Huawei Device End-User Software Licensing Agreement
IMPORTANT: This agreement is the end-user software licensing agreement (hereinafter referred to as this "Agreement") between you (an individual, company, or any other entity) and Huawei Device Co., Ltd. (hereinafter referred to as "Huawei") for the use of this Software (see Section 1.1 of this Agreement). Please read this Agreement carefully before you use your Huawei device or download a Software update mentioned in this Agreement. Your use of a Huawei device or download of this Software update will be deemed as your acceptance of the constraints mentioned in this Agreement. Otherwise, please do not use any Huawei device or download this Software update. If you do not accept this Agreement,including the consent to use of data explained in Section 6, you may return your Huawei device to the franchise store or authorized distributor of purchase for a refund as long as Huawei's return policy is satisfied. The return policy is implemented in accordance with the relevant laws and regulations of the country/region of purchase. The Software governed by this Agreement does not include the Open Source Software Components as defined in Section 1.2. You may access a copy of this Agreement at any time by visiting Huawei's website (consumer.huawei.com) and retain a copy of this Agreement for future reference.
1. General Terms
1.1 Software under this Agreement refers to: (1) the software components provided to you with a Huawei device, including but not limited to the codes as well as other embedded software, documents, interfaces, content, fonts, and any data stored on it that is protected by copyright held by Huawei or its licensor; (2) updates or upgrades to the software mentioned in (1). The Software excludes the Open Source Software Components in Section 1.2.
1.2 Huawei devices and/or their updates or upgrades may also include software components that are protected by copyrights held by third parties, who have licensed these software components under open source software licenses ("Open Source Software Components"). Such Open Source Software Components are identified as such through specific license information provided within the device also indicating the Open Source Software license applicable for the respective component. For this reason, the terms and conditions of open source software licenses shall be applied when you are using these Open Source Software Components. This Agreement does not alter any rights or obligations you may have under such open source software licenses. If there are any conflicts between the license conditions mentioned in this Agreement and the contents of open source software licenses with respect to any Open Source Software Components, the open source software licenses will prevail.
1.3 Software under this Agreement shall be bound by it, whether it is stored in a read-only memory or any other media or form or it is from an online download location authorized by Huawei, unless otherwise agreed upon.
2. End User Software License
You are licensed to use this Software (as defined in Section 1.1) on a single Huawei device or computer in a limited, non-exclusive way on the condition that you obey the terms and conditions of this Agreement. It cannot be sold, transferred, or used for any other commercial purposes.
3. Limitations of Use
3.1 You may not use Huawei technology or Huawei intellectual property to develop software or design, develop, manufacture, sell, or license third-party devices/accessories associated with Huawei devices without Huawei's prior consent.
3.2 You may make a copy of the Software on a computer hard disk drive or other storage media for the purpose of archiving. You may not distribute or provide the Software through networks so that it is available to multiple devices or computers at the same time.
3.3 You may not sell, rent, lease, lend, sublicense or distribute the entirety or part of the Software to any third party without prior written permission from Huawei. Nonetheless, you may make a one-off permanent transfer of the entire license to the Software to another party along with the transfer of ownership of your Huawei device, provided that: (1) the transfer must include your Huawei device and all the Huawei Software; (2) you do not retain all or part of the Software copies; (3) the party that receives the Huawei device and Software has read and accepted all the terms and conditions of this Agreement.
3.4 Except as otherwise expressly permitted, you may not and agree not to, or to enable any other person to, copy, reverse engineer, decompile, disassemble or create derivative works of the Software.
3.5 While using the Software for storage or copying, you need to be authorized by relevant right holders in particular countries or regions. Huawei Software may be used to reproduce materials so long as such use is limited to the reproduction of non-copyrighted materials, materials for which you own the copyright, or materials you are authorized or legally permitted to reproduce.
3.6 You agree that you shall only use the Software in compliance with all applicable laws and regulations of the countries or regions in which you reside or use the Software.
4. Reservation of Rights
Huawei and its licensors own and retain all rights and titles to the Software and reserve any other rights not expressly granted to you by this Agreement.
6. Consent to Use of Data
6.1 YOU AGREE THAT HUAWEI AND ITS AFFILIATES/LICENSORS MAY COLLECT AND USE DATA FROM YOUR DEVICE (INCLUDING BUT NOT LIMITED TO TECHNICAL INFORMATION) WHERE SUCH COLLECTION AND USE ARE IN CONNECTION WITH YOUR USE OF THE SOFTWARE AND/OR IN FACILITATION OF YOUR USE OR CONTINUOUS USE OF THE FEATURES AND FUNCTIONALITY OF THE SOFTWARE.TO ENABLE HUAWEI TO PROVIDE YOU WITH SOFTWARE UPDATES OR UPGRADES, PRODUCT SUPPORT AND OTHER PRODUCT-RELATED SERVICES, YOU ALSO AGREE THAT HUAWEI AND ITS AFFILIATES/LICENSORS MAY COLLECT SYSTEM AND APPLICATION DATA FROM YOUR DEVICE, INCLUDING YOUR DEVICE NAME, SYSTEM AND APPLICATION VERSIONS, REGIONAL AND LANGUAGE SETTINGS, DEVICE VERSION INFORMATION, DEVICE IDENTIFICATION DATA (IMEI, ESN, MEID, AND SN).
6.2 WHERE YOU CHOOSE TO HELP HUAWEI IMPROVE ITS PRODUCTS AND SERVICES BY PARTICIPATING IN HUAWEI'S EMUI USER EXPERIENCE IMPROVEMENT PROGRAM, HUAWEI AND ITS AFFILIATES/LICENSORS MAY COLLECT DATA FROM YOUR DEVICE FOR ANALYSIS. COLLECTED DATA INCLUDES YOUR DEVICE CONFIGURATION DATA, APPLICATION STATISTICAL DATA, AND ERROR LOG DATA. ALL DATA IS ANONYMIZED BEFORE BEING COLLECTED AND PROCESSED.
6.3 ALL DATA COLLECTED FROM YOUR DEVICE MAY BE PROCESSED OR TRANSFERRED TO HUAWEI AND ITS AFFILIATES/LICENSORS IN COUNTRIES OUTSIDE OF THE COUNTRY YOU RESIDE. THIS MEANS THE DATA MAY BE TRANSFERRED TO OR ACCESSED FROM OTHER JURISDICTIONS WHICH ARE OUTSIDE OF THE COUNTRY WHERE YOU USE HUAWEI'S PRODUCTS OR SERVICES. THESE JURISDICTIONS MAY HAVE DIFFERENT DATA PROTECTION LAWS, OR SUCH LAWS MAY NOT EVEN EXIST. IN SUCH CASES, HUAWEI WILL ENSURE THAT A SIMILAR AND ADEQUATE LEVEL OF PROTECTION IS AFFORDED TO THE DATA AS REQUIRED BY ALL APPLICABLE LAWS AND REGULATIONS.
6.5 THIS DECLARATION OF CONSENT MAY BE WITHDRAWN AT ANY TIME WITH IMMEDIATE EFFECT. IN CASE OF WITHDRAWAL, THE PROVISIONS STIPULATED IN SECTION 7 GOVERNING THE TERMINATION OF THIS AGREEMENT SHALL APPLY.
7. Termination and Ongoing Effectiveness
7.1 This Agreement is effective from the first date you install the Software. You may terminate this Agreement at any time by permanently deleting, destroying and returning, at your own cost, the Software, all backup copies and all related materials provided by Huawei. Huawei or its licensors may terminate this Agreement at any time without notice if you fail to comply with any terms or conditions of this Agreement. Once it is terminated, you MUST stop using this Software and delete all the Software and associated materials already copied and/or installed on your Huawei device or computer immediately.
7.2 Sections 6, 8, 9, 10, 11, 13, and 14 shall remain effective after the termination of this Agreement.
8. Disclaimer of Warranties
8.1 YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NEITHER HUAWEI, ITS LICENSORS OR AFFILIATES NOR THE COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THERE IS NO WARRANTY BY HUAWEI OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM IT.
8.2 INSTALLING THIS SOFTWARE MAY AFFECT THE AVAILABILITY OF THIRD-PARTY SOFTWARE, APPLICATION PROGRAMS, OR SERVICES. THERE IS NO WARRANTY BY HUAWEI THAT THE FEATURES OR SERVICES CONTAINED IN THIS SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THIS SOFTWARE AND ITS SERVICES WILL BE FREE FROM ERRORS/BUGS, OR THAT THIS SOFTWARE WILL PROVIDE CONTINUOUS, PERMANENT SERVICES. IN ADDITION, HUAWEI MAKES NO WARRANTY THAT THIS SOFTWARE WILL BE COMPATIBLE WITH ANY THIRD-PARTY SOFTWARE OR SERVICES.
8.3 YOU FURTHER ACKNOWLEGE THAT THE HUAWEI SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA, OR INFORMATION PROVIDED BY THE HUAWEI SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING BUT NOT LIMITED TO THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.
9. Limitation of Liability
9.1 HUAWEI WILL NOT TAKE ANY RESPONSIBILITY FOR SOFTWARE USE PROBLEMS CAUSED BY ABUSE, MISUSE, OR UNAUTHORIZED MODIFICATION.
9.2 TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL HUAWEI, ITS EMPLOYEES, LICENSORS, OR AFFILIATES BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF HUAWEI OR ITS LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
9.3 IN NO EVENT SHALL HUAWEI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING DEATH OR PERSONAL INJURY RESULTING FROM HUAWEI'S NEGLIGENCE) EXCEED THE AMOUNT YOU PAID FOR YOUR HUAWEI DEVICE.
10. Technical Support
Huawei has no obligation to provide you with any technical support service for the Software under this Agreement.
11. Export Controls
You may not use or otherwise export or re-export Huawei Software except as authorized by applicable laws and the laws of the jurisdictions in which the Huawei Software was obtained.
Any and all notices and correspondence shall be made in written form through registered mail or sent via email with a read receipt.
13. Dispute Settlement and Governing Laws
13.1 This Agreement is governed by and construed in accordance with the laws of the People's Republic of China.
13.2 Any and all disputes arising from or in connection with this Agreement shall first be settled through friendly negotiations between the parties hereto. Otherwise, they shall be submitted to the Shenzhen Arbitration Commission for arbitration, which shall be conducted in accordance with the Commission's arbitration rules in effect at the time of applying for arbitration. The arbitral awards are final and binding upon both parties.
14. Entire Agreement
This Agreement constitutes the entire agreement between you and Huawei governing your use of the Software and supersedes any prior agreements between you and Huawei relating to the use of the Software. You may also be subject to additional terms and conditions that may apply when you use or purchase open source software, third party content, or other Huawei services.
Last updated: March 2016
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