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This license applies to the licensed version of ShaoLin Aptus ("Aptus"). You may use this Software only as described in this license.
IMPORTANT " READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and ShaoLin Microsystems Limited ("ShaoLin") for the ShaoLin software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("Software Product"). An amendment or addendum to this EULA may accompany the Software Product.
If you do not agree to all of the terms and conditions of this EULA, then: (a) do not copy, install, distribute or use any copy of ShaoLin Aptus with which this License is included, and (b) in addition, if you paid ShaoLin or an authorized ShaoLin distributor or reseller for a package consisting of one or more copies of ShaoLin Aptus, you may return the complete package unused, within thirty (30) days after purchase, for a full refund of your payment.
The Software Product is protected by copyright laws and international copyright treaties, as well as intellectual property laws and treaties. The Software Product is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following rights provided that you comply with all terms and conditions of this EULA:
a) Types Of Software. The Software Product contains some or all of the following types of software: "Server Software" that provides the root file system and application files on a computer acting as a server (the computer running the Server Software shall be referred to as the "Aptus Server"); and "Client CPU License" that allows a computer, PC, workstation, terminal, handheld PC, or other electronic device (each of the foregoing a ''Device'') to load or utillize the root file system and application files provided by the Server Software. Server copies of the Server Software, each of which is compatible with a different microprocessor architecture, may be provided. b) Installation - Server Software. At any given time, you may install one copy of the Server Software for only of those architectures on a single computer. Client CPU License ("CCL"). You may install the CCL on any Device by number of Central Processing Unit ("CPU") to which a valid CCL has been dedicated. This Device with CCL installed is defined as "Aptus Client" directly managed by or loading its root file system and application files from Aptus Server. c) Use Of The Server Software. You may use one copy of the Server Software on one Aptus Server, which may be connected to number of authenticated Devices, provided that you have obtained the necessary CCL for such Devices by number of CPUs. The number of connections includes any indirect connections made through software or hardware that pools or aggregates connections. You must acquire a separate CCL for the Software Product for each unique CPU which loades or otherwise utilizes the root file system and application files of the Server Software, whether you use the CCL or any other load license to do so, unless otherwise noted in Clause 1d) or Clause 2 below. d) Use by Administrator. You do not need a CCL to load or utilize the root file system and application files of Server Software for the sole purpose of administering the Server Software. e) Use of the Client CPU License. You may use the CCL provided that you acquire CCLs as required in Clause 1c) above, and subject to any limitations set forth in Clause 1b) and Clause 2 below. f) Not For Resale Software. If the Software Product is labelled "Evaluation Only" or "Not for Resale", then, notwithstanding Clause 1 of this EULA, your use of the Software Product is limited to use for demonstration, test, or evaluation purposes and you may not resell, or otherwise transfer for value, the Software Product. g) Evaluation License. The terms and conditions of the Evaluation License describe the permitted use for trial purpose only. The license is valid for a period with the number of days from the Software delivery, which the trial period is defined by ShaoLin. In the event that you desire to use the Software Product after the trial period, you must obtain a commercial License of Aptus from ShaoLin. If you decide not to obtain a commercial License of Aptus after the trial period, your rights under this EULA shall terminate automatically and you shall promptly delete the Software Product from your Aptus Server. Evaluation License is used for trial purpose which is provided "AS IS" and ShaoLin does not provide any support service or offer any warranty for Aptus. h) School Edition Software. If the Software Product is identified as "School Edition", you must be a "Qualified Educational User" to use the Software Product. If you are not a Qualified Educational User, you have no rights under this EULA. i) No Multiplexing Or Pooling. Use of software or hardware that reduces the number of Devices directly loading or utilizing the Server Software (sometimes called "multiplexing" or "pooling" software or hardware) does not reduce the number of CCLs required; the required number of CCLs would equal the number of CPU execution to the multiplexing or pooling software or hardware "front end". j) Reservation Of Rights. All rights not expressly granted are reserved by ShaoLin.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
a) Server Software Transfer. You may transfer the Server Software to another Device only on a permanent basis (that is, with no intent to transfer again) provided the Device from which you have transferred the Server License no longer connecting to number of authenticated Devices, provide that you have obtained the necessary CCL for such Devices. You may retain the network card that this network card has been configured at Aptus Server connecting to number of authenticated Devices, or use a new network card that this new network card is configured at new Device connecting to number of authenticated Devices, which the MAC address is required to change for the load of Server Software. To determine if you are change of MAC address, please contact the ShaoLin Support Team at support@shaolinmicro.com or the ShaoLin's Suppliers serving your country.
b) Limitation On Rental. You may not rent, or lease the Software Product.
c) Limitation On Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Software Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
d) Termination. Without prejudice to any other rights, ShaoLin may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software Product and all of its component parts.
e) Consent To Use Of Data. With respect to technical information you provide to ShaoLin as part of any (if any) support services related to the Software Product, you agree that ShaoLin may collect, process and use such information for its business purposes, including for product support and development. ShaoLin will not utilize such technical information in a form that personally identifies you.
f) Upgrades. If the Software Product is labelled as an upgrade, you must be properly licensed to use a product identified by ShaoLin as being eligible for the upgrade in order to use the Software Product. A Software Product labelled as an upgrade replacement(s) and/or supplement(s) (and may disable) the upgrade of Software Product, and following the upgrade you may use the resulting Software Product only in accordance with the terms of this EULA.
ited Warranty. ShaoLin warrants that (i) the Software Product will perform substantially in accordance with the accompanying written materials for a period of thirty (30) days from the date of receipt, and (ii) any support services provided by ShaoLin shall be substantially as described in applicable written materials provided to you by ShaoLin, and ShaoLin support engineers will make commercially reasonable efforts to solve any problem issues. Some Territories and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the Software Product, if any, are limited to thirty (30) days.
h) Customer Remedies. ShaoLin's and its distributors' and resellers' (each of the foregoing a "Suppliers") entire liability and your exclusive remedy shall be, at ShaoLin's option, either (i) return of the price paid, if any, or (ii) repair or replacement of the Software Product that does not meet ShaoLin's Limited Warranty and which is returned to ShaoLin with a copy of your receipt. This Limited Warranty is void if failure of the Software Product has resulted from accident, abuse, or misapplication. Any replacement Software Product will be warranted for the reminder of the original warranty period or thirty (30) days, whichever is longer. Outside the Hong Kong Special Administrative Region ("HKSAR"), neither these remedies nor any product support services offered by ShaoLin are available without proof of purchase from and authorized international source.
i) No Other Warranties. To the maximum extent permitted by applicable law, ShaoLin and its Suppliers disclaim all other warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the Software Product, and the provision of or failure to provide support services. This Limited Warranty gives you specific legal rights. You may have others, which vary from city, state, province, or country (each of the foregoing a "Territory" or "Territories")/jurisdiction to Territory/jurisdiction.
j) Limitation Of Liability. To the maximum extent permitted by applicable law, in no event shall ShaoLin or its Suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) praising out of the use of or inability to use the Software Product or the provision of or failure to provide support services, even if ShaoLin has been advised of the possibility of such damages. In any case, ShaoLin's entire liability under any provision of this EULA shall be limited to the greater of the amount actually paid by you for the Software Product; provided, however, if you have entered into a ShaoLin Annual Subscription Service. ShaoLin's entire liability regarding support service shall be governed by the terms of that Annual Subscription Service. Because some Territories and jurisdictions do not allow the exclusion of limitation of liability, the above limitation may not apply to you.
k) Intellectual Property Rights. All title and intellectual property rights in and to the Software Product (including but not images, photographs, animations, video, audio and text incorporated into the Software Product), and any copies you are permitted to make herein are owned by ShaoLin or its Suppliers. All title and intellectual property rights in and to the content which may be loaded through use of the Software Product is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. If this Software Product contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the Software Product.
l) Reinstallation Copy. After installation of single copy of Software Product pursuant to this EULA, you may keep the original media on which the Software Product was provided by ShaoLin solely for archival purposes or reinstallation of the Software Product on the same computer with same network card as the Software Product was previously installed.
m) Export Restrictions. You agree that you will not export or re-export the Software Product, any part thereof, or any process or service that is the direct product of the Software Product, to any country, person or entity subject to export restrictions of HKSAR.
n) Governing Law. This EULA is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This EULA shall be governed by the laws of the HKSAR. Exclusive jurisdiction and venue for all matters relating to this EULA shall be in courts located in the HKSAR, and you consent to such jurisdiction and venue. There are no third party beneficiaries of any promises, obligations or representations made by ShaoLin herein. Any waiver by ShaoLin of any violation of this EULA by you shall not constitute, nor contribute to, a waiver by ShaoLin of any other or future violation of the same provision, or any other provision, of this EULA.
o) Applicable Law. If this Server License was acquired outside the HKSAR, then please refer to the Applicable Law of the city, state, province, or country of territory.
p) Entire Agreement. This EULA (including any addendum or amendment to this EULA which is included with the Software Product) and the CCL (if applicable) are the entire agreement between you and ShaoLin relating to the Software Product and they supersede all prior or contemporaneous oral or written communications, proposals, and representation with respect to the Software Product or any other subject matter covered by EULA.
