EasyShare End-User License and Service Agreement
This EasyShare End-User License and Service Agreement (hereinafter referred to as this "Agreement") is the agreement between you and %1$s with respect to the service of EasyShare (hereinafter referred to as the "App") and related technology and functions (hereinafter collectively referred to as the "Service").Please carefully read and fully understand all terms and conditions of this Agreement, especially those regarding the exemption or limitation of %1$s's liability, limitation of user rights, as well as content that is marked in bold format.Your using of the Service, in whole or in part, shall be deemed as your acceptance of all these terms of the Agreement, and shall be deemed as you have entered into a binding contract with %1$s. If you do not agree to this Agreement, you will not be able to use the Service.
1.1 You represent and warrant that you have the full capacity for civil conduct in accordance with the laws of your region when you use the Service or agree to this Agreement.
1.2 You shall not use the Service or accept this Agreement without the consent or confirmation by your parent or guardian in the case that you are a minor or you do not have the full capacity for civil conduct in accordance with the law of your region.
1.3 Your using of the Service or acceptance of this Agreement shall be deemed that you have met the provision in the first paragraph of this section or you have obtained the consent from your parent or guardian.
2.1 This Service provides you with the ability to transfer files between devices. The main functions are as follows:
2.1.1 Settings of Personal Information: You may set your own nickname and avatar when using the Service.
2.1.2 Phone Clone: You can use this service to establish a connection with another mobile device to send or receive data such as applications, music, video, audio, etc. to and from each other face-to-face.
2.1.3 Data backup: You can use the Service to establish a connection with your computer device to back up data such as applications, music and videos from your phone to your computer, or restore backup data saved on your computer to your phone.
2.1.4 File Transfer: You may establish a connection between your device and another mobile device through the Service to send/receive pictures, music, video, audio and any other contents accessible in File Management (collectively, "Contents") to/from the other party face to face.
2.2 Others
2.2.1 The specific functions supported by this Service may vary depending on the system version and model of the device, please refer to actual availability.
2.2.2 You understand and agree: in order to provide you with effective services, this Service may take advantage of your terminal processors, broadband and other resources. For the cost of data flow that may arise during the use of this Service, you need to know the relevant fee from the operator and bear the related expenses on your own.
2.2.3 In order to improve the user experience and service contents, %1$s will make efforts to develop new services and provide update service from time to time (these updates may adopt one or more forms, such as replacement, modification, strengthen function, version upgrade, content adjustment and so on). In order to ensure the consistency of safety and function of the service, %1$s has the right to update or adjust the service without giving you special notices, or to change or limit all or part of the function of the service.
3.1 %1$s hereby grants to you a non-exclusive, non-transferable, non sub-licensable, revocable and limited license to use the Service.
3.2 You agree that the licenses %1$s grants to you hereby shall not be deemed or construed to mean any sale and/ or transfer of any content, product, or service, in whole or in part, to you by %1$s.
3.3 %1$s does not expressly or implicitly grant to you any right or interest of copyright, trademark, patent, or any other intellectual property or proprietary right, save for the limited license to the Service expressly granted to you in section 3.1 of this Agreement.
3.4 You shall not make any commercial use of, modify, disassemble, decompile, or reverse engineer any related content of the Service.
3.5 You acknowledge and agree that all software and contents related to the Service, including but not limited to structures, source codes, and related documents of software, are properties of %1$s, %1$s's affiliates or their suppliers, contain valuable trade secret and/or intellectual property, and shall be regarded as confidential information of %1$s, %1$s's affiliates, or their suppliers.
3.6 You agree to use the Service only in a manner consistent with all applicable laws, including, but not limited to, in accordance with the relevant copyright and other intellectual property rights regulations and/or export control regulations.
4.1 You hereby covenant that,in your use of the Service, you will abide by all the applicable laws and regulations, and will not host, display, upload, modify, publish, transmit, store, update or share any information that:
4.1.1 belongs to another person and to which the user does not have any right;
4.1.2 is defamatory, obscene, pornographic, paedophilic, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
4.1.3 is harmful to child;
4.1.4 infringes any patent, trademark, copyright or other proprietary rights;
4.1.5 violates any law for the time being in force;
4.1.6 deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
4.1.7 impersonates another person;
4.1.8 threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
4.1.9 contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
4.1.10 is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
4.2 If you are in violation of the preceding paragraph, %1$s will have the right to unilaterally terminate the Service, remove infringing/illegal contents, and take necessary legal measures.
We attach importance to your privacy and personal information so that our collection and processing of your information will in accordance with our "privacy policy". Before you use the Service, please read the Privacy Terms for EasyShare in detail.
6.1 The Service is for your personal use only and you shall not provide it to any third party. You understand and agree that you shall be solely responsible for the results of your use (that is illegal or in violation of this Agreement) of the services, performance or functions provided by %1$s. You agree to take all risks of your using of the Service.
6.2 Notwithstanding anything to the contrary, the Service, and all information, products, software, programs, and contents related to the Service, including but not limited to the App, are provided on an "AS-IS" basis, without guarantees and warranties of any form or kind. %1$s disclaims all representation or warranties, whether explicit, implied, statutory and otherwise, including but not limited to representations and warranties of security, stability, accuracy, merchantability, fitness for a particular purpose and non-infringement of ownership and intellectual property to the maximum extent permitted by law.
6.3 %1$s hereby disclaims, and you hereby irrevocably, perpetually, and unconditionally discharge and release %1$s, its affiliates, and employees, directors, and officers of %1$s or its affiliates from all responsibilities for any indirect, incidental, special, or other damage or loss you have suffered arising out of or related to the Service or related contents, to the maximum extent permitted by law.
6.4 %1$s shall not be liable for failure to provide the Service or fulfil the obligations in this Agreement that is on account of:
6.4.1 Force majeure, including but not limited to earthquake, flood, storm, tsunami, epidemic, war, terrorist attack, riot, strike, and governmental order;
6.4.2 Repair, update of software, or upgrade of hardware operated by us or by a third party at our instance;
6.4.3 Interruption of data transmission due to network operator's problem or user's network connection problem;
6.4.4 Any problem due to software or services provided by third parties or acts of third parties;
6.4.5 Other situations in which %1$s shall suspend or terminate the Service in accordance with laws and regulations or other irresistible reasons, such as %1$s's business adjustment.
If you have any complaints, grievance, questions, comments or suggestions, you can refer to %1$s official website (https://www.%2$s.com) to contact %1$s via online Customer Care, or submit your questions via [Help & Feedback], or contact %1$s via:
The contact: Shailendra Chauhan
Email: grievance.officer@%2$s.com
Telephone: %3$s
Working time: Monday-Friday (9:30-18:00)
8.1 This Agreement constitutes the entire agreement between you and %1$s, superseding all prior agreements between you and %1$s as to the subject matter hereof.
8.2 If any provision of this Agreement is held invalid or unenforceable, the remainder shall continue in full force and effect.
8.3 Any provision of this Agreement that is not enforced shall not constitute a waiver of right by you or %1$s.
8.4 Licenses %1$s grants to you shall be limited to those expressly granted herein. %1$s reserves all rights not expressly granted to you.
8.5 If you are in breach of this Agreement, %1$s will have the right to unilaterally terminate this Agreement and cease the relevant services, without bearing any responsibility for damages. To avoid any doubt, any provision in this Agreement which is expressed or intended to continue in force shall survive the termination of this Agreement until the expiration of the agreed conditions or termination by its nature.
8.6 %1$s reserves the right to modify this Agreement from time to time. You can check the latest version of the terms of the agreement on the relevant page. Your continued use of the Service shall be deemed as your acceptance of such modified version of this Agreement.
8.7 You agree to abide by the laws, ordinances, by-laws, and other regulations of local authority, state, autonomous region, federation, and country where you are located in your using of the Service.
Updated in June, 2021