End User License Agreement

Last updated: December 23, 2024

END USER LICENSE AGREEMENT (EULA)

IMPORTANT: PLEASE READ THIS END USER LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PROVIDED BY AmoyShare. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL OR USE THE SOFTWARE.

This Agreement is between you and AmoyShare, the provider of the Software.

License Grant

License Type

Subject to the terms and conditions of this Agreement, AmoyShare grants you a non-exclusive, non-transferable, and limited license to install and use the software on a single device or multiple devices as specified by the license type (e.g., personal or commercial use).

License Scope

You may:

  • Install and use the Software on a device according to the license type granted.
  • Make one (1) backup copy of the Software solely for archival purposes, provided that the backup copy retains all original copyright notices and proprietary markings.

Licensed Software Definition

The "Licensed Software" includes all files, media, and documentation provided, including but not limited to:

  • Third-party software components licensed by AmoyShare for inclusion.
  • Documentation related to the Software.
  • Fonts, modifications, updates, and any future releases.

License Restrictions

You may not:

  • Distribute, sublicense, or rent the Software to any third party.
  • Modify, decompile, reverse-engineer, or create derivative works based on the Software.
  • Use the Software for any illegal, unethical, or unlawful purposes.

Licensee Publicity Rights

You hereby grant AmoyShare a non-exclusive, royalty-free right to use your name, logo, trademarks, and other brand identifiers (collectively, "Marks") solely for non-commercial promotional purposes, including but not limited to case studies, testimonials, marketing materials, website content, social media posts, and other public-facing communications that may highlight your use of AmoyShare's services or products.

Such use will always require your prior written approval, and AmoyShare will make reasonable efforts to ensure that your Marks are represented accurately and appropriately. You have the right to review and request changes to the materials before they are published or used.

This right to use your Marks may be revoked at any time by you, with written notice provided to AmoyShare. Upon receipt of such notice, AmoyShare will promptly cease further use of your Marks in any new promotional materials, though any materials already in circulation or in production may continue to be used until they are naturally retired.

Intellectual Property

The Software, including all copies, modifications, updates, and enhancements, remains the sole and exclusive property of AmoyShare and its licensors. All rights, title, and interest in and to the Software, including any intellectual property rights associated therewith, are owned by AmoyShare and its licensors. The Software is protected by copyright, patent, trade secret, and other intellectual property laws, as well as applicable international treaties and conventions.

Unauthorized use, reproduction, distribution, or modification of the Software is strictly prohibited. The Licensee may not copy, decompile, reverse-engineer, disassemble, or create derivative works of the Software except as expressly permitted by the terms of this Agreement. The Licensee is also prohibited from using the Software for any unlawful purpose or in any manner that would infringe upon the intellectual property rights of AmoyShare or its licensors.

The Software, including its structure, organization, source code, user interface, and any other proprietary components, constitutes valuable trade secrets and confidential information of AmoyShare and its licensors. AmoyShare and its licensors reserve all rights not expressly granted to the Licensee under this Agreement, and no rights or licenses are granted except as expressly set forth herein.

The Licensee acknowledges that AmoyShare retains full ownership of the Software and all related intellectual property rights, and that the Licensee has no claim to the ownership or intellectual property rights in the Software. Any unauthorized use or infringement of these intellectual property rights may result in legal action, including claims for damages, injunctive relief, and other remedies available under applicable law.

Privacy and Data Usage

Data Collection

AmoyShare may collect technical data, such as usage statistics and error reports, to improve the functionality of the Software. This data is used solely to enhance the user experience and troubleshoot issues.

Use of Data

All data collected will be processed in accordance with the Privacy Policy. We are committed to protecting your personal information and ensuring transparency in how data is used.

Third-Party Data

The Software may interact with third-party services, and data may be shared with these services in compliance with their respective terms. By using the Software, you agree to such data sharing as part of your use of the Software.

Warranties and Disclaimers

No Warranty

THE SOFTWARE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Warranty

AmoyShare does not guarantee error-free operation. Use of the Software is at your own risk. We do not warrant that the Software will meet all of your specific requirements.

Disclaimers

AmoyShare disclaims all liability for loss of data, revenue, or any other damages resulting from the use or inability to use the Software.

Limitation of Liability

Exclusion of Damages

IN NO EVENT SHALL AmoyShare BE LIABLE FOR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING LOSS OF DATA OR PROFITS.

Maximum Liability

AmoyShare’s liability is limited to the amount paid for the Software, and no further claims will be accepted.

Export Restrictions

You agree to comply with all export regulations related to the Software and not to use the Software in violation of these laws.

Indemnification

You agree to indemnify AmoyShare from any claims, damages, or expenses arising out of your use of the Software or any violation of this Agreement.

Term and Termination

Term

This Agreement is effective until terminated by either party.

Termination by User

You may terminate this Agreement at any time by uninstalling the Software and deleting all copies.

Termination by AmoyShare

AmoyShare reserves the right to terminate this Agreement immediately if you violate any of the terms.

Effect of Termination

Upon termination, your rights to use the Software end, and you must uninstall and delete all copies of the Software from your devices.

Governing Law and Dispute Resolution

Governing Law

This Agreement will be governed by and interpreted in accordance with the laws of [Your Jurisdiction], without consideration of its conflict of laws principles.

Dispute Resolution

Any disputes will be resolved through binding arbitration in [Your Location]. If arbitration is unavailable, disputes will be handled in the courts of [Your Jurisdiction].

Class Action Waiver

You agree to resolve disputes individually and waive the right to participate in class actions.

Third-Party Components or Services

hird-Party Software

Some components of the Software may be subject to third-party licenses. You must comply with the terms of those licenses when using the Software.

Third-Party Services

Features of the Software may depend on third-party services, and you agree to their terms of use when accessing these services.

Installation

Follow the provided instructions for installation, which include system requirements and a step-by-step guide to set up the Software.

Activation

To activate the Software, you must enter the activation code provided after purchase or follow the online activation process.

Software Updates and Improvements

Automatic Updates and Modifications

The Software may update automatically to improve its performance or add new features. Updates are subject to the terms of this Agreement.

Software Improvement Program

AmoyShare may collect anonymous usage data for the purpose of improving future versions of the Software. Participation in the program is optional.

Evaluation Copy

If you are using a trial version, the Software is limited to the specified trial period. Upon expiration, you must purchase the full version to continue using it.

Support

Technical support is available via email or phone during business hours. Support services may be subject to additional terms and conditions.

Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue in effect.

Entire Agreement and Amendments

Entire Agreement

This Agreement constitutes the entire understanding between you and AmoyShare regarding the Software.

Amendments

AmoyShare reserves the right to update, modify, or amend this Agreement from time to time, at its sole discretion. Any such changes will become effective after prior notice has been provided to you. Notice may be given through the Software itself, via email, or by posting an updated version of this Agreement on the AmoyShare website.

For significant amendments that substantially affect your rights or obligations, you will be notified directly, and your continued use of the Software after receiving such notice will constitute your acceptance of the updated Agreement. In some cases, you may be required to explicitly accept the amended Agreement before proceeding with further use of the Software.

If you do not agree with the changes made to the Agreement, you have the right to terminate this Agreement by discontinuing your use of the Software. Upon termination, you must immediately cease all use of the Software and destroy any copies of the Software in your possession. Your continued use of the Software following any changes to this Agreement will be deemed as your acceptance of those changes.

AmoyShare encourages you to regularly review this Agreement for any updates or amendments, as it is your responsibility to stay informed of any changes that may affect your rights and obligations under this Agreement.

End-User Generated Content

Any content created using the Software remains your property, but AmoyShare may use it for marketing purposes, subject to your approval.

Acceptance of Terms

By using the Software, you confirm your acceptance of these terms and conditions.