By using TerraMaster products or software, you agree to all the terms contained in this End User License Agreement (EULA). If you do not agree to all the terms contained in this Agreement, you should contact your reseller to return the product immediately for a refund, as using TerraMaster products and software is evidence that you agree to be bound by this Agreement in full.
1.In this document, the term TerraMaster Software (“Software”) includes, without limitation, any firmware, software, media, printing or electronic files related to TerraMaster Products (“Products”).
2.TerraMaster, or its licensor, is entitled to all title, interests, copyright, and other intellectual property rights in the Software. TerraMaster grants only limited right of use, and thus the user has no exclusive right to assign or republish any Software. Specifically, TerraMaster reserves any rights not expressly granted to the user hereunder.
3.The Software content owned by TerraMaster or its licensor is copyrightable; in addition, individuals mentioned in the Software may have the right to protect their information and images. Without specific permission, users are not allowed to share the Software content with others, as any sharing of the Software content with others may infringe upon copyright or other intellectual property rights and thus breach this agreement.
4.Users are permitted to copy and use the files provided by the Software for personal purposes.
5.Users may make appropriate numbers of copies of Software for backup or archiving purposes.
6.Users may not authorize any third party to (a) apply the Software for any purpose irrelevant to equipment use; (b) license, distribute, lease, rent, lend, assign or use such Software individually; (c) reverse engineer, decompile, disassemble, or attempt to break the code forming the Software; or (d) alter, change, translate, or create any derivative work from the Software.
7.Such Software may contain TerraMaster components (“GPL Component”) granted under GNU. If this Agreement contradicts the requirements for use of the GPL Component by the user, the GPL clauses will be deemed to only apply to the specific GPL Component, with the user agreeing to be bound by GPL restrictions.
8.TerraMaster retains the right to review user compliance with this Agreement; users thus agree to fully cooperate with TerraMaster in such reviews.
9.During the warranty period, TerraMaster will provide support service and make reasonable efforts to correct or replace any Software that does not satisfy the warranty clauses.
10.TerraMaster and its suppliers do not warrant that the Software is free from any bugs, errors, viruses, and other defects.
11.In no event will TerraMaster or its licensor be liable for any direct or indirect loss and costs, including, but not limited to, loss of data, loss of revenue, and impacts on profit or business.
12.TerraMaster and its supplier accept only liability not exceeding the amount paid for the TerraMaster products and software.
13.TerraMaster retains the right to terminate this Agreement where the user fails to abide by the terms and conditions contained herein. In such cases, the user must cease use of the Software and destroy any Software copies and any parts thereof.
14.Unless expressly prohibited by the local laws, this section is governed by the laws of China, without reference to any conflict of legal principles. The United Nations Convention on Contracts for the International Sale of Goods (1980) or any subsequent convention thereof thus does not apply.
15.Any controversy, dispute, or claim must be submitted for arbitration in accordance with the enforcement procedures of the arbitration laws of the People’s Republic of China and other applicable laws. Any arbitration award will be final and binding on all parties, being enforceable by the court having jurisdiction.
16.If any individual provision in this agreement is held by the court having jurisdiction to be invalid, illegal or unenforceable, the remaining provisions remain valid.
17.Where presented in other languages, this agreement has been translated from English. In case of any conflict between versions due to translation issues, the English version will thus prevail.