END USER LICENSE AGREEMENT
OpenCloner Software is licensed to You (End-User) by DUPSEE LIMITED, located and registered at CHEVALIER HOUSE, 45-51 CHATHAM ROAD SOUTH, TSIM SHA TSUI,,KOWLOON, HONG KONG 999077, Hong Kong.("Licensor"), for use only under th terms of this License Agreement.
By downloading the Licensed Application from , and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this LicenseAgreement. referred to in this License Agreement as "Services."
The parties of this License Agreement acknowledge that the Services are not a Partyto this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. DUPSEE LIMITED, not the Services, is solely responsible for theLicensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Licensed Applicationth at are in conflict with the latest ("Usage Rules"). DUPSEE LIMITED acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.
OpenCloner Software when purchased or downloaded through the Services, is licensed to Youfor use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. OpenCloner Software is to be used on devices that operate with.
1 THE APPLICATION
OpenCloner Software ("Licensed Application") is a piece of software created to Video Backup Tools — and customized for mobile devices ("Devices"). It is used to 1-click to make a perfect 1:1 DVD/Blu-ray copy.
The Licensed Application is not tailored to comply with industry-specific regulations(Health Insurance Portability and Accountability Act (HIPAA), Federal InformationSecurity Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application. You may not use theLicensed Application in a way that would violate the Gramm-Leach-Bliley Act(GLBA).
2. SCOPE OF LICENSE
3. TECHNICAL REQUIREMENTS
4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the Overview for this Licensed Application.
4.2 DUPSEE LIMITED and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
5. USE OF DATA
You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. Licensormay also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.
6. USER-GENERATED CONTRIBUTIONS
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent,trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights,consents, releases, and permissions to use and to authorize us, the LicensedApplication, and other users of the Licensed Application to use your Contributionsin any manner contemplated by the Licensed Application and this LicenseAgreement.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense ofthose terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning childpornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connectedto race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates,any provision of this License Agreement, or any applicable law or regulation.
Any use of the Licensed Application in violation of the foregoing violates this LicenseAgreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.
7. CONTRIBUTION LICENSE
By submitting suggestions of other feedback regarding the Licensed Application, you agree that we can use and share such feedback for any purpose without compensation to you. We do not assert any ownership over your Contributions. You retain full ownership ofall of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the LicensedApplication. You are solely responsible for your Contributions to the LicensedApplication and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
9.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses,viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.
9.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used within appropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of DUPSEE LIMITED's sphere of influence that affect the executability of the Licensed Application.
9.3 .You are required to inspect the Licensed Application immediately after installing it and notify DUPSEE LIMITED about issues discovered without delay by email provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been emailed within a period of ninety (90) days after discovery.
9.4 If we confirm that the Licensed Application is defective, DUPSEE LIMITED reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
9.5 In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your LicensedApplication purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims,damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.
9.6 If the user is an entrepreneur, any claim based on faults expires after a statute or period of limitation amounting to twelve (12) months after the Licensed Applicationwas made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
10. PRODUCT CLAIMS
DUPSEE LIMITED.and the End-User acknowledge that DUPSEE LIMITED, and not theServices, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of thatLicensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation.
11. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to aUS Government embargo, or that has been designated by the US Government as a"terrorist supporting" country; and that You are not listed on any US Government listof prohibited or restricted parties.
12. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the LicensedApplication, please contact:
CHEVALIER HOUSE, 45-51 CHATHAM ROAD SOUTH, TSIM SHA TSUI, KOWLOON, HONG KONG 999077 Hong Kong email@example.com
The license is valid until terminated by DUPSEE LIMITED or by You. Your rights under this license will terminate automatically and without notice from DUPSEE LIMITED if You Fail to adhere to any term(s) of this license. Upon License termination, You shall stopall use of the Licensed Application, and destroy all copies, full or partial, of theLicensed Application.
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
DUPSEE LIMITED represents and warrants that DUPSEE LIMITED will comply with applicable third-party terms of agreement when using Licensed Application. In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer'sEnd-User License Agreement," subsidiaries shall be third-party beneficiaries of thisEnd User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
15. INTELLECTUAL PROPERTY RIGHTS
DUPSEE LIMITED and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of thatLicensed Application infringes on the third party's intellectual property rights, upsee Limited, and not the Services, will be solely responsible for the investigation,defense, settlement, and discharge or any such intellectual property infringement claims.
16. APPLICABLE LAW
This License Agreement is governed by the laws of Hong Kong excluding its conflicts of law rules.
17.1 If any of the terms of this agreement should be or become invalid, the validity ofthe remaining provisions shall not be affected. Invalid terms will be replaced by validones formulated in a way that will achieve the primary purpose.
17.2 Collateral agreements, changes and amendments are only valid if laid down inwriting. The preceding clause can only be waived in writing.