This Privacy Policy describes the privacy practices for the Website operated by PanSpy (hereinafter "Website" if singular, or, "Websites") and how the Website operated by PanSpy collect and use the personal data you provide on PanSpy Website, with the purpose to use PanSpy Service. It also describes the choices available to you regarding our use of your personal information and how you can access, update and delete this information.
The use of the Website is possible without any indication of personal data; however, if a user wants to use PanSpy Service via our Website, collecting and processing of personal data could become necessary. If the processing of personal data is necessary we generally obtain consent from the user as a data subject.
Please read carefully the following privacy policy which provides you, as the user of the Website and/or Application (the “User” or “You”), with the relevant information regarding the various processing of personal data implemented by PanSpy.
When the User visits to our Website, or purchases a PanSpy product through the Website or the Application, or use our products, PanSpy implements a processing of personal data as follows:
We strive to be compliant with GDPR and implemented data minimization principle. Personal data, as defined above, which we collect, consist of:
(i) full name (first and last), (ii) e-mail address, providing the data subject with the ability to register an account and become a user of our Service with the purpose to use the PanSpy Software correspondingly, (iii) billing information, which includes full address, zip code, city, country, telephone number (not mandatory), (iv) payment method (not full credit card number and expiration date), (v) IP address – assigned by the Internet service provider (ISP) and used by the data subject/user, and (vi) location data – for statistics of user’s areas involvement.
PanSpy uses the information we collect about you for the following purposes: In order for PanSpy to provide the User with the ordered product(s); For the performance of a contract to which the User is party, in accordance with Article 6.1.b of the GDPR and the collected data are necessary in order for PanSpy to identify and bill the User and to charge its bank card number; For Verifying your identity and Providing customer service or support; Analyze your use of our websites and products to better understand how they are being used so we can improve our services and the user experience and engage and retain users.
We may also transmit your personal information with companies that help us to run our business by processing personal information on behalf of us for the purposes identified above. Such companies include providers of payment processing services, server services providers, data analysis services providers, fraud monitoring and prevention providers, email delivery service providers, social media, and other marketing platforms and service providers. In addition, PanSpy may disclose the User’s personal data: - if PanSpy is under a duty to disclose or share such personal data in order to comply with any legal obligation, or in order to protect the rights, property or safety of its business, its customers or others; and - to successors in title or replacement operators of all or part of PanSpy’s respective businesses.
The collected personal data may be transferred by PanSpy to recipients which are located outside the European Union and such destinations may not have laws which protect the User’s personal data to the same extent as in the European Union.
PanSpy ensures that the User’s personal data processed by PanSpy or by its suppliers and partners operating outside the European Union are treated securely and are protected against unauthorized access, loss or destruction, unlawful processing and any processing which is inconsistent with the purposes set out in this privacy policy.
Please find below the relevant information on transfer:
PanSpy will store the collected personal data for the duration of the contract and 60 days after the termination of the contract. Beyond this duration, in order for PanSpy to be able to demonstrate the existence of a right or a contract or a legal obligation, the relevant personal data will be stored through intermediary archives for a duration that will not exceed what is strictly necessary regarding the purpose of the storage and in accordance with the applicable legislation.
Regarding banking information, said information will be deleted once the payment has been processed and has become effective. Withdrawal time period could additionally apply. The number and the expiration date of the credit card number (not the CVV security code) could be stored through intermediary archives for evidence purposes in case of a claim regarding the payment, for the duration provided by Article L. 133-24 of the French Monetary and Financial Code (13 months or 15 months in case of deferred charge card).
When the User decides to comment a PanSpy product through the Website or the Application, PanSpy implements a processing of personal data as follows:
Regarding this processing, PanSpy collects the following personal data:
This processing is implemented by PanSpy in order to improve its products and provide the consumers and potential consumers with a better and transparent information about the PanSpy products. Said comments and the related personal data are provided by the User on a voluntary basis so that the processing of the collected personal data relies on the User’s consent. PanSpy may use the comments (with your relevant information) you post for marketing purpose in order for others to better understand and use our products.
PanSpy may transmit the collected personal data to third party email delivery service providers, social medias, other marketing platforms and service providers.
The collected personal data are transferred by PanSpy to recipients which are located outside the European Union and such destinations may not have laws which protect the User’s personal data to the same extent as in the European Union.
PanSpy ensures that the User’s personal data processed by PanSpy or by its suppliers and partners operating outside the European Union are treated securely and are protected against unauthorized access, loss or destruction, unlawful processing and any processing which is inconsistent with the purposes set out in this privacy policy.
Please find below the relevant information on transfer:
PanSpy will store the collected personal data for not more than 5 years after the collection.
The User may want to subscribe to PanSpy’s newsletter in order to be provided with information and news regarding PanSpy products. In this case, PanSpy implements a processing of personal data as follows:
Regarding this processing, PanSpy only collects your provided information such as the User’s email address, name or nickname, country, preferred product, and your operation to the promotion emails.
PanSpy implements the processing of personal data in order to provide consumers and potential consumers with information and news regarding PanSpy products. The subscription to PanSpy’s newsletter and the related provision of personal data is made on a voluntary basis so that the processing of the collected personal data relies on the User’s consent.
PanSpy may transmit the collected personal data to providers of email delivery service and other service providers such as data analysis providers and server providers.
The collected personal data are transferred by PanSpy to recipients which are located outside the European Union and such destinations may not have laws which protect the User’s personal data to the same extent as in the European Union.
PanSpy ensures that the User’s personal data processed by PanSpy or by its suppliers and partners operating outside the European Union are treated securely and are protected against unauthorized access, loss or destruction, unlawful processing and any processing which is inconsistent with the purposes set out in this privacy policy.
Please find below the relevant information on transfer:
PanSpy may transfer the collected information to providers of email delivery service providers to send newsletters or promotion emails. PanSpy may store the collected information on the servers leased from providers of server service.
PanSpy may use third party track tools(such as Google Analytics) to track the information on the user’s operation to the advertising emails, such information will be stored in third party servers. Such third party track tools may send the data analysis report to PanSpy for PanSpy’s above mentioned purpose.
PanSpy will store the collected personal data for 3 years from their collection or from the last contact from the User (whichever is later). At the end of this 3 years time period, PanSpy may contact the User in order to know if the User wishes to keep receiving commercial information from PanSpy. In case PanSpy would not receive any positive and explicit answer from the User, the personal data would be deleted or archived in accordance with the applicable legislation.
When the User consults the Website and/or the Application, PanSpy implements cookies and other trackers on the User’s device.
For additional information on cookies and trackers, please read PanSpy’s cookies policy https://www.panspy.com/cookie-policy.html.
To the extent required by the law of your jurisdiction, you may have below rights. Before you exercise below rights, you may consult your legal counsel if the laws of your jurisdiction stipulate below rights.
| Rights | Content |
|---|---|
| The right to be informed | The User shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. |
| The right of access | The User shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. |
| The right to rectification | The User shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement. |
| The right to erasure | The User shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay. This ‘the right to be forgotten’ enables the User to request the deletion or removal of its personal data where there’s no compelling reason for PanSpy to keep using it. This is not a general right to erasure; there are exceptions. |
| The right to restrict processing | Under certain circumstances, the User shall have the right granted by the European legislator to obtain from the controller restriction of processing |
| The right to data portability | The User hshall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided |
| The right to object to processing | The User shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her. This also applies to profiling based on these provisions. |
| The right to lodge a complaint | The User shall have the right granted by the European legislator to lodge a complaint about the way PanSpy handles or processes its personal data with its national supervisory authority (in France, the CNIL). |
| The right to withdraw consent | If the user has given its consent for a specific processing of its personal data implemented by PanSpy, the User shall have the right granted by the European legislator to withdraw its consent at any time. In case the User does so, it does not mean that anything PanSpy has done with the User’s personal data with its consent up to that point is unlawful). |
| The right to define instructions | The User shall have the right granted by the European legislator to define general or specific instructions regarding storage, deletion and use of its personal data after death. |
Occasionally, we may change this privacy policy (or other documents related to privacy policy) to allow PanSpy to use or share your personal data in a different way. If we do, the links to the policy on our websites (which are generally found in the footer of the website) will indicate that the policy has been changed. For new users, the change will become effective upon posting. For existing users, if the change is significant, it will become effective 30 days after posting. We encourage you to periodically review the privacy policy for the latest information on our privacy practices.
If the User needs to contact PanSpy for any reason (including to exercise any of its rights in relation to data protection as set out above) please contact our support team. PanSpy will act on the User’s requests and provide information free of charge, except where the requests are manifestly unfounded or excessive (in particular because of their repetitive nature) in which case PanSpy may charge a reasonable fee (taking into account the administrative costs of providing the information or communication, or taking the action requested), or refuse to act on the request.
This PanSpy End User License Agreement (Agreement or EULA) is between the end user(hereinafter referred to as You or Licensee), and PanSpy Team (collectively referred to as We or Licensor), the developer and owner of the program and software (hereinafter referred to as Software or PanSpy).
Please read this agreement carefully before downloading or installing the software. Top attention should be paid to such clauses including but not limited to Article3, 5, 6, 14, 15, 16. If you disagree with or have any questions concerning this EULA, please contact PanSpy Team. Any installing, copying, accessing, or using the Software by you constitutes an acceptance of, and a promise to comply with, all the terms and conditions of this EULA.
IMPORTANT: BY DOWNLOADING, ACCESSING, INSTALLING OR USING THE SOFTWARE, DOCUMENTATION YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE TO INSTALL THIS SOFTWARE ONLY ON A DEVICE OR DEVICES OWNED BY YOU OR YOU HAVE GOT CLEAR PERMISSION AND CONSENT FOR SUCH INSTALLATION FROM THE OWNER OF DEVICE, AND, FOR CLOUD-BASED OR OTHER MONITORING THAT DOES NOT REQUIRE INSTALLATION ON A DEVICE, TO USE IT ONLY IN CONNNECTION WITH AN ACCOUNT, APPLICATION, OR PROGRAM YOU HAVE THE LEGAL AUTHORITY TO ACCESS. YOU ALSO AGREE TO INFORM ANY PERSON(S), WHO USE(S) A DEVICE WITH THE SOFTWARE INSTALLED AND ANY OTHER PERSON WITH THE RIGHT TO ACCESS A MONITORED ACCOUNT OF THE PRESENCE OF THE SOFTWARE. FAILURE TO COMPLY HEREWITH MAY RESULT IN BREAKING APPLICABLE LAW BY YOU. YOU UNDERSTAND AND AGREE THAT YOU SHALL BE RESPONSIBLE FOR ANY LEGAL COSTS INCURRED BY THE APPLICATION PROVIDER AND/OR BY ANY PERSON(S), WHO USE(S) A DEVICE WITH THE SOFTWARE INSTALLED RESULTING FROM YOUR IMPROPER OR ILLEGAL USE OF THE SOFTWARE.
The PanSpy includes all of the contents of the files, disk(s), CD-ROM(s), DVDs, or other media for which this EULA is provided, including but not limited to: software that the Licensor has licensed for inclusion in PanSpy; written materials or files relating to PanSpy ("Documentation"); fonts; modified versions, updates, additions, and copies of PanSpy, if any.
Subject to the terms and conditions of this Agreement, Licensor hereby grants you the limited, revocable, personal, non-exclusive, and non-transferable right to download, install and activate the Software on one or more devices which are owned by you and under your control solely for your personal, private and non-commercial use. Sharing the Software with others, or allowing others to view the contents of this Software, is in violation of the License. You may not make the Software available over a network, or in any way provide the Software to multiple users, unless you have purchased a multi-user license from Licensor in advance. Licensor reserves all rights not expressly granted to You in this Agreement.
You may view, review and utilize the Software and any related information provided to you by the Software, but shall not utilize the Software and any related information for any commercial purpose.
You understand that the Site and the Software of PanSpy shall be used only with the aim of (i) parental control of their children, (ii) by employers to monitor the devices, which belong to them and on which the employees work, (iii) on a device, which is of your ownership, (iv) by you with a consent of a device owner. The terms of Child and Employee are defined as below.
Child: Your own legal child that is under the legal age of 18 (as defined by US law). The child must be monitored using a compatible phone that you own. You cannot monitor a child if you hold one of the following relationships:
The Licensed Software is designed for use by those, who have the legal right to monitor the device, account, application, or program, on which it is installed, or which it is used to monitor. The Application Provider cannot provide legal advice to you regarding your use of the Licensed Software. Be aware that it is considered a violation of the applicable law in most instances to install or use surveillance software, such as the Licensed Software, to a mobile phone or other device, account, application, or program you do not have the right to monitor. The law generally requires you to notify the Users or owners of the device, account, application, or program that the device, account, application, or program is being monitored. Failure to do so may result in violation of applicable law, which could result in severe monetary and criminal penalties imposed on the violator. You should consult your own legal advisor with respect to legality of using the Licensed Software in the manner you intend to use it prior to downloading, installing, or using the Licensed Software. You take full responsibility for determining that you have the right to monitor the device, account, application, or program on which the Licensed Software is installed. The Application Provider shall not be held responsible if the User chooses to monitor a device, account, application, or program the User does not have the right to monitor.
You agree not to use the Licensed Software in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other person, and that the Application Provider is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Licensed Software. In case the Licensed Software is installed on the device without permission of the owner, the Application Provider has the right to open un-installation instructions for this person and make sure that the account of a violator is blocked. Please be informed that all the data on PanSpy servers is encrypted to protect the privacy of the account holder, therefore the Application Provider can neither disclose this data to any third parties nor read it from the server side.
Licensee may not and agrees not to or enable others to modify, adapt, translate, sublicense, sell, rent, lease, or loan all or any portion of the Software or Documentation; and Licensee may not and agrees not to or enable others to create any derivative works from all or any portion of the Software or Documentation; and Licensee may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Licensed Software; and Licensee may not and agrees not to or enable others to use a previous version of the Licensed Software after receiving a media replacement or upgraded version as a replacement to a prior version (in such case Licensee must destroy the prior version); and Licensee may not and agrees not to or enable others to use the Software in the operation of any business, aircraft, ship, nuclear facilities, life support machines, communication systems, or any other equipment in which the failure of the software could lead to personal injury, death, or environmental damage; and Licensee may not and agrees not to or enable others to remove or obscure Licensor's copyright or trademark notices, or the copyright and trademark notices of any third parties that Licensor has included in the Licensed Software or Documentation; and Licensee may not and agrees not to or enable others to use the Software as part of a facility management, timesharing, service provider, or service bureau arrangement; and Licensee may not and agrees not to or enable others to use the Software or generated information in any manner that is illegal or not authorized by this EULA; and PanSpy cannot be used to monitor any other individuals (such as a spouse, friend, significant other, parolee, probationer, etc.). This would violate the terms you agreed to at the point of purchase and be subject to immediate termination without reimbursement.
Licensee may install one copy of the Software on a single device. This Agreement shall apply to all installations of the Software. Installation of the Software on two or more devices is prohibited. The Licensee may purchase and install multiple licenses if Licensee wants to install software on two or more devices. Licensee shall be solely responsible for all expenses incurred in Licensee's installation and use of the Licensed Software.
Licensor is committed to helping protect your privacy at all times except as otherwise provided in this Agreement. This statement explains the anonymous data collection process and usage practices for the Software Improvement Program.
In order to provide and improve the software, its features, and user's experience, we will automatically collect, maintain, process and use information concerning the way the various modules and functionalities of Software are being used. Information is also gathered anonymously for the purpose of statistical analysis about Software usage.
We will only use such information for the purpose of providing end users with the best possible software experience. The collected data will not be disclosed, shared, sold, traded or rented to any third parties for marketing purposes. For users who do not wish to enable this service, you may opt-out in the advanced options menu during the installation process.
PanSpy does not collect any information from your phone other than the information required for the Software's successful operation. Your private information is safe with Licensor.
the Licensed Software contains technological measures that are designed to prevent its unlicensed or illegal use. The Licensed Software may contain enforcement technology that limits Licensee's ability to install and uninstall the Licensed Software on a device to no more than a finite number of times, for a finite number of devices and for a defined period in time designated by the purchased License. The Software may require activation during installation and in the Documentation. If any of such applicable activation procedure(s) is not followed, the Licensed Software may only operate for a finite period of time. If activation is required, but the Licensee doesn't complete activation within the finite period of time set forth in the Documentation or explained during installation, the Licensed Software will cease to function until activation has been completed, by which time functionality will be restored. If Licensee has any problem with the activation process, Licensee may contact the Licensor customer service for support.
Licensee may be granted an evaluation copy of the Software free of charge for a finite period of time (the "Evaluation Copy"). Certain features and/or functionality of the Licensed Software may be locked or unavailable in the Evaluation Copy. In order to benefit from all features and functionality of the Licensed Software, Licensee have to purchase a valid license activation key. From the moment that Licensee activates Licensed Software with a valid license key, the Evaluation Copy shall cease from being considered an Evaluation Copy and all the terms of this Agreement shall commence to apply in their entirety.
There are several kinds of License which Licensee may choose to purchase. If you choose to purchase a license for a specific period of time indicated in the Software, you can only use it during the specific period. You may terminate the license at any time by destroying the Software, together with all copies thereof. The License will be terminated automatically or otherwise cease to be effective if you fail to comply with any term(s) or condition(s) of this Agreement. You shall destroy and cease using the Software, together with all copies thereof immediately after the termination of the License.
Licensee may not rent, lease, lend, sell, assign, sub-license, redistribute or transfer the Licensed Software or the License granted by this EULA without prior written consent of the Licensor.
Licensor may provide Licensee with Software Updates from time to time at no charge during the Term of this Agreement. The Licensor may, at its sole discretion, decide if Licensee can get Software Updates free of charge or the Licensee has to pay for the Updates. For the purposes hereof, "Update" means a new version of the Licensed Software containing technical modifications, updated information, altered functionality, or any other changes that are intended by Licensor to improve or to add, delete or otherwise modify any aspect of the Licensed Software. If the Licensed Software is an Update to a previous version, Licensee must possess a valid License to the previous version. Any update provided by the Licensor to Licensee is made on a License exchange basis such that Licensee agrees, as a precondition for receiving an Update, that Licensee will terminate all of Licensee's rights to use any previous version of the Software. However, Licensee may continue to use the previous version only to assist in transitioning to the Updated version. Once an Update has been released, the Licensor may cease service or support for prior versions, without any notice to Licensee. Software Updates may be provided via the Licensed Software or on the Licensor websites. This License does not permit Licensee to obtain and use a Software Upgrade and/or a new Licensed Software version. The Licensor may add new functions, music track, elements, pictures, videos, or delete original functions, music track, elements, pictures, and videos in the Update Software or Upgrade Software.
The Licensed Software and any authorized copies that Licensee makes are the intellectual property of, and are owned by, the Licensor, and by third parties whose intellectual property has been licensed to the Licensor. The structure, organization, and code of the Licensed Software are the valuable trade secrets and confidential information of the Licensor and such third parties. The Licensed Software is protected by law, including without limitation, the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly provided in this EULA, Licensee is not granted any intellectual property rights over the Licensed Software. Licensee may not make or publish any public statement concerning the Licensed Software or the Licensor without the prior express written consent of the Licensor.
the Licensor is not obligated by this EULA to provide Licensee with any technical support services relating to the Licensed Software; however, Licensee may request additional support services for an additional charge or get free e-mail support as the Licensor may offer from time to time during the term of this EULA. E-mail support includes business priority technical assistance for installation and troubleshooting, and upgrade and maintenance coverage.
Subject to the terms and conditions stipulated in Article 8, Licensor shall be entitled to terminate this EULA effective immediately upon serving written notice on the Licensee in the following circumstances; if Licensee commits a material breach of any of its obligations under this EULA which is not capable of remedy or if Licensee commits a material breach of any of its obligations under this EULA which is not remedied within fifteen (15) calendar days after receipt of a notice from Licensor. Termination of this EULA shall not affect any rights, obligations or liabilities of either party which have accrued before termination or which are intended to continue to have effect after termination.
THE SOFTWARE IS PROVIDED TO LICENSEE "AS IS." THE LICENSOR, AND THE LICENSOR SUPPLIERS, AFFILIATES, AGENTS, EMPLOYEES MAKE NO WARRANTY AS TO ITS USE OR PERFORMANCE. THE LICENSOR, AND THE LICENSOR AFFILIATES, MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, EXCEPT FOR, AND TO THE EXTENT, THAT A WARRANTY MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW IN LICENSEE'S JURISDICTION.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SOFTWARE IS AT YOUR SOLE RISK, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY IS WITH YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE WARRANTY.
THE SOFTWARE MAY CONTAIN “OPEN SOURCE” MATERIALS (E.G., ANY SOFTWARE SUBJECT TO OPEN SOURCE, COPY LEFT, GNU GENERAL PUBLIC LICENSE, LIBRARY GENERAL PUBLIC LICENSE, LESSER GENERAL PUBLIC LICENSE, MOZILLA LICENSE, BERKELEY SOFTWARE DISTRIBUTION LICENSE, OPEN SOURCE INITIATIVE LICENSE, MIT, APACHE OR PUBLIC DOMAIN LICENSES, OR SIMILAR LICENSE). LICENSOR MAKES NO WARRANTIES WITH RESPECT TO OPEN SOURCE MATERIALS CONTAINED IN THE SOFTWARE. THESE EULA’S PROVISIONS ON RESTRICTION OF LIABILITY SHALL APPLY.
IN NO EVENT WILL THE LICENSOR, OR THE LICENSOR'S AFFILIATES, ITS EMPLOYEES, AGENTS BE LIABLE FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER, OR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL DAMAGES, OR ANY LOSS OF PROFITS OR SAVINGS, EVEN IF A REPRESENTATIVE OF THE LICENSOR OR ONE OF THE LICENSOR'S AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THESE LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN LICENSEE'S JURISDICTION. THE AGGREGATE LIABILITY OF THE LICENSOR, AND THE LICENSOR AFFILIATES, ITS EMPLOYEES, AGENTS UNDER OR IN CONNECTION WITH THIS EULA, SHALL BE LIMITED TO THE FEES LICENSEE HAS PAID FOR THE SOFTWARE, IF ANY.
IF THE SOFTWARE IS SUBJECT TO A THREATENED, POTENTIAL OR ACTUAL CLAIM OF INFRINGEMENT OF ANOTHER'S RIGHT FOR WHICH LICENSOR MAY BE LIABLE, THE LICENSEE WILL MAKE PROMPT AND REASONABLE EFFORTS TO STOP USING AND DELETE THE SOFTWARE UPON RECEIVING LICENSOR’S WRITTEN NOTICE (INCLUDING BY EMAIL), LICENSOR MAY PROVIDE LICENSEE WITH A REPLACEMENT OR UPDATED OR MODIFIED SOFTWARE FREE OF CHARGE. IN SUCH CIRCUMSTANCE, LICENSOR SHALL NOT BEAR OTHER LIABILITIES TO YOU.
YOU WILL INDEMNIFY AND HOLD LICENSOR HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, LIABILITIES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING FROM OR RELATING TO LICENSEE'S ILLEGAL OR IMPROPER USES OF THE SOFTWARE FROM ANY THIRD PARTY. LICENSEE'S OBLIGATIONS UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT.
You may not use or otherwise export or re-export the licensed software to any countries or territories sanctioned by the United Nations or the USA. By using the licensed software, you represent and warrant that you are not located in any such countries.
This agreement will be governed by the laws of the People's Republic of China without giving effect to the conflict of laws. Any disputes arising out of or in connection with this agreement shall be settled by the Shenzhen Court of International Arbitration in according with its effective rules to the extent not prohibited by local law in your jurisdiction.
Either party's failure to exercise any of its rights or responsibilities shall not constitute or be deemed to be a waiver or forfeiture of any such rights. This agreement is the entire agreement between you and licensor and supersedes any other communications or advertisements with respect to the Software and documentation. If for any reason a court of a competent jurisdiction finds any provision or portion thereof, to be unenforceable, illegal, the remainder of this agreement shall continue in full force and effect. If there is any conflict between this Agreement and the mandatory provision of any law in Licensee’s jurisdiction, the latter shall prevail.
Licensor may update this agreement from time to time, you are considered to accept such update if you keep using the Software. If you cannot accept the updated agreement, you may choose to terminate this agreement according to Article 8. Under such circumstance, Licensor will not bear any liabilities or expenses to you.
ACKNOWLEDGMENT BY INSTALLING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FORE GOING AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSED OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE LICENSE DESCRIBED HEREIN.
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