End User License Agreement
Thank you for using [HyperBDR Backup and Disaster Recovery Software].
The [Software] End User License Agreement ("EULA") is reached between User ("you" or "your") and China Mobile International(CMI) ("Vendor"). CMI may transfer to the original provider of the contracted product [ONEPRO CLOUD LIMITED] (“Original Provider”) the responsibilities related to the contracted product, assuming CMI has such responsibility transfer agreements with the Original Provider. regarding provisioning of [HyperBDR software] ("[Software]").
1. Effectiveness
1. Upon User confirmation: The EULA is provided online by the Original provider. When purchasing this [Software], read this EULA carefully and confirm that you agree to it before proceeding with the purchase. The EULA takes effect and becomes binding on the Original provider and you upon your confirmation.
2. Upon product use: Use this [Software] by downloading it or using other methods. The Original provider shall provide the online version of this EULA for you at an appropriate phase. Your use of this [Software] with any method is deemed to accept all terms of this EULA. If you do not accept the terms of the EULA, do not use this [Software].
2. Definition
[HyperBDR Software] refers to [HyperBDR Backup and Disaster Recovery Software ].
3. License
1. The [Software] is protected by copyright laws, international copyright treaties, and other relevant intellectual property laws, regulations, and treaties. The [Software] is licensed to but not sold to you.
2. [Copyright] of this [Software] belongs to [ONEPRO CLOUD LIMITED].
3. Pursuant to this EULA, the Original provider grants you a non-exclusive and non-transferable license to use this [Software]. Do not re-sell or otherwise transfer the license for business returns.
4. Fees
1. You shall pay all fees for using this [Software] in accordance with its pricing details. The Original provider reserves the right not to provide services and/or technical support to you or to terminate services and/or technical support until you have paid all the fees as agreed.
2. If the name, specification, or price of this [Software] has been changed when you renew this [Software], you agree to renew it under the new name, specification, or price. If you do not agree to the new name, specification, or price of this [Software], do not renew this [Software], and your license for this [Software] automatically terminates on expiry.
5. User Rights and Obligations
1. You warrant that the use of this [Software] complies with laws and regulations, is legal and authentic, and does not infringe upon the legitimate rights and interests of any third party.
2. You shall pay all fees (if any) of this [Software] before the due date. If you do not pay all the fees before the due date, the Original provider reserves the right to terminate your use of this [Software] at any time and you shall be solely responsible for any damages resulting therefrom.
3. You shall not perform reverse engineering on, decompile, or disassemble this [Software] except for activities expressly permitted by laws and regulations.
4. You understand and agree that:
(1) Due to technical limitations, the [Software] provided by the Original provider may have defects. The Original provider does not guarantee that this [Software] can properly run or achieve your expected result under any circumstances.
6. Original provider Rights and Obligations
1. The Original provider has the legal rights to provide you with a license to use this [Software] and shall warrant the legality of the copyright.
2. The Original provider promises that the provision of this [Software] to you does not infringe upon the legitimate rights and interests of any third party, including but not limited to the intellectual property rights of third parties.
3. The Original provider is responsible for timely upgrade, maintenance, and management of this [Software], and provides consultation and technical support services to you through online customer service, and etc.
4. The Original provider ensures the stability and continuity of this [Software]. If your license for this [HyperBDR] needs to be terminated in advance for Original provider's reasons, the Original provider shall refund fees (if any) to you.
5. The Original provider promises that this [Software] provided to you does not include:
(1) Any virus, disguised destruction program, computer worm, time bomb program, or other computer program that deliberately destroys, maliciously interferes with, secretly intercepts, or encroaches on any system, data, or personal material
(2) Any known vulnerability, backdoor, and malware
(3) Other insecure content that may damage your system security
6. Limitation of liability: To the maximum extent permitted by the applicable laws and regulations, the Original provider does not assume any liability for the direct, indirect, unexpected, special, punitive, or any other damages arising from or related to the use or inability to use this [Software], even if the Original provider has informed you of the possibility of such damages. The damages include but are not limited to (1) damages to person or property, (2) damages caused by profit loss, data loss, business interruption, computer breakdown or failure, and business information loss, (3) damages caused by privacy disclosure that is caused by failures to meet any duty including of good faith or of reasonable care, (4) damages caused by negligence, and (5) damages caused by money loss or any other loss.
7. Use and Disclosure of User Data
The Original provider may use your data to provide you with services including but not limited to sending product and service information.
The Original provider will not disclose your data without your consent. In the following cases, however, part or all of your data will be disclosed:
(1) Disclosure of data to a third party with your consent
(2) Disclosure of data to a third party or an administrative/judicial institution in accordance with relevant laws and regulations or as required by the administrative/judicial institution
(3) Disclosure of data to a third party if you breach relevant laws and regulations
(4) Sharing of data with a third party provider for software/services required by you
3. Privacy statement URL link: https://www.cmi.chinamobile.com/en/privacy-policy
4. GDPR data protection clause link: https://mainwebapi.cmi.chinamobile.com/uploads/template/20230109f73925fc965318c8b7ffc804db5a7b27.pdf
8. Term and Termination
1. The term of this [Software] is [1 or 12 months, depending on the product use duration you purchased].
2. In any of the following cases, the Original provider has the right to terminate the provision of this [Software] without any liability:
(1) This [Software] you purchased has expired and has not been renewed.
(2) You seriously violate clauses of this EULA, and have not taken corrective measures after being notified by the Original provider.
9. Agreement Update
1. In case that any content of this EULA is updated, the Original provider shall notify you of the update in an appropriate manner.
2. If you do not agree to any updates made by the Original provider to the terms of this EULA, you have the right to stop using this [Software]. In this case, the Original provider shall refund the remaining fees (if any) to you and give you a reasonable period of time before terminating services, so that you can perform data backup, download, storage, migration, and other necessary actions. If you continue to use this [Software], you are deemed to have accepted the updates made by the Original provider to the terms of this EULA.
10. Law and Dispute Resolution
1. The establishment, implementation, interpretation, and dispute resolution of this EULA shall be in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China.
2. In the event of any dispute over the signing, fulfillment, or interpretation of this EULA, both parties shall endeavor to resolve the dispute through friendly negotiation. If negotiation fails, either party shall deliver a lawsuit to a court in [The Commercial Arbitration Rules of the Hong Kong International Arbitration Centre].
11. Supplementary Provisions
1. In the event that any clause of this EULA is deemed invalid or non-executable, the clause can be separated from this EULA and the rest of this EULA remains valid.
2. The headings of this EULA are intended only for the ease of reading, and are not intended to define, limit, interpret, or describe the scope or limits of the clauses.
3. The Original Provider may assign all their rights and obligations under this EULA to a third party based on their own operating conditions without obtaining your prior consent by notifying you [30] working days in advance. The Original Provider assignee is bound by this EULA, and the Original provider and the assignee are jointly and severally liable for the performance of this EULA.