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). You must have reached the age of majority for the legal jurisdiction that you reside in to access and sign this Agreement. If you have not reached the age of majority, your guardian must agree to or sign this Agreement. Please read this Agreement carefully before you use your Huawei wearable device or download a Software update mentioned in this Agreement. Your use of a Huawei wearable 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 wearable device or download this Software update. You may return your Huawei wearable device to the franchise store, authorised distributor, or retail store where you made the purchase for a refund. However, you should be aware that refunds may be subject to the retail store's return policy. 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 in the Huawei Health app on your phone and retain a copy of this Agreement for future reference.
1.1 The Software under this Agreement refers to:
(1) The software components provided to you with a Huawei wearable 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; and
(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 wearable devices and/or their updates or upgrades may also include software components that are protected by copyrights held by third parties and granted the open source software licence by third-parties ("Open Source Software Components"). Such Open Source Software Components are identified as such through specific licence information provided within the wearable devices, which also indicates the open source software licence applicable to the respective component. For this reason, the terms and conditions of open source software licences shall apply 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 licences. If there are any conflicts between the licence conditions mentioned in this Agreement and the contents of open source software licences with respect to any Open Source Software Components, the open source software licences will prevail.
1.3 The 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 authorised by Huawei, unless otherwise agreed upon.
You are granted a limited and non-exclusive licence to access and use this Software (as defined in Section 1.1) on only one (1) Huawei wearable device or computer, subject to, and in accordance with the terms and conditions of this Agreement. The Software cannot be sold, transferred, or used for any other commercial purposes.
3.1 You may not use or license Huawei technology or Huawei intellectual property to develop software or to design, develop, manufacture, or sell third-party devices or accessories associated with Huawei wearable 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 wearable 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 licence to the Software to another party along with the transfer of ownership of your Huawei wearable device, provided that:
(1) The transfer must include your Huawei wearable device and all the Software;
(2) You do not retain all or part of the Software copies; and
(3) The party that receives the Huawei wearable device and the Software has read and accepted all the terms and conditions of this Agreement.
3.4 Except as otherwise expressly permitted, you shall not, nor allow any other person to copy, reverse engineer, decompile, disassemble or create derivatives of the Software. In addition, you shall not, nor allow others to, or attempt to export the source code of the Software, or decode or modify the Software or any part of the Software or the services that it provides.
3.5 You agree not to use the Software and related update content to engage in the following activities:
(1) Copy or use any part of the Software beyond the scope of this Agreement;
(2) Provide to third parties, or allow third parties to use the whole or part of the Software without obtaining Huawei's written consent (including but not limited to apps, services, object code, and source code);
(3) Use the Software in a deceptive way or for deceptive purposes;
(4) Remove any copyright declarations or prompts contained in the Software;
(5) Attempt to destroy, bypass, change, invalidate or escape from the Software and/or any digital rights management system that is part of the organic composition of the Software; or
(6) Perform other improper or illegal acts.
3.6 When using the Software for storage or copying, you need to be authorised by the relevant rights holders in the corresponding 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 authorised or legally permitted to reproduce. You acknowledge that ownership and intellectual property rights of any material displayed, stored or accessed via your wearable device belong to the owner of the material. Such materials may be protected by copyright law or other intellectual property laws and treaties, and you may need to comply with the usage agreement or terms for such materials belonging to a third party. Unless otherwise agreed upon, this Agreement does not grant you any right to use such materials, nor does it guarantee that you can continue to use them.
3.7 You agree that you should use your Huawei wearable device in a proper manner and acknowledge that you will comply with the requirements for proper use, which include but are not limited to the following:
(1) Ensure that it is safe to use your wearable device when you are walking, driving, or otherwise on the move. Comply with relevant laws, regulations, and traffic rules to avoid traffic accidents or any other risks.
(2) Huawei wearable devices and the Software are not medical devices. Any measurement data and results are for reference only and are not intended as the basis for diagnosis and treatment. For the prevention, diagnosis, or treatment of any disease or condition, please consult medical professionals.
(3) Consult medical professionals before starting exercise with a Huawei wearable device, to ensure that the exercise is suitable for your physical condition. Please rest or consult a doctor if you feel uncomfortable during exercise.
3.8 You agree that you may only use the Software in compliance with all applicable laws and regulations of the country or region in which you reside or use the Software, including but not limited to the local laws of the country or region where you live or download or use the Software and services.
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.
The Huawei Consumer Business Privacy Statement (the "Privacy Statement") provides information about the data that Huawei collects and the ways in which this data is used by Huawei. For use of this Software on your Huawei wearable device, Huawei will collect data from the wearable device in accordance with the provisions of this Agreement and the Privacy Statement. You may refer to the details of the Privacy Statement at https://consumer.huawei.com/en/legal/privacy-policy/worldwide/.
6.1 WHERE YOU CHOOSE TO HELP HUAWEI IMPROVE ITS PRODUCTS AND SERVICES BY PARTICIPATING IN HUAWEI'S USER EXPERIENCE IMPROVEMENT PROGRAMME, HUAWEI AND ITS AFFILIATES/LICENSORS MAY COLLECT DATA FROM YOUR WEARABLE DEVICE FOR ANALYSIS. COLLECTED DATA INCLUDES YOUR WEARABLE DEVICE CONFIGURATION DATA, APP STATISTICAL DATA, AND ERROR LOG DATA, WHICH WILL NOT BE USED TO IDENTIFY YOU.
6.2 HUAWEI ENSURES THAT A SIMILAR AND ADEQUATE LEVEL OF PROTECTION IS AFFORDED TO YOUR DATA AS REQUIRED BY ALL APPLICABLE LAWS AND REGULATIONS. DATA COLLECTED FROM YOUR WEARABLE DEVICE DURING USE 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.
7.1 To provide you with a better user experience, Huawei may provide you with software update services, including, but not limited to, system software updates and app updates. The Software's update service is designed to improve the performance, safety, and reliability of the products and wearable devices, and to meet the customisation needs. The Software's updates can be installed in different ways; software updates include error repairs, system software updates, app updates, and updates to any previously installed software (including all-new versions), and performance enhancements.
7.2 Any update provided by Huawei for replacement or supplemental software is governed by this Agreement, unless such update is accompanied by a separate End-User Licence Agreement, which will prevail. If you decide not to download and use an update provided by Huawei, you understand that you may place the Software under serious security risk or cause the Software to be unusable or unstable. Some of the functions of the Software may be limited based on the version. Updating to the latest version may improve your user experience.
7.3 Your Huawei wearable device will automatically search for and download new update packages to provide you with timely update services. These updates are designed to resolve cyber security loopholes and prevent new threats, and it is important to accept and install security related system updates in a timely manner. Due to the importance of these updates, your wearable device may automatically install some pre-downloaded updates, and will immediately provide update notifications to help you understand the related information. We strongly recommend that you do not change your wearable device's default settings to avoid software issues resulting from delayed updates. You can disable the automatic update service for your wearable device at any time so that your wearable device will not download or install updates automatically.
8.1 The Software enables you to access Huawei and third-party apps and services (individually and collectively referred to as "services") that come with the Software. However, some apps and services may not be available in all languages or in all regions. Different wearable devices may have different Internet access requirements. If your Huawei wearable device supports connecting to the Internet, some functions of the Software may require access to the Internet over Wi-Fi or mobile data to work properly. When you allow the Software to access the Internet using mobile data on your Huawei wearable device or other devices of Huawei or Huawei's ecosystem partners, additional data charges may apply. Please consult your network provider for details. You can disable mobile data on your devices at any time. Some services may provide you with various kinds of information. Huawei and its affiliated companies/licensors make no guarantees with regard to the availability, accuracy, integrity, reliability, or timeliness of the information displayed by any services, including but not limited to the location information, or any other information. In addition, you acknowledge and agree that some of the features of the Software may not be available on some wearable devices depending on the device hardware and data access. Apps and services on your wearable device are provided on an "as-is" and "as-available" basis.
8.2 To ensure and enhance your user experience, the Software provides you with a large number of services. The specific services of the Software are provided by Huawei and its affiliated companies/licensors according to the actual situation. Huawei and its affiliated companies/licensors reserve the right to change content of the services at any time.
9.1 Your Huawei wearable device may include certain third-party apps or services. Such apps or services may display, include, or provide content, data, information, apps, and materials from, or links to certain third-party websites (hereinafter collectively referred to as "third-party software"). Huawei does not own any third-party software or its related intellectual property rights. Therefore, you acknowledge and agree that Huawei does not assume responsibility for providing support for any third-party software, and does not guarantee that third-party software's content or services will maintain their availabilities at any time. Huawei is not liable for any content, advertisements, products, services, and other materials provided by third parties.
9.3 Unless agreed by the third party, you acknowledge and agree not to modify, rent, lease, sub-lease, distribute, or create derivative works based on any third-party software, and may not use it in any unauthorised manner, including but not limited to, using such software to transmit any type of virus, worm, Trojan, or other malicious software, invade a network, and burden the capacity of a network. You further agree not to use any third-party software to harass, abuse, threaten, denigrate, or otherwise use it in a manner infringing the rights of any third party, and warrant that Huawei does not assume any liability for your actions, or any harassing, threatening, defamatory, offensive, infringing, or illegal information or transmission that results from your use of third-party software.
10.1 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 wearable device or computer immediately.
10.2 Sections 6, 11, 12, 13, 14, 16, and 17 shall remain effective after the termination of this Agreement.
11.1 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, 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.
11.2 INSTALLING THIS SOFTWARE MAY AFFECT THE AVAILABILITY OF THIRD-PARTY SOFTWARE, APPS, 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.
11.3 YOU FURTHER ACKNOWLEDGE 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 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.
12.1 HUAWEI WILL NOT TAKE ANY RESPONSIBILITY FOR SOFTWARE USE PROBLEMS CAUSED BY ABUSE, MISUSE, OR UNAUTHORISED MODIFICATION.
12.2 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, 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.
12.3 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 WEARABLE DEVICE.
12.4 The laws of some countries/regions do not allow the exclusion or limitation of certain warranties, guarantees or liabilities. If such laws apply to you, all or part of the exclusions or limitations described herein may not apply to you and you may have additional rights. Nothing in this Agreement affects your legal rights that you are always entitled to as a consumer and which you cannot contractually agree to alter or waive.
Huawei is not obligated to provide any technical support for the Software other than those required by law. No oral or written information or opinion given by Huawei or its authorised representatives constitutes any warranty. If you discover that the Software or its services are defective, you must bear all necessary repair costs.
You may not use or otherwise export or re-export this Software except as authorised by applicable laws and the laws of the jurisdictions in which the Software was obtained.
If you have any questions, comments, or suggestions, please contact us via the online customer service, or submit it to one of our global offices. For a complete list of our offices, please visit the Contact Huawei page.
The validation, interpretation, modification, fulfilment, and dispute settlement of this Agreement are governed by the laws of the People's Republic of China, and does not regard to its conflicts of laws provisions. You agree that this Agreement is signed in Longgang District, Shenzhen. If any dispute arises concerning the content or performance of this Agreement, the dispute shall be settled through friendly negotiation. In the event that the dispute cannot be settled through negotiation, either party could submit the dispute to the People's Court with jurisdiction in the place of signing. You will also benefit from any mandatory provisions of the law of the country/region in which you are a resident. Nothing in this Agreement, including the paragraph above, affects your rights as a consumer to rely on such mandatory provisions of local law. The European Commission provides for an online dispute resolution platform, which you can access at http://ec.europa.eu/consumers/odr/. If you would like to bring a matter to our attention, please contact us.
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: October 30, 2020
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