Yuneec International Co., Ltd.
End User License Agreement
Last Updated: August 25, 2017
This End User License Agreement (the "Agreement" or “EULA”) is made and entered into by and between Yuneec International Co., Ltd. or its affiliates ("YUNEEC", "we", “us” or “our”), and you ("you" or "end user"), to use YUNEEC’s software development kit (“SDK”) to develop applications using YUNEEC’s SDK.
- License Grant
We grant you a limited, nonexclusive, nontransferable, worldwide license to use the SDK solely in the manner described in the files, technical specifications, online documentation and other materials contained in the SDK or related to the SDK solely to develop, test, and operate applications in connection with our products.
- Your Rights and Restrictions
- Proprietary Rights
You acknowledge and agree that all right, title and interest in the SDK belong to us. You agree that you neither own nor hereby acquire any claim or right of ownership to the SDK or to any related patents, copyrights, trademarks, or other intellectual property. We retain all right, title, and interest in and to all copies of the SDK at all times. This license is not a sale of the original or any subsequent copy of the SDK. The SDK is protected by copyright and other intellectual property laws and by international treaties. You may not make any copies of the SDK except as otherwise permitted by this EULA. Any and all copies of the SDK made by you are in violation of this EULA. All contents accessed through the SDK are the property of the applicable content owner and may be protected by applicable copyright law. This EULA gives you no rights to such content.
You retain all right, title and interest in the developed application with the exception of the SDK. In order to maintain these rights, you must ensure:
- No application or any content provided as part of the application shall contain any code or components which intentionally create or exploit security vulnerabilities, including but not limited to viruses, spyware, etc.
- You application will clearly identify advertisements as third party advertisements not endorsed by YUNEEC.
- Your application will conform with all laws of the jurisdiction in which you are providing it including but not limited to criminal and civil codes as well privacy rules.
- The distribution or use of your application will not give rise to any claims of intellectual property infringement by a third party.
- The application shall not damage YUNEEC or any third party.
If you violate any of these points, YUNEEC may suspend your application without notice.
- Confidential Information
All information such as device data, code (including but not limited to source code, Dalvik opcodes, basic code), module or components related to the SDK is our confidential information. You shall use such confidential information only for application development. You shall not disseminate or disclose any confidential information to any other party at any time except as such information may be distributed to other parties as part of the application you developed with the SDK.
- Limitations and Restrictions on Use
Under this EULA, you are not allowed to :
- Change or modify any source data in the SDK;
- Reverse engineer the SDK including but not limited reverse compiling the SDK or reverse assembling the SDK to separately derive the source code of the SDK;
- Download any viruses or other disruptive or destructive code, programs or applications into the SDK for any reason.
- Copy, redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the SDK;
- Remove any contents of the SDK;
- You may not use the SDK in such a way that it becomes subject to an open source license or a third party license;
- You may not use the SDK to develop applications that are NOT used directly on Yuneec's products or improve the features of Yuneec's products;
- Destroy our customer data or device data; and
- Take any other actions that violate local laws, codes or regulations.
- SDK Upgrade
We may update or upgrade our SDK from time to time and in our sole discretion. We reserve the right to update or upgrade the SDK without prior notice to you. We therefore recommend that you check the SDK periodically and update or upgrade the SDK accordingly for the purpose of development, testing and operating applications developed for our products in compliance with this EULA and the T&C.
- Term and Termination
The Agreement shall remain effective until it is terminated or you stop using the SDK. You have the right to terminate this EULA or stop using the SDK at any time; provided however, that at the time of termination you shall terminate the use of the SDK for any reason. We reserve the right to terminate this EULA or to stop offering the SDK at any time without any prior notification.
This EULA will terminate automatically if you fail to comply with the terms and conditions herein or in the T&C. We reserve our right to seek any and all other remedies, including damages and indemnification, available under the law in the event you breach this Agreement or the T&C. Upon termination, you shall immediately cease using the SDK and shall destroy all instances or contents of the SDK on your machine or device or other any other platform.
- Transferability of Your Application(s)
You may distribute the application(s) you developed using the SDK in binary or object code only. While you may license the application you develop to third parties, you may not and cannot transfer or convey any right, title or interest to the SDK itself.
Sections 5, 6, 9, 11, 12 and 13 of this EULA shall survive termination of this EULA for any reason.
- Governing Law and Applicable Jurisdiction
This Agreement shall be governed by the laws of the State of California without regard to its conflict of laws provisions. The parties agree that any action to interpret or enforce this Agreement shall be brought in the courts located in Santa Clara County in the State of California.
- Export Controls
The Software is subject to applicable U.S. export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Software. These laws include restrictions on destinations, end users, and end use. Without limitation, you may not transfer the Software or Services without U.S. government permission to anyone on any U.S. government exclusion lists. You represent and warrant that you are not on any such lists or under the control of or an agent for anyone on any such lists.
THE SERVICES ARE PROVIDED “AS IS” AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- Limitation of Liability
IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PERSONAL INJURY / WRONGFUL DEATH, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
- 14.1 Notice. We may at any time deliver any notice to you via electronic mail or other means, even though in some case you may not receive the notice unless and until you rise a question or suggestion. Your may send feedback, question or other suggestion to us via email at any time when you have any problem for using Yuneec’s SDK.
- 14.2 Interpretation. The headings in the EULA are for convenience only and do not affect its substance or interpretation.
- 14.3 Assignment. Your may not assign your rights or obligations under this EULA without our prior written consent. We may assign the Agreement at any time in our sole discretion without your consent. .
- 14.4 Unenforceable Term. If any part of this Agreement is unenforceable, the other parts portions shall remain in full force and effect, or we may in our sole discretion terminate the Agreement without any notice.
- 14.5 Language. The official language of this EULA is English. Any other language version you may find of this EULA is for your convenience only. In the event of any inconsistence between the English version and any other translation version, the English version shall prevail.
- 14.6 Waiver. Either you or us may waive, in writing, any term or condition of this EULA but such waiver shall not be deemed as a waiver of any other term or condition herein.
- 14.7 Modification. We may change, modify or update this EULA from time to time without notice. If you agree to the terms and conditions of this EULA or continue to use the SDK after any change, modification or update, you expressly agree to accept the terms and conditions of the changed, modified or updated EULA. We recommend that you check the EULA posted on our site from time to time to obtain the latest version.