Xiaomi Document Reader End User License Agreement
Thank you for using Xiaomi Document Reader! References to the “Software” in this Agreement are to Xiaomi Document Reader software provided by WPS operating on Android and other systems, and installed on computers, laptops, mobile phones and other devices (collectively, the “Terminal Devices”) supported by the Software . If you obtain any software or service other than the Software, you are not bound by this Agreement, and are advised to check the license or service agreements applicable to such software or service, to understand the relevant policies.
Before using the Software, you shall carefully read and understand all terms of this Xiaomi Document Reader End User License Agreement (this “Agreement”) in respect of Xiaomi Document Reader . We hereby kindly remind you that the provisions hereof which have or might have a material effect on your rights and interests are highlighted in bold to call your attention. You shall carefully read and fully understand all provisions of this Agreement, in particular, those highlighted in bold, before using the Software. If you have any question or doubt about this Agreement and/or the Software, please feel free to contact us through the following channel, and we hope to provide you with satisfactory solutions:
You may report the problems encountered by you to us through http://www.wps.com/support/.
You shall not install or use the Software in any manner, unless you or your organization distributing the Software to you has been granted a lawful license to use the Software. This Agreement is a legal agreement between you and WPS with respect to the Software. The Software includes the accompanying software for Terminal Devices, and may include medium containing software for Terminal Devices, and related documentation in electronic or paper form. Unless otherwise provided in the separate end user license agreement or terms of use, the Software also includes any upgraded version, revision program, amended and additional items and supplemental content that may be provided by WPS from time to time (if any) and accepted by you after you acquire the Software. Please note that you shall not install the Software on any Terminal Device, unless and until you have accepted all terms of this Agreement. If you do not have full civil capacity due to age, intelligence or otherwise, please read and determine whether or not to consent to this Agreement together with your parent or other guardian.
This Agreement informs you about:
I. Interpretation
II. Your Rights
III. Updates to the Software
IV. Copyright and Other Intellectual Property Rights in the Software
V. Push Notifications and Service Recommendations
VI. Limitation of Liability
VII. Termination of License
VIII. WPS Contracting Entity, Governing Law, Dispute Resolution and Validity of Terms
IX. Special Note
X. Miscellaneous
I. Interpretation
The following interpretations of terms are provided to help you understand the provisions of this Agreement more clearly:
1. “WPS” or “we/us” means WPS Software Pte. Ltd. and/or its Affiliates. The specific company or companies referred to as “WPS” or “we/us” in this Agreement will be determined by WPS Software Pte. Ltd., based on your specific circumstances.
2. “Organization” or “Organization User” means any corporate or other entity that does not have the legal capacity but is lawfully established, owns certain property and is capable to assume legal liabilities, including without limitation government authorities, enterprises, public institutions, partnerships, associates and other organization users.
3. “You” or “User” means any of the following persons who has been lawfully granted by WPS or any agent, distributor, partner or other party legally authorized by WPS a license to use the Software:
3.1 any individual User; or
3.2 any Organization User, and the Individual Users authorized by the Organization User to use the Software within the scope of license granted to it hereunder.
4. “Value-added Services” mean the WPS Services (as defined in the “WPS Service Agreement”). The Value-added Service module may be already included in the installation package for the Software, or may need to be accessed through the Software while connected to the Internet. If you wish to use the Value-added Services, you shall carefully read and accept, and use the Value-added Services in accordance with, the agreements or terms applicable to the Value-added Services.
5. “Mainland China Region”: For the purposes of this Agreement only, refers to the areas within the People’s Republic of China other than the Hong Kong Special Administrative Region, the Macao Special Administrative Region, and the Taiwan region.
II. Your Rights
1. If you are an individual User, to the extent that you have read and accepted all terms of this Agreement, WPS will grant to you an non-exclusive license to use, download, install, display and operate (collectively, “Operate”) the Software for personal, non-commercial purposes outside Mainland China Region.
2. Except for the circumstances stipulated in Clause 1 of this Article, to the extent that you or your organization have read and accepted all terms of this Agreement, you or your organization shall only be entitled to use the Software in accordance with the licensing policies specified in other agreements entered into with WPS, and/or in other license documents issued by WPS proving your right to use the Software, after obtaining separate authorization and permission from WPS.
3. To the extent that you have been lawfully granted the license to use the Software, you have the right to produce backup copies of the Software in order to prevent damages to the medium, provided that you shall not provide such backup copies to others in any manner, and upon the expiration of the license term to use the Software, shall destroy such backup copies.
If you have been lawfully granted the license to use the Software, WPS will provide the following support services to you:
3.1 WPS will provide you with the support services for the Software (the “Support Services”) in accordance with the policies and plans explicitly set forth in the official website, accompanying user manual, or other documentation in electronic or paper form (if any) in respect of the Software;
3.2 Any additional software code provided to you as part of the Support Services (if any) shall be deemed part of the Software, and governed by all terms of this Agreement.
III. Updates to the Software
1. In order to enhance user experience and improve our services, we will continuously develop new features for the Software, and provide you with updates to the Software, in the form of replacement, modification, upgrading or otherwise, from time to time. We will strive to give reasonable notice to you about the updates to the Software in advance; provided, however, in order to ensure the consistency of the Software in security and functions, or comply with the applicable legal and regulatory requirements, we may update the Software, or change or restrict certain functions and effects of the Software, without giving special notice to you, to the extent that your legitimate rights and interests are not affected. You are advised to promptly download the updated versions of the Software.
2. We will provide you with an updated version of the Software to replace, modify or upgrade the Software at any time by making an announcement to you (including but not limited to announcements on the official website of the Software, pop-up pages in the Software client-side, displays after you click the “Check for Updates” button in the Software client-side, or emails sent to the email address you provided). If the update occurs outside the upgrade protection period you are entitled to and you choose to use such updated version, we may charge you for such updated version of the Software.
3. If you do not accept any updated version of the Software, please do not download, install or use such updated version. By downloading and installing any updated version of the Software, you: (a) accept such updated version of the Software, and agree that such updated version may not include all functions of the previous versions (i.e. the versions of the Software existing before the release of such updated version, the same below), and we reserve the right to unilaterally change or restrict certain functions and effects of the Software, due to the needs of business development; and (b) covenant that you have satisfied and consent to all of the following conditions for use of such updated version of the Software: (1) the updated version is governed by the terms of this Agreement, or if this Agreement is superseded by another agreement accompanying such updated version (the “Superseding Agreement”), by the terms of the Superseding Agreement; and (2) your license to use the previous versions of the Software will expire.
4. After the release of any updated version of the Software, unless otherwise agreed, you may be unable to continue to receive the Support Services from us for the previous versions. In order to ensure your use and service experience, we advise you to check and promptly download the updated versions of the Software from time to time.
IV. Copyright and Other Intellectual Property Rights in the Software
1. Any and all copyright and other intellectual property rights in or to the Software, including without limitation any source code, images, pictures, cartoons, videos, audio recordings, music, text and add-in programs contained in the Software, and accompanying documentation in electronic or paper form as well as any copy of the Software, are owned by or lawfully licensed to WPS, and protected by the applicable laws, regulations and international treaties.
2. You shall only install all components of the Software fully on one Terminal Device, and without the written consent of WPS, shall not:
2.1 install the Software on multiple Terminal Devices or in any multi-user environment or network system, including access to or use of the Software through the network on Cloud terminal, thin client or other Terminal Devices, except:
2.1.1 where WPS explicitly permits the Software to be installed on multiple Terminal Devices or in a multi-user environment or network system, including access to or use of the Software through the network on Cloud terminal, thin client or other Terminal Devices; or
2.1.2 each Terminal Device and node on which the Software is installed, accessed and used have obtained permissions;
2.2 use all or part of the Software beyond the scope set forth herein;
2.3 distribute, reproduce, modify, rent out, lend, transfer, sub-license, re-license, disseminate through the information system or translate all or part of the Software;
2.4 reverse engineer, decompile or disassemble all or part of the Software, or attempt to acquire or access source code of the Software; or
2.5 delete or modify any copyright or other mark contained in the Software.
V. Push Notifications and Service Recommendations
WPS may push messages or recommend services to you through the Software, for public-interest purposes, or in order to enable you to better understand the Software and the features, products and services related to the Software. The content displayed in the push notifications and service recommendations sent through the Software may be protected by intellectual property rights, so you must comply with the provisions of Section IV hereof.
VI. Limitation of Liability
1. We or our suppliers provide the Software and the Support Services (if any) based on the current technologies and conditions. To the extent permitted by law, the express guarantees contained herein are the only guarantees made by us. We make no other warranty or guarantee, express or implied, regarding the Software, including without limitation any warranty or guarantee of merchantability or applicability, precision of response, completeness of result, or freedom from bug or error.
2. To the extent permitted by law, we or our suppliers shall not be liable for any indirect, incidental, special or punitive damages or losses arising out of or in connection with your use of the Software, including without limitation property damages, profits loss, data loss, business interruption, collapse or failure of Terminal Devices, or loss of information, except the property losses incurred by you due to willful misconduct or gross negligence by us or our suppliers.
VII. Termination of License
If you fail to comply with all terms and conditions of this Agreement, we may terminate the license for the Software, in which case, you must immediately uninstall the Software, destroy the medium containing the Software and all copies thereof, and accompanying documentation in electronic or paper form, and indemnify us for all losses arising from your reach of this Agreement.
VIII. WPS Contracting Entity, Governing Law, Dispute Resolution and Validity of Terms
1. Contracting entity. If you or your organization selects Japan as your country when registering an Account, and successfully registers the account, references to “WPS” or “we/us” in this Agreement are to WPS Japan Inc. If you or your organization selects any country or region other than Japan as your country or region when registering an Account, and successfully registers the account, or if we cannot determine the country or region of your account, references to “WPS” or “we/us” in this Agreement are to WPS Software Pte. Ltd..
2. Governing law and dispute resolution. If you or your organization selects Japan as your country when registering an Account, and successfully registers the account, the formation, validity, interpretation, performance and dispute resolution in respect of this Agreement shall be governed by the laws of Japan. Any dispute arising out of or in connection with this Agreement shall be settled by the Parties through amicable consultation in the first instance. In case no settlement can be reached, either Party may refer such dispute to the Tokyo District Court, as the court of first instance, for resolution by litigation in accordance with the laws of Japan then in effect.
If you or your organization selects any country or region other than Japan as your country or region when registering an Account, and successfully registers the account, or if we cannot determine the country or region of your account, the formation, validity, interpretation, performance and dispute resolution in respect of this Agreement shall be governed by the laws of Singapore. Any dispute arising out of or in connection with this Agreement shall be settled by the Parties through amicable consultation in the first instance. In case no settlement can be reached, either Party may refer such dispute to the Singapore International Arbitration Centre (the “SIAC”), for final resolution by arbitration in accordance with the SIAC Arbitration Rules (the “SIAC Rules”) then in effect. The SIAC Rules are hereby incorporated into this Arbitration Clause by reference. The seat of arbitration shall be Singapore. The arbitral tribunal shall consist of one arbitrator. The language of the arbitration proceedings shall be English. This Arbitration Clause shall be governed by the laws of Singapore.
3. In addition, you and your organization acknowledge and agree that, you and your organization will comply with all the applicable export control and economic sanctions laws and regulations,when using the Software. You and your organization guarantee that you and your organization are not sanctioned by any applicable export control and economic sanction laws and regulations, and shall not use the Software provided by WPS for any prohibited purpose or in connection with any sanctioned country or entity, and your and your organization's use of the Software shall not cause WPS to violate, or be at risk of violating, any applicable export control or economic sanctions laws and regulations.
4. All provisions of this Agreement are severable. If any provision of this Agreement is held invalid under the applicable laws, the remainder of this Agreement shall continue in full force and effect, and be enforceable.
IX. Special Note
1. Please note that we provide the client-side application versions that may operate on the systems supported by the Software, including without limitation Android. You shall choose to install the version compatible to the system of your Terminal Device, and need to obtain license from us for the client-side application version of the Software that operates on each different system. In addition, we may release products or custom versions of the Software that differ in name, version or features from time to time, to meet market demands. Unless otherwise agreed or specified in a separate agreement, the Software and its custom versions shall be governed by terms of this Agreement.
2. We strive to provide you with more and better functions through the Software. However, the Value-added Services are not within the scope of license granted hereunder, and are not additional features of the Software. The different versions of the Software may support different Value-added Services, so you may only enjoy the Value-added Services that the specific version of the Software used by you provides or makes available.
3. We have the right to charge you for all or part of the features of Value-added Services (the “Charging Features”), in accordance with the charging policies published by us from time to time. You may choose whether or not to accept any Charging Feature of the Software provided by us in your sole discretion, and if you choose to accept any Charging Feature, you shall pay fees in accordance with the relevant charging policy published by us then. If any Charging Feature of the Software is governed by any accompanying agreement or terms established by us, you shall consent to such agreement or terms before choosing to accept the relevant Charging Feature. Such agreement or terms shall be deemed supplemental to this Agreement, and in the event of any conflict, shall prevail over the terms of this Agreement.
4. During your use of the Software, the Software will invoke the system font libraries (the “System Font Libraries”) in the operating system installed on your Terminal Device on which you install the Software. You shall use the System Font Libraries and fonts therein in accordance with the scope and terms of license for the System Font Libraries. We may provide you with our proprietary and/or third-party licensed font libraries (collectively, the “Software Font Libraries”) embedded in the Software, with or without consideration. You may use the Software Font Libraries and fonts therein only in the Software, and solely for non-commercial and non-profit purposes, and shall not use the results produced based on the Software Font Libraries for any commercial purpose, such as commercial promotion, advertising, trademark or logo design. If any third-party licensed font library is governed by the manufacturer’s license policy, you shall read and comply with such manufacturer’s license policy, while using the relevant library and fonts.
5. Please also note that we have the right to amend the provisions of this Agreement as we deem appropriate, by giving notice to you using one or both of the following methods:
(1) publishing the updated version of this Agreement (the “Updated Agreement”) on the relevant product page. Please check the relevant page from time to time, to ensure that you read and understand the terms of the Updated Agreement in a timely manner; in which case, by using the Software after the Updated Agreement is published by WPS on the relevant page, you have read, understood and consented to all terms of the Updated Agreement;
(2) inserting copy of or link to the Updated Agreement in the installation package for any updated version of the Software provided by us; in which case, by successfully installing the installation package for the updated version of the Software, you have read, understood and consented to all terms of the Updated Agreement.
If the webpage accessed by you displays the terms of this Agreement or the Updated Agreement, you shall fully read the terms of this Agreement or the Updated Agreement, while connected with the Internet. You shall in no event deny the legal binding force or contractual validity of this Agreement or the Updated Agreement, on the ground that you have not actually read it, whether due to your inability to connect with the Internet, or failure to actually access the relevant webpage, or any other reason.
6. The Software lawfully licensed to you may contain third-party resources. We do not covenant that the Software acquired by you contains third-party resources, as it depends on the actual version acquired by you. With respect to the third-party resources, please note that:
(1) after you have been lawfully granted the license to use the Software, such third-party resources are available to you only for use on the same Terminal Device as the Software, and in no event shall you have any right to transfer, sell, distribute, sublicense or re-license such third-party resources, or license for such third-party resources without authorization; and
(2) the scope of license, rights and restrictions in respect of such third-party resources shall be governed by this Agreement, and at the same time (if any) the separate end user license agreements applicable to them. Since the provisions hereof may be inconsistent with those of the separate end user license agreements applicable to such third-party resources, in the event of any inconsistency, the stricter provisions regarding user license shall prevail.
7. If you use any serial number during the Operation of the Software, you shall ensure that you are the legal licensee of such serial number; otherwise, your Operation of the Software may constitute an infringement. You must acquire such serial number from a lawful source.
X. Miscellaneous
1. The provisions of Section IX (Special Note) shall prevail over other provisions contained elsewhere in this Agreement, and in the event of any conflict, the provisions of Section IX (Special Note) shall govern.
2. This Agreement is prepared in English and may be translated into multiple languages other than English. If there is any inconsistency between the English language text and any translation, to the maximum extent permitted under applicable law the English language text shall prevail, unless otherwise expressly stated in the applicable translation.
You acknowledge that you have carefully read and understood this Agreement, and agree to comply with all terms and conditions contained herein while using the Software.