This iMyFone Software End User License Agreement (Agreement or License or EULA) is between you ("Licensee") and iMyFone regarding your use of iMyFone products ("Software"). By installing the Software, you agree to be bound by the terms of this agreement.
License Grant
iMyFone hereby grants to Licensee (an individual) the revocable, personal, non-exclusive, and nontransferable right to install and activate the Software for Licensee's personal and non-commercial use, unless Licensee have purchased a business license from iMyFone. Sharing this Software with other individuals, or allowing other individuals to view the contents of this Software, is in violation of this license. Licensee may not make the Software available on a network, or in any way provide the Software to multiple users, unless Licensee have first purchased at least a multi-user license from iMyFone.
Copyright
The SOFTWARE is owned by iMyFone and protected by International copyright laws and treaty provisions. Licensee may not remove or conceal any proprietary notices, labels or marks from the Software.
Ownership
Licensee owns the media on which the software is recorded or fixed, but Licensee acknowledges that iMyFone retains ownership of the software. iMyFone reserves any rights not expressly granted to Licensee.
Restriction on Use
Licensee may not reverse engineer, decompile or disassemble the software; Licensee may not modify, adapt, translate, rent, lease, loan or create derivative works based upon the software or any part therefore.
Transfer Restriction
Licensee may not transfer or assign the rights under this agreement to another party without iMyFone's prior written consent.
Termination
- iMyFone reserves the right to terminate this Agreement if licensee violates the Agreement repeatedly. Accordingly, all rights granted to licensee herein shall immediately cease.
- Licensee may terminate this Agreement at any time, but shall promptly return all copies of the software or destroy them with verification by writing to us.
No Warranties
iMyFone MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, OF ANY KIND RELATED TO OUR PRODUCTS OR THE MATERIALS CONTAINED ON THIS WEBSITE. IMYFONE ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE OCCURRED WHILE USING OUR SOFTWARE INCORRECTLY.
ADDITIONAL EULA TERMS (Lockwiper for iOS, Lockwiper for Android)
This Additional EULA Terms shall apply to Lockwiper for iOS and Lockwiper for Android (collectively referred to as Software). This Additional EULA shall not apply to other iMyFone software products except as otherwise provided by iMyFone.
IMPORTANT: This Additional EULA Terms is part of "iMyFone Software END USER LICENSE AGREEMENT". By installing the Software, the End User (hereinafter referred to as you or the End User) is agreeing to be bound by this Additional EULA Terms, together with all the terms and conditions of "iMyFone Software END USER LICENSE AGREEMENT".
1. GRANT OF LICENSE
This EULA grants you the following rights with respect to the SOFTWARE:
iMyFone hereby grants you a revocable, personal, non-exclusive and nontransferable license to install and activate the Software on only one device(including but not limited to computer, cellphone, tablet computer, etc) for your personal and non-commercial use unless you have bought a commercial or business license. You may not make the Software available on a network, or in any way provide the Software to multiple users, unless you have first purchased at least a Business license or a Multi-users license from iMyFone. For Business License, you must provide the Software to multiple users according to the number of pieces you choose to buy at the time of purchase.
iMyFone have the right to stipulate a different restriction about the number of device Software can be installed on in the product description at the time of purchase.
2. LIMITATION OF USE
The trial license has fewer functions compared with personal license and business license, and can only be used for a specific period of time. After such period, you must purchase a personal license or business license if you want to continue to use. If you have bought a Personal License, you are restricted from using this Software for commercial or financial gain, including but not limited to, performing technical or consulting services.
If you are a service provider or managed service provider ( collectively, "MSP") that provides software and systems management services, you must buy a Business License rather than a Personal License. And you may, subject to the terms and conditions of this EULA, use the Software in the performance of the foregoing services. Deployment for the purposes of servicing multiple customers concurrently per Software license is permitted only with a Commercial license. MSP may not permit their customers to access and/or use the Software directly, either via a hosted software solution or a hosted or leased hardware solution.
If you contract with a third party to perform services such as network management, monitoring, implementation, consulting or other outsourcing services for you (the "Consultant"), the Consultant may use the Software licensed by you solely for your benefit in the performance of such contract, provided, however, that you ensure that the Consultant uses the Software in accordance with the terms of this EULA. Notwithstanding the foregoing, the Consultant is not authorized under your license to use the Software for its own internal business use.
3. PROTECTION OF PRIVACY
iMyFone respects and protects your privacy, and will not share, sell, use or disclose your personal information to any third-parties, unless your written agreement under related law and regulation.
Under the following conditions, iMyFone will disclose your personal information based on your will or the laws. You will be responsible for the resulting problems.
- Obtain your prior authorization;
- Reveal your personal information to offer products and services requested by you;
- According to relevant laws, regulations or requirements of the relevant government agencies;
- To protect iMyFone's legal rights and interests;
- You violate the provisions of the EULA;
4. TERM OF LICENSE
The purchase of a license gives the End User the right to use the Software for a specific period of time or perpetual, which is decided by the license period you choose to buy.
5. COPYRIGHT
All title and copyrights in and to the SOFTWARE(including but not limited to any images, photographs, animations, video, audio, music, and text incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE are owned by iMyFone or its suppliers. The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material, and may not remove or conceal any proprietary notices, labels or marks from the Software.
6. DISCLAIMER OF WARRANTY
iMyFone DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAD FULL OPPORTUNITY TO TEST THE SOFTWARE BEFORE ANY LIVE, PUBLIC OR PRODUCTION USE, SO THAT YOU ASSUME FULL RESPONSIBILITY FOR SELECTING AND USING SOFTWARE, AND THAT IF YOU USE SOFTWARE IMPROPERLY OR AGAINST INSTRUCTIONS, YOU MAY CAUSE DAMAGE TO YOUR COMPUTER, CELLPHONE, TABLET COMPUTER, OTHER FACILITIES AND FACILITY SYSTEM. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SOFTWARE IS BORNE BY YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary by jurisdiction.
7. MISCELLANEOUS
iMyFone DOES NOT ALLOW YOU TO UTILIZE OUR SOFTWARE TO DO ANYTHING THAT VIOLATES THE LOCAL LAW OR INFRINGE ANY PARTY'S RIGHTS OR INTELLECTUAL PROPERTY. IF YOU UTILIZE OUR SOFTWARE TO DO THE ILLEGAL ACTIVITY OR INFRINGE OTHER'S RIGHTS, THE CONSEQUENT RESULT SHALL BE ON YOUR OWN RESPONSIBILITY. IF YOU DISAGREE WITH THIS ITEM, PLEASE DON'T INSTALL AND/OR USE THE SOFTWARE.
Adolescents may not use the services provided by iMyFone to browse the content of any illegal, obscene, pornographic and other violations of public order and morals.
To the maximum extent permitted by law, the final interpretation is left to our discretion. Should you have any questions concerning this EULA, or if you desire to contact iMyFone for any reason, please write to us.
If there is any conflict between this Additional EULA Terms and the "iMyFone Software END USER LICENSE AGREEMENT" this Additional EULA terms shall prevail.
ADDITIONAL EULA TERMS (TopClipper Value-added Services)
The iMyFone TopClipper Video Cloud Storage Service is a value-added service provided to you in connection with TopClipper.
You must ensure that the materials submitted to us, your use of our services or value-added services, and the results generated therefrom do not infringe on the legitimate rights and interests of any third party. If any third party makes a claim or files a lawsuit against us due to copyright infringement, violation of third-party rights, or violation of applicable laws, or if a lawsuit is likely to be brought against such third parties, you shall indemnify us for any costs or losses incurred and hold us fully harmless.
If any third-party institution or individual raises doubts or complaints about the ownership of the intellectual property rights of the materials involved in your use of our services or value-added services, you are responsible for providing relevant intellectual property documentation and cooperating with us in handling such complaints.
You acknowledge that the intellectual property rights of any materials, technology or technical support, software, services, etc. provided to you by us belong to us or third parties (if applicable). Without our express consent, you are not authorized to copy, distribute, transfer, license, or allow others to use the aforementioned resources. Otherwise, you shall bear the corresponding responsibilities.