End User License Agreement
This End User License Agreement (EULA) covers firmware, preinstalled software, and related documentation (“Software”) supplied with physical hardware sold through the QIDIAN Store. Buying the hardware, turning the device on, or using the Software means you accept this EULA. If you do not accept it, do not use the Software and return the hardware under the Return Policy.
1. Licensor
The licensor is QIDIAN TRADING INC., doing business as QIDIAN (“we”). Some Software is licensed by third parties; those licenses control that component. Contact: ruyuanh1120@aol.com.
2. License grant
We grant you a personal, limited, non-exclusive, non-sublicensable license, transferable only under section 3, to run the Software solely on the hardware you purchased, for personal or internal use. This is a license, not a sale of the Software copy or of the intellectual property.
3. Transfer with the hardware
You may transfer this license together with that hardware on a permanent basis if you keep no copy of the Software and the recipient agrees to this EULA. You may not rent, lend, or sell the Software separately from the hardware.
4. Restrictions
Except where the law expressly allows it, you may not:
- copy the Software (other than ordinary device backups of your settings);
- reverse engineer, decompile, or try to obtain source code, except for lawful interoperability where the law permits;
- modify the Software, circumvent technical protection, or remove proprietary notices;
- use the Software to run a public service, or install it on hardware you did not buy.
5. Ownership and open source
All rights in the Software and copies stay with us or our licensors. Rights not granted are reserved. If the hardware includes open-source components, those licenses govern those components. This EULA does not limit rights you already have under an open-source license.
A device may include a third-party operating system, codecs, or apps. Those components may have their own terms. Keep using them only if you also accept the terms that apply to that component.
6. Updates and data
We or a third party may provide Software updates. We do not promise updates for every SKU indefinitely. A security or compliance update may be reasonably needed to keep using the device safely. The Software may process data as described in the Privacy Policy.
7. Export
You must follow applicable U.S. export and sanctions laws. Do not supply the Software or hardware to a country, region, or person those laws forbid.
8. Term and termination
This license lasts while you lawfully possess the matching hardware. If you materially breach this EULA, the license ends and you must stop using the Software. Ending the license does not by itself cancel rights you have under the Terms of Service or Return Policy for the hardware sale, but the device may not work fully without the Software.
9. Disclaimer
Except where the law requires otherwise, the Software is licensed “as is,” and we make no extra promise of fitness for a particular purpose or non-infringement. Return rights for the hardware sale are in the Return Policy.
10. Limitation of liability
To the fullest extent the law allows, we are not liable for indirect, incidental, special, consequential, or lost-profit damages arising from the Software. Liability relating to the Software is limited to the USD amount you paid us for the hardware on which that Software runs.
This section does not limit liability for fraud or for personal injury that the law does not let us limit. Some jurisdictions do not allow these limits; then this section applies only as far as permitted.
11. Governing law
This EULA is governed by the laws of the State of New York, United States, without regard to conflict-of-law rules, and is part of the Terms of Service. If the Chinese text conflicts with the English, the English controls.
12. Contact
Email: ruyuanh1120@aol.com.
Related: Terms of Service · Privacy · Return Policy