End User License Agreement
This End User License Agreement (Agreement or License or EULA) is between the end user(hereinafter referred to as You or Licensee), and MocPOGO software, the developer and owner of the program and software (hereinafter referred to as Software).
IMPORTANT: BY DOWNLOADING, ACCESSING, INSTALLING OR USING THE SOFTWARE, DOCUMENTATION, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT
Please read this agreement carefully before downloading or installing the software. Top attention should be paid to such clauses including but not limited to Article 4, 8, 9, 10 in special font. If you disagree with or have any questions concerning this END USER LICENSE AGREEMENT (EULA), please contact MocPOGO software. Any installing, copying, accessing, or using the Licensed Software by you (the "Licensee") constitutes an acceptance of, and a promise to comply with, all the terms and conditions of this EULA.
1. LICENSED SOFTWARE
2. GRANT OF LICENSE
2. GRANT OF LICENSE
Subject to the terms and conditions of this Agreement, MocPOGO hereby grants you (an individual) the limited, revocable, personal, non-exclusive, and non-transferable right to download, install and activate the Software on two separated computers solely for your personal, private and non-commercial use, unless you have purchased a commercial license from MocPOGO. 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 MocPOGO in advance. MocPOGO reserves all rights not expressly granted to You in this Agreement.
4. RESTRICTIONS ON USE
LICENSEE CAN ONLY USE THE SOFTWARE TO DOWNLOAD VIDEOS, MUSIC, EFFECTS, AND OTHER FILES WHICH YOU MUST HAVE LAWFUL RIGHTS TO USE OR HAVE LICENSE IN, AND THE LICENSE TO SUCH FILES SHALL MATCH THE WAY YOU USE. MOCPOGO DOESN'T GUARANTEE TO YOU ANY AUTHORIZED USE OR LICENSE IN THE FILES.
Licensee may not and agrees not to or enable others to modify, adapt, translate, sublicense, rent, lease, or loan all or any portion of the Licensed Software or Documentation; and Licensee may not and agrees not to or enable others to create any derivative works from all or any portion of the Licensed Software or Documentation; and Licensee may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Licensed Software; and Licensee may not and agrees not to or enable others to use a previous version of the Licensed Software after receiving a media replacement or upgraded version as a replacement to a prior version (in such case Licensee must destroy the prior version); and Licensee may not and agrees not to or enable others to remove or obscure Licensor's copyright or trademark notices, or the copyright and trademark notices of any third parties that Licensor has included in the Licensed Software or Documentation; and Licensee may not and agrees not to or enable others to use the Licensed Software to host applications for third parties, as part of a facility management, service provider, or service bureau arrangement; and Licensee may not and agrees not to or enable others to use the Licensed Software in any manner that is illegal or not authorized by this EULA;
5. COVER CD
6. PROTECTION OF PRIVACY
MocPOGO respects and protects your privacy, and will not share, sell, use or disclose your personal information to any third-parties, unless your written agreement under related law and regulation.
Under the following conditions, MocPOGO will disclose your personal information based on your will or the laws. You will be responsible for the resulting problems.
- 1. Obtain your prior authorization;
- 2. Reveal your personal information to offer products and services requested by you;
- 3. According to relevant laws, regulations or requirements of the relevant government agencies;
- 4. To protect MocPOGO's legal rights and interests;
- 5. You violate the provisions of the EULA;
8. NO OTHER WARRANTIES.
9. LIMITATION OF LIABILITY
MocPOGO does 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 us for any reason, please write to us.
Either party's failure to exercise any of its rights or responsibilities shall not constitute or be deemed to be a waiver or forfeiture of any such rights. If for any reason a court of a competent jurisdiction finds any provision or portion thereof, to be unenforceable, illegal, the remainder of this agreement shall continue in full force and effect. If there is any conflict between this Agreement and the mandatory provision of any law in Licensee's jurisdiction, the latter shall prevail.
This agreement shall be governed by the Law of People's Republic of China. Any disagreements arising from this agreement shall be consulted, if not, any party can attribute on China International Economic and Trade Arbitration Commission, South China Sub for the final Arbitration.
MocPOGO may update this agreement from time to time, you are considered to accept such update if you keep using the Software. If you can not accept the updated agreement, you may choose to terminate this agreement. Under such circumstance, MocPOGO will not bear any liabilities or expenses to you.
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.