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版本历史记录
- 版本 0.1.0 发布于 2013-08-08
不
软件信息
- 软件分类： 图形应用 > 编辑
- 发布者： Chengdu Everimaging Co., Ltd
- 许可： 免费
- 价格： N/A
- 版本： 0.1.0
- 适用平台： windows
终端用户许可协议
END USER LICENSE AGREEMENT IMPORTANT NOTICE This is a legal agreement between Everimaging Science and Technology Co., Ltd. (“Everimaging”) and the party that downloads, installs and/or uses Beautune software (“the software”) provided by Everimaging, each of whom accepts the terms of this agreement for herself, himself or itself (as applicable, “licensee”). The software is licensed and not sold and the rights to use the software are set forth in this agreement. Using the software also operates as your consent to the transmission of certain information and data during activation, use, obtaining the software updates and for internet-based services. Carefully read the following terms applicable to the license of the Beautune application software provided to licensee by Everimaging pursuant to warranty, maintenance and support or otherwise, all of which are included within the definition of “software” below. These terms and conditions shall constitute a legally binding agreement by and between Everimaging and licensee. Licensee's acceptance according to the terms herein and/or licensee's installation, reproduction or use of the software also signifies licensee's agreement to be legally bound by these terms and conditions. Please note that you need not agree to be bound by this agreement. However, if you do not agree to by legally bound by the terms and conditions set forth herein, you are not permitted to install, copy, use or transfer the software and shall not have any rights hereunder as a “licensee.” If you do not agree to be bound by this agreement, you should promptly uninstall the software. No additional or contrary terms to this agreement shall apply unless agreed to in a written agreement between licensee and Everimaging. DEFINITIONS For the purposes of this Agreement, the following definitions shall apply: “Derivative Work” means a work that is based upon or derived from the Software, such as a revision, modification, translation, abridgment, condensation or expansion, or any form in which Software may be recast, transformed or adapted, which, if prepared without the express written consent of Everimaging, would constitute copyright infringement. “Everimaging Service” refers to the Beautune software that enables Users to store, edit or otherwise modify and share images and other data, and upload the same through one or more Certified Device(s). “Beautune Site” means the Internet site(s) published by Everimaging and applicable to the Software and/or Everimaging Service, as they may change from time to time, including, without limitation, the site which is currently located at www.everimaging.com. “Beautune Terms of Service” means the then applicable terms and conditions governing the use of the Everimaging Service, as published at the Beautune Site. “Individual Computer” means any general-purpose computing device (desktop, laptop, netbook, tablet, smart phone) that is operated by one human user at a time for that user's benefit (e.g., not as a server or in any partition of a computer system). Licensee may access the Software operating on an Individual Computer through a remote device without any additional license. “Object Code” means the form of computer program or portion thereof that can be executed by a computer without further modification. “User” means any individual who visits the Beautune Site to use the Everimaging Service. “Software” means, collectively, (i) that version of the Beautune application software reflected in text accessed within the Beautune application software, (ii) all updates, upgrades, patches, bug fixes and modifications thereto that may be released by Everimaging and made available to Licensee from time to time, if any, in Object Code form and (iii) all written information and materials provided to Licensee with and regarding the Beautune application software, including, without limitation, in the “About” section or other settings information areas within the particular application (which information may be referred to herein as “Documentation”). “Source Code” means the human-readable form of the code and related system documentation for the Software, including all comments and any procedural code. “Supported Device” means the type of Individual Computer (e.g., iPad) or the Individual Computer running a certain operating system (e.g., Windows) for which the Software is designed and offered for use. Everimaging identifies the Supported Device for the Software by name in connection with the link through which the Software is made available for download or on the written software application description in the materials provided by Everimaging with the Software. LICENSE GRANTS Subject to the terms and conditions contained herein, Licensee is hereby granted, and Licensee accepts, a non-exclusive, non-transferable, license (i) to install and use the Software on one or more Supported Devices owned or controlled by Licensee and (ii) during such period of time that Licensee is a User, use the Software to enable interaction between the Everimaging Service and the Supported Device on which the Software is installed, subject to the Beautune Terms of Service. Subject to the terms and conditions contained herein, Everimaging hereby grants Licensee a non-exclusive, non-transferable license to make a reasonable number of copies of the Software without modification for Licensee's personal use. Licensee agrees that this License Agreement applies to all such copies. Certain computer software components licensed by one or more third-parties may be provided with the Software. Everimaging grants Licensee a non-exclusive, non-transferable, license to use one copy of any third-party software provided by Everimaging with the Software (“Third-Party Software”) on the terms herein and such terms (if any) as may be set forth in the Documentation (including any additional terms therein), provided that: to the maximum extent permitted by applicable law, all third-party software is provided “as is” and with all faults. GENERAL LICENSE RESTRICTIONS Licensee shall only use the Software for Licensee's personal use on a Supported Device and, in connection with the Everimaging Service, as permitted by the Beautune Terms of Service. Licensee shall not cause or permit the renting, leasing, sublicensing or selling, or any dissemination or other distribution of copies of, the Software by any means or in any form to any person, and shall not permit others to use the Software via a timesharing, outsourcing, service bureau, application service provider, managed service provider or similar arrangement. Licensee may not use the Software in any way that is intended to circumvent the Beautune Terms of Service or to otherwise violate any law or regulation. Licensee shall not use or distribute as a separate or stand alone executable file, product or server any Third-Party Software or use such Third-Party Software except as a component part of the Software. Licensee agrees not to, directly or indirectly, take any action to modify, translate, decompile, reverse engineer, reverse compile, convert to another programming language or otherwise attempt to derive Source Code from the Software or any internal data files generated by the Software, or perform any similar type of operation on any software or firmware acquired under this Agreement, in any fashion or for any purpose whatsoever, except to the extent the foregoing restriction is expressly prohibited by applicable law notwithstanding this limitation. Licensee also acknowledges and agrees any such works are Derivative Works and acknowledges that Everimaging retains ownership of the copyright in any Derivative Works and is not granting any right to make, use, publish or distribute any Derivative Works of the Software. Licensee shall not modify or delete any Everimaging or third-party proprietary rights notices appearing in the Software, or any Third-Party Software, and will implement any changes to such notices, if feasible, that Everimaging may reasonably request. Licensee acknowledges and agrees that the technology manifested in the operation of the Software constitutes the valuable trade secrets and know-how of Everimaging and its suppliers and, to the extent Licensee discovers any such trade secrets, Licensee will not disclose them to any third party. Licensee acknowledges and agrees that this Agreement in no way shall be construed to provide to Licensee any express or implied license to use or otherwise exploit the Software or any portion thereof except as specifically set forth in this Agreement, and all rights not expressly granted to Licensee are reserved by Everimaging. Licensee has no right to transfer any interest in or to any Software, except as permitted by the express terms in this Agreement. The license granted herein is neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by Everimaging and/or on the Beautune Site regarding future functionality or features. OWNERSHIP OF SOFTWARE Everimaging's ownership interests in the Software are protected by all applicable copyright, patent and other laws and international treaty provisions. Except for the limited license rights specifically granted to Licensee in this Agreement, all rights, title and interests, including without limitation intellectual property rights, in and to the Software, including all Derivative Works thereof, (and all copies thereof and related materials that are produced or shipped to Licensee under this Agreement), belong to and shall be retained by Everimaging or its suppliers, as applicable. Licensee acknowledges that the development of the Software is an ongoing process and that Licensee and other licensees of the Software benefit from the improvements resulting from such ongoing development. In order to facilitate such ongoing development, Licensee may provide certain suggestions, documentation, materials and other data to Everimaging and/or the Beautune Site regarding the use, improvement or applications of the Software (the "Contributed Ideas"), and Licensee hereby acknowledges and agrees that all Contributed Ideas may be used by Everimaging in the development of the Software and/or related products and services. Unless specifically provided in a writing signed by Everimaging and Licensee and specifically relating to the disclosure of any Contributed Ideas, and notwithstanding any provision in this Agreement to the contrary, Licensee hereby grants to Everimaging the irrevocable, perpetual, nonexclusive, worldwide, royalty-free right and license to disclose, use and incorporate the Contributed Ideas in connection with the development of the Software and/or related products and services, and the demonstration, display, license, reproduction, modification and distribution and sale of the Software and/or related products and services, without any obligation to provide any accounting or other reporting. SUPPORT OF LICENSEE During the term of this Agreement, Everimaging shall use its commercially reasonable efforts to provide technical support of the Software to Licensee according to its then applicable support policies. Such technical support shall be available by email communication in the English language, and any other language that may be available from time to time, during Everimaging's regular business hours, subject to further restrictions, which may be set forth at the Beautune Site or otherwise published by Everimaging and provided or made available to Licensee. INFORMATION SHARING AND INTERACTIONS During installation of the Software and from time to time thereafter when Licensee uses the Software, the Software will send information about the Software and the Individual Computer on which the Software is installed to Everimaging. This information includes the version of the Software, the language of the Software (e.g., English, Spanish, etc.), the Internet protocol address of the Individual Computer and the Individual Computer's hardware configuration. Everimaging does not use this information to identify personal information regarding Licensee. Everimaging does use this information to ensure that Licensee is operating the most current version of the Software and, if there is a newer release of the Software, enable Licensee to download and install the current version appropriate for the Individual Computer. Depending upon the settings in the Software, updates to the Software may be installed automatically without Licensee's separate consent. By using the Software, Licensee consents to the sharing of the information and interactions described herein and, by using the Software with the Everimaging Service. Licensee also consents to the use of information described in the then current Beautune Privacy Policy published at the Beautune Site. TERM AND TERMINATION This Agreement shall commence on the earlier date of delivery or download of the Software, shall be confirmed upon and by the installation of the Software on any computer device and shall continue for so long as Licensee complies with the terms herein, subject to termination or expiration in accordance with the terms provided herein. This Agreement shall automatically terminate, without notice, upon any failure by Licensee to comply with the terms of this Agreement. Upon the termination of this Agreement, all licenses and other rights granted to Licensee hereunder shall immediately terminate. WARRANTY Limited Warranty Everimaging hereby warrants to Licensee that the Software will perform substantially in accordance with the functional description applicable thereto at the Beautune Site if used in accordance with the terms of this Agreement and any applicable directions or requirements in the Documentation. The foregoing warranty is extended to the initial Licensee only, is not transferable and shall be in effect for thirty (30) days immediately following Licensee's receipt of the Software (the “Software Warranty Period”). Licensee's sole and exclusive remedy and the entire liability of Everimaging and its suppliers and licensors for any breach of this limited warranty will be, at Everimaging's option, repair or replacement of the Software, if such breach is reported prior to the expiration of the Warranty Period to Everimaging, the Beautune Site, or the Everimaging authorized distributor that supplied the Software to Licensee (the “Software Warranty Remedy”). Everimaging may require that Licensee return or certify the destruction of all copies of the Software to Everimaging or to the authorized distributor in order to receive the designated remedy hereunder. Any replacement Software provided will be covered by the warranty for the remainder of the original Software Warranty Period or for 30 days from the date on which Licensee receives such repaired or replacement Software, whichever is longer. Disclaimer of Warranties Except as expressly provided, the software is being provided “as is” without warranty of any kind and Everimaging hereby disclaims all other warranties, express or implied, oral or written, with respect to the software, including, without limitation, any and all implied warranties as to the condition, non-infringement, merchantability, design, operation or fitness for any particular purpose. No oral or written information or advice given by Everimaging, the Beautune site, its resellers and/or its or their agents or employees, shall create a warranty or in any way increase or modify the scope of the warranties expressly set forth herein. If Licensee's legal jurisdiction provides that a certain implied warranty may not be disclaimed, such implied warranty shall only apply to defects discovered during the period of the express Software Warranty Period provided herein. There is no implied warranty for defects discovered after the expiration of such Software Warranty Period. Some legal jurisdictions do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to Licensee. Except as expressly provided, Everimaging does not warrant that the software will meet all requirements of licensee, or that the operation of the software will be uninterrupted or error free, or that all software defects will be corrected. Further, Everimaging is not responsible for any defect or error resulting from: (i) the modification, misuse or damage of the software by parties other than Everimaging or parties performing as a contractor to, and at the direction of, Everimaging, (ii) licensee's failure to implement all bug fixes or other defect corrections which are made available by Everimaging and/or on the Beautune site, (iii) use of the software in a manner inconsistent with the directions provided in the documentation or as permitted by this agreement, (iv) any computer virus or (v) any defect in or failure of any third party's individual computer, equipment, network or software, or for any user error. Everimaging does not warrant and shall have no liability with respect to non-Everimaging products or services including, without limitation, third-party software or hardware, internet connections or connectivity or computer networks. LIMITATIONS ON LIABILITY In no event shall Everimaging be liable to licensee for any loss of or damage to data or other personal or business information, lost profits or use of the software, or for any special, incidental, indirect or consequential damages arising out of or in connection with this agreement, including the installation, use or performance, or inability to use, the software, even if Everimaging has been advised of the possibility of such damages. Everimaging provides the software at no charge to licensee. In consideration for, and as a fundamental and express condition of enabling use of the software without charge, and notwithstanding any provision in this agreement to the contrary, Everimaging shall not have any liability for any matter arising out of the subject matter of this agreement, whether in contract, tort or otherwise, except the software warranty remedy. The limitations herein shall apply even if the software warranty remedy does not fully compensate licensee for any or all losses, or if Everimaging knew or should have known about the possibility of consequential damages. Some legal jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to licensee if licensee resides in certain jurisdictions.