QuTScloud für Private Cloud

1. SCOPE OF AUTHORIZATION

QNAP authorizes the User to install and use this Software Product on their device or in cloud platforms under this License Agreement.

This Software Product is licensed to the User under this License Agreement, and the property shall remain with QNAP or the publisher.

2. LIMITATION

1. (a) The User must strictly abide by the trademark and copyright use of all Software Product copies.
2. (b) The User cannot distribute, lease, or lend the Software Product to other parties.
3. (c) The User cannot reverse-engineer, decompile, or disassemble the Software Product.
4. (d) The User cannot transfer their rights to use the Software Product, fully or partially, to other parties.
5. (e) The User must obey all relevant legal regulations of using the Software Product.
6. (f) The User is not allowed to copy the Software, the attached user manual and/or other documentation, nor acquire the source codes, software strings, information, graphics, images, and music and/or sound files.

3. COPYRIGHT

All compositions of this Software Product and its copies belong to QNAP or the publisher. The User shall retain the copyright mark of all the Software. The copyright of the data accessed by the Software Product belongs to the copyright owner of that data, and is protected by the relevant copyright or other intellectual property right laws. The User is not allowed to copy this software, the attached user manual and/or other documentation, nor acquire the source codes, software strings, information, graphics, images, and music and/or sound files. This License Agreement does not authorize the User the right to use the data accessed by this Software Product.

4. Consent to Use of Data

1. (a) The User agrees that QNAP can collect the usage data (hereafter referred to as “Data”) of the Software. Data shall include, but is not limited to, technical information about your devices, system and applications. Data is gathered periodically to facilitate the provision of software updates, product support, and other services to the User (if any) related to the device when the Software has internet access with or without additional notice and liability to the User. QNAP may use the Data, as long as it is in de-identification, anonymous or any other form that does not personally identify the User, to improve its products or to provide services or technologies to the User.
2. (b) QNAP guarantees the Data will be used solely for improving the product quality of the Software and will only be collectible under the User’s consent. The User acknowledges and agrees that QNAP has no responsibility or liability under any circumstance at any time for any loss, corruption or reveal of the User device’s data that may arise during the transferring of such service.

5. EFFECT OF DEFAULT

If the User fails to comply with the terms and conditions of this License Agreement, QNAP can terminate this License Agreement with the condition that no other rights are hindered. The User will have to return or destroy all copies of this Software Product and uninstall the Software.

6. DISCLAIMER

The User is solely responsible for all risks of using this Software Product. QNAP, its affiliates, or any of their respective officers, shareholders, employees, contractors, and the publisher make no warranty, expressed or implied, including, but not limited to the warranties of merchantability and fitness for a particular purpose and against infringement.

In no event shall QNAP, its affiliates, or any of their respective officers, shareholders, employees, contractors, or the publisher be liable for any special, direct, indirect, consequential, incidental, punitive or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, loss of data, loss of use or equipment or facilities, loss of any other economic advantage or loss of other profits) arising out of or in connection with the availability or performance of this Software Product.

This License Agreement will remain the same even if the User has notified QNAP or the publisher of the possibility of damage in advance. In the event of damages incurred by using the Software Product, under this License Agreement, any compensation shall not exceed the amount the User paid to QNAP.

7. UPDATES

QNAP may periodically release updates for the Software Product. The User shall not install or use updates provided by sources other than QNAP.

8. SUPPORT SERVICES

QNAP is not obligated under this License Agreement to provide any support services for this Software Product. Any support is provided “as is”, with all faults and without warranty of any kind.

9. MODIFICATION

QNAP reserves the right to modify, suspend, or discontinue, temporarily or permanently, the application or any service to which it connects, with or without notice and without liability to the User. The modifications will be limited to updates or regular maintenance.

10. AMENDMENTS

QNAP reserves the right, at its sole discretion, to modify or replace this License Agreement at any time. If a revision is material, QNAP will provide at least thirty (30) days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of QNAP.

11. PRIVACY

According to the General Data Protection Regulations of the European Union (“GDPR”), California Consumer Protection Act (“CCPA”) or any applicable laws and regulations, QNAP can process the personal data of data subjects only to fulfill contractual obligations or to preserve overriding legitimate interests. QNAP will collect the User’s personal data, such as [login, account name, account activity, IP address ], to provide products and services. Some functions may not work if the User prohibits the collection of personal data. QNAP has taken precautions to protect the User’s privacy and data security as stated in the https://www.qnap.com/go/before_buy/con_show.php?op=showone&cid=17. By using the Software Product, the User agrees to be bound by the Privacy Notice, which is incorporated in this Agreement.

12. TERM AND TERMINATION

This License Agreement shall remain in effect until the User ceases to use or uninstalls this Software Product. Some sections of this License Agreement, in accordance with their nature, shall still take effect and will survive the termination. QNAP may, in its sole discretion, at any time and for any reason, suspend or terminate this License Agreement with or without prior notice. The User may also terminate this License Agreement by deleting or uninstalling this Software Product.

13. GOVERNING LAW AND JURISDICTION

Any dispute, claim, or controversy in connection with or arising under the use of the Software Product or these terms and conditions, their construction, existence, interpretation, validity, or any breach hereof which cannot be amicably settled between the QNAP, its affiliates, or any of their respective officers, shareholders, employees, contractors, or the publisher, shall be finally and exclusively resolved by the laws of Taiwan, R.O.C. and shall be subject to the jurisdiction of the District Court of Taipei, Taiwan, R.O.C., provided that, however, this License Agreement shall not prevent the User from any right under local laws.