Software License Agreement

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1. Foreword

This is an important reminder and please read carefully:

You and H3C Group (Hereinafter referred to as “H3C”) have entered into the Software License Agreement. If you have installed, reproduced, downloaded the Software or used it in any other manner, you will be considered as entering into the Agreement. You are not allowed to use the software if you do not accept all or part of the terms herein. In such case, please immediately stop installing, copying the Software or using it in any other manner, and delete any component that you have installed or saved. You shall also contact H3C or its local agent for return of goods or refunding.

2. Definitions

Software: The “Software” mentioned herein refers to data processing programs or supporting files that are already or about to be implanted into designated products of H3C, and such supporting files include source code and object code of the Software, the entire or part of pictures, photos, icons, animations, audio record, video record, music, words and codes contained in the Software, as well as other paper or electronic information and technical documentations describing the functions, features, content, quality, tests, user’s manual and user license agreement related to the licensed software or H3C products (Hereinafter collectively referred to as “Software Products” or “Software”).

You: The “you” mentioned herein refers to all persons or single legal entity legally licensed by H3Cto use the Software. Legal entities include companies, corporations, institutions, organizations or units.

Trial Period: The “Trial Period” mentioned herein refers to the designated period during which H3C authorizes the users to use the Software internally for assessment purpose prior to the users’ uncompleted official registration for the Software. Unless otherwise specified, the Trial Period refers to the 30 days following users’ initial use of the Software.

3. Software License

On the premise of complying with the obligations herein, you are authorized by H3C to exercise the following rights:

1)、License for Use in Trial Period

During the Trial Period, you can install the Software on one designated equipment manufactured by H3C, and use all functions of the Software free of charge for the purpose of assessing the Software.

2)、License for Commercial Use

Rights to install and use: You can install and use the Software on one designated equipment manufactured by H3C, and use all functions of the Software for commercial purpose.

Back-up: You can make one copy of the Software for back-up purpose. Unless otherwise specified, you shall not reproduce copy of the Software (including the printed materials and electronic documents attached to the Software) for other purpose or in any other manner.

4.Restrictions on Rights
  • Single Use Restriction: You shall not install and use the Software on more than one equipment.
  • Restriction on Sharing: You shall not share the entire or part of the Software, or use the entire or part of functions of the Software on many equipment.
  • Restriction on Software Partitioning: You shall not use different functions of the Software on different equipment, or embed different parts of the Software into other software systems through software partitioning.
  • Restriction on Software Integrity: You shall not delete any copyright declaration or reminder in the Software, or paint, alter or delete any trademark or logo in the Software.
  • Restriction on Reverse Engineering, Decompiling and Disassembling: You shall not carry out any reverse engineering, decompiling or disassembling on the Software, unless permitted by laws.
  • Restriction on Alienation: Without prior written approval of H3C, you shall not disclose, transfer, lease, lend, relicense or distribute the entire or any part of the Software or its copy to any third party.
  • Restriction regarding Confidentiality: Without prior written approval of H3C, you shall not reveal any information about the Software’s performance, results of any other test or assessment, or related technical secrets to any third party.
5.Reservation of Rights
  • H3C legally reserves any other right that is no expressly granted to you herein and belongs to H3C by law.
  • The Software is protected by the copyright law, international copyright treaties, other intellectual property laws or related international treaties. According to the Agreement, you are granted the general license to use the Software non-exclusively, and you shall not sell or transfer the Software.
  • Trademark Right: The Agreement does not grant you any right in respect of any trademark or service mark of H3C or its suppliers.
  • All intellectual properties involved in the Software, including but not limited to patent, copyright, trademark right, business secret and technical secret, are all properties belonging to their respective content owners. H3C reserves the right of profiting from its own intellectual properties. Ownership and intellectual properties of contents that are not included in the Software but can be accessed through the Software also belong to their respective content owners, and may be protected by applicable copyrights or other intellectual property laws and treaties.
6.Technical Support

You can request and will receive technical support from H3C for any questions or problems arising from the process of installing and using the Software. H3C will timely answer or solve such questions or problems.

7.Upgraded Version
  • It will be at the discretion of H3C to decide whether or not to provide an upgraded version of the Software in future.
  • Approval on Upgraded Version: If the Software is upgraded upon approval of H3C, the upgraded version shall also comply with the Agreement, unless the upgraded version is subject to any alternative software license agreement.
  • You shall comply with the Agreement if the Software is marked as an upgraded version.
8.Limited Guarantee
  • Barring the matters where H3C provides explicit guarantee, H3C does not provide any implicit or explicit guarantee in respect of any other implication, marketability or particular use, and you shall assume all the risks arising therefrom on your own.
  • All guarantees in respect of the Software are provided according to H3C’s standard warranty policies for Software Products.
9.Limited Liabilities
  • H3C does not bear any explicit or implicit responsibility for any loss incurred by use of the Software during the Trial Period.
  • The total liabilities of H3C shall not exceed the price that you have paid for the Software.
  • H3C shall not take responsibility for or provide guarantee in respect of any problem in use of the Software caused by accident, misuse, wrong use or unauthorized alternation.
  • H3C shall not take responsibility for any incidental, indirect or punitive losses incurred by use of the Software, including but not limited to loss of business profit, trade interruption, or loss of information or data, even if H3C has been informed of possibility of such losses.
10.Termination of Agreement

If you fail to comply with part or all of the terms under the Agreement, H3C may terminate the Agreement at any time. Upon termination of the Agreement, you shall immediately stop using the Software and delete all contents of the Software you have duplicated and installed as well as the back-up copy. You will or shall be liable for any loss incurred to H3C by your failure to comply with the Agreement.

11.Restriction on Exports

You shall comply with any national exports and/or imports laws that are applicable to the Software, as well as the restrictions imposed by the local government on the Software’s end users, end application and destinations. You shall not directly or indirectly export or re-export the Software to any country/region to which exports are restricted by local national laws, unless approved or permitted by competent government agencies beforehand. Such obligation will survive termination of the Agreement.

12.Applicable Laws

The Agreement shall be interpreted according to the laws of People’s Republic of China. The parties hereto agree to submit all the disputes arising from or in relation to the Agreement to China International Economic and Trade Arbitration Commission(CIETAC), and the arbitration shall be conducted in Shanghai under CIETAC’s arbitration rules that are in force at the time of such arbitration. The arbitral award shall be final and binding on both the parties hereto.

13.Miscellaneous

In respect of any matters uncovered herein, the parties hereto may enter into other agreement or agree otherwise through consultation.

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