EULA

The following End User License Agreements (“EULA”) governs your use of all products, their associated upgrades, patches, and updates and related services currently provided or which will be provided by Sino-iTech, without limitation.
Updated January 2022
This End User License Agreement (“License Agreement”) is a legal agreement between you as the user (“User”) and Sino-iTech Technology Company Limited (“Licensor”). By accepting this License Agreement by downloading, installing, reproducing, or otherwise using the application provided by Licensor (“Software”), the User enters into this License Agreement, and this License Agreement governs the User’s use of the Software. 1.1 The Licensor is entitled to provide the Software to the User and to grant rights to use the Software under this License Agreement. The Licensor retains all intellectual property rights in the Software, and this License Agreement provides for a limited license for the Software, but not for a sale or transfer of the Licensor’s intellectual property rights.1.2 If the User is accessing the Software on behalf of a company or legal entity, then User is agreeing to this License Agreement for that company or legal entity and User represents that User is authorised to act on behalf of such company or legal entity and to bind such company or legal entity to this License Agreement.1.3 The Licensor primarily supplies the Software to the User by making the Software available for download. The Software may be made available for installation and use on a mobile device.1.4 The Licensor licenses the Software as perpetual licenses. The Perpetual License grants the User a perpetual, remunerable, non-exclusive, non-transferable and non-sublicensable right to install the Software on the same number of mobile devices to the total number of licenses purchased. As a component of the Perpetual License, the respective Licensor may provide the User with generally available updates at its sole discretion. Unless otherwise explicitly agreed in writing, this Perpetual License shall not include upgrades, maintenance and support.1.5 In order to use the Software, the User must install the software on confirmation of the proof of entitlement with the Licensor.1.6 The Licensor will not provide maintenance and support of the Software under this License Agreement, unless otherwise specified in the respective license model or where a separate maintenance and support agreement is in place.1.7 The Licensor may, at its sole discretion, provide documentation for the Software in electronic form to the User, whereas the Licensor retains all intellectual property rights in the documentation. Should additional documentation be required by the User, the effort in creating such documentation may be liable to additional fees and charged to the User.1.8 The Software is licensed, not sold. Except as expressly granted in this License Agreement, there are no other licenses granted to the User, express, implied, by way of estoppel or otherwise. All rights not granted in this License Agreement are reserved by the Licensor.2 General License Terms2.1 The registration of the Software and the right of use are bound to the User and cannot be transferred or sublicensed to third parties without the Licensor prior consent. Any transfer of the right of use must be documented by the Licensor, the User and the third-party assignee. 2.2 The User may only install and use the Software on the same number of mobile devices to the number of licenses purchased. 2.3 The User may not copy, rework, decompile, reverse-engineer, distribute, modify or reproduce the Software except to the limited extent, if any, that applicable law permits such acts notwithstanding any contractual prohibitions. Other uses and exploitations of the Software are not permitted to the User. In particular, the User may not make publicly accessible, rent or otherwise enable third parties to use the Software, and the User may not use the Software for timesharing purposes.2.4 Except to the limited extent that applicable law permits such actions notwithstanding contractual prohibitions, User shall not use or permit any third party to use the Software to create, train, test or otherwise enhance, be it directly or indirectly, a machine learning algorithm or artificial intelligence system that simulates or performs a function similar to any function incorporated in the Software.2.5 The User shall take reasonable precautions in case the Software does not function properly. User shall test the Software prior to productive use, in particular with regards to its usability for the intended purpose. 2.6 The User shall use appropriate safeguard measures for the Software and against access and use by unauthorized third parties.3 Updates and Upgrades3.1 The Licensor may, from time to time and at its sole discretion, develop and provide to the User, where a maintenance and support agreement is in place, updates of the Software for the purpose of remedying defects and with improved functions as well as upgrades with extended functions. For user specific requirements, these will be deemed as chargeable enhancements unique to the User, which will require a change request to be submitted in the form of a Purchase Order or Agreement, detailing the changes required.3.2 The right to use the updates and upgrades is based on the User’s right to use the Software. The User is only entitled to use an update and upgrade if the User has the right to use the Software. An update or upgrade does not give the User any additional or extended right of use to the licensed Software.3.3 If the Licensor provides the User with an update to ensure the stipulated use of the Software or to remove a defect, the User must install the update to continue to use the Software in accordance with this License Agreement. The Licensor is not responsible for defects and damages caused by the User not installing the update. 4 Limitation of Liability4.1 THE LICENSOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES FOR LOST DATA, BUSINESS INTERRUPTION, LOST PROFITS, LOST REVENUE OR LOST BUSINESS, ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE AGREEMENT, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION, ANY SUCH DAMAGES ARISING OUT OF THE LICENSING, PROVISION OR USE OF THE SOFTWARE OR THE RESULTS THEREOF. THE LICENSOR WILL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; AND4.2 THE USER ACKNOWLEDGES THAT THE TERMS IN THIS AGREEMENT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SHALL APPLY EVEN IF AN EXCLUSIVE OR LIMITED REMEDY STATED HEREIN FAILS OF ITS ESSENTIAL PURPOSE WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE.5 General Terms5.1 This License Agreement and any accompanying order confirmation form issued by Licensor constitute the entire agreement between the parties relating to this subject matter and supersedes all prior or simultaneous understandings, representations, discussions, negotiations, and agreements, whether written or oral. Any different or additional terms in any requests for proposal/quote and purchase orders issued by User or any other similar documents provided by User to Licensor are void, rejected by Licensor and not binding on Licensor.5.2 If any provision of this License Agreement is held to be invalid, unenforceable, or incomplete, the remainder of this License Agreement shall continue in full force and effect. The invalid or unenforceable provision or the filling of the gap shall be replaced by the statutory provisions.5.3 The laws of the Hong Kong Special Administrative Region (HKSAR) govern all matters arising out of or relating to this License Agreement without giving effect to any conflict of law principles, and each of the parties irrevocably consents to the exclusive jurisdiction of courts of HKSAR, as applicable, for any matter arising out of or relating to this License Agreement, except that in actions seeking to enforce any order or any judgment, such jurisdiction will be non-exclusive.