Please read the following terms and conditions carefully before installing the software. Do not install or use the software until you have read and accepted all of the license terms.

 

This EULA is an agreement between the end user (hereinafter referred to as You or Licensee) and POCKETECH and the developer and owner of the program and software (hereinafter referred to as Tiger Data Recovery, Tiger Data Backup, Tiger Passsword Recovery and Tiger Location Changer, Licensed Software or SOFTWARE). By using this software, you agree to be bound by the terms of this EULA.

 

IMPORTANT: POCKETECH PRIVACY POLICY EXPLAINS HOW WE COLLECT, TREAT YOUR PERSONAL DATA AND PROTECT YOUR PRIVACY WHEN YOU USE OUR SOFTWARE AND SERVICES. BY USING OUR SOFTWARE AND SERVICES, YOU AGREE THAT POCKETECH CAN USE SUCH DATA IN ACCORDANCE WITH OUR PRIVACY POLICY. YOU ALSO AGREE TO BE BOUND BY THE PRIVACY POLICY OR PRIVACY NOTICE PUBLISHED BY POCKETECH ON ITS WEBSITE. BY DOWNLOADING, ACCESSING, INSTALLING OR USING THE SOFTWARE, DOCUMENTATION, COLLECTIONS FROM POCKETECH EFFECTS STORE (collectively “SOFTWARE”), YOU ALSO AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT.

 

Please read this agreement carefully before downloading or installing the software. Top attention should be paid to such clauses including but not limited to Article 3, 5, 14, 15, 16, 19. If you disagree with or have any questions concerning this END USER LICENSE AGREEMENT (EULA), please contact POCKETECH. Any installing, copying, accessing, or using the Licensed Software by you (the “Licensee”) constitutes an acceptance of, and a promise to comply with, all the terms and conditions of this EULA.

 

TERMS AND CONDITIONS:

1. LICENSED SOFTWARE

The “Licensed Software” 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: third party computer information or software that the Licensor has licensed for inclusion in the Licensed Software; written materials or files relating to the Licensed Software (“Documentation”); fonts; modified versions, updates, additions, and copies of the Licensed Software, if any.

 

2. GRANT OF THE LICENSE

Subject to the terms and conditions of this Agreement and your payment of the license fee, POCKETECH hereby grants you (an individual) the limited, revocable, personal, non-exclusive, and non-transferable right to download, install and activate the Software on one device solely for your personal, private and non-commercial use, except as otherwise provided in this Agreement or additional EULA. 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 POCKETECH in advance. POCKETECH reserves all rights not expressly granted to You in this Agreement.

 

3. LICENSE RESTRICTIONS

3.1 Licensee may not and agrees not to or enable others to modify, adapt, translate, sublicense, rent, lease, or loan all or any portion of the Licensed Software or Documentation; and

3.2Licensee may not and agrees not to or enable others to create any derivative works from all or any portion of the Licensed Software or Documentation; and Licensee may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Licensed Software; and

3.3 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

3.4 Licensee may not and agrees not to or enable others to use the Licensed 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

3.5 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

3.6 Licensee may not and agrees not to or enable others to use the Licensed Software to host applications for third parties, as part of a facility management, timesharing, service provider, or service bureau arrangement; and

3.7 Licensee may not install the Licensed Software on other devices after the Licensed Software has been installed on one device without Licensor’s prior consent.

3.8 Licensee may not and agrees not to or enable others to use the Licensed Software in any manner that is illegal or not authorized by this EULA;

 

4. INSTALLATION

Licensee can only install one copy of the Licensed Software on a single device. The Licensee must be the primary user of the device on which the Licensed Software is installed. This Agreement shall apply to all installations of the Licensed Software. Installation of the Licensed 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.

 

5. SOFTWARE IMPROVEMENT PROGRAM

POCKETECH 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 of POCKETECH.

 

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 POCKETECH 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.

 

6. ACTIVATION

 

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 machine 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 Licensed 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.

 

7. EVALUATION COPY

 

Licensee may be granted an evaluation copy of the Licensed 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.

 

8. TERM

There are several kinds of License which Licensee may choose to purchase. If the Licensee choose to purchase a lifetime license, you may use it until terminated. If you choose to purchase a license for a specific period of time, 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.

 

9. LICENSE TRANSFER

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.

 

10. SOFTWARE UPDATES

Licensor may provide Licensee with Software Updates and/or Content 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 and/or Content 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. “Content Update” shall mean an update of the content used by the Licensed Software that might need to be updated from time to time. 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 Licensed 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 and/or Content 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 Licensed Software may require Content Updates in order to work effectively. 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.

 

11. INTELLECTUAL PROPERTY OWNERSHIP

 

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 People’s Republic of China and 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 Licensee can develop plug-ins properly based on the open interface protocol of the Licensed Software and use them in the licensed software based on licensee’s individual legitimate needs，but firstly licensee must obtain explicit and prior written authorization from Licensor. If Licensee fails to get the aforementioned authorization, all the legal liabilities, including but not limited to any loss of or damage to any third party will be solely born by Licensee.

 

12. SUPPORT

 

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.

 

13. TERMINATION BY POCKETECH

 

Subject to the terms and conditions stipulated in Article 8, POCKETECH shall be entitled to terminate this EULA 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 POCKETECH. 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.

 

14. NO WARRANTY ON LICENSED SOFTWARE

 

THE LICENSED 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.

 

SOME FUNCTIONS OF THE LICENSED SOFTWARE (HEREINAFTER REFERRED TO AS “RESTRICTED FUNCTIONS”) ARE ONLY SUPPORTED BY USING THE THIRD PARTY PLUG-INS WHICH HAVE BEEN INSTALLED ON YOUR DEVICE. YOU AGREE THAT IT IS YOU, NOT LICENSOR, WHO ARE USING THE THIRD PARTY PLUG-INS. YOU SHALL NOT USE THE RESTRICTED FUNCTIONS OF THE LICENSED SOFTWARE UNLESS YOU HAVE GOT PROPER AUTHORITY TO USE THE THIRD PARTY PLUG-INS. FURTHERMORE, ALL THE RESPONSIBILITIES OF USING SUCH THIRD PARTY PLUG-INS WILL BE SOLELY BORNE BY YOU.

 

YOU EXPRESSSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF POCKETECH 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 POCKETECH OR AN AUTHORIZED REPRESENTATIVE SHALL CREAT WARRANTY.

 

THE SOFTWARE MAY CONTAIN “OPEN SOURCE” MATERIALS (E.G., ANY SOFTWARE SUBJECT TO OPEN SOURCE, COPYLEFT, 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). POCKETECH MAKES NO WARRANTIES WITH RESPECT TO OPEN SOURCE MATERIALS CONTAINED IN THE SOFTWARE. THESE EULA’S PROVISIONS ON RESTRISTION OF LIABILITY SHALL APPLY.

 

15. LIMITATION OF LIABILITY

 

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 LICENSED SOFTWARE, IF ANY.

 

IF THE SOFTWARE IS SUBJECT TO A THREATENED, POTENTIAL OR ACTUAL CLAIM OF INFRINGEMENT OF ANOTHER’S RIGHT FOR WHICH POCKETECH MAY BE LIABLE, THE LICENSEE WILL MAKE PROMPT AND REASONABLE EFFORTS TO STOP USING AND DELETE THE SOFTWARE UPON RECEIVING THE COMPANY’S WRITTEN NOTICE (INCLUDING BY EMAIL), POCKETECH MAY PROVIDE LICENSEE WITH A REPLACEMENT OR UPDATED OR MODIFIED SOFTWARE FREE OF CHARGE. IN SUCH CIRCUMSTANCE, POCKETECH SHALL NOT BEAR OTHER LIABILITIES TO YOU.

 

POCKETECH’S WEBSITES AND PRODUCTS MAY INCLUDE PRODUCTS OR SERVICES OWNED BY THIRD PARTY WEBSITES. SUCH PRODUCTS OR SERVICES OWNED BY THIRD PARTY WEBSITES ARE ONLY FOR YOUR CONVENIENCE. POCKETECH SHALL NOT BE RESPONSIBLE FOR THE LICENSE RESTRICTIONS AND LEGALITY OF ANY CONTENT OF SUCH PRODUCTS OR SERVICES OWNED BY THIRD PARTY WEBSITES. YOU MIGHT NEED TO REVIEW AND AGREE TO APPLICABLE RULES OF USE WHEN USING SUCH PRODUCTS OR SERVICES OWNED BY THIRD PARTY WEBSITES. IN ADDITION, A LINK TO THIRD PARTY WEBSITE DOES NOT IMPLY THAT POCKETECH ENDORSES THE SITE OR THE PRODUCTS OR SERVICES REFERENCED THEREIN.

 

16. INDEMNIFICATION

 

LICENSEE 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 LICENSED SOFTWARE FROM ANY THIRD PARTY. LICENSEE’S OBLIGATIONS UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT.

 

17. END-USER GENERATED CONTENT

 

The Licensed Software enables the Licensee to enter content that will be stored on the device on which the Licensed Software is installed (such content shall be referred to herein as the “End-User Generated Content”). Licensee is solely responsible for Licensee’s use, storage and disclosure of the End-User Generated Content. Licensee may only use the End-User Generated Content responsibly, in a manner consistent with the exercise of good judgment. The Licensed Software may permit the Licensee to enter, copy, edit Content that constitutes non-public personal information of individuals other than the Licensee; the Licensee shall not use, store or disclose any such information without the express consent of the individuals to whom it relates. If Licensee is having difficulty deciding whether Licensee’s intended use is appropriate, or whether Licensee needs written permission, or whether other legal issues should be considered, the Licensor strongly encourages Licensee to seek competent legal counsel. The Licensor will not assist Licensee in making this determination, nor can the Licensor provide Licensee with legal advice as to intellectual property rights or privacy laws.

 

Licensee may only use End-User Generated Content which belongs to Licensee and will not violate the rights of others therein. The Licensor will not edit or monitor any and all Content; Licensee therefore assumes exclusive responsibility for the monitoring thereof. Licensee may not use the Licensed Software in conjunction with content that is illegal, obscene, indecent, defamatory, incites racial or ethnic hatred or violates the rights of others, or is in any other way objectionable.

 

Licensee is responsible for independently verifying the accuracy and completeness of Licensee’s contents (e.g. any technical illustrations or diagrams for operation guides, parts catalogs, schematics, writing diagrams, assembly instructions, maintenance manuals, architectural presentations or other materials You create and/or modify using Our Software).

 

If Licensee or Licensee’s attorney determines that Licensee is required by law to obtain written permission to use portions of the End-User Generated Content, Licensee must request permission for reproduction, redistribution, or modification of the Content from the appropriate owner of the subject materials (as may be cited in the Licensed Software). If, on the other hand, Licensee or Licensee’s attorney determines it is permissible to proceed and include End-user Generated Content from the Licensed Software, the Licensor asks Licensee to correctly designate the Licensor trademark(s) when referring to the Licensed software in the notice or copyright portion of Licensee’s paper, project, or product. Licensee shall indemnity, hold harmless, and defend the Licensor and the Licensor suppliers from all claims, damages, attorneys’ fees, costs, and lawsuits that arise from, or result from, Licensee’s use or distribution of any and all Content and its use of the Licensed Software.

 

18. EXPORT RESTRICTIONS

 

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.

 

19. LICENSEE PUBLICITY RIGHTS

 

During the term of this EULA, Licensee grants Licensor the right to include Licensee as a customer in software promotional material.

 

Licensee can deny Licensor this right by submitting a written request via email to [email protected] and requesting to be excluded from software promotional material. Confirmation of such denial (via reply email) must be received prior to purchasing for this exclusion to be effective.

 

Should the Licensee come to be or already be included in product promotional material, as a result of any prior purchases where the Licensee did not request exclusion from product promotional material, the Licensee can at any point in time, submit a written request via email to [email protected] to have POCKETECH remove the Licensee’s name and other information from product promotional material. Upon receipt of such request, POCKETECH will remove any reference to the Licensee from such promotional material within 30 days and make no further reference to the Licensee.

 

20. GOVERNING LAW AND DISPUTE RESOLUTION

 

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.

 

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.

 

 

ADDITIONAL EULA TERMS (DR.FONE, MOBILETRANS, RECOVERIT)

This Additional EULA Terms shall apply to Dr.fone, MobileTrans, and Recoverit (collectively referred to as Software). this Additional EULA shall not apply to other POCKETECH software products except as otherwise provided by POCKETECH.

 

IMPORTANT: This Additional EULA Terms is part of “POCKETECH Software END USER LICENSE AGREEMENT”. By installing the Software, the End User (hereinafter referred to as you or the End User) is agreeing to be bound by this Additional EULA Terms, together with all the terms and conditions of “POCKETECH Software END USER LICENSE AGREEMENT”.

 

1. GRANT OF LICENSE

 

This EULA grants you the following rights with respect to the SOFTWARE:

POCKETECH hereby grants you a revocable, personal, non-exclusive and nontransferable license to install and activate the Software on only one device(including but not limited to computer, cellphone, tablet computer, etc) for your personal and non-commercial use unless you have bought a commercial or business license. You may not make the Software available on a network, or in any way provide the Software to multiple users, unless you have first purchased at least a Business license or a Multi-users license from POCKETECH. For Business License, you must provide the Software to multiple users according to the number of pieces you choose to buy at the time of purchase.

 

POCKETECH have the right to stipulate a different restriction about the number of device Software can be installed on in the product description at the time of purchase.

 

2. LIMITATION OF USE

 

The trial license has fewer functions compared with personal license and business license, and can only be used for a specific period of time. After such period, you must purchase a personal license or business license if you want to continue to use. If you have bought a Personal License, you are restricted from using this Software for commercial or financial gain, including but not limited to, performing technical or consulting services.

 

If you are a service provider or managed service provider ( collectively, “MSP”) that provides software and systems management services, you must buy a Business License rather than a Personal License. And you may, subject to the terms and conditions of this EULA, use the Software in the performance of the foregoing services. Deployment for the purposes of servicing multiple customers concurrently per Software license is permitted only with a Commercial license. MSP may not permit their customers to access and/or use the Software directly, either via a hosted software solution or a hosted or leased hardware solution.

 

If you contract with a third party to perform services such as network management, monitoring, implementation, consulting or other outsourcing services for you (the “Consultant”), the Consultant may use the Software licensed by you solely for your benefit in the performance of such contract, provided, however, that you ensure that the Consultant uses the Software in accordance with the terms of this EULA. Notwithstanding the foregoing, the Consultant is not authorized under your license to use the Software for its own internal business use.

 

3. PROTECTION OF PRIVACY

 

POCKETECH respects and protects your privacy, and will not share, sell, use or disclose your personal information to any third-parties, unless your written agreement under related law and regulation.

 

Under the following conditions, POCKETECH will disclose your personal information based on your will or the laws. You will be responsible for the resulting problems.

 

Obtain your prior authorization;

Reveal your personal information to offer products and services requested by you;

According to relevant laws, regulations or requirements of the relevant government agencies;

To protect POCKETECH’s legal rights and interests;

You violate the provisions of the EULA;

 

4. TERM OF LICENSE

 

The purchase of a license gives the End User the right to use the Software for a specific period of time or lifetime, which is decided by the license period you choose to buy.

 

5. COPYRIGHT

 

All title and copyrights in and to the SOFTWARE(including but not limited to any images, photographs, animations, video, audio, music, and text incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE are owned by POCKETECH or its suppliers. The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material, and may not remove or conceal any proprietary notices, labels or marks from the Software.

 

6. DISCLAIMER OF WARRANTY

 

POCKETECH DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAD FULL OPPORTUNITY TO TEST THE SOFTWARE BEFORE ANY LIVE, PUBLIC OR PRODUCTION USE, SO THAT YOU ASSUME FULL RESPONSIBILITY FOR SELECTING AND USING SOFTWARE, AND THAT IF YOU USE SOFTWARE IMPROPERLY OR AGAINST INSTRUCTIONS, YOU MAY CAUSE DAMAGE TO YOUR COMPUTER, CELLPHONE, TABLET COMPUTER, OTHER FACILITIES AND FACILITY SYSTEM. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SOFTWARE IS BORNE BY YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary by jurisdiction.

 

7. MISCELLANEOUS

 

POCKETECH DOES NOT ALLOW YOU TO UTILIZE OUR SOFTWARE TO DO ANYTHING THAT VIOLATES THE LOCAL LAW OR INFRINGE ANY PARTY’S RIGHTS OR INTELLECTUAL PROPERTY. IF YOU UTILIZE OUR SOFTWARE TO DO THE ILLEGAL ACTIVITY OR INFRINGE OTHER’S RIGHTS, THE CONSEQUENT RESULT SHALL BE ON YOUR OWN RESPONSIBILITY. IF YOU DISAGREE WITH THIS ITEM, PLEASE DON’T INSTALL AND/OR USE THE SOFTWARE.

 

Adolescents may not use the services provided by POCKETECH to browse the content of any illegal, obscene, pornographic and other violations of public order and morals.

 

To the maximum extent permitted by law, the final interpretation is left to our discretion. Should you have any questions concerning this EULA, or if you desire to contact POCKETECH for any reason, please write to us.

 

If there is any conflict between this Additional EULA Terms and the “POCKETECH Software END USER LICENSE AGREEMENT” this Additional EULA terms shall prevail.

 

Additional Terms for POCKETECH Drive

1. Acceptance

 

The Services are offered subject to your acceptance of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, POCKETECH’s Privacy Policy) and procedures that may be published from time to time by POCKETECH related to the Services, client software and websites  (“Services”), which shall be incorporated herein by reference.  By accessing, registering for and/or using the Services in any manner you agree to the Terms.  If you do not agree to the Terms, do not use the Services.  You, user have the same meaning, POCKETECH, we have the same meaning.  

 

2. Changes to the Terms

 

We may make changes to the Terms and/or our other operating rules, policies and/or procedures from time to time, in our sole and absolute discretion. We will notify you of any changes to the Terms by posting the updated Terms on POCKETECH’s website and/or the Services.  Any changes to our operating rules, policies and/or procedures shall be incorporated herein.  It is your responsibility to review the Terms frequently and to remain informed of any changes to them. The then-current version of the Terms will supersede all earlier versions.  You agree that your continued use of the Services after such changes have been published will constitute your acceptance of such revised Terms and operating rules, policies and/or procedures (as applicable).

 

3. Definitions

 

“POCKETECH Drive” or “Services” means our services, client software and websites.

 

“System” refers to the software systems and programs, the communication and network facilities, and the hardware and equipment used by POCKETECH or its agents to make available the Services via the Internet.

 

4. Grant of the License

 

4.1. By using the Services and subject to your compliance with the Terms and your payment of the subscription fee or license fee: (i) POCKETECH grants to you a limited, non-exclusive, non-transferable, revocable right to use and/or access the Services; and (ii) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell and/or re-sell any content, software, products and/or services obtained from and/or through the Services without the express prior written permission of POCKETECH.

 

4.2. Our Services are protected by applicable intellectual property laws, including China copyright law, United States copyright law and international treaties. POCKETECH reserves all rights not expressly granted to you in this Terms.

 

5. Scope of Use

 

5.1. Use of Services.  POCKETECH retains the right, in its sole and absolute discretion, to deny access to and/or use of the Services to anyone at any time and for any reason.  While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time. You are solely responsible for ensuring that your access to and/or use of the Services is in compliance with all laws, rules and regulations applicable to you and the right to access and/or use the Services is revoked where your access to and/or use of the Services is prohibited. Further, the Services are offered only for your use, and not for the use and/or benefit of any third party.

 

5.2. Creating an Account.  To sign up, access and/or use the Services, you must create an account (an “Account”).  You agree that POCKETECH will not be liable to you and/or to any third party for any suspension and/or termination of your Account and/or any refusal of any access to and/or use of the Services (or any portion thereof).  You must provide accurate and complete information and keep your Account information updated. You are solely responsible for maintaining the security of your Account, and you are fully responsible for all activities that occur under your Account and any other actions taken in connection with your Account. Your Account is non-transferrable and may not be sold, combined and/or otherwise shared with any other person.  If you violate the Terms we may terminate your account immediately.

 

5.3 You must follow all the procedures and instructions We publish on our websites during your use of our Services.

 

6. UsageLimitations and Customer Responsibilities

 

POCKETECH’s provision of the Services is conditioned on Customer’s acknowledgement of and agreement to the following:

 

1. Between POCKETECH and customer, customer has exclusive control over and responsibility for your files, content, messages, contacts, and so on (“Your Stuff”).When you use our Services, you provide us with Your Stuff. These Terms don’t give us any rights to Your Stuff except for the limited rights that enable us to offer the Services.

 

1. We need your permission to do things like hosting Your Stuff, backing it up, and sharing it when you ask us to. Our Services also provide you with features like sharing, searching, image thumbnails, document previews, easy sorting and organization, and personalization to help reduce busywork. To provide these and other features, POCKETECH Drive accesses, stores, and scans Your Stuff. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with;

 

1. Customer agrees it is solely responsible for the accuracy and appropriateness of instructions given by it and its personnel to POCKETECH in relation to the Services, including without limitation instructions through its Account as made by the assigned Account Administrator(if applicable).

 

7. Payment

 

POCKETECH may provide several kinds of subscription plan which you may choose to purchase. You can refer to POCKETECH’s subscription introduction web pages before making a purchase. The introduction web pages also constitute an effective part of this Terms.

 

8. User Content

 

8.1. The Services may enable you to submit, upload, or otherwise make available (collectively, “upload”) content such as files, content, messages, contacts, and so on (“Your Stuff”) to System.

 

8.2. You agree that you will not under any circumstances transmit any User Content  that:

 

(i) is unlawful and/or promotes unlawful activities;

 

(ii) defames, harasses, abuses, threatens, or incites violence towards any individual or group;

 

(iii) is pornographic, discriminatory and/or otherwise victimizes and/or intimidates an individual and/or group on the basis of religion, gender, sexual orientation, race, ethnicity, age and/or disability;

 

(iv) is spam, is machine- or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation and/or any form of lottery and/or gambling;

 

(v) contains and/or installs any viruses, worms, malware, Trojan horses and/or other content that is designed or intended to disrupt, damage and/or limit the functioning of any software, hardware, and/or telecommunications equipment and/or to damage and/or obtain unauthorized access to any data and/or other information of any third party;

 

(vi) infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity and/or other rights;

 

(vii) violates the privacy of any third party.

 

8.3. POCKETECH does not undertake to screen, review, edit, censor and/or otherwise filter and/or control User Content and/or the behavior of users of User Content and/or the Services. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Terms and/or otherwise create liability for us or any other person.  Such action may include without limitation removing and/or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities.

 

9. Electronic Communications

 

By using the Services, you agree to receive certain communications in connection with the Services. The communications between you and POCKETECH use electronic means, whether you use the Services or send us emails, or whether POCKETECH posts notices on the Services or communicates with you via email.  For contractual purposes, you (i) consent to receive communications from POCKETECH in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that POCKETECH provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be a hardcopy in writing.  The foregoing does not affect your non-waivable rights.  

 

10. Termination by POCKETECH

 

POCKETECH shall be entitled to terminate this Terms immediately upon serving written notice on you in the following circumstances: if you commit a material breach of any of its obligations under this Terms which is not capable of remedy or if you commits a material breach of any of its obligations under this Terms which is not remedied within fifteen (15) calendar days after receipt of a notice from POCKETECH. Termination of this Terms 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.

 

POCKETECH may decide to discontinue the Services in response to exceptional unforeseen circumstances, events beyond our control (for example a natural disaster, fire, or explosion), or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice so that you can export Your Stuff from our systems (we will give you no less than 30 days’ notice where possible under the circumstances). If we discontinue the Services in this way before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but haven’t received Services for.

 

11. Storage Limits

 

11.1. During the Term of the Services, POCKETECH will send and store Your Stuff per these Terms of the Subscription Plan. Customer may retrieve and store copies of Your Stuff for storage outside of the System at any time during the Subscription Term, and may delete Your Stuff from the System at its own discretion.

 

11.2. Deletion. POCKETECH may delete an Account and Customer Data, including without limitation Your Stuff (whether complete or not), upon the expiration of the Subscription Term or termination of the Services. According to our business strategy, POCKETECH may provide storage space up to 1G to the Basic Member free of charge. However, if the Basic Member doesn’t use our Services for more than 1 year, POCKETECH reserves the right to cancel your free storage space and delete your Account and Customer Data directly.

 

11.3. Where POCKETECH provides Services involving the provision of storage space, and/or in relation to other relevant services, POCKETECH reserves the right to impose and vary limits and/or restrictions (temporary or otherwise) on the use of the Services, including, without limitation, limits on the storage provided by reference to storage space, time/age of files, number and/or size of files, amount of data down and/or uploaded and/or any other criteria POCKETECH may specify.

 

12. Indemnification

 

YOU WILL INDEMNIFY AND HOLD POCKETECH HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, LIABILITIES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING ATTORNEY’S FEES) ARISING FROM OR RELATING TO YOUR ILLEGAL OR IMPROPER USES OF THE SERVICES FROM ANY THIRD PARTY. YOUR OBLIGATIONS UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS TERMS.

 

13. MISCELLANEOUS

 

This Terms is part of “POCKETECH Software END USER LICENSE AGREEMENT”. By using the Services, you are agreeing to be bound by this Terms, together with all the terms and conditions of “POCKETECH Software END USER LICENSE AGREEMENT” .If there is any conflict between this Terms and the “POCKETECH Software END USER LICENSE AGREEMENT”, this Terms shall prevail.

 

To the maximum extent permitted by law, the final interpretation is left to our discretion.