End User License Agreement
Notice: Safe’s License (Not a Sale)
This Safes Software End User License Agreement (Agreement or License or EULA) is between the end user (hereinafter referred to as You or Licensee), and Safes Technology Group Co., Ltd, and its subsidiaries, Safes Technology Co and other related companies (collectively referred to as Safes, or Licensor), the developer and owner of the program and software (hereinafter referred to as Licensed Software or Safes Software or Software).
Important: Safes’s privacy policy explains how we collect, treat your personal data and protect your privacy when you use our software and services. By using our software and services, you agree that safes can use such data in accordance with our privacy policy. You also agree to be bound by the privacy policy or privacy notice published by safes on its website. By downloading, accessing, installing or using the software, documentation, collections from safes effects store (collectively “software”), you also agree to be bound by the following terms and conditions of this agreement.
Please read this agreement carefully before downloading or installing the software. If you disagree with or have any questions concerning this END USER LICENSE AGREEMENT (EULA), please contact Safes. Any installing, copying, accessing, or using the Licensed Software by you (the “Licensee”) constitutes an acceptance of, and a promise to comply with, all the terms and conditions of this EULA
Terms and Conditions
Licensed Software
The “Licensed Software” includes all of the contents of the files, disk(s), CD-ROM(s), DVDs, or other media for which this EULA is provided, including but not limited to: third party computer information or software that the Licensor has licensed for inclusion in the Licensed Software; written materials or files relating to the Licensed Software (“Documentation”); fonts; modified versions, updates, additions, and copies of the Licensed Software, if any.
Grant of the License
Subject to the terms and conditions of this Agreement and your payment of the license fee, Safes hereby grants you (an individual) the limited, revocable, personal, non-exclusive, and non-transferable right to download, install and activate the Software on one device solely for your personal, private and non-commercial use. Sharing the Software with others or allowing others to view the contents of this Software, is in violation of the License. You may not make the Software available over a network, or in any way provide the Software to multiple users, unless you have purchased a multi-user license from Safes in advance. Safes reserves all rights not expressly granted to You in this Agreement.
License Restrictions
1. Licensee may not and agrees not to or enable others to modify, adapt, translate, sublicense, rent, lease, or loan all or any portion of the Licensed Software or Documentation; and
2. Licensee may not and agrees not to or enable others to create any derivative works from all or any portion of the Licensed Software or Documentation; and Licensee may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Licensed Software; and
3. Licensee may not and agrees not to or enable others to use a previous version of the Licensed Software after receiving a media replacement or upgraded version as a replacement to a prior version (in such case Licensee must destroy the prior version); and
4. Licensee may not and agrees not to or enable others to use the Licensed Software in the operation of any business, aircraft, ship, nuclear facilities, life support machines, communication systems, or any other equipment in which the failure of the software could lead to personal injury, death, or environmental damage; and
5. Licensee may not and agrees not to or enable others to remove or obscure Licensor’s copyright or trademark notices, or the copyright and trademark notices of any third parties that Licensor has included in the Licensed Software or Documentation; and
6. Licensee may not and agrees not to or enable others to use the Licensed Software to host applications for third parties, as part of a facility management, timesharing, service provider, or service bureau arrangement; and
7. Licensee may not install the Licensed Software on other devices after the Licensed Software has been installed on one device without Licensor’s prior consent.
8. Licensee may not and agrees not to or enable others to use the Licensed Software in any manner that is illegal or not authorized by this EULA;
Installation
Licensee can only install one copy of the Licensed Software on a single device. The Licensee must be the primary user of the device on which the Licensed Software is installed. This Agreement shall apply to all installations of the Licensed Software. Installation of the Licensed Software on two or more devices is prohibited. The Licensee may purchase and install multiple licenses if Licensee wants to install software on two or more devices. Licensee shall be solely responsible for all expenses incurred in Licensee’s installation and use of the Licensed Software.
Software Improvement Program
Safes is committed to helping protect your privacy at all times except as otherwise provided in this Agreement. This statement explains the anonymous data collection process and usage practices for the Software Improvement Program of Safes.
In order to provide and improve the software, its features, and user’s experience, we will automatically collect, maintain process and use information concerning the way the various modules and functionalities of Safes software are being used. Information is also gathered anonymously for the purpose of statistical analysis about Software usage.
We will only use such information for the purpose of providing end users with the best possible software experience. The collected data will not be disclosed, shared, sold, traded or rented to any third parties for marketing purposes. For users who do not wish to enable this service, you may opt-out in the advanced options menu during the installation process.
Activation
The Licensed Software contains technological measures that are designed to prevent its unlicensed or illegal use. The Licensed Software may contain enforcement technology that limits Licensee’s ability to install and uninstall the Licensed Software on a machine to no more than a finite number of times, for a finite number of devices and for a defined period in time designated by the purchased License. The Licensed Software may require activation during installation and in the Documentation. If any of such applicable activation procedure(s) is not followed, the Licensed Software may only operate for a finite period of time. If activation is required, but the Licensee doesn’t complete activation within the finite period of time set forth in the Documentation or explained during installation, the Licensed Software will cease to function until activation has been completed, by which time functionality will be restored. If Licensee has any problem with the activation process, Licensee may contact the Licensor customer service for support.
Evaluation Copy
Licensee may be granted an evaluation copy of the Licensed Software free of charge for a finite period of time (the “Evaluation Copy”). Certain features and/or functionality of the Licensed Software may be locked or unavailable in the Evaluation Copy. In order to benefit from all features and functionality of the Licensed Software, Licensee have to purchase a valid license activation key. From the moment that Licensee activates Licensed Software with a valid license key, the Evaluation Copy shall cease from being considered an Evaluation Copy and all the terms of this Agreement shall commence to apply in their entirety.
Term
There are several kinds of License which Licensee may choose to purchase. If the Licensee choose to purchase a lifetime license, you may use it until terminated. If you choose to purchase a license for a specific period of time, you can only use it during the specific period. You may terminate the license at any time by destroying the Software, together with all copies thereof. The License will be terminated automatically or otherwise cease to be effective if you fail to comply with any term(s) or condition(s) of this Agreement. You shall destroy and cease using the Software, together with all copies thereof immediately after the termination of the License.
License Transfer
Licensee may not rent, lease, lend, sell, assign, sub-license, redistribute or transfer the Licensed Software or the License granted by this EULA without prior written consent of the Licensor.
Software Updates
Licensor may provide Licensee with Software Updates and/or Content Updates from time to time at no charge during the Term of this Agreement. The Licensor may, at its sole discretion, decide if Licensee can get Software Updates and/or Content Updates free of charge or if the Licensee has to pay the Updates. For the purposes hereof, “Update” means a new version of the Licensed Software containing technical modifications, updated information, altered functionality, or any other changes that are intended by Licensor to improve or to add, delete or otherwise modify any aspect of the Licensed Software. “Content Update” shall mean an update of the content used by the Licensed Software that might need to be updated from time to time. If the Licensed Software is an Update to a previous version, Licensee must possess a valid License to the previous version. Any update provided by the Licensor to Licensee is made on a License exchange basis such that Licensee agrees, as a precondition for receiving an Update, that Licensee will terminate all of Licensee’s rights to use any previous version of the Licensed Software. However, Licensee may continue to use the previous version only to assist in transitioning to the Updated version. Once an Update has been released, the Licensor may cease service or support for prior versions, without any notice to Licensee. Software Updates and/or Content Updates may be provided via the Licensed Software or on the Licensor websites. This License does not permit Licensee to obtain and use a Software Upgrade and/or a new Licensed Software version. The Licensed Software may require Content Updates in order to work effectively. The Licensor may add new functions, music track, elements, pictures, and videos, or delete original functions, music track, elements, pictures, and videos in the Update Software or Upgrade Software.
Intellectual Property Ownership
The Licensed Software and any authorized copies that Licensee makes are the intellectual property of, and are owned by, the Licensor, and by third parties whose intellectual property has been licensed to the Licensor. The structure, organization, and code of the Licensed Software are the valuable trade secrets and confidential information of the Licensor and such third parties.” The Licensed Software is protected by law, including without limitation, the copyright laws of the People’s Republic of China and the United States and other countries, and by international treaty provisions. Except as expressly provided in this EULA, Licensee is not granted any intellectual property rights over the Licensed Software. Licensee may not make or publish any public statement concerning the Licensed Software or the Licensor without the prior express written consent of the Licensor.
The Licensee can develop plug-ins properly based on the open interface protocol of the Licensed Software and use them in the licensed software based on licensee’s individual legitimate needs, but firstly licensee must obtain explicit and prior written authorization from Licensor. If Licensee fails to get the aforementioned authorization, all the legal liabilities, including but not limited to any loss of or damage to any third party will be solely born by Licensee.
Support
The Licensor is not obligated by this EULA to provide Licensee with any technical support services relating to the Licensed Software; however, Licensee may request additional support services for an additional charge or get free e-mail support as the Licensor may offer from time to time during the term of this EULA. E-mail support includes business priority technical assistance for installation and troubleshooting, and upgrade and maintenance coverage.
Termination by Safes
Subject to the terms and conditions stipulated in Article 8, Safes shall be entitled to terminate this EULA immediately upon serving written notice on the Licensee in the following circumstances: if Licensee commits a material breach of any of its obligations under this EULA which is not capable of remedy or if Licensee commits a material breach of any of its obligations under this EULA which is not remedied within fifteen (15) calendar days after receipt of a notice from Safes. Termination of this EULA shall not affect any rights, obligations or liabilities of either party which have accrued before termination, or which are intended to continue to have effect after termination.
No Warranty on Licensed Software
The licensed software is provided to licensee “as is.” the licensor, and the licensor suppliers, affiliates, agents, employees make no warranty as to its use or performance. The licensor, and the licensor affiliates, make no warranties, conditions, representations, or terms (express or implied whether by statute, common law, custom, usage, or otherwise) as to any matter including without limitation to non-infringement of third-party rights, merchantability, integration, satisfactory quality, or fitness for any particular purpose, except for, and to the extent, that a warranty may not be excluded or limited by applicable law in licensee’s jurisdiction.
Some functions of the licensed software (hereinafter referred to as “restricted functions”) are only supported by using the third party plug-ins which have been installed on your device. You agree that it is you, not licensor, who are using the third-party plug-ins. You shall not use the restricted functions of the licensed software unless you have got proper authority to use the third-party plug-ins. Furthermore, all the responsibilities of using such third-party plug-ins will be solely borne by you.
You expresssly acknowledge and agree that, to the extent permitted by applicable law, use of safes software is at your sole risk, and the entire risk as to satisfactory quality, performance, accuracy is with you. No oral or written information or advice given by safes or an authorized representative shall creat warranty.
The software may contain “open source” materials (e.g., any software subject to open source, copyleft, gnu general public license, library general public license, lesser general public license, mozilla license, berkeley software distribution license, open-source initiative license, mit, apache or public domain licenses, or similar license). Safes makes no warranties with respect to open-source materials contained in the software. These EULA’s provisions on restriction of liability shall apply.
Limitation of Liability
In no event will the licensor, or the licensor’s affiliates, its employees, agents be liable for any damages, claims, or costs whatsoever, or for any consequential, indirect, special, punitive, incidental damages, or any loss of profits or savings, even if a representative of the licensor or one of the licensor’s affiliates has been advised of the possibility of such loss, damages, claims, or costs, or for any claim by any third party. These limitations and exclusions apply to the extent permitted by applicable law in licensee’s jurisdiction. The aggregate liability of the licensor, and the licensor affiliates, its employees, agents under or in connection with this eula, shall be limited to the fees licensee has paid for the licensed software, if any.
If the software is subject to a threatened, potential or actual claim of infringement of another’s right for which safes may be liable, the licensee will make prompt and reasonable efforts to stop using and delete the software upon receiving the company’s written notice (including by email), safes may provide licensee with a replacement or updated or modified software free of charge. In such circumstance, safes shall not bear other liabilities to you.
Safes’s websites and products may include products or services owned by third party websites. Such products or services owned by third party websites are only for your convenience. Safes shall not be responsible for the license restrictions and legality of any content of such products or services owned by third party websites. You might need to review and agree to applicable rules of use when using such products or services owned by third party websites. In addition, a link to third party website does not imply that Safes endorses the site or the products or services referenced therein.
Indemnification
Licensee will indemnify and hold licensor harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney’s fees) arising from or relating to licensee’s illegal or improper uses of the licensed software from any third party. Licensee’s obligations under this section shall survive the expiration or termination of this agreement.
Export Restrictions
You may not use or otherwise export or re-export the licensed software to any countries or territories sanctioned by the United Nations or the USA. By using the licensed software, you represent and warrant that you are not located in any such countries.
Licensee Publicity Rights
During the term of this EULA, Licensee grants Licensor the right to include Licensee as a customer in software promotional material.
Licensee can deny Licensor this right by submitting a written request via email to support@Safes.comand requesting to be excluded from software promotional material. Confirmation of such denial (via reply email) must be received prior to purchasing for this exclusion to be effective.
Should the Licensee come to be or already be included in product promotional material, as a result of any prior purchases where the Licensee did not request exclusion from product promotional material, the Licensee can at any point in time, submit a written request via email to support@Safes.comto have Safes remove the Licensee’s name and other information from product promotional material. Upon receipt of such request, Safes will remove any reference to the Licensee from such promotional material within 30 days and make no further reference to the Licensee.
Governing Law and Dispute Resolution
This agreement will be governed by the laws of the People’s Republic of China without giving effect to the conflict of laws. Any disputes arising out of or in connection with this agreement shall be settled by the Shenzhen Court of International Arbitration in according with its effective rules to the extent not prohibited by local law in your jurisdiction.
Acknowledgment
By installing the software, you acknowledge that you have read and understand the fore going and that you agree to be bound by its terms and conditions. You also agree that this agreement is the complete and exclusive statement of agreement between the parties and supersedes all proposed or prior agreements, oral or written, and any other communications between the parties relating to the license described herein.
Additional Terms for Safes Drive
Acceptance
The Services are offered subject to your acceptance of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Safe’s Privacy Policy) and procedures that may be published from time to time by Safes related to the Services, client software and websites (“Services”), which shall be incorporated herein by reference. By accessing, registering for and/or using the Services in any manner you agree to the Terms. If you do not agree to the Terms, do not use the Services. You, user have the same meaning, Safes, we have the same meaning.
Changes to the Terms
We may make changes to the Terms and/or our other operating rules, policies and/or procedures from time to time, in our sole and absolute discretion. We will notify you of any changes to the Terms by posting the updated Terms on Safe’s website and/or the Services. Any changes to our operating rules, policies and/or procedures shall be incorporated herein. It is your responsibility to review the Terms frequently and to remain informed of any changes to them. The then-current version of the Terms will supersede all earlier versions. You agree that your continued use of the Services after such changes have been published will constitute your acceptance of such revised Terms and operating rules, policies and/or procedures (as applicable).
Definitions
“Safes Drive” or “Services” means our services, client software and websites.
“System” refers to the software systems and programs, the communication and network facilities, and the hardware and equipment used by Safes or its agents to make available the Services via the Internet.
Grant of the License
1. By using the Services and subject to your compliance with the Terms and your payment of the subscription fee or license fee: (i) Safes grants to you a limited, non-exclusive, non-transferable, revocable right to use and/or access the Services; and (ii) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell and/or re-sell any content, software, products and/or services obtained from and/or through the Services without the express prior written permission of Safes.
2. Our Services are protected by applicable intellectual property laws, including China copyright law, United States copyright law and international treaties. Safes reserves all rights not expressly granted to you in this Terms.
Scope of Use
1. Use of Services. Safes retains the right, in its sole and absolute discretion, to deny access to and/or use of the Services to anyone at any time and for any reason. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time. You are solely responsible for ensuring that your access to and/or use of the Services is in compliance with all laws, rules and regulations applicable to you and the right to access and/or use the Services is revoked where your access to and/or use of the Services is prohibited. Further, the Services are offered only for your use, and not for the use and/or benefit of any third party.
2. Creating an Account. To sign up, access, and/or use the Services, you must create an account (an “Account”). You agree that Safes will not be liable to you and/or to any third party for any suspension and/or termination of your Account and/or any refusal of any access to and/or use of the Services (or any portion thereof). You must provide accurate and complete information and keep your Account information updated. You are solely responsible for maintaining the security of your Account, and you are fully responsible for all activities that occur under your Account and any other actions taken in connection with your Account. Your Account is non-transferable and may not be sold, combined, and/or otherwise shared with any other person. If you violate the Terms, we may terminate your account immediately.
3. You must follow all the procedures and instructions We publish on our websites during your use of our Services.
Usage Limitations and Customer Responsibilities
Safe’s provision of the Services is conditioned on Customer’s acknowledgement of and agreement to the following:
1. Between Safes and customer, customer has exclusive control over and responsibility for your files, content, messages, contacts, and so on (“Your Stuff”). When you use our Services, you provide us with Your Stuff. These Terms don’t give us any rights to Your Stuff except for the limited rights that enable us to offer the Services.
2. We need your permission to do things like hosting Your Stuff, backing it up, and sharing it when you ask us to. Our Services also provide you with features like sharing, searching, image thumbnails, document previews, easy sorting and organization, and personalization to help reduce busywork. To provide these and other features, Safes Drive, accesses, stores, and scans Your Stuff. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.
3. Customer agrees it is solely responsible for the accuracy and appropriateness of instructions given by it and its personnel to Safes in relation to the Services, including without limitation instructions through its Account as made by the assigned Account Administrator (if applicable).
Payment
Safes may provide several kinds of subscription plan which you may choose to purchase. You can refer to Safe’s subscription introduction web pages before making a purchase. The introduction web pages also constitute an effective part of this Terms.
Electronic Communications
By using the Services, you agree to receive certain communications in connection with the Services. The communications between you and Safes use electronic means, whether you use the Services or send us emails, or whether Safes posts notices on the Services or communicates with you via email. For contractual purposes, you (i) consent to receive communications from Safes in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Safes provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be a hardcopy in writing. The foregoing does not affect your non-waivable rights.
Termination by Safes
Safes shall be entitled to terminate this Terms immediately upon serving written notice on you in the following circumstances: if you commit a material breach of any of its obligations under this Terms which is not capable of remedy or if you commit a material breach of any of its obligations under this Terms which is not remedied within fifteen (15) calendar days after receipt of a notice from Safes. Termination of this Terms shall not affect any rights, obligations or liabilities of either party which have accrued before termination, or which are intended to continue to have effect after termination.
Safes may decide to discontinue the Services in response to exceptional unforeseen circumstances, events beyond our control (for example a natural disaster, fire, or explosion), or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice so that you can export Your Stuff from our systems (we will give you no less than 30 days’ notice where possible under the circumstances). If we discontinue the Services in this way before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but haven’t received Services for.
Storage Limits
1. Deletion. Safes may delete an Account and Customer Data, including without limitation Your Stuff (whether complete or not), upon the expiration of the Subscription Term or termination of the Services. According to our business strategy, Safes may provide storage space up to 1G to the Basic Member free of charge.However, if the Basic Member doesn’t use our Services for more than 1 year, Safes reserves the right to cancel your free storage space and delete your Account and Customer Data directly.
2. Where Safes provides Services involving the provision of storage space, and/or in relation to other relevant services, Safes reserves the right to impose and vary limits and/or restrictions (temporary or otherwise) on the use of the Services, including, without limitation, limits on the storage provided by reference to storage space, time/age of files, number and/or size of files, amount of data down and/or uploaded and/or any other criteria Safes may specify.
Indemnification
You will indemnify and hold safes harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs, and expenses (including attorney’s fees) arising from or relating to your illegal or improper uses of the services from any third party. Your obligations under this section shall survive the expiration or termination of these terms.
Miscellaneous
This Terms is part of “Safes Software END USER LICENSE AGREEMENT”. By using the Services, you are agreeing to be bound by this Terms, together with all the terms and conditions of “Safes Software END USER LICENSE AGREEMENT”. If there is any conflict between this Terms and the “Safes Software END USER LICENSE AGREEMENT”, this Terms shall prevail.
To the maximum extent permitted by law, the final interpretation is left to our discretion.
