End User License Agreement for UnionTech Professional Desktop Operation System

Last Update Date: [November 11th, 2021]

Please read this End User License Agreement for UnionTech Professional Desktop Operation System (hereinafter referred to as this "Agreement") carefully before using the UnionTech Professional Desktop Operation System Software (hereinafter referred to as the “Software” or “UnionTech UOS”). This Agreement is a legal agreement entered into between UnionTech Software Technology Co., Ltd. and its affiliates (hereinafter referred to as "UnionTech Software” or “we”) and you (natural person, legal person or other organization). Once you install, reproduce or otherwise use the Software, you agree and accept this Agreement, and acknowledge that you have read and understood this Agreement. 

If you are an individual representing an entity, once you install, reproduce or otherwise use the Software, you acknowledge that you have been authorized to accept this Agreement on behalf of the entity. If you do not agree to any of the terms of this Agreement, please do not install, download or otherwise use the Software and its related services. This Agreement also applies to services such as software maintenance, update, upgrade and support provided by UnionTech Software, unless they are accompanied by other terms.

Unless this Agreement is superseded by a new version, this Agreement applies to any version of UnionTech Professional Desktop Operation System Software, and any replacement and/or supplementation of the Software, the source code and its upgrades or new versions (if any) furnished by UnionTech Software, regardless of the delivery method, unless such upgrades or new versions are accompanied by a license agreement.

Notwithstanding the following provisions of this Agreement, you know and accept that even if you have read and agreed to be bound by the terms of this Agreement, you have no right to install, reproduce, modify, redistribute or use the Software in any other way before you are legally authorized to use the Software in any of the following ways:

(1) directly through UnionTech Software;

(2) obtain the lawful use authorization of the Software through the authorized franchiser of UnionTech Software;

(3) from a third party with the right to sublicense.

When using the Software, you must also abide by all the terms and conditions in other agreements (if any) signed with UnionTech Software to give you the right to use the Software or authorization documents (if any) issued by UnionTech Software to prove your right to use the Software. The Software is only licensed to users as agreed in this Agreement. The source code and object code provided by UnionTech Software with copyright notice included in the Software, as well as all components composed of the aforesaid source code and/or object code, the content created by UnionTech Software, or the modified content different from the previous version without modification, and the related intellectual property rights formed shall belong to UnionTech Software. For the purposes of this Agreement, use means downloading, installing, reproducing, redistributing or otherwise using functions of the Software.

1．Licensing. Subject to the following terms, UnionTech Software grant you a permanent, non-exclusive and non-transferable license around the world in accordance with this Agreement and the GNU General Public License (Version 2.0). Users may only install, use or run one (1) copy of the Software on one (1) computer at a time. Where there are other stipulations in other agreements on the number of copies of the Software licensed by UnionTech Software to you, such stipulations shall prevail.

The Software may contain software components compiled by third-party developers according to corresponding open source protocols. The license agreement for each software component is located in the source code of the software component, and you shall abide by the provisions of the corresponding open source software license agreement when using these software components. This Agreement applies only to the Software, and does not limit or alter your rights under the license terms of any particular software components.

2．Intellectual property rights. The intellectual property rights of UnionTech Software in the Software are protected by the Copyright Law and other relevant applicable laws.

(1) You shall not remove any intellectual property mark on the Software, and shall mark on all copies thereof that its intellectual property belongs to UnionTech Software and/or other licensors according to its existing expression.

(2) Copyright and other intellectual property rights of the Software (including but not limited to any images, photos, animations, videos, audio recordings, music, text and additional programs, colors, interface designs, layout frames contained in the Software), printed materials of attached documents and any copies of the Software, are all owned by UnionTech Software (except trademarks and other rights owned by third parties) or UnionTech Software have legal rights to use the above.

(3) The Software and printed materials of documents enjoy intellectual property rights and are protected by the Copyright Law of the People's Republic of China, Trademark Law of the People's Republic of China, Patent Law of the People's Republic of China, Anti-Unfair Competition Law of the People's Republic of China and international treaty provisions.

(4) You may not remove its intellectual property statement from the Software; and undertake to reproduce the intellectual property statement for copies (in whole or in part) of the Software.

(5) You agree to stop illegal copying of the Software and printed materials of documents in any form.

(6) You may not reproduce the printed materials of documents attached to the Software.

3．Redistribution. UnionTech Software and its affiliates have legal trademark rights to “统信”, “统信UOS” and “UOS” trademarks and logos. This Agreement does not allow you to use the UnionTech Software trademarks without authorization, including using the UnionTech Software trademark to Redistribution (including but not limited to software sales, pre-installation, bundling) the Software or its components, regardless of whether the Software or its components have been modified. You can redistribute only if:

(1) A written agreement with UnionTech Software allows such commercial redistribution;

(2) You have retained the intellectual property logo and intellectual property statement of the Software in accordance with the requirements of Article 2 above, and you should delete and replace all trademarks and logos of UnionTech Software. You shall understand that modifying the Software may cause the application to be damaged and unable to use normally.

4．Specification for use.

You may use the Software under this Agreement subject to the law and this Agreement. You have no right to perform acts including but not limited to the following:

(1) using the Software to publish, transmit, disseminate and store content that violates the laws of your country, endangers social security, public order and good customs, or any improper, insulting, slanderous, obscene, violent content or otherwise that violates the laws, regulations and policies of the country where the user is located;

(2) using the Software to publish, transmit, disseminate and store contents that infringe upon others' intellectual property rights, trade secret rights and other legal rights;

(3) using the Software to publish, transmit and disseminate advertising information and junk information in batches;

(4) using the Software to publish, transmit, disseminate or otherwise transfer documents containing images, photos, software or other materials that infringe on the legal rights of third parties (including but not limited to copyright, trademark rights, patent rights, trade secrets, privacy rights and related personality rights), unless you have obtained full and effective prior authorization from the right holders; 

(5) any act endangering network security, including but not limited to: using unauthorized data or entering unauthorized servers/accounts; entering the public network or other people's operating systems without permission and deleting, modifying or adding stored information; unauthorized attempts to detect, scan and test the weaknesses of the Software system or network or other acts that undermine network security; attempts to interfere with or destroy the normal operation of the Software system, deliberately spread malicious programs or viruses and other acts that destroy and interfere with normal network information services; forging TCP/IP packet names or partial names;

(6) other services provided by using the Software and UnionTech Software in any illegal way, for any illegal purpose, or in any way inconsistent with this Agreement.

If you violate the above regulations, UnionTech Software have the right to terminate, completely or partially suspend or restrict your use of the relevant functions of the Software at its own discretion, and reserves all the rights to investigate the above acts.

5．After-sale Guarantee and Disclaimer. Under normal use, UnionTech Software promise that the media containing the Software and all components are free from defects in materials and workmanship within a period of thirty (30) days from the date of delivery to you. If it is proven that there is a defect, UnionTech Software’s sole responsibility is to replace the Software carrier or refund the amount paid for the Software as compensation to you, provided that you return the Software and all components of the media in their original packaging. In the case of carrier defects caused by accidents not caused by UnionTech Software, user abuse or incorrect application, the after-sales guarantee is invalid. In addition to the above, there is no other form of after-sales guarantee for the Software. To the maximum extent permitted by applicable laws, UnionTech Software will license the Software to you on an “as is” basis. UnionTech Software will not provide any express, implied or statutory warranty, guarantee or condition, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement.

The Software is designed and provided as a general-purpose product, not for the specific use of any user. You shall always back up your files. You must use the Software at your own risk. UnionTech Software shall not assume any liability for damages and risks arising from the use or inability to use the Software, including but not limited to direct or indirect personal damages, loss of commercial profits, trade interruption, loss of commercial information or any other economic losses. For losses caused by telecommunication system or Internet network failure, supporting system failure or any other force majeure reasons (including hacker attacks), UnionTech Software do not assume any responsibility. The user violates the provisions of this Agreement, causing damage to UnionTech Software. UnionTech Software have the right to take measures including but not limited to interrupting the use license, suspending provision of services, restricting the use, and pursuing legal investigations.

6．Support service.

(1) If UnionTech Software expressly provide the support service to the user in the user manual or other materials attached to the Software, UnionTech Software will provide the support service related to the Software to the user in accordance with various policies and plans described in the user manual or other materials.

(2) Any additional software code (if any) provided to the user as part of the support service shall be regarded as part of the Software and shall comply with the terms of this Agreement.

(3) The user expressly agrees that UnionTech Software may use the technical information (such as bug feedback, product suggestions, etc.) provided by the user to UnionTech Software as part of the support service for commercial purposes, including product support and development. Except for the circumstances necessary to provide the support service to the user, UnionTech Software will not specifically disclose and mark the source of information when using such technical information.

7．Limited liability.

7.1 UnionTech Software undertake that the Software and activities related thereto comply with the requirements of local laws and regulations in force, including but not limited to (1) Data protection, privacy protection, and other laws and regulations on collecting and using user information; (2) Telecommunications law; (3) Content rating laws. UnionTech Software shall be obliged to inform users of discovered or exposed security risks in a timely manner and actively improve them to minimize the negative impacts. In case of violation of this article, UnionTech Software shall compensate the user for the losses and eliminate the adverse effects suffered by the user according to the law. Notwithstanding the foregoing, if users use the Software beyond the restrictions of specific territory hereunder without authorization and thereby violate the provisions of effective local laws, users shall be held legally accountable.

7.2 In no event shall the liability of UnionTech Software, UnionTech Software’s authorized dealers or licensors of any components under the Agreement exceed the amount you have made to UnionTech Software for the media, except as set forth in 7.1. Meanwhile, UnionTech Software shall not be liable for any claim or damage caused by the content applied to or operated in the Software or other content related to this content provided by you or a third party.

8．Third-party software program. UnionTech Software may distribute third-party software programs with the Software. Such third-party software programs are not necessary for the operation of the Software, but are provided for your convenience, and are subject to the third party's own license terms or legal agreements. In addition, other applications you install and run based on the Software also belong to the category of third-party software programs. The rights and obligations between you and third-party software programs’ licensors are determined by the license terms or legal agreements attached to the third party software, and whether you have the right to install and run the program shall be determined according to the legal agreements. If you wish to install third-party software programs on more than one system or transfer third-party software programs to others, you shall contact the third-party software programs’ licensors yourself and obtain appropriate authorization.

9．Reservation of rights. All rights related to the Software that are not explicitly granted are owned by UnionTech Software, and users must obtain authorization through the written consent of UnionTech Software when using other rights.

10．Termination of license.

(1) If you fail to comply with the terms and conditions of this Agreement, UnionTech Software may terminate this Agreement. Upon termination of this Agreement, you must immediately destroy all copies of the Software, accompanying printed materials of documents, or return them to UnionTech Software.

(2) UnionTech Software may terminate this Agreement by providing you with a replacement agreement for any alternative or modified or upgraded version of the Software and stipulating that your use of such alternative or modified or upgraded version is conditional on your acceptance of such replacement agreement.

11．Submission of information. If you submit data or other information (hereinafter referred to as "Information", which includes but is not limited to ideas, concepts or technologies submitted to improve the Software and services related to the Software, whether as feedback, data, questions, comments, suggestions, etc.) to UnionTech Software by any means or any media, it will be deemed that you agree that all such Information is unrestricted and non-confidential. In addition, in order to improve our software and services, you also agree that UnionTech Software have the permanent, inalienable and non-exclusive right to use such Information worldwide and share such Information with other parties (such as hardware and software suppliers) without the obligation to make payment, compensate or give remuneration to you. The rights of UnionTech Software in this clause shall also include the right to use, reproduce, transmit and disseminate all the Information you submitted, adapt or compile such Information into new works, create works derived therefrom, display and execute all the Information you submitted, and allow third parties to do the above. Except for the circumstances necessary to provide the support service to the user, UnionTech Software will not specifically disclose and mark the source of information when using such Information.

12．Personal information protection. We attach great importance to the protection of your personal information. When using the Software, we will collect data from your device in accordance with the provisions of this Agreement and the privacy policy. Details of the privacy policy can be found at [https://www.uniontech.com/agreement/privacy-en]

When you use personal hardware devices that support fingerprint, iris and face recognition functions for authentication, login and other identity authentication, the aforesaid functions may collect information of your fingerprint, iris and face recognition features, which will be stored in your personal devices and will not be collected or processed by the Software.

13．Territory and Export Restrictions. If your software is restricted to a specific territory, you can only activate the Software in such territory. You must also comply with all domestic and international export laws and regulations applicable to the Software, including various restrictions on destination, end-user and end-use.

14．Jurisdiction and application of law. The conclusion, execution and interpretation of this Agreement and the resolution of disputes shall be governed by the laws of the People's Republic of China (excluding Hong Kong, Macao and Taiwan). In the case of any dispute between you and UnionTech Software over the content of this Agreement or its implementation, both parties shall conduct friendly negotiation; If the negotiation fails, either party may bring a lawsuit to the people's court with jurisdiction in the place where [Daxing District, Beijing] is located.

15．Interpretation and modification. UnionTech Software have the right to interpret and modify this Agreement to the maximum extent permitted by all agreements and laws including the GNU General Public License (Version 2.0) to which the Software is subject. UnionTech Software have the right to modify this Agreement at any time according to changes in relevant laws and regulations as well as adjustments in the company's operating conditions and operating strategies. The amended agreement will be read and accepted before you use it in the new version of the software. In case of any dispute, this Agreement shall be terminated, and the latest version shall prevail. If you disagree with the change content of this Agreement, you may uninstall and delete the Software and destroy its related information content. If you continue to use the Software, it will be deemed that you accept the change of this Agreement.

16．This Agreement may be written in different language versions. No matter which language you receive, the Simplified Chinese version shall prevail.

17．Contact us. If you have any questions about this Agreement or wish to obtain any information from UnionTech Software, please contact UnionTech Software directly at support@uniontech.com.