FamiKit END USER LICENSE AGREEMENT
This FamiKit End User License Agreement (Agreement or License or EULA) is between the end user (hereinafter referred to as You or Licensee), and FamiKit team, the developer and owner of the program and software (hereinafter referred to as Licensed Software or FamiKit Software or Software).
TO ENTER INTO THIS LICENSE AGREEMENT, YOU MUST BE AN ADULT. IF YOU ARE A CHILD, YOU MUST ASK ONE OF YOUR PARENTS OR LEGAL GUARDIAN TO READ AND ACCEPT THIS LICENSE AGREEMENT FOR YOU. PARENT(S) OR HOLDER(S) OF PARENTAL RESPONSIBILITY MUST ACCEPT THIS LICENSE AGREEMENT ON YOUR BEHALF AND TAKE FULL RESPONSIBILITY FOR ALL OBLIGATIONS IMPOSED ON AN END USER PURSUANT TO THE TERMS OF THIS LICENSE AGREEMENT.
BY RUNNING THE SOFTWARE, OR CLICKING THE BUTTON INDICATING YOUR ACCEPTANCE IN THE WINDOW CONTAINING THE LICENSE AGREEMENT, OR ENTERING CORRESPONDING SYMBOL(S) YOU REPRESENT THAT YOU ARE AN ADULT AND ARE EITHER ACCEPTING THIS LICENSE AGREEMENT ON BEHALF OF YOURSELF OR YOUR CHILD AND YOU TAKE FULL RESPONSIBILITY FOR ALL OBLIGATIONS IMPOSED ON AN END USER PURSUANT TO THE TERMS OF THIS LICENSE AGREEMENT.
ALSO RUNNING THE SOFTWARE, OR CLICKING THE BUTTON INDICATING YOUR ACCEPTANCE IN THE WINDOW CONTAINING THE LICENSE AGREEMENT, OR ENTERING CORRESPONDING SYMBOL(S) CONSTITUTES YOUR UNCONDITIONAL ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT AND ENTITLES YOU THE RIGHT TO USE THE SOFTWARE IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
IF YOU DO NOT AGREE WITH THE TERMS OF THIS LICENSE AGREEMENT OR YOU ARE NOT AN ADULT, YOU MUST ABORT THE INSTALLATION OF THE SOFTWARE AND/OR DELETE THE SOFTWARE.
IF LICENSE CONTRACT OR SIMILAR DOCUMENT ACCOMPANIES SOFTWARE, TERMS OF THE SOFTWARE USE DEFINED IN SUCH DOCUMENT PREVAIL OVER THE CURRENT LICENSE AGREEMENT.
1. Definitions
“FamiKit” means the software developed by FamiKit Team and downloaded and installed in your Device/s to enable use of the Services, and includes the FamiKit App.
“FamiKit Platform” means the FamiKit online platform providing access to the FamiKit online parental control panel (dashboard), and feedback forms enabling you to access and use the Services.
“Service” means the FamiKit parental control service, Device Software and FamiKit App, to enabling monitoring and storing of online activity reports and content of communications, in particular social networks, and the blocking of certain categories of sites, at your option.
“Devices” means any devices, including but not limited to computers, laptops, phones, and tablets, compatible with the Services which you either own or have a right to use.
“Users” means any natural person using the FamiKit and/or the Services.
“FamiKit Account” (or “Account”) means the account created by You in order to access and use the Services.
2. Grant of License and Conditions
Grant of License. Subject to the Terms set out herein, you are hereby granted a limited, revocable, non-exclusive and non-transferable license (without right to sub-license) to access and use the Services with respect to your Devices for your own internal and non-commercial use only.
You understand that the Services and FamiKit shall be used only for the parental control of your children for whom You are the legal guardian. The terms of Children are defined as below:
3. Restrictions on Use
You are responsible for all activities undertaken under your Account, including the activities undertaken by the people authorized by you. We reserve the right to exclude you from the Services without prior warning should you, or any of your Users, breach these Terms of this EULA.
You agree:
4. Privacy and Data Protection
4.1 User Content.
The Services monitor and store information transmitted from the Devices where the FamiKit is installed, which may relate to both offline and online activities of Users (usage of applications, searching, social networks, browsing, etc.), certain communications (social network forms, instant messaging, etc.), and includes without limitation contact names and other information of the User Account in the Services (collectively, “User Content”). While we collect, store and analyze this information for You and on your behalf, you and the Users are sole owners of this information and are solely responsible for all User Content that is transmitted to us. You, on your own behalf and on behalf of your Users, grant us a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to store User Content on our servers for purposes set out in these Terms.
4.2 Responsibility for User Content.
We do not control or supervise any User Content, except when required to in accordance with your instructions (e.g. through configuration of the FamiKit Platform) or by applicable law, competent court or administrative decision. We do however reserve the right to eliminate at any time any User Content if we become aware that it infringes or may infringe the law or third party rights.
4.3 User Content on termination.
In the event of termination for any reason, your access to your Account and all of your User Content will be disabled and your User Content will be deleted. However, we may retain such User Content to cover any legal responsibilities that may arise from our relationship with you. Access to such data will be blocked in accordance with applicable laws unless such event arises.
4.4 The Services enables you to process personal data of Users under your control.
Our privacy policy is part of these Terms, and you expressly accept the terms of the privacy policy.
5. Warranties
5.1 Your warranties.
You warrant that you will use the Services in accordance with these Terms and applicable law. In particular, you will use the Services, including the FamiKit Software, in compliance with applicable law as to privacy, telecommunications secrecy, non-discrimination, and the protection of personal image, honor and reputation. You undertake to fully comply with our Privacy Policy, which is incorporated as a part hereof. You warrant that (a) you are older than 18 years old, and (b) you are the owner of the Devices on which you wish to install the FamiKit software, and (c) you have informed any Users that are 14 years old or more that the Devices used by them include a control and monitoring software and have obtained authorization from such Users for this kind of activity.
5.2 Limitation of Warranties.
Except as established by mandatorily applicable law, your use of the FamiKit Platform, Software and/or Services, including any content, information or functionality contained within it, is provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
5.3 Links.
Our FamiKit Platform contains links to third party Internet sites. We make no representation whatsoever nor accept any responsibility about such sites nor have any control over them. Any third-party content or a link to a third-party site is for informational purposes only.
6. Miscellaneous
WE DO 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.
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 FamiKit for any reason, please write to us.
TERMS AND CONDITIONS:
1. LICENSED SOFTWARE
The "Licensed Software" includes all of the contents of the files, disk(s), CD-ROM(s), DVDs, or other media for which this EULA is provided, including but not limited to: third party computer information or software that the Licensor has licensed for inclusion in the Licensed Software; written materials or files relating to the Licensed Software ("Documentation"); fonts; modified versions, updates, additions, and copies of the Licensed Software, if any.
2. GRANT OF THE LICENSE
Subject to the terms and conditions of this Agreement, FamiKit hereby grants you (an individual) the limited, revocable, personal, non-exclusive, and non-transferable right to download, install and activate the Software on one device solely for your personal, private and non-commercial use, unless you have purchased a commercial or business license from FamiKit. Sharing the Software with others, or allowing others to view the contents of this Software, is in violation of the License. You may not make the Software available over a network, or in any way provide the Software to multiple users, unless you have purchased a multi-user license from FamiKit in advance. FamiKit reserves all rights not expressly granted to You in this Agreement.
3. LICENSE RESTRICTIONS
4. INSTALLATION
Licensee may install one copy of the Licensed Software on a single device. The Licensee must be the primary user of the device on which the Licensed Software is installed. This Agreement shall apply to all installations of the Licensed Software. Installation of the Licensed Software on two or more devices is prohibited. The Licensee may purchase and install multiple licenses if Licensee wants to install software on two or more devices. Licensee shall be solely responsible for all expenses incurred in Licensee's installation and use of the Licensed Software.
5. SOFTWARE IMPROVEMENT PROGRAM
FamiKit is committed to helping protect your privacy at all times except as otherwise provided in this Agreement. This statement explains the anonymous data collection process and usage practices for the Software Improvement Program of FamiKit.
In order to provide and improve the software, its features, and user's experience, we will automatically collect, maintain, process and use information concerning the way the various modules and functionalities of FamiKit software are being used. Information is also gathered anonymously for the purpose of statistical analysis about Software usage.
We will only use such information for the purpose of providing end users with the best possible software experience. The collected data will not be disclosed, shared, sold, traded or rented to any third parties for marketing purposes. For users who do not wish to enable this service, you may opt-out in the advanced options menu during the installation process.
6. ACTIVATION
The Licensed Software contains technological measures that are designed to prevent its unlicensed or illegal use. The Licensed Software may contain enforcement technology that limits Licensee's ability to install and uninstall the Licensed Software on a machine to no more than a finite number of times, for a finite number of devices and for a defined period in time designated by the purchased License. The Licensed Software may require activation during installation and in the Documentation. If any of such applicable activation procedure(s) is not followed, the Licensed Software may only operate for a finite period of time. If activation is required, but the Licensee doesn't complete activation within the finite period of time set forth in the Documentation or explained during installation, the Licensed Software will cease to function until activation has been completed, by which time functionality will be restored. If Licensee has any problem with the activation process, Licensee may contact the Licensor customer service for support.
7. EVALUATION COPY
Licensee may be granted an evaluation copy of the Licensed Software free of charge for a finite period of time (the "Evaluation Copy"). Certain features and/or functionality of the Licensed Software may be locked or unavailable in the Evaluation Copy. In order to benefit from all features and functionality of the Licensed Software, Licensee have to purchase a valid license activation key. From the moment that Licensee activates Licensed Software with a valid license key, the Evaluation Copy shall cease from being considered an Evaluation Copy and all the terms of this Agreement shall commence to apply in their entirety.
8. TERM
There are several kinds of License which Licensee may choose to purchase. If the Licensee choose to purchase a lifetime license, you may use it until terminated. If you choose to purchase a license for a specific period of time, you can only use it during the specific period. You may terminate the license at any time by destroying the Software, together with all copies thereof. The License will be terminated automatically or otherwise cease to be effective if you fail to comply with any term(s) or condition(s) of this Agreement. You shall destroy and cease using the Software, together with all copies thereof immediately after the termination of the License.
9. LICENSE TRANSFER
Licensee may not rent, lease, lend, sell, assign, sub-license, redistribute or transfer the Licensed Software or the License granted by this EULA without prior written consent of the Licensor.
10. SOFTWARE UPDATES
Licensor may provide Licensee with Software Updates and/or Content Updates from time to time at no charge during the Term of this Agreement. The Licensor may, at its sole discretion, decide if Licensee can get Software Updates and/or Content Updates free of charge or the Licensee has to pay for the Updates. For the purposes hereof, "Update" means a new version of the Licensed Software containing technical modifications, updated information, altered functionality, or any other changes that are intended by Licensor to improve or to add, delete or otherwise modify any aspect of the Licensed Software. "Content Update" shall mean an update of the content used by the Licensed Software that might need to be updated from time to time. If the Licensed Software is an Update to a previous version, Licensee must possess a valid License to the previous version. Any update provided by the Licensor to Licensee is made on a License exchange basis such that Licensee agrees, as a precondition for receiving an Update, that Licensee will terminate all of Licensee's rights to use any previous version of the Licensed Software. However, Licensee may continue to use the previous version only to assist in transitioning to the Updated version. Once an Update has been released, the Licensor may cease service or support for prior versions, without any notice to Licensee. Software Updates and/or Content Updates may be provided via the Licensed Software or on the Licensor websites. This License does not permit Licensee to obtain and use a Software Upgrade and/or a new Licensed Software version. The Licensed Software may require Content Updates in order to work effectively. The Licensor may add new functions, music track, elements, pictures, videos, or delete original functions, music track, elements, pictures, and videos in the Update Software or Upgrade Software.
11. INTELLECTUAL PROPERTY OWNERSHIP
The Licensed Software and any authorized copies that Licensee makes are the intellectual property of, and are owned by, the Licensor, and by third parties whose intellectual property has been licensed to the Licensor. The structure, organization, and code of the Licensed Software are the valuable trade secrets and confidential information of the Licensor and such third parties. The Licensed Software is protected by law, including without limitation, the copyright laws of the People's Republic of China and the United States and other countries, and by international treaty provisions. Except as expressly provided in this EULA, Licensee is not granted any intellectual property rights over the Licensed Software. Licensee may not make or publish any public statement concerning the Licensed Software or the Licensor without the prior express written consent of the Licensor.
12. SUPPORT
The Licensor is not obligated by this EULA to provide Licensee with any technical support services relating to the Licensed Software; however, Licensee may request additional support services for an additional charge or get free e-mail support as the Licensor may offer from time to time during the term of this EULA. E-mail support includes business priority technical assistance for installation and troubleshooting, and upgrade and maintenance coverage.
13. TERMINATION BY FAMIKIT
Subject to the terms and conditions stipulated in Article 8, FamiKit shall be entitled to terminate this EULA effective immediately upon serving written notice on the Licensee in the following circumstances; if Licensee commits a material breach of any of its obligations under this EULA which is not capable of remedy or if Licensee commits a material breach of any of its obligations under this EULA which is not remedied within fifteen (15) calendar days after receipt of a notice from FamiKit. Termination of this EULA shall not affect any rights, obligations or liabilities of either party which have accrued before termination or which are intended to continue to have effect after termination.
14. NO WARRANTY ON LICENSED SOFTWARE
THE LICENSED SOFTWARE IS PROVIDED TO LICENSEE "AS IS." THE LICENSOR, AND THE LICENSOR SUPPLIERS, AFFILIATES, AGENTS, EMPLOYEES MAKE NO WARRANTY AS TO ITS USE OR PERFORMANCE. THE LICENSOR, AND THE LICENSOR AFFILIATES, MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, EXCEPT FOR, AND TO THE EXTENT, THAT A WARRANTY MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW IN LICENSEE'S JURISDICTION.
YOU EXPRESSSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF FAMIKIT SOFTWARE IS AT YOUR SOLE RISK, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY IS WITH YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FAMIKIT OR AN AUTHORIZED REPRESENTATIVE SHALL CREAT WARRANTY.
THE SOFTWARE MAY CONTAIN "OPEN SOURCE" MATERIALS (E.G., ANY SOFTWARE SUBJECT TO OPEN SOURCE, COPYLEFT, GNU GENERAL PUBLIC LICENSE, LIBRARY GENERAL PUBLIC LICENSE, LESSER GENERAL PUBLIC LICENSE, MOZILLA LICENSE, BERKELEY SOFTWARE DISTRIBUTION LICENSE, OPEN SOURCE INITIATIVE LICENSE, MIT, APACHE OR PUBLIC DOMAIN LICENSES, OR SIMILAR LICENSE). FAMIKIT MAKES NO WARRANTIES WITH RESPECT TO OPEN SOURCE MATERIALS CONTAINED IN THE SOFTWARE. THESE EULA'S PROVISIONS ON RESTRISTION OF LIABILITY SHALL APPLY.
15. LIMITATION OF LIABILITY
IN NO EVENT WILL THE LICENSOR, OR THE LICENSOR'S AFFILIATES, ITS EMPLOYEES, AGENTS BE LIABLE FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER, OR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL DAMAGES, OR ANY LOSS OF PROFITS OR SAVINGS, EVEN IF A REPRESENTATIVE OF THE LICENSOR OR ONE OF THE LICENSOR'S AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THESE LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN LICENSEE'S JURISDICTION. THE AGGREGATE LIABILITY OF THE LICENSOR, AND THE LICENSOR AFFILIATES, ITS EMPLOYEES, AGENTS UNDER OR IN CONNECTION WITH THIS EULA, SHALL BE LIMITED TO THE FEES LICENSEE HAS PAID FOR THE LICENSED SOFTWARE, IF ANY.
IF THE SOFTWARE IS SUBJECT TO A THREATENED, POTENTIAL OR ACTUAL CLAIM OF INFRINGEMENT OF ANOTHER'S RIGHT FOR WHICH FAMIKIT MAY BE LIABLE, THE LICENSEE WILL MAKE PROMPT AND REASONABLE EFFORTS TO STOP USING AND DELETE THE SOFTWARE UPON RECEIVING THE COMPANY'S WRITTEN NOTICE (INCLUDING BY EMAIL), FAMIKIT MAY PROVIDE LICENSEE WITH A REPLACEMENT OR UPDATED OR MODIFIED SOFTWARE FREE OF CHARGE. IN SUCH CIRCUMSTANCE, FAMIKIT SHALL NOT BEAR OTHER LIABILITIES TO YOU.
16. INDEMNIFICATION
LICENSEE WILL INDEMNIFY AND HOLD LICENSOR HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, LIABILITIES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING FROM OR RELATING TO LICENSEE'S ILLEGAL OR IMPROPER USES OF THE LICENSED SOFTWARE FROM ANY THIRD PARTY. LICENSEE'S OBLIGATIONS UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT.
17. END-USER GENERATED CONTENT
The Licensed Software enables the Licensee to enter content that will be stored on the device on which the Licensed Software is installed (such content shall be referred to herein as the "End-User Generated Content"). Licensee is solely responsible for Licensee's use, storage and disclosure of the End-User Generated Content. Licensee may only use the End-User Generated Content responsibly, in a manner consistent with the exercise of good judgment. The Licensed Software may permit the Licensee to enter, copy, edit Content that constitutes non-public personal information of individuals other than the Licensee; the Licensee shall not use, store or disclose any such information without the express consent of the individuals to whom it relates. If Licensee is having difficulty deciding whether Licensee's intended use is appropriate, or whether Licensee needs written permission, or whether other legal issues should be considered, the Licensor strongly encourages Licensee to seek competent legal counsel. The Licensor will not assist Licensee in making this determination, nor can the Licensor provide Licensee with legal advice as to intellectual property rights or privacy laws.
Licensee may only use End-User Generated Content which belongs to Licensee and will not violate the rights of others therein. The Licensor will not edit or monitor any and all Content; Licensee therefore assumes exclusive responsibility for the monitoring thereof. Licensee may not use the Licensed Software in conjunction with content that is illegal, obscene, indecent, defamatory, incites racial or ethnic hatred or violates the rights of others, or is in any other way objectionable.
Licensee is responsible for independently verifying the accuracy and completeness of Licensee's contents (e.g. any technical illustrations or diagrams for operation guides, parts catalogs, schematics, writing diagrams, assembly instructions, maintenance manuals, architectural presentations or other materials You create and/or modify using Our Software).
Licensee may only use End-User Generated Content which belongs to Licensee and will not violate the rights of others therein. The Licensor will not edit or monitor any and all Content; Licensee therefore assumes exclusive responsibility for the monitoring thereof.
Licensee may not use the Licensed Software in conjunction with content that is illegal, obscene, indecent, defamatory, incites racial or ethnic hatred or violates the rights of others, or is in any other way objectionable.
If Licensee or Licensee's attorney determines that Licensee is required by law to obtain written permission to use portions of the End-User Generated Content, Licensee must request permission for reproduction, redistribution, or modification of the Content from the appropriate owner of the subject materials (as may be cited in the Licensed Software). If, on the other hand, Licensee or Licensee's attorney determines it is permissible to proceed and include End-user Generated Content from the Licensed Software, the Licensor asks Licensee to correctly designate the Licensor trademark(s) when referring to the Licensed software in the notice or copyright portion of Licensee's paper, project, or product. Licensee shall indemnity, hold harmless, and defend the Licensor and the Licensor suppliers from all claims, damages, attorneys' fees, costs, and lawsuits that arise from, or result from, Licensee's use or distribution of any and all Content and its use of the Licensed Software.
18. EXPORT RESTRICTIONS
You may not use or otherwise export or re-export the licensed software to any countries or territories sanctioned by the United Nations or the USA. By using the licensed software, you represent and warrant that you are not located in any such countries.
19. LICENSEE PUBLICITY RIGHTS
During the term of this EULA, Licensee grants Licensor the right to include Licensee as a customer in software promotional material.
Licensee can deny Licensor this right by submitting a written request via email to support@famikit.com and requesting to be excluded from software promotional material. Confirmation of such denial (via reply email) must be received prior to purchasing for this exclusion to be effective.
Should the Licensee come to be or already be included in product promotional material, as a result of any prior purchases where the Licensee did not request exclusion from product promotional material, the Licensee can at any point in time, submit a written request via email to support@famikit.com to have FamiKit remove the Licensee's name and other information from product promotional material. Upon receipt of such request, FamiKit will remove any reference to the Licensee from such promotional material within 30 days and make no further reference to the Licensee.
20. GOVERNING LAW AND DISPUTE RESOLUTION
This agreement will be governed by the laws of the People's Republic of China without giving effect to the conflict of laws. Any disputes arising out of or in connection with this agreement shall be settled by the Shenzhen Court of International Arbitration in according with its effective rules to the extent not prohibited by local law in your jurisdiction.
prohibited by local law in your jurisdiction. ACKNOWLEDGMENT BY INSTALLING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FORE GOING AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSED OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE LICENSE DESCRIBED HEREIN.