The following End User License Agreement (“EULA”) constitute an agreement between KAI OS TECHNOLOGIES (HONG KONG) LIMITED, including its affiliates (“we” or “KAI”) and you, and governs your use of Software and Services. Please read this EULA carefully. Please note that you must have the legal right to enter into agreements of this nature in order to use the Software and Services.
You agree to this EULA by using the software named “KaiOS”, including updates, upgrades, any additional and incorporated components, any software (including internet-based software), applications, content or Services KAI makes available pursuant to this EULA, and all software documentation (“Software”).
Note that certain components of our Software are available as open source via various projects (“Open Source Software”). Although the Software is subject to this EULA, Open Source Software is available under its own terms, subject to which you are free to use it in accordance with its terms.
In addition to Open Source Software, the Software can include other third-party software under separate licenses (which, together with Open Source Software are referred to as “Third Party Software”). These Third Party Software can be subject to different license terms which you must accept in order to be able to use them.
1. SCOPE OF LICENSE
The Software and any content accessed through the Software are licensed, not sold. In consideration of your compliance, this EULA only gives you rights to use and run one instance of the Software on your device in which this Software is preinstalled. You may not distribute or make the Software available over a network where it could be used by multiple devices at the same time. KAI, its suppliers and licensees reserve all other rights. Unless otherwise stipulated by applicable law or Third Party Software licensing terms, you may use the Software only as expressly permitted in this EULA. In doing so, you must comply with any technical limitations in the Software that only allow you to use it in certain ways. You shall not:
• duplicate, distribute or modify the Software or publish the Software;
• work around any validation check or technical limitations in the Software;
• Use the Software for any illegal, fraudulent or unauthorized purpose;
• Transmit any worms or viruses, or any code of a destructive nature;
• Provide us false or misleading information;
• Collect from any third parties any personal data or personally identifiable information in violation of any data protection and/or privacy laws;
• reverse engineer, decompile or disassemble the Software, except and only to the extent that applicable law expressly permits, despite this limitation; or
• transfer the Software or this EULA to any third party unless along with the device containing the Software.
If we, in our reasonable discretion, consider that you are violating any laws, the terms of the license or this EULA, we reserve the right to, in addition to any other remedies available, suspend your access to the Software and Services.
2. PRIVACY; CONSENT TO USE OF DATA
3. EXPORT RESTRICTIONS
The Software may be subject to the export control laws and regulations of United States of America or other countries which may restrict or prohibit the export, re-export or transfer of the Software. You must comply with all applicable export and re-export control laws and regulations. For addition information or inquiry, please contact our customer service.
4. ENTIRE AGREEMENT
Because we are constantly developing our Software, we need to reserve the right, at any time and our sole discretion, to change the terms of this EULA. When we do so, we will use our reasonable efforts to notify you of what we have done.
5. APPLICABLE LAW
In the event a dispute arises between you and us, please email to our customer service so we can attempt to resolve it promptly.
This EULA is governed by the laws of Hong Kong without reference to its conflict of law or choice of law principles. If you acquired the Software in the United States of America, the laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
Any translation of this EULA is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this EULA shall govern, to the extent not prohibited by local law in your jurisdiction.
If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this EULA shall continue in full force and effect.
6. DISCLAIMER OF WARRANTY
The Software and Services are licensed “as-is.” You bear the risk of using them. KAI gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this EULA cannot alter. To the extent permitted under your local laws, KAI excludes the implied warranties of merchantability and fitness for a particular purpose.
7. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES
You can recover from KAI only direct damages up to the price you paid for the Software. To the extent permitted under your local laws, you cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
8. USE OF INTERNET-BASED SERVICES
KAI provides internet-based services with the Software (“Services”). The Services may contain e-mail, clock, news groups, forums, communities, personal web pages, calendars, photo albums, cloud cabinets, market place and/or other message or communication facilities designed to enable you to communicate with others. When using such Services, you agree to comply with applicable laws, this EULA and good manners. You agree to use all such Services only for your personal, non-commercial purposes and only to submit and receive messages and material that are proper and related to the particular Services and only after you have obtained any required consents, permissions or licenses that may be legally required for you to submit such material. You accept responsibility for the consequences related to the material that you submit. By way of example, and not as a limitation, you agree that you will not use the Services to publish, post, upload, distribute or disseminate any inappropriate, junk email, spamming or any defame, abuse, unlawful material or information that may harm or damage the Services or the operation of other’s device/property or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Furthermore, you agree not to use any automated systems or means to access, acquire, copy or monitor any part of the Services.
KAI has no obligation to monitor the Services. However, KAI reserves the right to monitor or moderate the Services, review materials posted to the Services and to remove any materials in its sole discretion. KAI reserves the right to terminate or restrict your access to any or all Services at any time without notice for any reason.
KAI reserves the right to disclose any information as KAI deems necessary to be compliant with any applicable law, regulation, legal proceeding or governmental request, or to block, refuse to post or to remove any information or materials, in whole or in part, at KAI’s sole discretion.