End User License Agreement for UnionTech OS Desktop Home  

Updated date:December 8th, 2020

Please read all rights and limitations stated in this End User License Agreement ("Agreement") carefully before using the UnionTech OS Desktop Home software ("software" or "UnionTech UOS"). This is a legal Agreement between you (natural person, legal person or other organizations) and UnionTech Software Technology Co., Ltd. (“UnionTech Software”), as well as its affiliates. By installing, copying and/or otherwise using the software, you signify your assent to and acceptance of the Agreement, and acknowledge that you have read and understood all the terms of the Agreement. If you represent an entity, by installing, copying and/or otherwise using the software, you are deemed to accept these terms on behalf of the entity. If you DO NOT agree any term of this Agreement, please do not install, download or use this software and its relevant services by any other means. The Agreement also applies to the software maintenance, upgrades, support services, etc. provided by UnionTech Software unless they are accompanied by other terms. Please review carefully your Service or Subscription agreement(s) that you may have with UnionTech Software or its authorized distributors regarding services and associated payments.

Unless being replaced by a new version, the Agreement applies to any version of UnionTech UOS and its related updates, and any usage of the source code, regardless the way how the software is delivered.

Even if you have read and accepted all the terms in the Agreement, you still need to be authorized to have the right to install, copy and/or use the software by any means through one of the methods shown below: (1) Obtaining the license from UnionTech Software directly; (2) Obtaining the license from UnionTech Software through the authorized distributors; (3) Obtaining the license from an authorized third party which is eligible to distribute the license. 

Besides these terms in the Agreement, you should also comply with all conditions and terms in other agreements (if any) signed with UnionTech Software and authorization documents (if any) issued by UnionTech Software, that prove your rights to use this software. The software is only licensed to Users who comply with the terms of this Agreement. Compared with their previous version in any components of the software, any part of the source code and object code that are created or modified by UnionTech Software, attached with related intellectual property rights of UnionTech Software, are owned by UnionTech Software. For all purposes of this Agreement, using the software includes downloading, installing, copying, redistributing or running a function in other ways.

1.Software Activation. After you install the software on your device, you can activate the software after establishing a connection with the Internet. You agree that we can collect and use your device and system information to access the server of the UnionTech for this purpose, so that your device can enjoy the complete functions and services of UnionTech UOS.

2.Value-Added Services. You understand and agree that some functions or services of the software can only be used after payment. You can pay for these functions and software separately through the "value-added service" function of the software at the time of activation of the software or at any time thereafter.

3.License Authorization. Subject to the following terms, UnionTech Software grants to you a perpetual, worldwide, and non-exclusive license to the software pursuant to this Agreement and “GNU General Public License” (Version 3). The software may contain the components compiled by third-party developers in accordance with the corresponding open source licenses (hereinafter referred to as “open source software component”). Each software component is under a open source license located in its source code, which should be conformed to when you use it. Pertaining solely to the software, this Agreement does not limit or change your rights or obligations under the license terms applicable to any particular open source software component.

4.Intellectual Property Rights. The program that UnionTech Software enjoys intellectual property rights in the software is protected under Copyright Law and other applicable laws. (1) You shall not remove any intellectual property rights mark from the software, and shall indicate on all copies that its intellectual property belongs to UnionTech Software and / or other licensors according to its existing expression. (2) The copyright and other intellectual property rights of the software (including but not limited to any image, picture, flash, video, record, music, word and additional program, color, User interface-design, structure), attached printing material and any copies of the software (except for trademarks and other rights owned by third parties) are all owned or lawfully licensed for use by UnionTech Software. (3) The intellectual property rights of the software and printing documents are protected under the Copyright Law, Patent Law, Trademark Law, Anti-injustice Competition Law of PRC and international laws and treaties. (4) You shall not remove any intellectual property statement regarding the software. You guarantee that you shall also copy this intellectual property statement in all copies of the software (whether in whole or part). (5) You agree to prevent any pirates of the software and the printing documents. (6) You shall not copy the printing material attached to the software.

5.Redistribution. UnionTech Software and its affiliates have legal trademark rights to “统信” “UOS” and “统信UOS” trademarks and logos. You are not permitted to use UnionTech Software trademarks without authorization, including using the trademarks for redistribution (including but not limited to software sales, pre-installation, bundling, etc.) of the software or its components, whether they have been modified or not. You may only redistribute it when such commercial redistributions are permitted by the written agreement with UnionTech.

6.Specification. The use of this software is subject to the laws and this Agreement. You are not entitled to perform, including but not limited to, the following activities by using the software:
(1)to publish, deliver, transmit or store any content that contravenes the laws and regulations belonging to the country where the User resides, or threatens the social security, social stability, or anything that is inappropriate, insulting, defamatory, obscene, violent and against the laws, regulations and policies belonging to the country where the User resides;
(2)to publish, deliver, transmit or store content that infringes other people’s intellectual property rights or trade secrets;
(3)to issue, deliver or transmit bulk advertisements or spam;
(4)to publish, transmit or distribute images, pictures, software or other materials (including but not limited to copyright, trademarks, patents, trade secrets, privacy and related personality rights) that infringe on third parties, unless you have obtained the necessary and effective authorization from the right holder in advance;
(5)to take any actions to threaten the security of the network, including but not limited to, using data or entering the server/account without permission; entering public networks or private computers and deleting, copying, amending or adding stored information without permission; without permission, attempting to detect, scan or test the weakness of the Software system or the network or attempt to conduct any other activities to damage the network security system; attempting to intervene with, affect the normal operation of, the Software or the network; intentionally spreading malicious programs or viruses, and taking other actions to damage or intervene with the normal information service of the network; forging part or all of the titles of TCP/IP packages;
(6)to use other services provided by the software and UnionTech Software in any illegal way, for any illegal purpose, or in any inconsistent way with the Agreement.
If you fail to comply with the above provisions, UnionTech Software has the right, in its sole discretion, to terminate, completely or partially suspend, or limit its normal function of the software, and reserves all rights to pursue your actions.

7.Assurance and Disclaimer. To the maximum extent permitted under the applicable law, the software is licensed "as is" without any other assurance and warranties, whether express, implied or statutory, including, but not limited to, any implied warranties of merchantability, non-infringement or fitness for a particular purpose.
The software is designed and supplied as a general purpose product and not for the specific use of any User. You should always back up your files. You are responsible for using the software at your own risk. UnionTech Software does not take any liability for the damages and risks resulting from using or inability to use the software, including, but not limited to direct or indirect personal injuries, commercial profit loss, trade interruption, data loss, or any other economic loss. UnionTech Software does not take any liability for damages caused by telecommunication systems or Internet network failures, or any other force majeure reasons (including hacking attack). If the User violates the provisions of the Agreement and makes damages, UnionTech Software has the right to take measures including, but not limited to, suspending the license, stopping the services, restricting the use, and legal investigations.

8.Support Services. (1) Provided that UnionTech Software expressly agrees and covenants that certain software support services are available in the User manual or in other associated documents, the software support service shall be provided by UnionTech Software subject to the policies and programs described in such documents. (2) Any add-on software codes (if any) provided by UnionTech Software as a part of the support services shall be deemed to be a part of the software and be governed by the Agreement. (3) You expressly assent that, UnionTech Software can use the technical information you provided (if any, such as bug feedback and suggestions) for business purpose, including but not limited to software supporting and researching. Unless necessary, UnionTech Software will not specifically mention and mark the information source when using it in support services.

9.Limited Liability. 
9.1 We promise that the Software and related activities comply with the local laws and regulations, including but not limited to (1) data protection, privacy protection and other laws and regulations related to User information collection and use; (2) telecommunications laws; (3) content rating laws, etc. For the security risks discovered or exposed, UnionTech Software has the obligation to notify the User in a timely manner and improve them actively to minimize the negative impact. In case of violation of this article, UnionTech Software shall compensate the losses suffered by the User and eliminate the adverse effect caused to the User.
9.2 In addition to the liabilities stipulated in article 9.1, the liability of UnionTech Software, as well as the authorized distributor and any component licensor, under the Agreement shall not exceed the payment amount for the media of the software in any condition. In addition, UnionTech Software is not responsible for any claims or damages arising out of or in connection with the content of the software or others related to the content provided by you or a third party.

10.Third Party Programs. UnionTech Software may distribute the third party software programs with the software, which are not the necessity to run the software, provided as a convenience to you, and are subject to their own license terms. In addition, any program you install and run based on the software is considered as the third party software program. You can determine the legal agreement between you and the third party software program licensors in accordance with the license terms accompanied with the third party software programs, and determine whether you have the right to install and run such programs according to that legal agreement. If you wish to install the third party software programs on more than one system or transfer them to another party, then you must contact the licensors of the third party software programs. 

11.Right Reservation. All rights not expressly granted with the software are owned by UnionTech Software, and the User must obtain written consent from UnionTech Software separately when using other rights.

12.License Termination. (1) UnionTech Software is entitled to terminate the Agreement at any time, if any terms or conditions in the Agreement are violated. Upon the termination, you shall destroy or return to UnionTech Software all the copies and all the associated documents of the software. (2) Provided that UnionTech Software offers you any replaced, revised or upgraded edition of the software attached with a replacement of the Agreement, which stipulates that you can use the replaced, revised or upgraded edition of the software under the condition that you accept the replacement of the Agreement, UnionTech Software may terminate this Agreement.

13.Feedback. Where you provide feedback, data or other information (collectively referred to as information, including but not limited to any ideas, concepts or technologies, as feedback, data, questions, comments, suggestions, etc. to improve the software and software-related services), regardless of the submitting method or accompanying media to UnionTech Software, all such information shall be deemed unrestricted and non-confidential. Moreover, you agree that UnionTech Software has a permanent, inalienable, non-exclusive right to use such information worldwide and share it with other parties (such as hardware and software suppliers), without any obligation to pay, compensate or reward you. UnionTech Software under this section shall also have the right to use, duplicate, modify, transmit and disseminate all information you submitted, adapt and compile it to new works, create derivative works therefrom, display and implement all information you submitted and to allow third parties to conduct the foregoing actions. Unless necessary, UnionTech Software will not specifically mention and mark the information source when using it in support services.

14.Personal Information Protection. We attach great importance to your personal information protection. We will collect data from your devices according to the provisions of the Agreement and Privacy Policy in your use of the Software. You can view the detailed information about Privacy Policy on [https://www.uniontech.com/agreement/privacy-en].

15.Jurisdiction and Applicable Law. The establishment, execution, interpretation and resolution of disputes with respect to the Agreement shall be governed by the laws of the P.R.C. When any dispute arises between UnionTech Software and the User due to the content or the implement of the Agreement, the two parties shall resolve it through friendly negotiation; if the negotiation fails, the User hereby agrees that the dispute shall be resolved in the court located in the jurisdiction where UnionTech Software resides.

16.Interpretation and Modification. UnionTech Software has the right to interpret and modify this Agreement to the maximum extent without any violation of all the applicable laws and regulations, as well as the Agreements that the software complies with, including “GNU General Public License” (Version 3). It also reserves the right to modify this Agreement at any time in accordance with the changes in relevant laws and regulations, as well as the company's conditions and business strategies. The modified Agreement will be shown in the new version of the software for acceptance before you use it. In the event of a dispute, the latest Agreement shall prevail. If you do not agree with the changes in the Agreement, you can uninstall and delete the software and destroy the relevant information. If you continue to use the software, you are deemed to have accepted the modifications in the Agreement. 

17.This Agreement is published in Simplified Chinese and English. No matter which language version you read, the Simplified Chinese version shall prevail.

18.Contact Us. If you have any questions regarding this Agreement or need any information, please contact UnionTech Software at support@uniontech.com.

