End User License Agreement
Glodon End User License Agreement (hereinafter referred to as "this Agreement") is made by and between you (if you legally hold a genuine Glodon software product) and Glodon Software Co., Ltd. (hereinafter referred to as "Glodon") on the software products attached to this Agreement. The software products include the computer software and related media, printing materials, electronic files and Internet-based services (hereinafter referred to as "Software Product").
Once you install, copy or use the Software Product in other ways, we assume that you have agreed to all terms and conditions specified in this Agreement. If you disagree with the terms of this Agreement, please do not install, copy or use the Software Product.
This Agreement includes:
1. Product use rights licensing;
2. Services and support;
3. Limitations on rights;
4. Limitation of liability;
5. Notice on certain features and alert requiring you to pay attention to such notice;
6. Customer Experience Improvement Program.
I Product Use Rights Licensing
1. Glodon only grants you the non-exclusive use rights of the Software Product, exclusive of the transfer of copyright and other rights.
2. Only install, use, display and run (隆掳run隆卤) a y of the Software Product on one computer.
3. Without the licensing of Glodon, anyone shall not install the Software Product on other terminal devices that are not expressly permitted by Glodon.
II Services and Support
1. Based on the legal agreement made by and between you and Glodon's distributor or other documents (e.g. User Guide) of Glodon related to the Software Product, Glodon's distributor will provide you with services, training, etc. related to the Software Product. This Agreement does not specify relevant terms for other Glodon services involved in using the Software Product. Generally, there are separate terms specified for these services. You shall learn and confirm them when using relevant services. If the separate service terms conflict with this Agreement, the former shall prevail. If you use these services, it is assumed that you accept the relevant terms of service.
When you purchase ("Purchase" only refers to obtaining the use licensing of the Software Product from Glodon, and doesn't constitute the transfer of any intellectual property rights) the Software Product, Glodon's distributor will notify you the detailed contact information. You can contact the distributor by it for after-sales maintenance and product update services. The contents and charging standards of detailed after-sales maintenance and product update services are subject to the specific agreement made by and between you and Glodon's distributor and unrelated to Glodon. Glodon will not take any responsibility for any agreement made by and between you and the distributor. If any other legal written agreement is made by and between you and Glodon's subsidiaries or branches, you are entitled to enjoy after-sales maintenance and product update services hereunder.
2. Glodon reserves the right to provide you with the alternate or modified version of the Software Product, or upgrade the Software Product at any time, as well as charge for such replacement, modification or upgrade.
3. When offering services and upgrade, Glodon may update and supplement the product components. This Agreement shall apply to the above-mentioned components and the upgraded product unless otherwise specified.
4. If Glodon or the distributor provides you with any upgraded version (or alternate/modified version) of the Software Product, you will not be licensed to use all previous versions of the Software Product any longer.
III Limitations on Rights
The copyright of the Software Product is reserved by Glodon, and Glodon has registered the copyright at the Copyright Protection Center of China, and obtained the Computer Software Copyright Registration Certificate. Glodon owns all legitimate rights under the Copyright Law of the People's Republic of China and all other Chinese laws in force, including but not limited to: (1) the right of publication; (2) the right of authorship; (3) the right of revision; (4) the right of reproduction; (5) the right of distribution; (6) the right of rental; (7) the right of communication through information network; (8) the right of translation; (9) other rights enjoyed by the software copyright owner.
Accordingly, you are required:
1. Not to use, reproduce, revise, rent, lease, lend or transfer the Software Product or any part of it beyond the terms and conditions of this Agreement.
2. Only to use an official version of the Software Product on one computer through Glodon dongle; the Software License shall not be used together or simultaneously on different computers.
3. Not to use the Software Product on multi-user environment or network systems, unless obtaining express written permission from Glodon, or that all nodes and terminals using the Software Product have purchased use licenses separately.
4. Not to reverse engineering, decompile or disassemble the Software Product.
5. To attach trademark symbol and copyright symbol identical with those on the original version to all copies of the Software Product.
6. Not to engage in the behavior that may infringe the copyright of the Software Product or other legitimate rights and interests of Glodon.
As the copyright owner of the Software Product, we would like to remind you in good faith that any behavior in violation of this Agreement will result in liabilities to be borne by you, including but not limited to the loss of the right to ask for provision of services for any Software Product that you hold, cessation of infringement, elimination of ill effects, apology and compensation for losses, etc.
IV Limitation of Liability
We will make every possible effort to guarantee your all legitimate rights and interests based on the Software Product you hold legally, but:
1. Glodon has passed the ISO9000 Quality Certification, and the Software Product has obtained the Computer Software Copyright Registration Certificate issued by the National Copyright Administration of the People's Republic of China and the Software Product Registration Certificate issued by the Beijing Municipal Science & Technology Commission, and therefore conforms to the quality standards of the state. Nevertheless, due to the restriction of the particularity of the Software Product and software development technology, Glodon will only remedy any damage arising from the defects and defaults of the Software Product through the provision of alternates, patches or other means, and will not assume any other liabilities.
2. In any case, Glodon will not assume any liability for losses arising from the use or failure to use the Software Product (including but not limited to damages resulting from loss of profits, operation interruption, loss of business information or business materials, negligence, any financial loss or other losses), even if Glodon is informed of the possibility of such damages in advance. Even if the remedial measures fail to achieve the desired effect, this indemnity exclusion clause will remain in effect.
Under any circumstances, all liabilities of Glodon under any term and condition in this Agreement are only limited to the amount paid by you for the Software Product. The above restrictions are not applicable to any liability specified in the applicable laws that shall not be excluded or restricted.
3. Glodon will not assume any legal liability for any consequence arising from the use of the Software Product without the license of our company, and reserves the right to take legal action to investigate the legal liability on anyone that infringes on the copyright and other rights of our company in any manner.
V Notice on Certain Features and Alert Requiring You to Pay Attention to Such Notice
1. You shall provide legal, safe, compatible and applicable software and hardware configuration for the installation and use of the Software Product. You will bear any loss arising from the failure to provide the above-mentioned software and hardware configuration (including but not limited to such consequences as data corruption caused by unexpected blackouts or viruses).
2. Glodon is committed to offering users the Software Product with enhanced functions. You should contact the local distributors or suppliers of Glodon, or the software providers having agreement with you in a timely manner to obtain the upgraded software to replace the old version and stop using the old one when using the Software Product.
3. The software is a computing tool, and the correctness of its computation result depends on the right operation and professional judgment of user. You will bear the losses arising from the failure to make right operation or judgment by yourself.
4. In case that a dispute arises out of ambiguous agreement under a contract between you and a third party, or improper use of the software and technical support, our company, upon your request, will make technical diagnosis and explanation, but will not guarantee to take responsibility.
5. When using the software, the new software version will be optimized for computation, as a result of changes in relevant provisions, industry practice, regular practice and convention, etc. as well as the technological development of the software industry. Therefore, the computation results from different software versions may vary. To avoid the inconvenience and unnecessary losses to you, you are recommended to upgrade the software or take other measures in time according to your own situation and business operation. If the aforesaid computation difference causes a loss, our company will be responsible to correct the computation difference to the extent reasonable, without undertaking any other legal or contractual liabilities.
6. As to certain features not specified in this Agreement, we will notify users in writing, by electronic, instant messaging and other means as needed. Such notice, however, can only target unspecific users and other audience, and the final result thereof cannot be guaranteed. Please pay necessary attention to such notice.
This Agreement is effective until terminated by you or automatically. You can terminate it by destroying the software and documents as well as the copies or merged parts in any form. Besides, it will terminate automatically if you fail to comply with any term(s) of this Agreement. Upon termination of this Agreement, you shall destroy the software, documents as well as all copies or merged parts in any form.
7. This Agreement is subject to the law of the People's Republic of China. Any dispute or claims, arising from or related to this Agreement or the breach of this Agreement, shall be settled by the China International Economic and Trade Arbitration Commission through arbitration in accordance with the latest edition of the China International Economic and Trade Arbitration Commission Arbitration Rules in Beijing. If the intellectual property rights of Glodon are infringed, the aforesaid rule will not restrict Glodon to file a petition to the court with legal jurisdiction for mandatory remedy.
VI Customer Experience Improvement Program
To improve our product quality and provide more innovative and safer services, Glodon Customer Experience Improvement Program (GCEIP) is launched to collect, process, and analyze the data related to user experience. Statistics we collect are only limited to product-related information, and will not involve any of your personal information.
Information we collect includes the number of users using different functions, exceptions, error logs, etc.
The Number of Users Using Different Functions
Why we collect it
To meet users隆炉 new requirements, Glodon continuous introduces new functions and enhances our existing ones. The information on the number of users using different functions helps us make reasonable conclusions to sort out our priorities to develop the, e.g., we are likely to develop Function A and its enhancements by deploying more R&D engineers if we find more users use Function A over Function B.
How and when we collect it
When you use a specific function, its name and unique identifier are sent to the Glodon Security Center, i.e., servers record how many times each interface is visited by you, which is similar to how internationally-renowned websites record their visit numbers. We will only collect the product-related information and will not violate your privacy.
Why and how we collect it
We manage to take as many factors into consideration as possible during the process of enhancement development. However, exceptions sometimes occur due to the diversity of the operating environment. The related data will be automatically sent to Glodon for further analysis and improvement.
Why we collect it
When Glodon programs encounter errors or crashes, an error log will be automatically generated and sent to the Glodon Security Center, helping us find the reason to improve the quality of Glodon products. All Glodon products undergo strict tests before being released. Therefore, errors or crashes seldom occur in the programs you use, and it is not very likely to report error logs.
What we collect and when we collect it
Error log is the runtime information automatically recorded when Glodon products you use encounter errors or crashes, which includes the information of other programs related to the execution of Glodon products and the information of the modules causing errors or crashes. Glodon only collects the error information of Glodon products, and will not collect any individual data. Glodon products automatically upload the generated error logs after error or crash occurs. If error logs are failed to be uploaded due to any reason, Glodon products will upload them automatically after being restarted.
Participation in this Program will not violate your privacy
This Program strictly complies with the relevant laws and regulations, and collects the information anonymously. Glodon will not identify and store any personal information based on the collected data. All the information Glodon collects is to improve the quality and efficiency of our products and services as well as the user experience, and will not be used to push any messages unrelated to Glodon products and services.
This Agreement remains valid until the date of termination. You can terminate it by destroying Glodon programs, documents as well as any copies or merging parts in any forms. If you failed to abide by any terms in this agreement, it will also be terminated automatically. Once this agreement is terminated, you accept and agree to destroy Glodon programs, documents, and any copies or merging parts in any forms.
For any question about this Agreement, please feel free to contact Glodon Software Co., Ltd. or send an email at email@example.com.