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END USER LICENSE AGREEMENT
THIS END USER LICENSE AGREEMENT (“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER A SINGLE INDIVIDUAL, OR SINGLE LEGAL ENTITY) AND HUAWEI DEVICE CO., LTD. ("HUAWEI") FOR THE USE OF THE SOFTWARE ACCOMPANYING THIS AGREEMENT. HUAWEI IS ONLY WILLING TO LICENSE THE SOFTWARE TO YOU ON CONDITION THAT YOU ACCEPT ALL OF THE TERMS IN THIS AGREEMENT. BY CLICKING “I AGREE” OR BY INSTALLING OR OTHERWISE USING OR COPYING THE SOFTWARE YOU INDICATE THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, HUAWEI IS UNWILLING TO LICENSE THE SOFTWARE TO YOU AND YOU MAY NOT INSTALL, USE OR COPY THE SOFTWARE, AND YOU SHALL PROMPTLY DESTROY, DELETE, OR RETURN THE SOFTWARE TO YOUR SUPPLIER.
“SOFTWARE” MEANS THE SOFTWARE IN OBJECT CODE PROVIDED UNDER THE TERMS OF THIS AGREEMENT.
SHENZHEN LONG GANG DISTRICT IS THE SIGNING PLACE OF THIS AGREEMENT.
1. GRANT OF LICENSE
IN CONSIDERATION OF YOUR AGREEMENT TO ABIDE BY THE FOLLOWING TERMS, AND SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, HUAWEI HEREBY GRANTS YOU, A NON-TRANSFERABLE, NON-EXCLUSIVE, ROYALTY-FREE, REVOCABLE, WORLDWIDE COPYRIGHT LICENSE (WITHOUT THE RIGHT TO SUBLICENSE) TO USE AND COPY THE SOFTWARE SOLELY FOR THE PURPOSE OF DESIGNING OR DEVELOPING APPLICATIONS.
ALL RIGHTS TO THE SOFTWARE AND ALL INTELLECTUAL PROPERTY RIGHTS CONTAINED THEREIN SHALL REMAIN THE SOLE AND EXCLUSIVE PROPERTY OF HUAWEI. THE SOFTWARE IS LICENSED NOT SOLD. EXCEPT AS EXPRESSLY LICENSED IN CLAUSE 1, IN NO EVENT SHALL THE LICENSE GRANTED IN THIS CLAUSE 1 BE CONSTRUED AS GRANTING YOU EXPRESSLY OR BY IMPLICATION, ESTOPPELS OR OTHERWISE, LICENSES TO ANY INTELLECTUAL PROPERTY RIGHTS, INCLUDING BUT NOT LIMITED TO PATENT RIGHTS, COPYRIGHTS, TRADEMARK OR TRADE SECRET IN THE SOFTWARE.
NO RIGHT IS GRANTED TO YOU UNDER THIS AGREEMENT TO MANUFACTURE, HAVE MANUFACTURED, OR SELL, SUPPLY OR DISTRIBUTE ANY PRODUCTS WHICH HAVE TAKEN INTO USE OR WHICH EMBODY ANY OF THE SOFTWARE OR ANY OF THE INTELLECTUAL PROPERTY RIGHTS EMBODIED THEREIN.
2. RESTRICTIONS
THIS AGREEMENT DOES NOT PREVENT YOU FROM USING THE SOFTWARE FOR INTERNAL BENCHMARKING PURPOSES.
HOWEVER, YOU SHALL TREAT ANY AND ALL BENCHMARKING DATA RELATING TO THE SOFTWARE, AND ANY OTHER RESULTS OF YOUR USE OR TESTING OF THE SOFTWARE WHICH ARE INDICATIVE OF ITS PERFORMANCE, EFFICACY, RELIABILITY OR QUALITY, AS CONFIDENTIAL INFORMATION AND YOU SHALL NOT DISCLOSE SUCH INFORMATION TO ANY THIRD PARTY WITHOUT THE EXPRESS WRITTEN PERMISSION OF HUAWEI.
YOU SHALL REPRODUCE AND NOT REMOVE OR OBSCURE ANY NOTICE INCORPORATED BY HUAWEI IN THE SOFTWARE TO PROTECT HUAWEI’S INTELLECTUAL PROPERTY RIGHTS EMBODIED THEREIN.
YOU SHALL NOT DECOMPILE, DISASSEMBLE, OR REVERSE ENGINEER THE SOFTWARE.
YOU SHALL NOT DISTRIBUTE THE SOFTWARE UNDER AN OPEN SOURCE LICENSE AS LISTED BY THE OPEN SOURCE INITIATIVE (A NON-PROFIT CORPORATION WHOSE WEBSITE IS WWW.OPENSOURCE.ORG), OR OTHER LICENSE WHICH REQUIRES THE SOURCE CODE OR OBJECT CODE OF THE SOFTWARE TO BE LICENSED OR OTHERWISE SHARED WITH ANY THIRD PARTY.
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PLEASE READ THE INSTRUCTIONS COMPLETELY, AND PLEASE NOTE THAT YOU SHOULD USE THE SOFTWARE AT YOUR OWN RISK.
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NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, THE MAXIMUM LIABILITY OF HUAWEI TO YOU IN AGGREGATE FOR ALL CLAIMS MADE AGAINST HUAWEI IN CONTRACT TORT OR OTHERWISE UNDER OR IN CONNECTION WITH THE SUBJECT MATTER OF THIS AGREEMENT SHALL NOT EXCEED THE TOTAL OF SUMS RECEIVED BY HUAWEI FROM YOU FOR THIS AGREEMENT. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE OR EXTEND THE LIMIT.
5. CONFIDENTIALITY
YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE AND ANY BENCHMARKING DATA AND RELATED INFORMATION PROVIDED UNDER THIS AGREEMENT CONTAIN TRADE SECRETS AND CONFIDENTIAL MATERIAL OF HUAWEI AND YOU AGREE TO MAINTAIN ALL SUCH INFORMATION IN CONFIDENCE AND APPLY SECURITY MEASURES NO LESS STRINGENT THAN THE MEASURES WHICH YOU APPLY TO PROTECT YOUR OWN LIKE INFORMATION, BUT NOT LESS THAN A REASONABLE DEGREE OF CARE, TO PREVENT THEIR UNAUTHORIZED DISCLOSURE AND USE. THE PERIOD OF CONFIDENTIALITY SHALL BE INDEFINITE. YOU AGREE NOT TO USE ANY SUCH INFORMATION OTHER THAN IN NORMAL USE OF THE SOFTWARE UNDER THE LICENSE GRANTED IN THIS AGREEMENT.
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THIS AGREEMENT SHALL REMAIN IN FORCE UNTIL TERMINATED. HUAWEI MAY TERMINATE THIS AGREEMENT AT ANY TIME WITH OR WITHOUT ANY CAUSE. UPON TERMINATION OF THIS AGREEMENT, YOU SHALL IMMEDIATELY STOP USING THE SOFTWARE AND CONFIDENTIAL INFORMATION AND DESTROY ALL COPIES OF THE SOFTWARE AND CONFIDENTIAL INFORMATION IN YOUR POSSESSION, TOGETHER WITH ALL DOCUMENTATION AND RELATED MATERIALS. THE PROVISIONS OF CLAUSES 3, 4, 5, 6, 7 AND 8 SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
7. GENERAL
ANY PROVISION OF THIS AGREEMENT WHICH IS PROHIBITED OR UNENFORCEABLE IN ANY JURISDICTION SHALL BE INEFFECTIVE TO THE EXTENT OF SUCH PROHIBITION OR UNENFORCEABILITY WITHOUT AFFECTING, IMPAIRING OR INVALIDATING THE REMAINING PROVISIONS HEREOF.
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