1. GENERAL. This EULA is the legal agreement between the end user ("You") and Microvirt Co., Ltd. ("Microvirt"), governed by and construed in accordance with the laws of the China without regard to conflict of laws principles. It governs Your use of the software, videos, images and audio media, configuration data, fonts and documentation, whether on disk, in read only memory, on any other media or in any other form (collectively the "Software"), which is the proprietary intellectual property of Microvirt.
2. GRANT OF LICENSE. This EULA is granted to the end user only and exclusively in connection with personal use, the end user is an individual, and not a professional, who downloads the application for personal and private needs, excluding commercial and professional environment. Except as expressly stated herein, this EULA does not grant you any intellectual property rights in the Software. Microvirt reserve all rights not expressly granted to you. There are no implied rights.
3. RESTRICTIONS. The end user and the licensee do not have any right or license to, and will not, directly or indirectly, in any manner whatsoever: a. Create derivative works based on the Software or any part or component thereof, including, but not limited to, the Software; b. Alter, translate, decompile, or attempt to reverse engineer the Software 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; c. Reproduce the Software, in whole or in part or use the Software to provide services to third parties; d. Use or utilize the Software for any purpose or in any manner that is illegal or in violation of any applicable law or rights of any third party. Generally speaking, all access, performance or use of the application except as expressly permitted by these terms and any use in accordance to Microvirt's purpose shall be deemed to be an infringement of Microvirt's intellectual property rights on the Software and open all rights and remedies in connection with such infringement.
4. UPDATE. If you receive an update or an upgrade to, or a new version of the 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 versions of the Software in your possession, custody or control. Microvirt shall have no obligation support the previous versions of the Software upon availability of an Update. Microvirt has no obligation to provide support, maintenance, Updates, or modifications under this EULA.
5. NO WARRANTY. THE SOFTWARE IS OFFERED ON AN "AS-IS" BASIS AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. MICROVIRT 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 MICROVIRT 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 SOFTWARE 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 MICROVIRT, AND EVEN IF MICROVIRT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF THIS EULA OR ANY REMEDY.
7. LIMITATION OF LIABILITY. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER, THE ENTIRE LIABILITY OF MICROVIRT UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER SHALL BE LIMITED TO, AND IN NO EVENT WILL MICROVIRT TOTAL CUMULATIVE DAMAGES EXCEED, THE FEES PAID BY YOU TO MICROVIRT FOR THE SOFTWARE.
8. INDEMNIFICATION. By accepting the EULA, you agree to indemnify and otherwise hold harmless Microvirt, 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 Software or any other matter relating to the Software.
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. TERMINATION Microvirt may terminate this EULA if the end user or to the licensee does not comply with the terms of this license for any reason whatsoever. Upon the termination of this EULA, the end user or the licensee shall immediately cease using the Software developed by Microvirt. Any use of the Software after termination of this EULA shall be deemed to be an infringement of Microvirt’s intellectual property rights.
11. MODIFICATION. Microvirt may modify, amend, change, and cancel this EULA. The end user or the licensee agrees that the acceptance of each such modification, amendment, change, and alteration shall be a condition precedent for the license, the access and use of the Software. The license shall automatically terminate, without need for any notice, if the end user or the licensee fails to accept such modification, amendment, change when requested.