End User License Agreement
End User License Agreement

This End User License Agreement (‘EULA’) is a legally binding agreement between you (either an individual or a single entity) and Aristo Educational Press Ltd (‘Aristo’) with regard to the copyrighted software/digital asset (herein referred to as the ‘Software’) provided by Aristo with this EULA. The Software includes computer software, the associated media, any printed materials, and any ‘online’ or electronic documentation and materials. Use of the Software provided to you by Aristo in whatever form or media, will constitute your acceptance of these terms, together with Aristo’s Terms and Conditions and Privacy Policy, subject to any additional or different terms that may be provided by the software suppliers. If you do not agree with the terms of this EULA, the Software will not be licensed to you and you should not download, install, copy or use the Software for any purpose whatsoever. By installing, copying or otherwise using the Software provided by Aristo, you are deemed to have agreed to and are bound by the terms of this EULA.

IT IS AGREED as follows:

1. Eligible Licensees
  1. 1.1

    The Software is available for license solely to legitimate owners or registered users of the applicable Software, with no right of duplication or further distribution, licensing, or sub-licensing.

  2. 1.2

    The licensee must ensure that any person using the Software is made aware of, and agrees to, the terms of this EULA.

  3. 1.3

    If you do not own the Software, then do not download, install, copy or use the Software.

2. Grant of License
  1. 2.1

    Aristo grants to you a personal, non-transferable and non-exclusive right to download, install and use the copy of the Software, solely for your own personal teaching and/or learning purposes, non-commercial use, and subject to the other provisions of this EULA.

  2. 2.2

    You undertake:

    1. (a)

      not to copy or reproduce the Software except as necessary to use it on a single desktop computer, tablet computer or smartphone;

    2. (b)

      not to copy or reproduce the printed materials accompanying the Software;

    3. (c)

      not to create any derivative work based on the Software; and

    4. (d)

      not to attempt, and if you are a corporation, you will use your best efforts to prevent your employees and contractors from attempting, to reverse compile, modify, translate or disassemble the Software in whole or in part.

  3. 2.3

    Modifying, translating, renting, copying, transferring or assigning all or part of the Software, or any rights granted hereunder, to any other person; and removing any proprietary notices, labels or marks from the Software is strictly prohibited.

  4. 2.4

    You may not transfer the Software or any rights granted hereunder.

  5. 2.5

    You may make not more than 1 back-up copy of the Software.

  6. 2.6

    Any failure to comply with the above or any other terms and conditions contained herein will result in the automatic termination of this license and the reversion to Aristo of all the rights granted hereunder.

3. Copyright
  1. 3.1

    The Software is only licensed, not sold.

  2. 3.2

    You acknowledge that no title to the intellectual property in the Software is transferred to you.

  3. 3.3

    You further acknowledge that title and full ownership rights to the Software remain the sole and exclusive property of Aristo and/or its suppliers, and you will not acquire any rights to the Software, except as expressly set forth above.

  4. 3.4

    All copies of the Software will contain the same proprietary notices as contained in or on the Software.

  5. 3.5

    All titles and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text and ‘applets’, incorporated into the Software), the accompanying printed materials, and any copies of the Software, are owned by Aristo or its suppliers.

  6. 3.6

    The Software is protected by copyright laws and international treaty provisions. You may not copy the printed materials accompanying the Software.

  7. 3.7

    You must not sell, resell, rent, lease, loan, supply, distribute, redistribute, publish or re-publish the Software or any part of the Software.

4. Disclaimer of Warranty
  1. 4.1

    The Software is provided ‘AS IS’ without warranty of any kind whatsoever.

  2. 4.2

    Aristo disclaims and makes no express or implied warranties or representations; and specifically disclaims any warranties of merchantability, fitness for a particular purpose and/or non-infringement of third-party rights.

  3. 4.3

    The entire risk of installing and/or using the Software, whether as to quality, performance or otherwise, is with you solely.

  4. 4.4

    Aristo will not warrant that the functions contained in the Software will meet your purpose or requirements; or that the operation of the Software will be uninterrupted or error-free.

  5. 4.5

    Aristo is not obligated to provide any updates to the Software.

  6. 4.6

    Aristo will not provide any on-site support under this EULA.

  7. 4.7

    If the Software makes use of the ‘Push Notification Service’ for receiving updates from Aristo, Aristo does not guarantee the successful or timely reception of any such notifications by users. You should not rely on the Software as the only means for reception of notifications from Aristo.

  8. 4.8

    Aristo is not responsible for your expense charged by your network service provider for using the online function in the Software.

  9. 4.9

    Aristo will not warrant the accuracy of the information and/or completeness of the function provided by or connected with third party provider in this Software.

5. Limitation of Liability
  1. 5.1

    Aristo's entire liability and your exclusive remedy under this EULA shall not exceed the price paid for the Software, if any.

  2. 5.2

    In no event shall Aristo or its suppliers be liable to you for any consequential, special, incidental or indirect losses or damages of any kind (including without limitation loss of business profits, opportunity or information; business interruption or other pecuniary loss) arising out of the use or inability to use the Software, even if Aristo has been advised of the possibility of such damages; or any claim by a third party.

6. Upgrades
  1. 6.1

    If the Software is an upgrade from an earlier release or previously released version, you may only use that upgraded version in accordance with this EULA.

  2. 6.2

    If the Software is an upgrade of a software programme licensed to you as a single product, the Software may only be used as part of that single product package and may not be used separately on more than one computer.

  3. 6.3

    Aristo has no obligation to provide any support for the Software in relation to any version of the Software that does not incorporate the most recent upgrade to the Software.

7. Indemnification by You
  1. 7.1

    If you use or distribute the Software in violation of this EULA, you shall indemnify, hold harmless and defend Aristo from and against any claims or lawsuits, loss and/or damages, including legal fees (on a full indemnity basis) that arise or result from your violation of this EULA.

8. Miscellaneous
  1. 8.1

    Some applications in this Software are developed with Qualcomm® Vuforia™ Developer Applications. Each end user must agree to the End-User License Agreement Clause provided by QUALCOMM CONNECTED EXPERIENCES, INC. (‘QCE’) as set forth in this Section 8.1 for the use of Vuforia-enabled software applications. For details, please visit Vuforia Developer Agreement Section 11 (https://developer.vuforia.com/legal/vuforia-developer-agreement):

    1. (a)

      each end user consents to the collection, storage, and use by QCE and its affiliates and service providers of Statistics and, if applicable, Camera Views from the Software and the transfer of Statistics (and Camera Views if applicable) between QCE and its affiliates and service providers (which may be in the United States or in other countries), in each case for the purposes of (i) providing the Software and Services, (ii) facilitating the provision of new products, updates, enhancements and other services, (iii) improving the Software, the Services, and other products, services and technologies, and (iv) providing new products, services or technologies customers of QCE or its affiliates; and

    2. (b)

      each end user is advised of the hazards of using a camera based application while driving, walking, or otherwise by being distracted or disoriented from real world situations; and

    3. (c)

      if the Developer Application uses any portion of the Cloud Recognition Services, each end user agrees not to use the Developer Application to capture Camera Views that comprise, constitute or depict profanity, nudity, pornographic images or explicit sexual themes, or defamatory or libelous statements, material that infringes the intellectual property of any person or entity, material that infringes upon the privacy or data protection rights of any person, or material considered illegal or objectionable. In addition, the end user must agree not to provide or submit facial images, except if and to the extent that they have obtained the legally-binding consent of the subject in advance, provided that such consent must be documented by the Developer Application and must be sufficient to permit QCE and its affiliates and service providers to collect, store, use and transfer such images as described in this Agreement.

9. General
  1. 9.1

    This EULA shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region (‘HKSAR’).

  2. 9.2

    Any disputes relating to this EULA shall be subject to the exclusive jurisdiction of the courts of HKSAR.

  3. 9.3

    The clause headings in this agreement are for reference only and do not affect the interpretation of this EULA.

  4. 9.4

    The Chinese version of this EULA is for reference only. In case of discrepancies between the English and Chinese versions, the English version shall apply and prevail.

  5. 9.5

    For enquiry, please contact us by email to [email protected] or by telephone on 2811-2908.

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