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arpara AIO 5K End User License Agreement and Terms of Use

Update date of the version: December 14, 2020

Please read this End User License Agreement and Terms of Use (hereinafter referred to as the "Agreement") carefully to learn your rights and obligations. By downloading, installing or using the Software (as defined below), you agree to abide by the terms of the Agreement. If you do not agree to abide by these terms, (A) please do not use your arpara device and return the Software to the retailer where you purchased it within the return period specified by the retailer; (B) please do not install or use the Software; (C) please delete or disable any downloaded copies of the Software that you own or control. The Agreement along with any supplemental terms provided for you in connection with the use of the Software (collectively, the "Supplementary Terms"), which may be modified from time to time, is a legal agreement between you (individual) and arpara Technology Co., Ltd to regulate your access to and use of the Software. By continuing to access or use the Software after the release of the revised or supplementary terms, you accept and agree to the provisions of any revised or supplementary terms. As you must comply with these terms, we expect you to review the contents of this page every time you access or use the Software to learn any changes of the terms. In case of any conflict between the Agreement and the supplementary terms, the provisions of the supplementary terms shall prevail. You and arpara are collectively referred to as the "Parties".

  1. Software:The term "Software" in the Agreement means (a) the pre-installed firmware and other software in the arpara device, and their base stations, controllers and accessories (hereinafter referred to as "Pre-installed Software"), and (b) any arpara software downloaded and installed from computers and/or arpara device to assist in setting, managing or using your arpara device (hereinafter referred to as the "Downloaded Software"). Either of the above situation includes all relevant media, printed or electronic documents, contents, functions, or services, updates and support services. The Software may collect specific data about your arpara device. Examples of possible data collection include: (1) your computer's hardware and software parameters and serial numbers or other identifiers, (2) your arpara device's hardware and software parameters and serial numbers or other identifiers, (3) your arpara device's performance data and frequency of data use, and (4) other information about the use of your arpara device. arpara will collect and use the above data in accordance with the arpara Privacy Policy.
  2. License granting:During the term of the Agreement, if you fully comply with all terms and conditions of the Agreement, arpara hereby grants you a limited, personal, non-transferable, non-exclusive license to (1) use the Pre-installed Software, and only the software pre-installed in your arpara device, and its base stations, controllers and/or accessories, and (2) install and use the Downloaded Software only in the form of object code on your computer and/or arpara device (if applicable). Either of the above situation is intended to assist in setting up, managing, or using your arpara device.
  3. License restriction: The license granted in Article 2 shall be subject to your compliance with the following restrictions. You may not:
  • a). Break any technical limitations of the Software, and use the Software or cooperate with any device, project or service to try to circumvent technical means used to control the access or rights of the Software;
  • b). Reversely engineer, decompile, decrypt, and disassemble the Software or use other means to try to obtain the source code of the Software. Notwithstanding such limitations, cases expressly permitted by applicable laws are excluded;
  • c). Make all or partial modifications or any deduction to the Software;
  • d). Remove any proprietary claims or labels from the Software or any of its copies;
  • e). Use the Software to infringe the rights of arpara, its affiliates or any third party, or violate any provisions of applicable laws; Or use the Software in any way prohibited by the Agreement.
  1. Retention of rights and titles:arpara, its affiliates, licensors and suppliers own the ownership, copyright and other intellectual property rights of the Software (as well as all rights involved in the Software), and reserve all rights not expressly granted to you in the Agreement. The Software is protected by copyright and other intellectual property laws and treaties. The Software may contain third party software subject to open source or license terms of third parties (hereinafter referred to as the "Third Party Terms"). Your use of the Software is restricted by any Third Party Terms contained in the Software. In case of any conflict between the Agreement and any Third Party Terms, the provisions of the Agreement shall prevail. The logo of arpara and other names of arpara products and services mentioned in the Software are trademarks of arpara Technology Co., Ltdand its affiliates. Any other company names, product names, service names and logos associated with the Software may be trademarks of their respective owners.
  2. Third party relationships:The Software may contain links or advertisements of third party websites, resources, contents, products or services (hereinafter referred to as the "Third-party Services"). You acknowledge and agree that such third party websites, resources, contents, products or services are not controlled by arpara and that arpara is not responsible or liable for any of the following:(1) the availability or accuracy of such websites or resources; or (2) contents, products or services that exist in or are available from such websites or resources. Links or advertisements related to any Third-party Services do not represent any endorsement of arpara to such Third-party Services or any association between arpara and such third parties. You acknowledge sole responsibility for the use of any such website, resource, content, product or service, and all risks arising therefrom. The two parties in your use of the Third-party Services is you and the third party, not arpara. It is your responsibility to review the Privacy Policy, Terms of Use and other provisions applicable to any Third-party Services. Any claims arising from your use of the Third-party Services are directed against third parties, not arpara.
  3. Support and update:arpara is not obliged to and may not provide support for the Software. You agree that arpara can automatically check the version of the Software you are using and automatically send updates about the Software to your computer. During the firmware update, do not unplug any cable from arpara devices, headsets, junction boxes, base stations, controllers or computers (or turn off these devices) until the update is complete. Failure to operate in accordance with the above provisions may damage your arpara device and may result in damage that is not covered by warranty.
  4. Termination:The Agreement will automatically terminate if you violate any term. If the Agreement is terminated, you must immediately destroy or disable all copies of the Software, and the following provisions of the Agreement shall remain in effect: Article 4 and Articles 8-19.
  5. Disclaimer:To the maximum extent permitted by applicable laws, the Software is provided on the basis of "as is", "as available" and "with all faults", and all risks of use and performance remain. arpara, its suppliers and licensors make no representation, warranty or condition, whether express, implied or statutory, and hereby disclaim any implied warranty of merchantability, merchantable quality, suitability for a particular purpose, ownership, confidentiality or non-infringement. In particular, arpara, its suppliers and licensors do not warrant that the Software can: (1) meet your requirement or willingness to use any third party software, application or Third-party Services; (2) be provided in an uninterrupted, timely, safe or error-free manner; (3) ensure any information or content obtained through the Software is accurate, complete or reliable; (4) correct any defect or error. Your access to all content and other materials downloaded or obtained through the Software is at your own risk, and you shall be fully liable for any damage or loss caused thereby. The installation of the Software may affect software, applications, devices or services of third parties. You may enjoy additional rights under laws that do not permit contrary provisions of the Agreement. In particular, statutory provisions that cannot be excluded by convention are deemed to be included in the Agreement, but arpara's liability for breach of such statutory provisions is limited under and to the extent permitted by the law.
  6. Disclaimers of certain damages:In any case, for any incidental, special, indirect, punitive damage; loss in profit, business, goodwill, expected savings or use effect; loss or destruction of data, confidential information or other information; service interruption; personal injury; property loss; loss of privacy; failure to exercise duties of honesty or reasonable care; negligence; and any other monetary or other damage, arising out of the Agreement’s and the Software’s provision of support or failure to provide support, based on the above content, due to the above content, or in connection with the above content in any way, neither arpara nor any supplier or licensor shall be liable, even if arpara or any supplier or licensor has been informed of the possibility of such damage.
  7. Limitation of liability and exclusive remedy:To the maximum extent permitted by applicable laws, for the maximum aggregate liability and exclusive remedy of arpara, its suppliers and licensors to you under the Agreement due to any and all claims and causes against any and all damage, injuries and losses arising out of the Agreement’s and the Software’s provision of support or failure to provide support, based on the above content, due to the above content, or in connection with the above content in any way, arpara, its suppliers and licensors shall make up for your actual losses incurred based on your reasonable trust in the Software.
  8. Compensation:You shall defend, indemnify and hold harmless arpara, its directors, management personnel, employees, agents, partners, suppliers and licensors, and shall prevent them from any compensation (including reasonable legal fees) for any third party's claim or need in connection with or arising out of any of the following: (1) your use of the Software; (2) your breach of any term of the Agreement; or (3) your violation of the rights of any other party or applicable laws.
  9. Restriction of use:The software is designed for systems that do not require fail-safe features. You shall not use the Software in equipment or systems where a software failure may result in foreseeable risks of personal injury or death. It includes nuclear facility operation, aircraft navigation or communications systems and air traffic control.
  10. Applicable law and dispute resolution:The signing, performance, effectiveness, modification and interpretation of the Agreement shall be governed by the laws of the People's Republic of China. All disputes arising from the performance of the Agreement or in connection with the Agreement or the Software shall be settled by both parties through friendly negotiation. If the negotiation fails, either party shall bring a lawsuit to the people's court with jurisdiction in the place where arpara Technology Co., Ltd. is located for settlement.
  11. Legal effect:If the laws and regulations of the country/region where you reside do not allow the Agreement to change your rights under the laws, the Agreement will not change your rights under the laws of the country/region where you reside. Under the laws of the country/region where you reside, you may have more rights than or different rights from those set forth in the Agreement.
  12. Legal compliance & export regulations:You shall comply with all domestic and international laws, rules and regulations applicable to the Software and its use.
  13. General provisions:Article headings in the Agreement are for the convenience of reference only and have no legal or contractual effect. arpara's failure to take action in respect of your breach shall not be construed as a waiver of its right to take action against subsequent or similar breaches. Any waiver of any provision of the Agreement shall be made and signed in writing, and a waiver of any provision shall not constitute a waiver of other provisions or a waiver of the provision in any other setting. If any provision, stipulation or restriction of the Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the validity of the other provisions, stipulations or restrictions shall not be affected, impaired or invalidated and shall remain in full force and effect. You shall not assign, transfer or sub-license your rights (if any) under the Agreement. The Agreement is binding upon the successors and assignees of the rights of arpara.
  14. Integrity of the Agreement:The Agreement and any additional or supplementary terms constitute the entire agreement relating to the Software. Internet-based services and support services (if any) shall be subject to the provisions of supplementary terms.
  15. Health and safety:Please make sure to read the important health and safety warnings and instructions on the official website before using arpara devices. By using arpara devices, arpara shop and any product and service provided by arpara devices, you represent and warrant that you have read and understood these warnings and instructions. arpara may update or revise these warnings and instructions, so please check them regularly. By continuing to access or use the Software after the release of relevant updates or revisions of the important notices and safety warnings, you represent and warrant that you have read and understood the above updates or revisions. Third party licensors may provide other health and safety warnings and instructions related to their products and services. If you allow others to use arpara, make sure they are aware of these warnings and instructions.
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