End User License Agreement for WPS PDF (For non-Chinese version WPS PDF running on Android OS)
August 25, 2020
Please carefully read and understand all rights and restrictions set forth in this End User License Agreement for WPS PDF ("this Agreement").
When installing WPS PDF ("Software"), you shall carefully read and decide whether to accept the terms of this Agreement. You may not install this Software on any computer unless or until you've accepted all the terms of this Agreement. In addition, when using this Software, you shall also comply with all terms and conditions in other agreements (if any) that you entered into with WPS Office and/or any of its affiliated company or business (regardless of where it is established or located) for your right to use this Software, or the license document (if any) issued by WPS Office to prove you have the right to use this Software. For the purpose of this Agreement, "affiliated company or business" means the legal entity that directly or indirectly controls, is controlled by, or is under common control with a party. The term "control" means a party directly or indirectly holds more than 15% of the rights regarding management or decision-making of a company (whether by way of voting right, by contract or otherwise).
You may now print out the texts of this Agreement from this page for reference purpose, or refer to the terms of this Agreement on the webpage at https://wps.com/pdf-eula.
For the purpose of this Agreement, "WPS Office" means WPS Software Pte. Ltd., a limited liability company established under the laws of Singapore.
I. Grant of License
1. WPS Office hereby grants you a non-exclusive and non-transferable right to use this Software, provided you accept to be bound by the terms hereof, and comply with all terms and conditions of other agreements (if any) that you entered into with WPS Office and/or any of its affiliated company or business (regardless of where it is established or located) to obtain the right to use this Software, or the license document (if any) issued by WPS Office to prove you have the right to use this Software. By installing or using this Software, you acknowledge that you have read and fully understood this Agreement, and agree to accept all the terms of this Agreement. You may:
1) Download, install, use, display and run (collectively, "operate") this Software on mobile phones and tablets (collectively, "mobile smart devices") with Android 4.1 OS or higher, and ARM processor in countries and regions outside Chinese Mainland (referring to Chinese Mainland means areas within the territory of the People's Republic of China, excluding Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan), but you may not transfer this Software (or any part thereof) in any way (including without limitation, gratuitous transfer or remunerative transfer, singly or in combination with other software and hardware) or gain any form of profits through this Software (or any part thereof).
2) Create a backup copy to prevent loss from damage. These backup copies (or any part thereof) may not be provided to others by any means, and you shall destroy such copies when you no longer hold ownership of the media carrying such copies.
2. Any and all other rights not expressly granted under this section and other provisions of this Agreement are reserved and exclusively owned by WPS Office, and you shall obtain written permission from WPS Office before exercising these rights. WPS Office's failure to exercise any of the foregoing rights does not constitute a waiver of the same.
II. You agree:
1. You may not use this Software (in whole but not in part) in a multi-user environment or on a network system unless and until:
1) This Software is expressly licensed for use in a multi-user environment or on a network system; and
2) Each node and terminal using this Software has been legally licensed.
2. You may not reverse engineer, decompile or disassemble this Software (or any part thereof); nor attempt to gain access to or otherwise gain the source codes of or related to this Software (or any part thereof).
3. You may not distribute, rent, disseminate through network, or translate this Software (or any part thereof).
4. Place all copyright notices on any copy of this Software.
III. Support Service
1. In the event that the applicable user manual for this Software or other electronic documents or printed materials (if any) provided with this Software expressly states that WPS Office has the right to provide you with support service, WPS Office will provide you with the support service related to this Software ("Support Service") in accordance with the policies and schedules stated in such user manual or electronic documents or printed materials (if any).
2. Any additional software code (if any) provided to you as part of the Support Service shall be deemed to be part of this Software, and subject to all the provisions of this Agreement.
3. You expressly agree that WPS Office is entitled to use the technical information (if any) that you provide to WPS Office for Support Service for commercial purposes, including but not limited to its product support and development. Unless necessary for providing Support Service (if any) to you, WPS Office will make its best efforts not to identify you personally when using such technical information (if any).
IV. Replacement, Alteration and Upgrade of this Software
1. WPS Office reserves the right to provide you with the replacement, alteration or upgrade versions of this Software to replace, alter or upgrade this Software, and the right to charge fees for such replacement, alternate or upgrade at any time by giving you a prior notification (by way of, including without limitation, client-side pop-up page, announcement on the official website of this Software, and an e-mail sent to your e-mail address). WPS Office is not liable for any consequences caused by the failure of your e-mail box to receive such notification from WPS Office due to special reasons, including without limitation, such email address becomes invalid, or your email box has e-mail filtering or blocking function. The contents stated in such notification shall take effect on the effective date of such contents as stated therein. In the event no effective date is specified in such notification, the contents as stated therein shall take effect from the delivery or release date of such notification.
3. You hereby understand and acknowledge that, after releasing the replacement, alteration or upgrade version of this Software, WPS Office will not guarantee that any previous version (the version prior to the release of the latest replacement, alteration or upgrade version) will remain available or functional. WPS Office reserves the right to unilaterally alter or restrict some functions and effects of this Software for its commercial purposes, and you shall assume the risks arising therefrom.
4. Any replacement, alteration or upgrade version of this Software that WPS Office provides to you shall be deemed to be a part of this Software, and shall be subject to the terms and conditions of this Agreement, unless this Agreement is superseded by a separate agreement accompanying the replacement, alteration or upgrade version of this Software.
V. Copyright and Other Intellectual Property Rights of this Software
1. You shall not delete or otherwise obscure any copyright mark (or any part thereof) on this Software, and shall attach any copy thereof with the same mark as appearing on this Software to indicate that WPS Office is the copyright owner.
2. The copyright and other intellectual property rights for this Software (including without limitation, any image, picture, animation, video, audio, music, text and add-in contained therein), its accompanying electronic documents or printed materials as well as any copy of this Software, shall belong to WPS Office (except for trademarks and other rights owned by third parties).
3. This Software and electronic documents or printed materials are copyrighted, and protected by applicable Hong Kong laws (including without limitation, copyright-related regulations) and international treaties.
4. You may not delete or otherwise obscure any copyright notice (or any part thereof) on this Software, and shall make sure the same notice (as appearing on this Software) be copied and attached to any duplicate of this Software.
5. You may not reproduce this Software or electronic documents or printed materials (or any part thereof) in any manner contrary to the law.
VI. U.S. Trade Sanctions
You shall guarantee that this Software and any direct product thereof, as well as technology or data related thereto, will not: (i) be downloaded, installed by or provided to any individual, country, region, government of such country and region (including any government person or entity, or any person or entity who controls the government, or any person or entity acting for or on behalf of the government), or any entity, organization or individual that is located, established or residing in such country or region, to which the U.S. has prohibited the export of goods, as identified by the Bureau of Industry and Security (BIS), U.S. Department of the Treasury or other U.S. government department or agency (collectively, "sanction body"); or (ii) be downloaded, installed by, provided or sublicensed to a certain entity, organization or individual from a certain industry on which sanction is imposed by such sanction body; or (iii) be downloaded, installed by, provided or sublicensed to any entity, organization or individual on the list of sanction determined by such sanction body; or (iv) be downloaded, installed by, provided or sublicensed to any entity whose 50% or more shares/equity is held or controlled, directly or indirectly, individually or jointly, in any manner (including without limitation, by contract or otherwise), by one or more of the sanctioned entity, organization or individual listed above in (i), (ii) or (iii); or (v) is used for any purposes prohibited by the U.S. laws, including without limitation, the proliferation of nuclear missiles, chemical or biological weapons. Without prejudice to the generality and applicability of other provisions of this Agreement, by downloading this Software, you agree to the foregoing, and you represent and warrant that 1) you will comply with all applicable U.S. and non-U.S. economic sanctions and export control laws and regulations, including but not limited to the economic sanctions regulations implemented under statutory authority and/or executive orders and administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) (31 C.F.R. Part 500 et seq.), the U.S. Commerce Department’s Export Administration Regulations (15 C.F.R. Part 730 et seq.), the economic sanctions rules and regulations of the European Council, United Kingdom, and EU Member States, and EU's Dual-use Regulation 428/2009 (collectively, “Trade Control Laws”), 2) you are not a sanctioned entity, organization or individual listed above in (i), (ii), (iii) oar (iv) (including without limitation, you will not become a sanctioned entity, organization or individual listed in (i), (ii), (iii) or (iv) at any time after you are licensed to use this Software), and will not use this Software or any direct product thereof or any technology or data related thereto (or any part thereof) for any purposes prohibited by the U.S. laws, otherwise your rights related to this Software granted to you by WPS Office shall be automatically terminated upon your violation of any of the above representations or warranties, and you shall immediately inform WPS Office and stop using this Software or any direct product thereof or any technology or service related thereto, WPS Office shall have the right to no longer provide any service to you, while being exempted with any liability (including without limitation, the liability to provide you with any refund or indemnity), and to require you to assume all the liability and indemnify WPS Office for any and all the losses and damages suffered or incurred due to your breach of any of such representations or warranties.
VII. No Warranty
The express warranty (if any) stated in this Agreement constitutes the entire warranty. To the maximum extent permitted by applicable law, this Software and Support Service (if any) provided by WPS Office and its suppliers are provided "as is" with all faults, and without warranty of any kind, either expressed, implied or statutory, including without limitation, the warranties of merchantability, applicability for a particular purpose, accuracy or completeness of responses or results, free from viruses or negligence, or with or without support services for this Software.
VIII. Limited Liability
The total liability of WPS Office to you from all causes of action hereunder will be limited to the total amounts paid to WPS Office by you for the license of this Software. In the event that WPS Office has made this Software available to you without charge, the total liability of WPS Office to you shall not exceed $100. In no event shall WPS Office be liable for any special, incidental, exemplary, punitive or consequential damages or losses (including without limitation, loss of data, business, profits), or for the cost of procuring substitute products, arising out of or in connection with this Agreement or the execution or performance of this Software, whether such liability arises from any claim based on contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not WPS Office has been advised of the possibility of such losses or damages. The foregoing liability limitations will survive and apply even if any limited remedy specified herein is found to have failed of its essential purpose. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
IX. US Government End Users
This Software and Documentation are "commercial items"", as defined at Federal Acquisition Regulations (FAR) 2.101, consisting of "commercial computer software" and "commercial computer software documentation", respectively, as such terms are used in FAR12.212 and Defense Federal Acquisition Regulation Supplement (DFARS) 227.7202. If this Software and Documentation are being acquired by or on behalf of the U.S. Government, as provided in FAR12.212, DFARS227.7202-1 through 227.7202-4, as applicable, the U.S. Government's rights in this Software and Documentation will be limited to those specified in this Agreement.
X. Information Submission
In the event that you provide data or other information (collectively, "information", including without limitation, any ideas, concepts or technologies to improve this Software and software-related service), regardless of the method used or accompanying media, to WPS Office, as feedback, data, questions, comments, suggestions, etc., you agree that all such information shall be deemed unrestricted and non-confidential. Moreover, you agree that WPS Office has a permanent, inalienable, non-exclusive right to use such information worldwide, without any obligation to pay, compensate or reward you, for any purpose or reason (in any). The rights that WPS Office has under this section shall also include the right to use, duplicate, transmit and disseminate all the information you submitted, create derivative works therefrom, display and implement all the information you submitted, and the right to allow third parties to do so. By submitting your information, you represent and warrant that:
- You have any and all rights required to submit such information, so that you can grant the rights to such information to WPS Office in accordance with the above provisions;
- You have paid and will settle all license fees, settlement fees and other debts of any kind arising from the use of such information;
- The information you submit does not infringe any third party copyright, trademark, patent, trade secret or other intellectual property rights, privacy rights or any other legal or moral rights;
- You voluntarily waive all moral rights with respect to such information;
- To the best of your knowledge, such information does not contain any false, inaccurate or misleading information;
- No content of such information violates any laws (including without limitation, laws on export controls, consumer protection, unfair competition, anti-discrimination or false advertising);
- No content of such information constitutes (and is deemed as for whatsoever reasons) a defamation, slander, and libel towards any person, partnership or company, or causes racial, ethnic, religious or other discrimination or offense, unlawful threat or harassment, or contains element that is vulgar, pornographic, obscene, or invasive of another's privacy;
- You have not and will not be compensated or paid by any third party for submitting such information;
- Such information does not contain materials from third party websites or other people's addresses, postal addresses, contact information or phone numbers (except for your contact information);
- No content of such information contains any viruses, worms, spyware, adware or other potentially harmful programs or documentation;
- No content of such information is considered as confidential, proprietary or private by you; and
- No content of such information contains, nor constitutes, any unrequested or unauthorized advertising, promotional materials, junk e-mail, e-mail spam, chain letters, pyramid schemes or any other form of promotion.
XI. Third-party Websites and Services
XII. Important Notes
2. You may log into the portal provided by this Software using the WPS account that you obtained at the time of registration, or using the account that you registered with a third party accepted by WPS Office for logging into the Value-added Services (defined below) ("Third-Party Account"). Examples of possible Third Party Accounts are Google account, Twitter account, Facebook account, Drop-box account, etc., as determined by WPS Office from time to time, and WPS Office may remove, add or replace an account at any time. The Value-added Services you may obtain via such account include WPS premium service, WPS template application service, WPS font application service, etc. You understand and acknowledge part or whole of such Value-added Services are available to you only when you are online using this Software. Unless WPS Office explicitly states such services and offerings contain or are included in this Software, such services and offerings are independent of the functions of this Software, and are not part of this Software or additional functions of this Software. You understand and acknowledge, even if you pay WPS Office for this Software or some functions thereof, such fees you paid do not include the service fee for such Value-added Services. In the event that you use such Value-added Services, you shall read and accept the agreements and terms attached thereto, pay relevant service fees to WPS Office as specified in such agreements or terms and as per WPS Office's applicable billing policies then in force, provided that such billing policies require you to pay for such services (or any part thereof) (WPS Office may, at its sole discretion, determine such billing policies, adjust them from time to time, and provide them on relevant website), and use such services only as per such agreements or terms. If you've paid to WPS Office for the use of such Value-added Services, you may not hold WPS Office to be liable for any consequence or claim refund of service fees (if any) for such services due to any problem you encountered during the installation and use of this Software, or due to any disputes between you and WPS Office arising from the installation and use of this Software.
3. You understand and acknowledge, if you fail to pay additional fees to WPS Office for applicable Value-added Services or plugs-in with special functions, some functions of this Software will be restricted/disabled in part or in whole. When you are using some functions of this Software, in addition to complying with this Agreement, you are also required to abide by the service policies of the Value-added Services that you purchase at additional fees or any license restrictions in connection with the plugs-in with special functions.
4. Some functions of this Software are available to you only when you are online or have logged into your account. If you're required to be online, you shall have the relevant software and hardware devices connecting to the Internet, and pay for the network fees. If you're also required to log in, you shall comply with the account usage agreement and related service agreements (if any) you've accepted for registration and login, in addition to having the hardware and software devices and making payment for networking.
5. Some functions of this Software may contain third-party products. If this Software that has been licensed contains third-party products, in addition to complying with this Agreement, you shall also abide by all agreements and policies attached thereto that third parties require you to accept for using the same.
6. WPS Office will endeavor to make more and better functions available to you through this Software. You understand and acknowledge that, WPS Office now provides you with the existing functions of this Software ("Existing Functions"), but WPS Office may charge fees with respect to any new, replacement or additional functions, in part or in whole (collectively, "Chargeable Functions"), as part of any replacement, alteration or upgrade version of this Software, which shall be enforced according to the applicable billing policies released by WPS Office in the future. You may decide whether to accept the Chargeable Functions of this Software provided by WPS Office, and if you accept, you shall pay the fees according the then current billing polices thereof. If WPS Office has any accompanying agreement or provisions with respect to any Chargeable Function of this Software, you shall agree to such agreement or provisions before accepting such Chargeable Function. Such agreement or provisions shall be deemed supplementary to this Agreement. Should there be any discrepancy between such agreement or provisions and this Agreement, the former shall prevail.
7. The fonts you use when using this Software for Android are from the built-in font files of Android OS on your mobile smart device ("System Font Files") and/or third party font files that WPS Office provides to you with or without charges ("Third Party Font Files"). You shall agree to use the System Font Files and/or Third Party Font Files in strict accordance with their license range and usage pattern, any of the consequences arising therefrom shall be borne by you, and WPS Office shall be released from any liability thereof.
8. In addition, you are reminded that the provisions of this Agreement may be subject to change, including without limitation, modification, alteration, substitution, addition, deletion and supplement to the existing provisions of this Agreement, either through directly changing the texts of this Agreement, or the enforcement of a supplemental agreement, once this Agreement has been changed, WPS Office will notify you by the two or one way below:
1) Post the revised version or the supplemental agreement to this Agreement on the page at https://wps.com/pdf-eula ("Revised Agreement"), you should always pay attention to the texts of the Revised Agreement prompted on this page, to ensure that you timely read and understand the changes to this Agreement. Once you've used this Software after WPS Office have shown the Revised Agreement on this page, you are deemed to have read, understood and agreed to the entire texts of the Revised Agreement (including without limitation, the supplementary agreement to modify, alter, replace, add or delete the existing provisions of this Agreement, if any, the same below);
2) Place the Revised Agreement or a link thereto into the installation package of any replacement, alteration or upgrade version of this Software provided to you, once you've successfully installed such replacement, alteration or upgrade version, you are deemed to have read, understood and agreed to the entire texts of the Revised Agreement.
You acknowledge that when you can read the texts of this Agreement or the Revised Agreement only after you're logging in to the webpage, you ensure that you can access the Internet, and completely read the full texts of this Agreement or the Revised Agreement. You may not decline the legal binding force and contractual validity of this Agreement or the Revised Agreement at any time on the ground that you've failed to read the texts of this Agreement or the Revised Agreement (including without limitation, your failure to read as you are unable to access the Internet or have not logged into the relevant webpage).
1) You acknowledge that WPS Office may at any time use this Software to display advertising or promotion materials to you, including without limitation, the release of third-party advertising, promotion of third-party products and services, or advertising or promotion of WPS Office's products and services. You agree that you are not entitled to any benefits that WPS Office may obtain at any time using this Software (including without limitation, revenues from the release of third-party advertising, or promotion of third-party products and services), and such benefits shall be wholly owned by WPS Office.
2) WPS Office may change, without prior notice to you, the form (including without limitation, the display of third-party advertising on the launch page of this Software), pattern or scope of display, advertising or promotion.
3) You shall acknowledge that all the contents, including without limitation, the contents of the advertising and other promotion materials displayed to you via this Software, may be protected by intellectual property rights. You shall not modify, rent, lease, lend, sell or distribute such contents, in whole or in part, or create any derivative works based on such contents, except to the extent you are otherwise licensed to do so under separate agreements or business rules of WPS Office or its licensors.
4) The communications, business contacts, or participation in promotion activity, including the payment and delivery of products or services, or any other terms and conditions, representations and warranties related thereto, between you and advertisers communicated through this Software or otherwise are solely between you and such advertisers, and WPS Office is not obliged to review, investigate or examine the advertisements or the advertisers.
5) WPS Office will not be liable for any damages or losses of any nature arising from this Software due to any of the forgoing transactions or advertisers.
You agree to indemnify and hold WPS Office and/or any of its affiliated company or business (regardless of where it is established or operate) harmless from any and all claims, liabilities, damages, losses, costs, expenses or charges (including reasonable legal fees) based on or arising out of your breach of these terms and conditions. WPS Office reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with WPS Office in the defense of any such claim.
WPS Office's failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement will remain in full force and effect. These provisions shall remain in full force and effect after you terminate your use of this Software. The language in this Agreement shall not be interpreted strictly for or against you or WPS Office. If a provision of this Agreement is or becomes illegal, invalid or unenforceable under the applicable law in any jurisdiction, that shall not affect the legality, validity or enforceability in that jurisdiction of any other provision of this Agreement, or the legality, validity or enforceability in other jurisdictions of that or any other provision of this Agreement.
XV． Governing Law
1. This Agreement will be governed by and construed in accordance with the laws of Hong Kong, without regard to or application of the conflict of law rules or principles, and shall not apply the United Nations Convention on Contracts for the International Sales of Goods (CISG). You may not assign or transfer this Agreement, or any rights granted hereunder, or any of your liability hereof (in whole or in part), by operation of law or otherwise, without the prior written consent of WPS Office, and any attempt by you to do so, without such consent, will be void. Except as otherwise set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or other agreements or applicable laws.
2. Any dispute arising out of or relating to this Agreement shall be submitted to the Hong Kong International Arbitration Centre (HKIAC) for arbitration in accordance with its arbitration rules. The arbitral panel consists of three arbitrators appointed by both parties (or, if the parties failed to appoint arbitrators within thirty (30) days of applying for arbitration, then HKIAC shall appoint arbitrators according to its rules). The arbitration award may be enforced by a court of competent jurisdiction over the award, or over one party or its property. Notwithstanding the foregoing, any party may seek an injunction or other remedy from any court of competent jurisdiction to settle any actual or alleged infringement of the intellectual property rights or other proprietary rights of that party.
XVI. Contact Us
For any questions with respect to this Agreement, you may contact us at: Address: 6 RAFFLES QUAY #14-06 SINGAPORE (048580); By E-mail: http://www.wps.com/support/.
You acknowledge that you've read and understood this Agreement, and agree to be bound by all the terms and conditions hereof.