173 lines
10 KiB
Plaintext
173 lines
10 KiB
Plaintext
Huawei End-User Software Licensing Agreement
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Important note: This agreement is the end-user software licensing
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agreement (hereinafter referred to as "Agreement") between you
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(an individual, company, or any other entity) and Huawei Technologies Co., Ltd.
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(hereinafter referred to as "Huawei") for the use of this Software
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(see Article 1.1 of this Agreement). Please read this Agreement carefully
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before you use your Huawei product or download a Software update mentioned
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in this Agreement. Your use of a Huawei product or download of this Software
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update will be deemed as your acceptance of the constraints mentioned in this
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Agreement. Otherwise, please do not use any Huawei product or download this
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Software update. If you do not accept this Agreement, you may return your
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Huawei product to our franchise store or authorized distributor where you
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obtained it for a refund as long as our return policy is satisfied. That
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policy is in accordance with the relevant laws and regulations of your country.
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The Software governed by this Agreement does not include the Open Source Software
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Components as defined in Section 1.2
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1. General Rules
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1.1 Software under this Agreement refers to: (1) the software componentes provided
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to you with a Huawei product, including but not limited to the codes as well as
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other embedded software, documents, interfaces, contents, fonts and any data stored
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on it that is protected by copyright held by Huawei or its licensor; (2) updates or
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upgrades to the ones mentioned in (1).The Software excludes the Open Source Software
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Components in Section 1.2.
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1.2. Huawei product or its updates or upgrades may also include software components
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that are protected by copyrights held by third parties, who licensed these software
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components under open source software licenses ("Open Source Software Components").
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Such Open Source Software Components are identified as such through specific license
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information provided within the device also indicating the Open Source Software license
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applicable for the respective component. Therefore the terms and conditions of open
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source software licenses shall be applied when you are using these Open Source Software
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Components. This Agreement does not alter any rights and obligations you may have under
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such open source software licenses. If any conflicts between the license conditions
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mentioned in this Agreement and the contents of open source software licenses with
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respect to any Open Source Software Components, the open source software licenses will
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prevail.
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1.3 Software under this Agreement shall be bound by it, whether it is stored in a
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read-only memory or any other media or form or it is from an online download
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location authorized by Huawei, unless otherwise agreed upon.
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2. End User Software License
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You are licensed to use this Software (as defined in Section 1.1) on a single
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Huawei product or computer in a limited, non-exclusive way rather than selling it,
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on condition that you obey the terms and conditions of this Agreement.
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3. Use Limitation
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3.1 You may not use Huawei technologies or Huawei intellectual properties (IPs)
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to design, develop, manufacture, sell, or license third-party devices/accessories
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associated with Huawei products and/or Software or develop application software,
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unless otherwise agreed upon.
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3.2 You may make a Software copy on a computer hard disk drive or other storage
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media for the purpose of archiving. Nonetheless, you may not distribute or provide
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the Software through networks so that it is available to multiple devices or
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computers at the same time.
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3.3 You may not sell, rent, lease, lend, sublicense or distribute the entirety
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or part of the Software to any third party without a prior written permission
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from Huawei. Nonetheless, you may make a one-time permanent transfer to another
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party the entire license to the Software along with the transfer of ownership
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of your Huawei product, provided that: (1) the transfer must include your Huawei
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product and all the Huawei Software; (2) you do not retain all or part of the
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Software copies; (3) the party that receives the Huawei product and Software has
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read and accepted all the terms and conditions of this Agreement.
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3.4 Except as expressly permitted, you may not and agree not to, or to enable any
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other person to, copy, reverse engineer, decompile, disassemble or create derivative
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works of the Software.
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3.5 While using the Software for storage or copying, you need to be authorized by
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relevant right holders in particular countries or regions. Huawei Software may be
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used to reproduce materials so long as such use is limited to reproduction of
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non-copyrighted materials, materials in which you own the copyright, or materials
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you are authorized or legally permitted to reproduce.
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3.6 You agree that you shall only use the Software in compliance with all applicable
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laws and regulations of the countries or regions in which you reside or use the Software.
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4. Right Reservation
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Huawei and its licensors are the right holders of the Software and reserve any other
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right that is not explicitly granted to you by this Agreement.
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5. Termination and Ongoing Effectiveness
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5.1 This Agreement is effective from the first date you install the Software. You may
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terminate this Agreement at any time by permanently deleting, destroying and returning,
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at your own costs, the Software, all backup copies and all related materials provided by
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Huawei. Huawei or its licensors may terminate this Agreement at any time without notice if
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you fail to comply with any terms or conditions of this Agreement. Once it is terminated,
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you MUST stop using this Software and delete all the Software and associated materials
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already copied and/or installed on your Huawei product or computer immediately.
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5.2 Articles 6, 7, 8, 9, 11and 12 remain effective after this Agreement is terminated.
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6. Disclaimer of Warranties
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6.1 YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND,
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EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NEITHER HUAWEI,
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ITS LICENSORS OR AFFILIATES NOR THE COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR WARRANTIES,
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EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, SATISFACTORY
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QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF
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THIRD PARTY RIGHTS. THERE IS NO WARRANTY BY HUAWEI OR BY ANY OTHER PARTY THAT THE FUNCTIONS
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CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE
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WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION
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OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS
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OBTAINED FROM IT.
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6.2 INSTALLING THIS SOFTWARE MAY AFFECT THE AVAILABILITY OF THIRD-PARTY SOFTWARE, APPLICATION
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PROGRAMS, OR SERVICES. THERE IS NO WARRANTY BY HUAWEI THAT THIS SOFTWARE CONTAINS FUNCTIONS
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OR SERVICES THAT IT WILL PROVIDE CONTINUOUS, PERMANENT SERVICES OR THAT THIS SOFTWARE WILL BE
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COMPATIBLE WITH ANY THIRD-PARTY SOFTWARE OR SERVICES.
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6.3 YOU FURTHER ACKNOWLEGE THAT THE HUAWEI SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE
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FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR
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INACCURACIES IN, THE CONTENT, DATA, OR INFORMATION PROVIDED BY THE HUAWEI SOFTWARE OR SERVICES
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COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING BUT
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NOT LIMITED TO THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS,
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AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.
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7. Limitation of Liability
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7.1 HUAWEI WILL NOT TAKE ANY RESPONSIBILITY FOR SOFTWARE USE PROBLEMS CAUSED BY ABUSE, MISUSE,
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OR UNAUTHORIZED MODIFICATION.
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7.2 TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL HUAWEI, ITS EMPLOYEES OR
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LICENSORS OR AFFILIATES BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA OR COSTS OF
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PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION
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OF BUSINESS, LOSS OF BUSINESS INFORMATION OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL,
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ECONOMIC, COVER, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING
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UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF OR
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INABILITY TO USE THE SOFTWARE, EVEN IF HUAWEI OR ITS LICENSORS OR AFFILIATES ARE ADVISED OF
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THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY
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FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT
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APPLY TO YOU.
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7.3 IN NO EVENT SHALL HUAWEI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE
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REQUIRED BY APPLICABLE LAW IN CASES INVOLVING DEATH OR PERSONAL INJURY RESULTING FROM HUAWEI'S
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NEGLIGENCE) EXCEED THE AMOUNT YOU PAID FOR HUAWEI PRODUCT.
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8. Technical Support
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Huawei has no obligation to provide you with any technical support service for the Software
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under this Agreement.
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9. Export Control
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You may not use or otherwise export or reexport the Huawei Software except as authorized by
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United States law and the laws of the jurisdiction(s) in which the Huawei Software was obtained.
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10. Notification
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Any and all the notices and correspondence shall be made in written forms through registered
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mails or those with receipts.
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11. Dispute Settlement and Governing Laws
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11.1 This Agreement is governed by and construed in accordance with the laws of the People's
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Republic of China.
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11.2 Any and all disputes arising from or in connection with this Agreement shall first be
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settled through friendly negotiations between the parties hereto. Otherwise, they shall be
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submitted to Shenzhen Arbitration Commission for arbitration which shall be conducted in
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accordance with the Commission's arbitration rules in effect at the time of applying for
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arbitration. The arbitral awards are final and binding upon both parties.
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12. Integrity
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This Agreement and its annexes constitute the entire agreement between you and Huawei and
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govern your use of the Software, superseding any prior agreements between you and Huawei for
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the use of the Software. You also may be subject to additional terms and conditions that may
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apply when you use or purchases open source software, third party content, or certain other Huawei service.
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