END USER LICENSE AGREEMENT
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE WPS OFFICE SUITE OF SOFTWARE PRODUCTS AND ANY ACCOMPANYING DOCUMENTATION, INCLUDING ANY UPDATES AND UPGRADES PROVIDED TO YOU (EXCEPT WHERE SUCH UPDATES OR UPGRADES ARE PROVIDED UNDER SEPARATE AGREEMENT) (COLLECTIVELY, THE “SOFTWARE”).
THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (“AGREEMENT”) GOVERN USE OF THE SOFTWARE UNLESS YOU AND KINGSOFT (“COMPANY”) HAVE EXECUTED A SEPARATE AGREEMENT GOVERNING USE OF THE SOFTWARE.
You are not allowed to download, install or use the Software unless you have obtained a license to the Software in one of the following ways: (1) by obtaining the Software directly from Company or from Company’s website; (2) by obtaining the Software from the Company’s authorized distributors or resellers or retailers who have right to sublicense the Software; or (3) by obtaining the Software from mobile app stores and other e-retailers who have a right to sublicense the Software. Additionally, certain versions of the Software are designed to operate only within a specific operating environment, and you will only be permitted to download, install or use such versions of Software on devices that meet the requirements of the specified operating environment.
Company is willing to license the Software to you only upon the condition that you accept all the terms contained in this Agreement. By downloading, installing or using the Software, you have indicated that you understand this Agreement and accept all of its terms. If you are accepting the terms of this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the terms of this Agreement, and, in such event, “you” and “your” will refer to that company or other legal entity. If you do not accept all the terms of this Agreement, then Company is unwilling to license the Software to you, and you must return the Software to Company prior to any use for a full refund, if you have paid for the license to the Software, or, if Company has made the Software available to you without charge, you must destroy all copies of the Software.
- Grant of License. Conditioned upon your compliance with the terms and conditions of this Agreement and all applicable laws and regulations, Company grants you a non-exclusive and non-transferable license for a single user to load, install, and run the executable form of the Software as follows:
- If the Software is for Windows PC use, then on a worldwide basis except for China (including the Chinese mainland, the Hong Kong special administrative region, the Macao special administrative region, and Taiwan) and Japan, solely on the number of computers and for the term for which you have purchased licenses, or if you are using the free version, on any computers in your possession or under your control.
- If the Software is for mobile device use (such as mobile phones and tablets), then on a worldwide basis on any mobile devices running the Android, iOS or other mobile operating systems that support the Software, that are in your possession or under your control.
You may make a reasonable number of copies of the Software for backup purposes, provided that you reproduce on such copies all copyright and other proprietary notices that are on the original copy of the Software. Company reserves all rights in the Software not expressly granted to you in this Agreement.
- Trial License. The free version of the Software provides for a one-time thirty (30) consecutive calendar day trial period (“Trial Period”) during which a user can utilize certain premium features of the Software free of charge on one independent computer system account (“Trial License”). The Trial License will apply solely during the Trial Period, and will commence on the day when the user of the Software first chooses “Trial” in the “Welcome to WPS Office”dialog box of the Software (the “Trial Period Begin Date”), and will continue tolling until the end of the Trial Period, regardless of whether the user uninstalls and/or reinstalls the Software prior to the expiration of the Trial Period. Upon the expiration of the Trial Period, your free access to the premium features will automatically cease. Company disclaims all liability for any loss arising out of your use of the premium features as described in this Section that you or any third party suffer. Once the Trial Period expires, if you want to continue to use the premium features, you must purchase the applicable license in accordance with Company’s then-current policies.
- Restrictions. Except as expressly specified in this Agreement, you may not: (a) copy (except in the course of loading or installing) or modify the Software; (b) transfer, sublicense, lease, lend, rent or otherwise distribute the Software to any third party; or (c) make the functionality of the Software available to multiple users through any means, including but not limited to by uploading the Software to a network or file-sharing service or through any hosting, application services provider, service bureau, software-as-a-service (SaaS) or any other type of services. You acknowledge and agree that portions of the Software, including but not limited to the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Company and its licensors. Accordingly, you agree not to disassemble, decompile or reverse engineer the Software, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.
- Ownership. The copy of the Software is licensed, not sold. You own the media (if any) on which the Software is recorded, but Company retains ownership of the copy of the Software itself, including all intellectual property rights therein. The Software is protected by United States copyright law and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Software as delivered to you.
- This Agreement remains in full force and effect for the term of the applicable license, unless earlier terminated in accordance with the provisions herein. You may terminate the Agreement at any time by destroying all copies of the Software in your possession or control. This Agreement will automatically terminate, with or without notice from Company, if you breach any term of this Agreement. Upon termination, you must either promptly destroy or return to Company all copies of the Software in your possession or control.
- No Warranty. THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT.
- Limitation of Liability. COMPANY’S TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNTS PAID TO COMPANY BY YOU FOR THE SOFTWARE OR, IN THE EVENT THAT COMPANY HAS MADE THE SOFTWARE AVAILABLE TO YOU WITHOUT CHARGE, COMPANY’S TOTAL LIABILITY WILL BE LIMITED TO $100. IN NO EVENT WILL COMPANY BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, BUSINESS, PROFITS) OR FOR the cost of procuring substitute products, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE EXECUTION OR PERFORMANCE OF THE SOFTWARE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
- U.S. Government End Users. The Software and Documentation are “commercial items” as that term is defined in FAR 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in FAR 12.212 and DFARS 227.7202. If the Software and Documentation are being acquired by or on behalf of the U.S. Government, then, as provided in FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S. Government’s rights in the Software and Documentation will be only those specified in this Agreement.
- Export Law. You agree to comply fully with all applicable U.S. export laws and regulations to ensure that neither the Software nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
- This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to or application of conflict of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply. You may not assign or transfer this Agreement or any rights granted hereunder, by operation of law or otherwise, without Company’s prior written consent, and any attempt by you to do so, without such consent, will be void. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. All notices or approvals required or permitted under this Agreement will be in writing and delivered by confirmed facsimile transmission, by overnight delivery service, or by certified mail, and in each instance will be deemed given upon receipt. All notices or approvals will be sent to the addresses set forth in the applicable ordering document or invoice or to such other address as may be specified by either party to the other in accordance with this section. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. Company may need to amend and update this Agreement from time to time and when Company does so, Company will communicate such amendments or updates to you (for example, by publishing revised terms on Company’s website, or directing you to a link to modified terms when you install an upgraded edition of the Software) so that you can review and agree to the amendments and updates. If you do not agree to such amendments and updates, you will not be able to continue to use the Software. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible, and the other provisions will remain in full force and effect. This Agreement is the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter, unless you and Company have executed a separate agreement (for purposes of clarity, the purchase orders or ordering documents described in the sentence immediately below do not constitute separate agreements). Any terms or conditions contained in your purchase order or other ordering document that are inconsistent with the terms and conditions of this Agreement are hereby rejected by Company and will not apply.
- Use of Fonts. The characters you use when you are using the Software for Windows PC use are from the built-in font files and related software of the Windows operating system. You agree to use such characters (“Windows Characters”) in accordance with the terms governing your use of the Windows operating system, and Company is not liable for such use. Additionally, the characters you use when you are using the Software for mobile device use are from font files and related software that Company licenses from Monotype Imaging, Inc. (“Monotype Characters”). Your use of such characters is subject to the additional terms and conditions set forth below. You agree to comply with such terms when using Monotype Characters in connection with your use of the Software, and Company is not liable for such use.
- Third Party Resources Pack. In the event the Software contains a resources pack for Microsoft® Visual Basic® for Applications and/or Design Science Equation Editor (collectively, the “Third Party Resources Pack”), you acknowledge and agree that: (a) the Third Party Resources Pack can only be used as a part of the Software in accordance with the licenses granted in this Agreement, and may not be transferred or sublicensed; and (b) you are solely liable for any loss or damage arising out of your use of the Third Party Resources Pack, and Company, Microsoft Corporation and Design Science disclaim all warranties and liabilities with respect to such use. In addition, if there is a separate end-user license agreement accompanying the Third Party Resources Pack, then any additional limitations or obligations set forth is such agreement shall apply to your use of the Third Party Resources Pack. Microsoft, Visual Basic, and the Visual Basic logo are registered trademarks of Microsoft Corporation, and the Design Science logo is a registered trademark of Design Science, in the United States and/or other countries.
- Contact Information. If you have any questions regarding this Agreement, you may contact Company at KINGSOFT Office Software, 530 Lytton Avenue, 2nd Floor, Palo Alto, CA 94301 or by email at http://www.wps.com/support/.
MONOTYPE FONT SOFTWARE–ADDITIONAL LICENSE TERMS
- The Software contains font software programs which generate human readable typeface designs (“Font Software”). You may not install or use the Font Software on any device except one on which you have installed a properly licensed copy of the Software.
- The Font Software is supplied to you for Internal Use only. “Internal Use,” as used herein, means use (i) in the course of your customary and ordinary internal business, or (ii) for your personal use. If used in the course of your customary and ordinary internal business, Internal Use shall mean use solely by your authorized agents and employees. If used for personal use, Internal Use shall mean use solely by individuals who reside with you in your household. All such agents, employees and household residents must agree to the terms and conditions of this EULA as a condition of using the Font Software. Internal Use shall occur when an individual is able to give commands (whether by keyboard or otherwise) that are followed by the Font Software, regardless of the location in which the Font Software resides.
- You may not convert the Font Software into a different format. You may not alter or modify the Font Software in any manner which results in the Font Software having different or enhanced functionality than when it was delivered to you as part of the Software.
- You may use an application program such as Adobe Acrobat to embed the Font Software into an electronic document. You may send such an electronic document to a third party only for the purpose of permitting the third party to view and print the electronic document. Font Software may not be embedded in any format which permits the recipient of an electronic document to install the Font Software or to use the Font Software for any purpose beyond merely viewing and printing the document. You may not embed Font Software into a Commercial Product. A “Commercial Product” is an electronic document which is distributed in exchange for a fee or other consideration. For example, you cannot embed Font Software into an electronic book or magazine which is offered to the public for a fee.You may use an application program such as Adobe Acrobat to embed the Font Software into an electronic document. You may send such an electronic document to a third party only for the purpose of permitting the third party to view and print the electronic document. Font Software may not be embedded in any format which permits the recipient of an electronic document to install the Font Software or to use the Font Software for any purpose beyond merely viewing and printing the document. You may not embed Font Software into a Commercial Product. A “Commercial Product” is an electronic document which is distributed in exchange for a fee or other consideration. For example, you cannot embed Font Software into an electronic book or magazine which is offered to the public for a fee.
- Except for the print and view embedding permission granted in paragraph 4 above, you may not copy the Font Software, provided, however, you may make one copy of the Font Software for archival purposes only. The archival copy cannot be distributed and can be used only when you have permanently deleted the original or any copy of the Font Software on your device. You may not reverse engineer, decompile, or take any action which results in or designed to result in gaining access to the source code of the Font Software, except as permitted by law and then only for the purpose of achieving an interoperable program.
- The Font Software supplied with the Software is proprietary and is protected by U.S. and international copyright and trademark law. All rights not expressly set forth herein are reserved. A breach of these terms may subject you to damages and injunctive relief under this Agreement as well as under applicable copyright and trademark law.
- YOU AGREE THAT THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL COMPANY OR ITS SUPPLIERS, INCLUDING MONOTYPE IMAGING, INC. (“MONOTYPE”), BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE COMPANY AND MONOTYPE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of Company and Monotype for defective Font Software is, upon return of the defective Font Software to Company, either (and at the sole option of Company) (i) the replacement of defective Font Software or (ii) the refund of your license fee paid for such Font Software. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by these terms are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death so that such limitations or exclusions may not apply to you. In those jurisdictions, you agree that Monotype’s liability for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundable.