End User License Agreement for UnionTech OS Server 

Updated date: May 12, 2022

Effective date: May 12, 2022

Please read all rights and limitations stated in this End User License Agreement for UnionTech OS Server (“Agreement”) carefully before using the UnionTech OS Server software (“Software”). This is a legal Agreement between you (natural person, legal person or other organizations) and UnionTech Software Technology Co., Ltd. (“UnionTech Software” or “We”), 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 the Software 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 or running a function in other ways.

1. License.

1.1 Subject to the following terms, UnionTech Software grant you a non-exclusive， non-transferable license and revocable license in accordance with this Agreement. Where there are other stipulations in other agreements specific authorization period, after-sale guarantee period and more licensed by UnionTech Software to you, such stipulations shall prevail.

1.2 The Software may contain the components compiled by third-party developers in accordance with the corresponding open source licenses. 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.

2. Intellectual Property Rights.

2.1 All copyrights, trademarks, patents, trade secrets and other intellectual property rights of the Software, as well as all information content related to the Software (including but not limited to words, pictures, audio, video, charts, interface design, layout framework, relevant data or electronic documents, etc. in particular, “统信”, “UOS” and “统信 UOS” trademarks and logos) are protected by the laws and regulations of the People's Republic of China, except the rights that relevant obligees should enjoy in accordance with the law.

2.2 You shall not, or permit any third party to, implement, use, or transfer any of the above intellectual property rights for any commercial or non-commercial purpose without prior written consent from UnionTech Software or relevant rights holders, or 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.

3. Specification.

3.1 About Encryption. During installation, the Software may provide you with an encryption option to encrypt your hard disk, and you can implement this encryption function by setting a password. Please note that UnionTech Software will not collect your password information. This information will be stored on your personal device. You need to keep your password properly. UnionTech Software cannot and may have no way to provide you with a password retrieval service.

3.2 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.

4. 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.

5. Support Services.

5.1 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. 

5.2 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. 

5.3 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.

6. Limited Liability. 

6.1 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.

6.2 In addition to the liabilities stipulated in article 6.1, 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.

7. 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. 

8. 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.

9. License Termination. 

9.1 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. 

9.2 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.

10. 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.

11. Personal Information Protection.

11.1 To activate the Software, ensure your normal use, and protect the intellectual property rights of the Software from malicious infringement, we will collect your device information (including CPU information, BIOS information, hard disk information, and memory information), system information, and MAC address, to bind the Software with your device. After the Software is activated, if your device information and system information have changed and replaced to such an extent that we believe that it is possible that your device has changed or that the intellectual property rights of the Software may be maliciously infringed, we have the right to terminate your device continuing to use the activated software. 

Please note that the personal information collected above is the necessary personal information to ensure the normal operation of the functions and services of the Software. If you refuse to provide the above information, the Software will not function normally. Except for the aforementioned information, this software will not collect any of your personal information. For specific personal information protection matters not listed, please refer to the relevant instructions in the UnionTech Software OS Privacy Policy.

11.2 We hereby draw your attention to strengthening the management of personnel with corresponding authority, taking reasonable measures to ensure the security of relevant accounts and passwords, and abiding by relevant laws and regulations and the service rules of the Software (including but not limited to product white papers). 

All losses caused by your violation of the above terms shall be borne by you, and UnionTech Software reserves the right to terminate the provision of the Software to you at any time.

12. 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 Daxing District People's Court of Beijing.

13. Interpretation and Modification.

13.1 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 this Agreement. 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.

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

13.3 The headings to all the terms of this Agreement are for ease of reference only without actual meaning and shall be ignored in interpreting this Agreement.

14. Contact Us. 

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