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Last Updated: October 01, 2021
QNAP Systems, Inc. and its affiliates (hereinafter referred to as "QNAP") and and ULINK TECHNOLOGY,INC. (hereinafter referred to as "ULINK") together(collectively referred to as "we" or "us") are willing to grant the following license to install or use the DA Drive Analyzer (hereinafter referred to as “Licensed Software”) pursuant to this End-User License Agreement (hereinafter referred to as “Agreement”), whether provided separately or associated with a QNAP product (hereinafter referred to as “Product”), to the original purchaser of the Product upon or with which the Licensed Software was installed or associated as of the time of purchase (hereinafter referred to as "Customer") only if Customer accepts all of the terms and conditions of this Agreement. PLEASE READ THESE TERMS CAREFULLY. USING THE SOFTWARE WILL CONSTITUTE CUSTOMER'S ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE LICENSED SOFTWARE.
Section 1. Limited Software License.
QNAP grants to Customer a limited, personal, non-exclusive, non-transferable, non-distributable, non-assignable, non-sublicensable, non-copyable license to install and use the Licensed Software on the Product in accordance with the terms and conditions of this Agreement.
Section 2. Updates.
Any Licensed Software provided to Customer by QNAP or made available on the QNAP official website or any other channel provided by QNAP that updates or supplements the original Licensed Software is governed by this Agreement unless separate license terms are provided with such updates or supplements, in which case, such separate terms will govern. In order to prevent network attacks, Customer understands and agrees to the necessity of regular and timely updates of Licensed Software.
Section 3. License Limitations.
Customer may not, and may not authorize or permit any third party to: (a) use the Licensed Software for any purpose other than in connection with the Product or in a manner inconsistent with the design or documentations of the Licensed Software; (b) license, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Licensed Software or use the Licensed Software in any commercial hosted or service bureau environment; (c) reverse engineer, decompile, disassemble or attempt to discover the source code for or any trade secrets related to the Licensed Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; (d) adapt, modify, alter, translate or create any derivative works of the Licensed Software; (e) remove, alter or obscure any copyright notice and other rights notice on the Licensed Software or Product; or (f) circumvent or attempt to circumvent any methods employed by QNAP to control access to the components, features or functions of the Product or Licensed Software. Any rights not expressly granted in this License are reserved to QNAP.
Section 4. Open Source.
The Licensed Software may contain open source components, including but not limited GPL, LGPL, MIT License, licensed to QNAP. In the event that this Agreement conflicts with the requirements of the above one or more Open Source License with respect to the use of the corresponding open source components, Customer agrees to be bound by such one or more Open Source License.
Section 5. Intellectual Property Right and Ownership.
The copyright, intellectual property rights and all other ownership in the Licensed Software are the property of QNAP or its supplier(s) or licensor(s).
Section 6. Limited Warranty.
QNAP provides a limited warranty that the Licensed Software. QNAP will use commercially reasonable efforts to, in QNAP's sole discretion, either correct any such nonconformity in the Licensed Software or replace any Licensed Software that fails to comply with the foregoing warranty, provided that Customer give QNAP written notice of such noncompliance within the warranty period. The foregoing warranty does not apply to any noncompliance resulting from any: (a) use, reproduction, distribution or disclosure not in accordance with this Agreement; (b) any customization, modification or other alteration of the Licensed Software by anyone other than QNAP; (c) combination of the Licensed Software with any product, services or other items provided by anyone other than QNAP; or (d) Customer failure to comply with this Agreement.
Section 7. Disclaimer of Warranties.
QNAP MAKES NO WARRANTY AND REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, LICENSED SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE LICENSED SOFTWARE FOR ANY PURPOSE. ALL SUCH INFORMATION, LICENSED SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. QNAP HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, LICENSED SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, LEGAL STATUS, AND NON-INFRINGEMENT.
IN NO EVENT SHALL QNAP BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTION WITH THE USE, PERFORMANCE OR ACCURACY OF THE LICENSED SOFTWARE OR WITH THE DELAY OR INABILITY TO USE THE LICENSED SOFTWARE, OR THE PRODUCT WITH WHICH THE LICENSED SOFTWARE IS ASSOCIATED, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF QNAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 8. Limitation of Liability.
IN ANY CASE, QNAP 'S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE TOTAL AMOUNT ACTUALLY AND ORIGINALLY PAID AT RETAIL BY CUSTOMER FOR THE PRODUCT. The foregoing Disclaimer and Limitation of Liability will apply to the maximum extent permitted by applicable law in jurisdiction.
Section 9. Jurisdiction and Governing Law.
Except to the extent applicable law, if any, provides otherwise, this Agreement will be governed by the law of the Republic of China, excluding its conflict of law provisions. For any disputes arising out of, or relating to, this contract, the Taiwan Taipei District Court shall be the exclusive court of jurisdiction for the first instance.
Section 10. Attorneys' Fees.
In any arbitration, mediation, or other legal action or proceeding to enforce rights or remedies under this Agreement, the prevailing party will be entitled to recover, in addition to any other relief to which it may be entitled, costs and reasonable attorneys' fees.
Section 11. Termination.
QNAP may, in addition to any other remedies available to QNAP, terminate this Agreement immediately if Customer breaches any of its obligations under this Agreement.
Section 12. Entire Agreement.
This Agreement constitutes the entire agreement between QNAP and Customer concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of QNAP. If any part of this Agreement is held invalid or unenforceable, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. QNAP may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. The terms of this Agreement is translated from English. If there is a discrepancy with the Chinese version, the Chinese version shall prevail.
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