, storage and disclosure of the End-User Generated Content. Licensee may
only use the End-User Generated Content responsibly, in a manner consistent with the
exercise of good judgment. The Licensed Software may permit the Licensee to enter, copy,
edit Content that constitutes non-public personal information of individuals other than
the Licensee; the Licensee shall not use, store or disclose any such information without
the express consent of the individuals to whom it relates. If Licensee is having
difficulty deciding whether Licensee's intended use is appropriate, or whether Licensee
needs written permission, or whether other legal issues should be considered, the
Licensor strongly encourages Licensee to seek competent legal counsel. The Licensor will
not assist Licensee in making this determination, nor can the Licensor provide Licensee
with legal advice as to intellectual property rights or privacy laws.
Licensee may only use End-User Generated Content which belongs to Licensee and will not violate the rights of others therein. The Licensor will not edit or monitor any and all Content; Licensee therefore assumes exclusive responsibility for the monitoring thereof. Licensee may not use the Licensed Software in conjunction with content that is illegal, obscene, indecent, defamatory, incites racial or ethnic hatred or violates the rights of others, or is in any other way objectionable.
Licensee is responsible for independently verifying the accuracy and completeness of Licensee's contents (e.g. any technical illustrations or diagrams for operation guides, parts catalogs, schematics, writing diagrams, assembly instructions, maintenance manuals, architectural presentations or other materials You create and/or modify using Our Software).
Licensee may only use End-User Generated Content which belongs to Licensee and will not violate the rights of others therein. The Licensor will not edit or monitor any and all Content; Licensee therefore assumes exclusive responsibility for the monitoring thereof. Licensee may not use the Licensed Software in conjunction with content that is illegal, obscene, indecent, defamatory, incites racial or ethnic hatred or violates the rights of others, or is in any other way objectionable.
If Licensee or Licensee's attorney determines that Licensee is required by law to obtain written permission to use portions of the End-User Generated Content, Licensee must request permission for reproduction, redistribution, or modification of the Content from the appropriate owner of the subject materials (as may be cited in the Licensed Software). If, on the other hand, Licensee or Licensee's attorney determines it is permissible to proceed and include End-user Generated Content from the Licensed Software, the Licensor asks Licensee to correctly designate the Licensor trademark(s) when referring to the Licensed software in the notice or copyright portion of Licensee's paper, project, or product. Licensee shall indemnity, hold harmless, and defend the Licensor and the Licensor suppliers from all claims, damages, attorneys' fees, costs, and lawsuits that arise from, or result from, Licensee's use or distribution of any and all Content and its use of the Licensed Software.
18. EXPORT RESTRICTIONS
You may not use or otherwise export or re-export the licensed software to any countries
or territories sanctioned by the United Nations or the USA. By using the licensed
software, you represent and warrant that you are not located in any such countries.
19. LICENSEE PUBLICITY RIGHTS
Should the Licensee come to be or already be included in product promotional material, as a result of any prior purchases where the Licensee did not request exclusion from product promotional material, the Licensee can at any point in time, submit a written request via email to support@wondershare.com to have Wondershare remove the Licensee's name and other information from product promotiona material. Upon receipt of such request, Wondershare will remove any reference to the Licensee from such promotional material within 30 days and make no further reference to the Licensee.
20. GOVERNING LAW AND DISPUTE RESOLUTION
This agreement will be governed by the laws of the People's Republic of China without
giving effect to the conflict of laws. Any disputes arising out of or in connection with
this agreement shall be settled by the Shenzhen Court of International Arbitration in
according with its effective rules to the extent not prohibited by local law in your
jurisdiction.
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.
ADDITIONAL EULA TERMS (FILMORA)
This Additional EULA shall apply to Filmora (hereinafter referred to as Filmora)and
Filmora Effects Store (collectively referred to as the Software). this Additional EULA
shall not apply to other Wondershare software products except as otherwise provided by
Wondershare.
IMPORTANT: This Additional EULA is part of "Wondershare Software END USER LICENSE
AGREEMENT". By installing the Software, the End User (hereinafter referred to as you or
the End User or Licensee) is agreeing to be bound by this Additional EULA , together
with all the terms and conditions of "Wondershare Software END USER LICENSE AGREEMENT" .
1. GRANT OF LICENSE
Subject to the terms and conditions of this Agreement, Wondershare hereby grants you (an
individual) the limited, revocable, personal, non-exclusive, and non-transferable right
to download, install and activate the Software on one device solely for your personal,
private and non-commercial use, unless you have purchased a commercial or business
license from Wondershare.
Wondershare has launched a Business Plan for End Users who want to use Filmora for Commercial purpose. Licensee who have bought a Business Plan are granted to use FILMORA to edit their commercial videos. Licensee who have bought a Business Plan are also granted to use the effects (exclude music tracks) from effects store in their commercial videos within Filmora software/app environment provided that the effect packs on the website indicate commercial use are allowed. LICENSEE shall follow all the instructions on the EFFECTS STORE WEBSITE (IF ANY). However, Wondershare reserves all rights not expressly granted to You in this Agreement.
2. COPYRIGHT
The Software and any authorized copies that Licensee makes are the intellectual property
of, and are owned by, the Licensor, and by third parties whose intellectual property has
been licensed to the Licensor. The structure, organization, and code of the Software are
the valuable trade secrets and confidential information of the Licensor and such third
parties. The Software is protected by law, including without limitation, the copyright
laws of China and the United States and other countries, and by international treaty
provisions. Except as expressly provided in this EULA, Licensee is not granted any
intellectual property rights over the Software. Licensee may not make or publish any
public statement concerning the Software or the Licensor without the prior express
written consent of the Licensor.
USE OF MUSIC TRACKS
To use the Software, Licensee must lawfully acquire the Software from Licensor, or
licensor's authorized resellers. Licensee can only purchase and/or download the Software
from Wondershare's or its authorized reseller's store, eStore, etc. Licensee is allowed
to use the Master Recording(s) and Composition(s) (Licensor may publish the list of the
Master Recording(s) and Composition(s) on the introduction page of Flimora) for personal
and non-commercial video within Wondershare(s) software/app environment. However,
Wondershare may, at its sole discretion, update the list of music tracks from time to
time, which include adding new music tracks and deleting the music tracks.Licensee
who have bought a Business Plan shall not use music tracks built in Filmora or
music tracks from the effects store for commercial purpose or in any other manner
not provided in the EULA, unless the effect packs on the website indicate commercial
use are allowed.
3. LIMITATION ON USE
Licensee may not and agrees not to or enable others to modify, adapt, translate, sublicense, rent, lease, distribute or loan all or any portion of the Software or Documentation; and
4. COVER CD.
The reproduction and distribution of 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 Wondershare.
5. TERM
There are several kinds of License which Licensee may choose to purchase. If the
Licensee choose to purchase a lifetime license, you may use it until terminated. If you
choose to purchase a license for a specific period of time, you can only use it during
the specific period. You may terminate the license at any time by destroying the
Software, together with all copies thereof. The License will be terminated automatically
or otherwise cease to be effective if you fail to comply with any term(s) or
condition(s) of this Agreement. You shall destroy and cease using the Software, together
with all copies thereof immediately after the termination of the License.
6. 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 SOFTWARE, IF ANY.
IF THE SOFTWARE IS SUBJECT TO A THREATENED, POTENTIAL OR ACTUAL CLAIM OF INFRINGEMENT OF ANOTHER'S RIGHT FOR WHICH WONDERSHARE MAY BE LIABLE, THE LICENSEE WILL MAKE PROMPT AND REASONABLE EFFORTS TO STOP USING THE SOFTWARE UPON RECEIVING THE COMPANY'S WRITTEN NOTICE (INCLUDING BY EMAIL), WONDERSHARE MAY PROVIDE LICENSEE WITH A REPLACEMENT OR UPDATED OR MODIFIED SOFTWARE FREE OF CHARGE. IN SUCH CIRCUMSTANCE, WONDERSHARE SHALL NOT BEAR OTHER LIABILITIES TO YOU.
If there is any conflict between this Additional EULA Terms and the "Wondershare Software END USER LICENSE AGREEMENT", this Additional EULA shall prevail.
ADDITIONAL EULA TERMS (DR.FONE, TUNESGO, DATA RECOVERY)
This Additional EULA Terms shall apply to dr.fone, TunesGo, and Data Recovery
(collectively referred to as Software). this Additional EULA shall not apply to other
Wondershare software products except as otherwise provided by Wondershare.
IMPORTANT: This Additional EULA Terms is part of "Wondershare Software END USER LICENSE
AGREEMENT". By installing the Software, the End User (hereinafter referred to as you or
the End User) is agreeing to be bound by this Additional EULA Terms, together with all
the terms and conditions of "Wondershare Software END USER LICENSE AGREEMENT" .
1. GRANT OF LICENSE
This EULA grants you the following rights with respect to the SOFTWARE:
Wondershare hereby grants you a revocable, personal, non-exclusive and nontransferable
license to install and activate the Software on only one device(including but not
limited to computer, cellphone, tablet computer, etc) for your personal and
non-commercial use unless you have bought a commercial or business license. You may not
make the Software available on a network, or in any way provide the Software to multiple
users, unless you have first purchased at least a Business license or a Multi-users
license from Wondershare. For Business License, you must provide the Software to
multiple users according to the number of pieces you choose to buy at the time of
purchase.
Wondershare have the right to stipulate a different restriction about the number of
device Software can be installed on in the product description at the time of purchase.
2. LIMITATION OF USE
The trial license has fewer functions compared with personal license and business
license, and can only be used for a specific period of time. After such period, you must
purchase a personal license or business license if you want to continue to use. If you
have bought a Personal License, you are restricted from using this Software for
commercial or financial gain, including but not limited to, performing technical or
consulting services.
If you are a service provider or managed service provider ( collectively, "MSP") that
provides software and systems management services, you must buy a Business License
rather than a Personal License. And you may, subject to the terms and conditions of this
EULA, use the Software in the performance of the foregoing services. Deployment for the
purposes of servicing multiple customers concurrently per Software license is permitted
only with a Commercial license. MSP may not permit their customers to access and/or use
the Software directly, either via a hosted software solution or a hosted or leased
hardware solution.
If you contract with a third party to perform services such as network management,
monitoring, implementation, consulting or other outsourcing services for you (the
"Consultant"), the Consultant may use the Software licensed by you solely for your
benefit in the performance of such contract, provided, however, that you ensure that the
Consultant uses the Software in accordance with the terms of this EULA. Notwithstanding
the foregoing, the Consultant is not authorized under your license to use the Software
for its own internal business use.
3. PROTECTION OF PRIVACY
Wondershare 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, Wondershare will disclose your personal information
based on your will or the laws. You will be responsible for the resulting problems.
4. TERM OF LICENSE
The purchase of a license gives the End User the right to use the Software for a
specific period of time or lifetime, which is decided by the license period you choose
to buy.
5. COPYRIGHT
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
Wondershare or 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.
6. DISCLAIMER OF WARRANTY
WONDERSHARE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND
AGREE THAT YOU HAD FULL OPPORTUNITY TO TEST THE SOFTWARE BEFORE ANY LIVE, PUBLIC OR
PRODUCTION USE, SO THAT YOU ASSUME FULL RESPONSIBILITY FOR SELECTING AND USING SOFTWARE,
AND THAT IF YOU USE SOFTWARE IMPROPERLY OR AGAINST INSTRUCTIONS, YOU MAY CAUSE DAMAGE TO
YOUR COMPUTER, CELLPHONE, TABLET COMPUTER, OTHER FACILITIES AND FACILITY SYSTEM. THE
ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SOFTWARE IS BORNE BY YOU. THIS
DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. Some
jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not
apply to you and you may have other legal rights that vary by jurisdiction.
7. MISCELLANEOUS
WONDERSHARE 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.
Adolescents may not use the services provided by Wondershare to browse the content of
any illegal, obscene, pornographic and other violations of public order and morals.
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 Wondershare for any reason, please write to us.
If there is any conflict between this Additional EULA Terms and the "Wondershare
Software END USER LICENSE AGREEMENT" this Additional EULA terms shall prevail.