IMPORTANT NOTICE: CAREFULLY READ AND BE SURE YOU UNDERSTAND THIS EULA BEFORE YOU ACCEPT ITS PROVISIONS. FENGCHUAN LTD IS WILLING TO LICENSE THE SOFTWARE (AS DEFINED BELOW) TO YOU AS A CONSUMER OR AS AN ENTREPRENEUR ("YOU") ONLY IF YOU ACCEPT ALL OF THE PROVISIONS OF THIS EULA AND ITS RELATED TERMS AND CONDITIONS. BY CLICKING THE "I AGREE" OR "YES" BUTTON, BY LOADING THE SOFTWARE OR BY OTHERWISE INDICATING ASSENT, YOU ACCEPT THIS EULA AND THIS EULA WILL BECOME A LEGAL AND ENFORCEABLE CONTRACT BETWEEN FENGCHUAN LTD AND YOU INDIVIDUALLY, IF YOU ARE A CONSUMER OR BETWEEN FENGCHUAN LTD AND YOUR BUSINESS ENTITY, IF YOU ARE AN ENTREPRENEUR. IF YOU DO NOT AGREE TO THESE PROVISIONS, THEN CLICK "CANCEL", "NO" OR "CLOSE WINDOW".
END USER LICENSE AGREEMENT ("EULA")
This EULA concerns FengChuan Ltd's grant of a license to Software and anysofar as FengChuan Ltd provides you with Updates and/or Upgrades after installation of the Software.
FengChuan Ltd - means ChangSha FengChuan Network Technology Company. BOBO International No.2217, ChangSha, China.
You - means a Consumer and/or Entrepreneur.
Consumer - means any natural person who is provided with any Software from FengChuan Ltd for personal or for use involving his/her family.
Entrepreneur - means any natural person, legal entity or partnership, having legal capacity that is not engaged in personal or familial usage in ordering or receiving Software of FengChuan Ltd while performing its commercial or independent professional or other work.
Fee - means the price or the Certificate fee to be paid for Software of FengChuan Ltd.
Certificate - means the binary data you received from gtalkabout.com and you can install it in the computer where you sent the application. You can use the Software subject to this EULA and the Terms and Conditions applicable as of date of conclusion of the relevant agreement.
Certificate Term - means the period for which a Certificate to Software has been granted. The Certificate Term commences as soon as you have received a Certificate.
Computer - means any device that is able to process data with the assistance of a programmable calculation specification.
Software - means FengChuan Ltd's computer programs in their object code format, in this document, it means GTalkabout with it's components.
Trial Certificate - means a Certificate to use the Software for testing purposes for a limited period of time free of charge by a Customer.
Updates and Upgrades - mean the updating of the Software. Classification of the updating as an Update or Upgrade is at FengChuan Ltd's sole discretion.
Update Service - means the ongoing updating of Software through Updates and/or Upgrades and the provision of such Updates and Upgrades to you by FengChuan Ltd. Some Software requires the Update Service for functional use. FengChuan Ltd may at its sole discretion render services under its Update Service as an Update or Upgrade.
The software product is protected by Chinese copyright and international copyright treaties, as well as other intellectual property laws and treaties. FengChuan Ltd is and shall remain the owner of all intellectual property rights in the software. The software product is licensed to You on a non-exclusive, non-assignable, non-transferable, limited, personal basis, not sold.
As noted, the Terms and Conditions apply to this EULA. In the case of a conflict between this EULA and the Terms and Conditions, the Terms and Conditions shall apply.
For Software for which Updates and Upgrades are provided by FengChuan Ltd, your Certificate includes the right to receive and use Upgrades and Updates for the Certificate Term. For Software for which no Updates or Upgrades are available from FengChuan Ltd, you may use only the version of the Software for which you have paid for the Certificte Term.
Provisions for Use:
Limitations on Reverse Engineering, De-compilation, and Disassembly. You may not reverse engineer, decompile, translate, localize or disassemple the SOFTWARE PRODUCT.
In no event shall you be entitled to demand the source code for the Software in regard to any defects.
Every Certificate are available according to the relevant product information is restricted to use on one Computer by you. For this purpose, you may use any available Computer that meets the system requirements and for which the Certificate was granted.
You may not, nor may you permit another person to:
Modify, or create derivative works based upon, the Software, in whole or in part.
NOTE: TO DO SO VOIDS ANY AND ALL WARRANTIES THAT MAY APPLY;
Use the Software in special risk areas that require error-free, permanent operation of relevant systems and in which the failure of the Software may result in a direct risk for life, body or health or in substantial damages to property or the environment (high risk activities and high availability activities, including but not limited to the operation of nuclear facilities, weapon systems, aviation navigation or communication systems, life support systems and equipment, machine and production processes of pharmaceuticals and food production). FengChuan Ltd does not warrant or guarantee that the Software is fit for use in special risk areas.
FengChuan Ltd reserves all rights to bring an action to prohibit or stop any unauthorised use of Software by you, including but not limited to, claims for injunctive relief and damages.
The setup of a functional hardware and software environment for the Software shall be the solely in your responsibility.
A Trial Certificate is provided to you free of charge and "as is" except for the operability of the Software and consequently FengChuan Ltd provides no warranty to you with regard to the Software. FengChuan Ltd does not provide product support for these Certificates and you may not use them in a production environment.
Effect of Termination or Expiration of the Certificate
Termination or expiration of the Certificate granted hereunder means that your right to use the Software and Updates and Upgrades ends immediately. You will then receive no further Updates and you must uninstall the Software, as well as all back-up copies from your computer.
FengChuan Ltd offers technical support services. See www.gtalkabout.com. Such technical support shall be provided in FengChuan Ltd's sole discretion without any guarantee or warranty of any kind. It is your responsibility to back up of all your existing data, software and programs before receiving any technical support from FengChuan Ltd. FengChuan Ltd reserves the right to refuse, suspend or terminate any technical support, in its sole discretion.
Limited Warranty and Disclaimer
Limited Warranty. FengChuan Ltd warrants that, any paid Certificate of Software in it's Certificate Term will operate substantially in accordance with the Trial Certificate of software in it's Certificate Term.
Exclusive Customer Remedies. Your exclusive remedy for the breach of the foregoing limited warranty shall be return of the Fee paid by you.
EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, ALL SOFTWARE IS PROVIDED "AS IS" AND FENGCHUAN LTD MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE.
FENGCHUAN LTD MAKES NO WARRANTY OF ANY KIND AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE.
FENGCHUAN LTD ALSO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES RELATING TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, OR ABILITY TO INTEGRATE THE SOFTWARE WITH OTHER PRODUCTS. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM, THE SOFTWARE.
WITHOUT LIMITING THE FOREGOING, FENGCHUAN LTD MAKES NO WARRANTY THAT THE SOFTWARE WILL PROTECT AGAINST ALL POSSIBLE THREATS, BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES, OR THAT THE SOFTWARE WILL MEET YOUR SPECIFIC REQUIREMENTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL FENGCHUAN LTD BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR DAMAGES FROM LOST PROFITS, LOSS OF GOODWILL, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR NEGLIGENCE OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK STOPPAGE, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY OTHER DAMAGE OR LOSS. IN NO EVENT SHALL FENGCHUAN LTD BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LICENSE FEE PAID BY YOU EVEN IF FENGCHUAN LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING PROVISIONS OF SECTIONS 10 AND 11 SHALL APPLY WITH EQUAL FORCE TO ANY AUTHORIZED RESELLERS AND SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Collection of Certain System Information
FengChuan Ltd uses certain applications and tools through its website and within the Software, to retrieve hardware information about your computer system to generate the Certificate of the Software.
FengChuan Ltd also uses certain applications and tools when the main applications of GTalkabout crashed through its website and within the software, to assist FengChuan Ltd in support of the Software.
Files such as pdf, doc, xls as well other personal data, like pictures and videos are not being automatically sent.
This EULA and the Terms and Conditions, as defined above and incorporated herein, set forth all of your rights to use the Software and make up the entire agreement between the parties. This EULA and the Terms and Conditions supersede any other communications, representations or advertising relating to the Software that is the subject of this EULA.
No provision hereof shall be deemed waived unless there is a written waiver signed by an authorized FengChuan Ltd representative.
If any provision of this EULA or the related Terms and Conditions is held invalid, the remainder of this EULA and Terms and Conditions shall continue in full force and effect. To the extent that an otherwise invalid provision can be construed so as to be valid, that provision shall be so construed.
All rights not expressly set forth hereunder are reserved by FengChuan Ltd.
The descriptive headings in this EULA have been inserted for convenience and shall not limit or otherwise affect the construction or interpretation of this EULA.
You may not assign your rights under this EULA without the express written permission of FengChuan Ltd.
Copyright (C) 2011-2015 ChangSha FengChuan Network Technology Company(People's Republic of China Organization Code:57657715-2) FengChuan Ltd. All rights reserved.
Product website: http://www.gtalkabout.com