This End-User License Agreement (EULA) is a legal document granted by Pentium Networks Technology Co., Ltd. (hereinafter referred to as "Pentium") to authorize you to use the software program, namely Mavis (hereinafter referred to as "the Software"). If you do not agree to any terms of this agreement, please do not install, copy or use the Software. By using the Software, you are deemed to have accepted and fully understood the content of this license.
1. Intellectual Property Rights
All intellectual property rights (including but not limited to copyrights, etc.) of the Software and the data and documents contained in the package are owned by Pentium or legally authorized by Pentium and are protected by relevant laws and regulations.
2. License to Use
You are only authorized to install and use the Software within the agreed device and computer room and are not allowed to use the Software outside of that single device. Support services only apply to the officially licensed version of the software and are limited to the scope of support services provided by the company. Support services are provided by the company and are subject to the company's standard support procedures and schedule. The license period of the Software shall be in accordance with the licensing method and period provided by the company, and the user shall use the Software legally within the license period. Upon expiration of the license period or termination of this agreement, the user shall stop using the Software and comply with the relevant license restrictions and terms.
3. Copying Restrictions
The Software and its accompanying documents are products of Pentium, and their copyrights are owned by Pentium. Pentium only authorizes you to use them in accordance with the agreement, and all other copying or backup behaviors are strictly prohibited. You are not allowed to sell, rent, disassemble, reverse engineer, copy, translate, modify, derive, or obtain the source code of the Software in any other way, nor are you allowed to use the Software for purposes other than those specified in this agreement. However, if you sign a distribution or agency agreement with Pentium separately, you have the right to sublicense the Software in accordance with the agreement, and the details shall be subject to the provisions of the distribution or agency agreement.
4. Enterprise Users
If the "Software" needs to be installed on a device other than the agreed device for use, "Pentium" should be granted additional authorization. Please contact "Pentium" or the local agent to purchase additional usage authorization.
5. Privacy Policy
This privacy policy explains the personal information that the software of "Pentium" collects from you, how it uses this information, and the tracking technology that may be used for data collection. "Pentium" may collect your personal information when you use the Software to improve the quality of the service. "Pentium" reserves the right to modify this privacy policy by adding or deleting content at any time. Any updated privacy policy will be announced on the terms of use and will take effect immediately.
Data collected by "Pentium"
a. Automatic Collection: When you utilize the "Pentium" software, "Pentium" may automatically collect and record data pertaining to your computer or mobile device and your activities. Such data may encompass
l The IP address of your computer or mobile device
l Technical information of your computer or mobile device (such as model, web browser, or operating system)
l Your preferences and settings (such as time zone, language, etc.)
l The unique ID number of your computer or mobile device
l The time you use the "Pentium" software and the services and features you utilize.
Legal Matters: "Pentium" may use or disclose the information of users who utilize the software in response to legal requests, such as subpoenas, court orders, or government agency requests, as required by law, or in relation to threats of litigation, investigation or reporting of illegal activities, protection of "Pentium" customers, the "Pentium" software, and the legal rights of "Pentium" software users, or the exercise of "Pentium" rights or defense of "Pentium" claims. In the event of corporate restructuring, such as acquisition or merger, "Pentium" may transfer your data to another company.
1. Liability for Compensation
You agree to bear all losses, expenses, debts, settlement amounts or costs (including but not limited to legal fees) incurred by "Pentium" due to your violation of this Agreement, and undertake to compensate "Pentium" for the aforementioned costs.
2. Third-Party Offerings
"Pentium" may allow you to access third-party content, software applications, and data services, including but not limited to various network applications ("Third-Party Offerings"), and interact with them through this software. Your access and use of any Third-Party Offerings shall be subject to the relevant terms agreed between you and the respective third-party provider, as well as the copyright laws of the country to which the third party belongs.
The ownership and provision of Third-Party Offerings do not belong to "Pentium". Third-Party Offerings may be modified or discontinued at any time for any reason, and "Pentium" shall not control, guarantee or assume any liability for any related obligations arising from the use of Third-Party Offerings. Any agreements reached between you and any third-party regarding Third-Party Offerings, including privacy policies, use of your personal information, delivery and payment of goods and services, and any other terms, conditions, guarantees, or statements related to the third party, shall be solely between you and the third-party, and you shall consider assuming all risks or liabilities associated with using Third-Party Offerings on your own.
3. Non-Guarantee Statement
Pentium cannot guarantee or warrant that there will be no risk of data loss, damage, or any other type of loss during the installation and execution of this software. The effectiveness of enterprise software in processing data is closely related to the software and hardware specifications of the environment it is used in and the status and conditions of external network services. This software has been developed and rigorously tested by Pentium, but it cannot test all possible combinations of software and hardware environments. Therefore, you must understand and accept the risks associated with using this software.
To the extent permitted by law, Pentium provides you with this software and any support services for this software. However, Pentium does not guarantee that the software or the data contained in it is free from defects or errors. Before using this software, you should regularly back up information, data, documents, or other content and be responsible for recovering lost, damaged, or destroyed information, data, documents, or other content yourself.
Pentium is not responsible for any indirect, special, incidental, or consequential damages, including but not limited to loss of profits, damage to reputation, work interruption, system failure, or other commercial harm or loss caused by the use of this software.
Pentium is not responsible for any loss, damage, or destruction of information, data, documents, or other content during the support service period or related to support services.
4. Limitation of Liability and Compensation:
Although you may incur damages for any reason, Pentium shall only be responsible for express written commitments and any compensation owed to you shall be limited to the fees paid by you for this software under this agreement.
In any event, even if Pentium is aware of the possibility of loss, it shall not be liable for any loss resulting from such awareness.
5. Prohibition of Transfer:
You may not transfer or sublicense the use of this software to any third party based on the authorization granted to you under this agreement. The user shall maintain the confidentiality of the software, related technical information, and business information. Without prior written consent from the company, the user shall not disclose or make public the software, related technical information, and business information to any third party. The user shall comply with the confidentiality standards and procedures provided by the company to ensure the security measures for the software and related information. The terms of this confidentiality agreement shall remain in effect even after the termination or rescission of the contract and shall continue to be binding on both parties.
6. Jurisdiction of Agreement
With respect to any dispute arising from this agreement, both Pentium and you agree that the court located in Pentium's jurisdiction shall have the primary jurisdiction.
7. Other
If any provision of this agreement is found to be invalid, it will not affect the validity or enforceability of the other provisions. Pentium reserves the right to change, modify, add, or remove any part of this agreement at any time at its discretion. It is your responsibility to periodically review changes to this agreement. Your continued use of the software after changes are posted indicates your acceptance and agreement to such changes. As long as you comply with this agreement, Pentium grants you a personal, non-exclusive, non-transferable, and limited right to access and use the software.