Wondershare Software
End User License Agreement
IMPORTANT: THIS IS A LICENSE, NOT A SALE
This Wondershare Software End User License Agreement (Agreement or License or EULA) is between the end user (hereinafter referred to as You or Licensee), and Wondershare Technology Group Co., Ltd, and its subsidiaries Vbroadcast Limited, Wondershare Technology Co, Limited, Wondershare Global Limited and other related companies (collectively referred to as Wondershare, or Licensor), the developer and owner of the program and software (hereinafter referred to as Licensed Software or Wondershare Software or Software).
IMPORTANT: WONDERSHARE'S PRIVACY POLICY EXPLAINS HOW WE COLLECT, TREAT YOUR PERSONAL DATA AND PROTECT YOUR PRIVACY WHEN YOU USE OUR SOFTWARE AND SERVICES. BY USING OUR SOFTWARE AND SERVICES, YOU AGREE THAT WONDERSHARE CAN USE SUCH DATA IN ACCORDANCE WITH OUR PRIVACY POLICY. YOU ALSO AGREE TO BE BOUND BY THE PRIVACY POLICY OR PRIVACY NOTICE PUBLISHED BY WONDERSHARE ON ITS WEBSITE. BY DOWNLOADING, ACCESSING, INSTALLING OR USING THE SOFTWARE, DOCUMENTATION, COLLECTIONS FROM WONDERSHARE EFFECTS STORE (collectively "SOFTWARE"), YOU ALSO AGREE TO BE BOUND BY THE FOLLOWING 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 3, 5, 14, 15, 16, 19. If you disagree with or have any questions concerning this END USER LICENSE AGREEMENT (EULA), please contact Wondershare. 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
TERMS AND CONDITIONS:
1. LICENSED SOFTWARE
The "Licensed Software" includes all of the contents of the files, disk(s), CD-ROM(s), DVDs, or other media for which this EULA is provided, including but not limited to: third party computer information or software that the Licensor has licensed for inclusion in the Licensed Software; written materials or files relating to the Licensed Software ("Documentation"); fonts; modified versions, updates, additions, and copies of the Licensed Software, if any.
2. GRANT OF THE LICENSE
Subject to the terms and conditions of this Agreement and your payment of the license fee, Wondershare hereby grants you (an individual) the limited, revocable, personal, non-exclusive, and non-transferable right to download, install and activate the Software on one device solely for your personal, private and non-commercial use, except as otherwise provided in this Agreement or additional EULA. 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 Wondershare in advance. Wondershare reserves all rights not expressly granted to You in this Agreement.
Regarding the "Filmora” software, there are two kinds of license, Filmora Individual Plan which is intended for individual use only and Filmora Business Plan which are intended for both individual use and business entity use. You can refer to the ADDITIANL EULA TERMS (FILMORA) for more information.
3. LICENSE RESTRICTIONS
- 3.1 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
- 3.2Licensee 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
- 3.3 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 last version); and
- 3.4 Licensee may not and agrees not to or enable others to use the Licensed Software in the operation of any business, aircraft, ship, nuclear facilities, life support machines, communication systems, or any other equipment in which the failure of the software could lead to personal injury, death, or environmental damage; and
- 3.5 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
- 3.6 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, timesharing, service provider, or service bureau arrangement; and
- 3.7 Licensee may not install the Licensed Software on other devices after the Licensed Software has been installed on one device without Licensor’s prior consent.
- 3.8 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;
4. INSTALLATION
Licensee can only install one copy of the Licensed Software on a single device. The Licensee must be the primary user of the device on which the Licensed Software is installed. This Agreement shall apply to all installations of the Licensed Software. Installation of the Licensed Software on two or more devices is prohibited. The Licensee may purchase and install multiple licenses if Licensee wants to install software on two or more devices. Licensee shall be solely responsible for all expenses incurred in Licensee's installation and use of the Licensed Software.
5. SOFTWARE IMPROVEMENT PROGRAM
Wondershare is committed to helping protect your privacy at all times except as otherwise provided in this Agreement. This statement explains the anonymous data collection process and usage practices for the Software Improvement Program of Wondershare.
In order to provide and improve the software, its features, and user's experience, we will automatically collect, maintain process and use information concerning the way the various modules and functionalities of Wondershare software are being used. Information is also gathered anonymously for the purpose of statistical analysis about Software usage.
We will only use such information for the purpose of providing end users with the best possible software experience. The collected data will not be disclosed, shared, sold, traded or rented to any third parties for marketing purposes. For users who do not wish to enable this service, you may opt-out in the advanced options menu during the installation process.
6. ACTIVATION
The Licensed Software contains technological measures that are designed to prevent its unlicensed or illegal use. The Licensed Software may contain enforcement technology that limits Licensee's ability to install and uninstall the Licensed Software on a machine to no more than a finite number of times, for a finite number of devices and for a defined period in time designated by the purchased License. The Licensed Software may require activation during installation and in the Documentation. If any of such applicable activation procedure(s) is not followed, the Licensed Software may only operate for a finite period of time. If activation is required, but the Licensee doesn't complete activation within the finite period of time set forth in the Documentation or explained during installation, the Licensed Software will cease to function until activation has been completed, by which time functionality will be restored. If Licensee has any problem with the activation process, Licensee may contact the Licensor customer service for support.
7. EVALUATION COPY
Licensee may be granted an evaluation copy of the Licensed Software free of charge for a finite period of time (the "Evaluation Copy"). Certain features and/or functionality of the Licensed Software may be locked or unavailable in the Evaluation Copy. In order to benefit from all features and functionality of the Licensed Software, Licensee have to purchase a valid license activation key. From the moment that Licensee activates Licensed Software with a valid license key, the Evaluation Copy shall cease from being considered an Evaluation Copy and all the terms of this Agreement shall commence to apply in their entirety.
8. TERM
There are several kinds of License which Licensee may choose to purchase. If the Licensee choose to purchase a perpetual license, you may use it until terminated. If you choose to purchase a license for a specific period of time, you can only use it during the specific period. You may terminate the license at any time by destroying the Software, together with all copies thereof. The License will be terminated automatically or otherwise cease to be effective if you fail to comply with any term(s) or condition(s) of this Agreement. You shall destroy and cease using the Software, together with all copies thereof immediately after the termination of the License.
9. LICENSE TRANSFER
Licensee may not rent, lease, lend, sell, assign, sub-license, redistribute or transfer the Licensed Software or the License granted by this EULA without prior written consent of the Licensor.
10. SOFTWARE UPDATES
Licensor may provide Licensee with Software Updates and/or Content Updates from time to time at no charge during the Term of this Agreement. The Licensor may, at its sole discretion, decide if Licensee can get Software Updates and/or Content Updates free of charge or the Licensee has to pay for the Updates. For the purposes hereof, "Update" means a new version of the Licensed Software containing technical modifications, updated information, altered functionality, or any other changes that are intended by Licensor to improve or to add, delete or otherwise modify any aspect of the Licensed Software. "Content Update" shall mean an update of the content used by the Licensed Software that might need to be updated from time to time. If the Licensed Software is an Update to a previous version, Licensee must possess a valid License to the previous version. Any update provided by the Licensor to Licensee is made on a License exchange basis such that Licensee agrees, as a precondition for receiving an Update, that Licensee will terminate all of Licensee's rights to use any previous version of the Licensed Software. However, Licensee may continue to use the previous version only to assist in transitioning to the Updated version. Once an Update has been released, the Licensor may cease service or support for prior versions, without any notice to Licensee. Software Updates and/or Content Updates may be provided via the Licensed Software or on the Licensor websites. This License does not permit Licensee to obtain and use a Software Upgrade and/or a new Licensed Software version. The Licensed Software may require Content Updates in order to work effectively. The Licensor may add new functions, music track, elements, pictures, videos, or delete original functions, music track, elements, pictures, and videos in the Update Software or Upgrade Software.
The services and contents under this Software provided by Wondershare may include services or contents that Wondershare has obtained authorization from the rightful owners or third-party licensors. Therefore, pursuant to the authorization granted to Wondershare by the aforementioned rights holders, Wondershare may impose restrictions or limitations on the specific term, content, geographical scope, and terminal devices for your use of the services or contents. This may result in your temporary or permanent inability to access the relevant services or contents in certain regions, times, or on specific devices, or the inability to access all or partial of the services or contents. Notwithstanding any provisions between you and Wondershare, Wondershare shall not be held responsible or liable for any losses or damages incurred by you due to the aforementioned reasons or any other third-party licensors.
Due to the unique nature of internet services, legal and regulatory requirements, or changes in authorization, Wondershare may, in its sole discretion, at any time and from time to time, in whole or in part, dynamically modify, update, change, interrupt, suspend, discontinue, or terminate the products, videos, audios, images, and other services or contents provided by Wondershare ("Product Content") in accordance with changes or modifications in laws and regulations, requirements of rights holders or third-party licensors, authority requirements/decisions, or other third-party complaints. This includes but is not limited to, Wondershare's right to temporarily or permanently remove or update all or part of the Product Content with or without notice in advance. Notwithstanding any provisions between you and Wondershare, Wondershare shall not be required to obtain your prior consent or be held responsible or liable for any loss or damages incurred by you due to your inability to access the relevant Product Content, whether due to the aforementioned reasons or any other reasons.
11. INTELLECTUAL PROPERTY OWNERSHIP
The Licensed Software and any authorized copies that Licensee makes are the intellectual property of, and are owned by, the Licensor, and by third parties whose intellectual property has been licensed to the Licensor. The structure, organization, and code of the Licensed Software are the valuable trade secrets and confidential information of the Licensor and such third parties. ” The Licensed Software is protected by law, including without limitation, the copyright laws of the People's Republic of China and the United States and other countries, and by international treaty provisions. Except as expressly provided in this EULA, Licensee is not granted any intellectual property rights over the Licensed Software. Licensee may not make or publish any public statement concerning the Licensed Software or the Licensor without the prior express written consent of the Licensor.
The Licensee can develop plug-ins properly based on the open interface protocol of the Licensed Software and use them in the licensed software based on licensee’s individual legitimate needs,but firstly licensee must obtain explicit and prior written authorization from Licensor. If Licensee fails to get the aforementioned authorization, all the legal liabilities, including but not limited to any loss of or damage to any third party will be solely born by Licensee.
12. SUPPORT
The Licensor is not obligated by this EULA to provide Licensee with any technical support services relating to the Licensed Software; however, Licensee may request additional support services for an additional charge or get free e-mail support as the Licensor may offer from time to time during the term of this EULA. E-mail support includes business priority technical assistance for installation and troubleshooting, and upgrade and maintenance coverage.
13. TERMINATION BY WONDERSHARE
Subject to the terms and conditions stipulated in Article 8, Wondershare shall be entitled to terminate this EULA immediately upon serving written notice on the Licensee in the following circumstances: if Licensee commits a material breach of any of its obligations under this EULA which is not capable of remedy or if Licensee commits a material breach of any of its obligations under this EULA which is not remedied within fifteen (15) calendar days after receipt of a notice from Wondershare. Termination of this EULA shall not affect any rights, obligations or liabilities of either party which have accrued before termination or which are intended to continue to have effect after termination.
14. NO WARRANTY ON LICENSED SOFTWARE
THE LICENSED SOFTWARE IS PROVIDED TO LICENSEE "AS IS." THE LICENSOR, AND THE LICENSOR SUPPLIERS, AFFILIATES, AGENTS, EMPLOYEES MAKE NO WARRANTY AS TO ITS USE OR PERFORMANCE. THE LICENSOR, AND THE LICENSOR AFFILIATES, MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, EXCEPT FOR, AND TO THE EXTENT, THAT A WARRANTY MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW IN LICENSEE'S JURISDICTION.
SOME FUNCTIONS OF THE LICENSED SOFTWARE (HEREINAFTER REFERRED TO AS “RESTRICTED FUNCTIONS”) ARE ONLY SUPPORTED BY USING THE THIRD PARTY PLUG-INS WHICH HAVE BEEN INSTALLED ON YOUR DEVICE. YOU AGREE THAT IT IS YOU, NOT LICENSOR, WHO ARE USING THE THIRD PARTY PLUG-INS. YOU SHALL NOT USE THE RESTRICTED FUNCTIONS OF THE LICENSED SOFTWARE UNLESS YOU HAVE GOT PROPER AUTHORITY TO USE THE THIRD PARTY PLUG-INS. FURTHERMORE, ALL THE RESPONSIBILITIES OF USING SUCH THIRD PARTY PLUG-INS WILL BE SOLELY BORNE BY YOU.
YOU EXPRESSSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF WONDERSHARE SOFTWARE IS AT YOUR SOLE RISK, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY IS WITH YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WONDERSHARE OR AN AUTHORIZED REPRESENTATIVE SHALL CREAT WARRANTY.
THE SOFTWARE MAY CONTAIN "OPEN SOURCE" MATERIALS (E.G., ANY SOFTWARE SUBJECT TO OPEN SOURCE, COPYLEFT, GNU GENERAL PUBLIC LICENSE, LIBRARY GENERAL PUBLIC LICENSE, LESSER GENERAL PUBLIC LICENSE, MOZILLA LICENSE, BERKELEY SOFTWARE DISTRIBUTION LICENSE, OPEN SOURCE INITIATIVE LICENSE, MIT, APACHE OR PUBLIC DOMAIN LICENSES, OR SIMILAR LICENSE). WONDERSHARE MAKES NO WARRANTIES WITH RESPECT TO OPEN SOURCE MATERIALS CONTAINED IN THE SOFTWARE. THESE EULA'S PROVISIONS ON RESTRISTION OF LIABILITY SHALL APPLY.
15. LIMITATION OF LIABILITY
IN NO EVENT WILL THE LICENSOR, OR THE LICENSOR'S AFFILIATES, ITS EMPLOYEES, AGENTS BE LIABLE FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER, OR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL DAMAGES, OR ANY LOSS OF PROFITS OR SAVINGS, EVEN IF A REPRESENTATIVE OF THE LICENSOR OR ONE OF THE LICENSOR'S AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THESE LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN LICENSEE'S JURISDICTION. THE AGGREGATE LIABILITY OF THE LICENSOR, AND THE LICENSOR AFFILIATES, ITS EMPLOYEES, AGENTS UNDER OR IN CONNECTION WITH THIS EULA, SHALL BE LIMITED TO THE FEES LICENSEE HAS PAID FOR THE LICENSED SOFTWARE, IF ANY.
IF THE SOFTWARE IS SUBJECT TO A THREATENED, POTENTIAL OR ACTUAL CLAIM OF INFRINGEMENT OF ANOTHER'S RIGHT FOR WHICH WONDERSHARE MAY BE LIABLE, THE LICENSEE WILL MAKE PROMPT AND REASONABLE EFFORTS TO STOP USING AND DELETE THE SOFTWARE UPON RECEIVING THE COMPANY'S WRITTEN NOTICE (INCLUDING BY EMAIL), WONDERSHARE MAY PROVIDE LICENSEE WITH A REPLACEMENT OR UPDATED OR MODIFIED SOFTWARE FREE OF CHARGE. IN SUCH CIRCUMSTANCE, WONDERSHARE SHALL NOT BEAR OTHER LIABILITIES TO YOU.
WONDERSHARE’S WEBSITES AND PRODUCTS MAY INCLUDE PRODUCTS OR SERVICES OWNED BY THIRD PARTY WEBSITES. SUCH PRODUCTS OR SERVICES OWNED BY THIRD PARTY WEBSITES ARE ONLY FOR YOUR CONVENIENCE. WONDERSHARE SHALL NOT BE RESPONSIBLE FOR THE LICENSE RESTRICTIONS AND LEGALITY OF ANY CONTENT OF SUCH PRODUCTS OR SERVICES OWNED BY THIRD PARTY WEBSITES. YOU MIGHT NEED TO REVIEW AND AGREE TO APPLICABLE RULES OF USE WHEN USING SUCH PRODUCTS OR SERVICES OWNED BY THIRD PARTY WEBSITES. IN ADDITION, A LINK TO THIRD PARTY WEBSITE DOES NOT IMPLY THAT WONDERSHARE ENDORSES THE SITE OR THE PRODUCTS OR SERVICES REFERENCED THEREIN.
16. INDEMNIFICATION
LICENSEE WILL INDEMNIFY AND HOLD LICENSOR HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, LIABILITIES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING FROM OR RELATING TO LICENSEE'S ILLEGAL OR IMPROPER USES OF THE LICENSED SOFTWARE FROM ANY THIRD PARTY. LICENSEE'S OBLIGATIONS UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT.
17. END-USER GENERATED CONTENT
The Licensed Software enables the Licensee to enter content that will be stored on the device on which the Licensed Software is installed (such content shall be referred to herein as the "End-User Generated Content"). Licensee is solely responsible for Licensee's use, storage and disclosure of the End-User Generated Content. Licensee may only use the End-User Generated Content responsibly, in a manner consistent with the exercise of good judgment. The Licensed Software may permit the Licensee to enter, copy, edit Content that constitutes non-public personal information of individuals other than the Licensee; the Licensee shall not use, store or disclose any such information without the express consent of the individuals to whom it relates. If Licensee is having difficulty deciding whether Licensee's intended use is appropriate, or whether Licensee needs written permission, or whether other legal issues should be considered, the Licensor strongly encourages Licensee to seek competent legal counsel. The Licensor will not assist Licensee in making this determination, nor can the Licensor provide Licensee with legal advice as to intellectual property rights or privacy laws.
Licensee may only use End-User Generated Content which belongs to Licensee and will not violate the rights of others therein. The Licensor will not edit or monitor any and all Content; Licensee therefore assumes exclusive responsibility for the monitoring thereof. Licensee may not use the Licensed Software in conjunction with content that is illegal, obscene, indecent, defamatory, incites racial or ethnic hatred or violates the rights of others, or is in any other way objectionable.
Licensee is responsible for independently verifying the accuracy and completeness of Licensee's contents (e.g. any technical illustrations or diagrams for operation guides, parts catalogs, schematics, writing diagrams, assembly instructions, maintenance manuals, architectural presentations or other materials You create and/or modify using Our Software).
If Licensee or Licensee's attorney determines that Licensee is required by law to obtain written permission to use portions of the End-User Generated Content, Licensee must request permission for reproduction, redistribution, or modification of the Content from the appropriate owner of the subject materials (as may be cited in the Licensed Software). If, on the other hand, Licensee or Licensee's attorney determines it is permissible to proceed and include End-user Generated Content from the Licensed Software, the Licensor asks Licensee to correctly designate the Licensor trademark(s) when referring to the Licensed software in the notice or copyright portion of Licensee's paper, project, or product. Licensee shall indemnity, hold harmless, and defend the Licensor and the Licensor suppliers from all claims, damages, attorneys' fees, costs, and lawsuits that arise from, or result from, Licensee's use or distribution of any and all Content and its use of the Licensed Software.
18. EXPORT RESTRICTIONS
You may not use or otherwise export or re-export the licensed software to any countries or territories sanctioned by the United Nations or the USA. By using the licensed software, you represent and warrant that you are not located in any such countries.
19. LICENSEE PUBLICITY RIGHTS
During the term of this EULA, Licensee grants Licensor the right to include Licensee as a customer in software promotional material.
Licensee can deny Licensor this right by submitting a written request via email to support@wondershare.com and requesting to be excluded from software promotional material. Confirmation of such denial (via reply email) must be received prior to purchasing for this exclusion to be effective.
Should the Licensee come to be or already be included in product promotional material, as a result of any prior purchases where the Licensee did not request exclusion from product promotional material, the Licensee can at any point in time, submit a written request via email to support@wondershare.com to have Wondershare remove the Licensee's name and other information from product promotional material. Upon receipt of such request, Wondershare will remove any reference to the Licensee from such promotional material within 30 days and make no further reference to the Licensee.
20. GOVERNING LAW AND DISPUTE RESOLUTION
This agreement will be governed by the laws of the People's Republic of China without giving effect to the conflict of laws. Any disputes arising out of or in connection with this agreement shall be settled by the Shenzhen Court of International Arbitration in according with its effective rules to the extent not prohibited by local law in your jurisdiction.
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.
ADDITIONAL EULA TERMS (RELATED TO WONDERSHARE GENERATIVE AI)
Given that Wondershare Software may integrate the generative AI features based on our AI algorithm technology or the AI algorithm technology licensed by the third party (hereinafter referred to as the "Generative AI"), these Additional Teams govern your use of Generative AI in our Software when the End User (hereinafter referred to as “you” or the “End User” or “Licensee”) use the functions of Wondershare Software that involve Generative AI (hereinafter referred to as the "Services"), you agree to be bound by the following agreements:
1. About the Services
You acknowledge and confirm that currently, the residences located in some specific countries/regions are not available to access or use the Generative AI in accordance with the applicable laws, and compliance requirements from the relevant supervisors, authorities, governments, or the technology providers., and the aforesaid countries/regions may periodically update as per the applicable laws and regulations or the compliance requirements from relevant authorities. Therefore, before using the Services, you shall ensure whether the authorities have supported or allowed using the Generative AI in your country/region. If your country/region does not allow you to use the Generative AI, resulting in your inability to use the Services. In that case, you shall bear the relevant responsibilities and losses on your own, and we shall not assume any liability for your responsibilities and losses. You have no right to demand compensation or liability from us based on your inability to use the Services.
2. Generating Content
You acknowledge and confirm that any content you input or upload to the Software for the Services, such as video file, audio file, document, image, or text(including any output parameters, such as aspect ratio, style, etc.) (collectively, the "Input") will be used and processed by the Services and Software to generate an output, such as an audio file, video file, image, text, or text effects (collectively, the "Output"). The Input and Output are your Content (and are not Content Files or Sample Files) and all provisions governing Content in the Terms apply to the Input and Output. The generative AI features, Input, and Output must be used in accordance with the Terms, which may be modified from time to time. Wondershare reserves the right to throttle, limit, disable, suspend, or terminate your right to use or access the generative AI features at any time in our sole discretion without prior notice to you.
3. Requirement for Your Age
You must be at least 13 years old to use the Services. If you are under 18 years old, you must have your parent or legal guardian’s permission to use the Services. If you use the Services on behalf of another person or entity, you must have the authority to accept the Terms on their behalf. You must provide accurate and complete information to register for an account. You may not make your access credentials or account available to others outside your organization, and you are responsible for all activities that occur using your credentials.
4. Usage Requirements
4.1Use the Services. You shall comply with this EULA and all applicable laws when using the Services. You are solely responsible for your Input. You shall be aware and undertake that your Input shall not : (i) violates applicable law; (ii) violates the Terms. (iii)includes trademarks or other materials protected by third-party Intellectual Property Rights, unless you have sufficient rights in such materials; (iv)s intended to generate Output that is substantially similar to a third party’s copyrighted work or is otherwise protected by third-party Intellectual Property Rights, unless you have sufficient rights in such work; (v) contains personal information unless you comply with all data protection and privacy laws and regulations applicable to the personal information, including providing privacy notices and obtaining consent, where required; (vi)violates the public order and morals .We may automatically block your Input, in our sole discretion, if we believe it violates the rights of a third party, applicable law, or our Terms.
4.2Restrictions. You shall not :(i)use the Services in a way that infringes, misappropriates, or violates any person's rights; (ii)reverse assemble, reverse compile, decompile, translate, or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services (except to the extent such restrictions are contrary to applicable law);(iii)use the output from the Services to create, train, test, or develop any machine learning algorithms, artificial intelligence systems, or any conducts/business competed against us; (iv)except as permitted through the API, use any automated or programmatic method to extract data or output from the Services, including scraping, web harvesting, or web data extraction; (v)represent that output from the Services was human-generated; (vi)remove or alter any watermarks (e.g., the watermark placed or inserted in the Output to indicate and express the nature of AI generation) that may be generated with the Output, or otherwise attempt to mislead others about the origin of the Output;(vii)buy, sell, or transfer API keys without our prior consent; or If you are using the API in connection with a website or application directed at children, send us any personal information of children under 13 or the applicable age of digital consent. You will comply with any rate limits and other requirements in our documentation. You may use Services only in geographies currently supported by the relevant authorities.
4.3Feedback. If you provide any feedback, including but limited to comments, ideas, proposals, and suggestions for improvements, Wondershare may use such feedback without restriction or compensation to you.
4.4Third Party Services. Any third-party software, services, or other products you use in connection with the Services and the Generative AI are subject to their terms, and we are not responsible for third-party products.
5. Content
5.1Your Content. You may provide Input to the Services and receive Output generated and returned by the Services based on the Input. Input and Output are hereinafter collectively referred to as the "Content." As between the parties and to the extent permitted by applicable law, you own all Input. Subject to your compliance with this EULA, we hereby assign to you all its rights, titles, and interests in and to Output. This means you can use Content for any purpose, including commercial purposes such as sale or publication if you comply with the Terms. We may use Content to provide and maintain the Services, comply with applicable law, and enforce this EULA. You are solely and completely responsible for the Content, including ensuring that it does not violate any applicable law or the Terms.
5.2Similarity of Content. Due to the nature of generative AI, Output may not be unique across users, and the Services may generate the same or similar output for us or a third party. Other users may also ask similar questions and receive the same response. The Output may not be protectable by Intellectual Property.
5.3Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve the Generative AI to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, using our Services and the Generative AI may, in some situations, result in incorrect Output that does not accurately reflect real people, places, or facts. You shall evaluate the accuracy of any Output as appropriate for your use case, including by using a human review of the Output. If you suffer any loss or adverse effects due to using the Output content, you shall be solely responsible, and we shall not assume any responsibility or loss. You hereby declare and undertake not to claim or assert any rights against us.
6. Usage Restrictions Policy
6.1 You shall abide by the following Usage Restrictions Policy. Your use of our Services shall be deemed as your complete agreement to the following policy. If we find that your use does not comply with the following policy, we may require you to make necessary changes. Repeated or serious violations may result in us taking appropriate action, including suspending or terminating your account.
6.2 We may update this Usage Restrictions Policy in accordance with our policy requirements, and your continued use of the services shall be deemed as your agreement to the updated policy.
6.3 We don’t allow the use of the Services or Generative AI for the following:
(i) Illegal activity;
(ii) Child sexual abuse material or any content that exploits or harms children;
(iii) Generation of hateful, harassing, or violent content;
(iv) Generation of malware;
(v) Activity that has a high risk of physical harm, including but not limited to weapons development, military, and warfare;
(vi) Activity that has a high risk of economic harm, including but not limited to multi-level marketing, gambling, payday lending;
(vii) Fraudulent or deceptive activity, including but not limited to scams, coordinated inauthentic behavior, plagiarism, academic dishonesty, astroturfing;
(viii) Adult content, adult industries, and dating apps, including but not limited to content meant to arouse sexual excitement, erotic chat, pornography;
(ix) Political campaigning or lobbying;
(x) Activity that violates people's privacy, including but not limited to tracking or monitoring an individual without their consent, facial recognition of private individuals;
(xi) Engaging in the unauthorized practice of law, or offering tailored legal advice without a qualified person reviewing the information;
(xii) Offering tailored financial advice without a qualified person reviewing the information;
(xiii) Telling someone that they have or do not have a certain health condition, or providing instructions on how to cure or treat a health condition;
(xiv) High-risk government decision-making, including but not limited to law enforcement and criminal justice, migration, and asylum.
6.4 We are entitled to use any available technologies and manners to review, screen for, and block your Input and Output that may violate applicable law, the rights of a third party, or this EULA, before the Input is processed to our Software, and the Output is generated or delivered to you. Our conducting the foregoing measures is not a breach of the agreement between you and us.
7. Your Responsibilities
7.1 You shall strictly comply with relevant legal provisions, ensure that any of your Input has a legal and legitimate source of rights, and does not infringe on any subject's intellectual property rights and legal rights and interests. Otherwise, you shall bear and resolve all legal liabilities arising therefrom, and we shall not be liable for any responsibility or expenses.
7.2 You are solely responsible for the creation and use of the Output and for ensuring the Output complies with our Terms; however, we may use available technologies, vendors, or processes to screen for and block Output that may violate applicable law, the rights of a third party, or our Terms, before the Output is delivered to you.
7.3 We disclaim all warranties, express or implied, regarding the Output, including any implied warranties that the Output will not violate the rights of a third party or any applicable law. In addition, you must not remove or alter any watermarks or Content Authenticity Verification mechanism that may be generated with the Output, or otherwise attempt to mislead others about the origin of the Output.
8. No AI/ML Training
You must not, and must not allow third parties to, use any content, data, output or other information received or derived from any generative AI features, including any Outputs, to directly or indirectly create, train, test, or otherwise improve any machine learning algorithms or artificial intelligence systems, including any architectures, models, or weights.
ADDITIONAL EULA TERMS (FILMORA)
This Additional EULA shall apply to Filmora (hereinafter referred to as Filmora or software). this Additional EULA shall not apply to other Wondershare software products except as otherwise provided by Wondershare.
IMPORTANT: This Additional EULA is part of "Wondershare Software END USER LICENSE AGREEMENT". By installing the Software, the End User (hereinafter referred to as you or the End User or Licensee) is agreeing to be bound by this Additional EULA , together with all the terms and conditions of "Wondershare Software END USER LICENSE AGREEMENT" .
1. WHAT TYPES OF LICENSE DO WE OFFER
License for individual: Subject to the terms and conditions of this Agreement, Wondershare hereby grants you (an individual) the limited, revocable, personal, non-exclusive, and non-transferable right to download, install and activate the Software on one device for your own use. However, all the music tracks and sound effects built in Filmora shall not be used for any commercial purpose. Except for the music tracks and sound effects built in Filmora, all the other built in media, built in titles, built in transition, built in effects and built elements, elements, are allowed to use for commercial purpose. If you have purchased an individual plan and want to use Filmora for commercial purpose, you must indicate, “Video is made by Filmora”in your video description. If you don’t want to indicate “Video is made by Filmora”in your video, you can buy a Filmora Business Plan instead.
License for business entity: Wondershare has launched a Business Plan for business entities. Subject to the terms and conditions of this Agreement, Wondershare hereby grants you (business entity) the limited, revocable, non-exclusive, and non-transferable right to download, install and activate the Software on one device for your own use. However, even though you have bought a business plan, you shall not use the music tracks and sound effects built in Filmora which are intended for individual use only. except for the music tracks and sound effects built in Filmora, all the other built in media, built in titles, built in transition, built in effects and built elements, elements, are allowed to use for commercial purpose.
Wondershare has acquired and/or has been authorized to use a lot of copyrighted music and packs which can be used within Filmora. You can get the list of music and packs by visiting license list which may be updated from time to time . Subject to the license type which you have purchased as well as the license restrictions, Licensee may be authorized to use one or more pieces of our copyrighted music and packs within Filmora and release the finished videos onto YouTube, Facebook, Twitter, and other social medias.
2. USE OF MUSIC TRACKS AND SOUNDS EFFECTS
All the music tracks and sound effects built in Filmora shall not by used for any commercial purpose. Wondershare may, at its sole discretion, update the list of music tracks from time to time, which include adding new music tracks and deleting the music tracks.
3. LIMITATION ON USE
- Licensee may not and agrees not to or enable others to modify, adapt, translate, sublicense, rent, lease, distribute or loan all or any portion of the 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 Software or Documentation; and
- Licensee may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software; 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 Software or Documentation; and
- Licensee may not and agrees not to or enable others to use the Software to host applications for third parties, as part of a facility management, timesharing, service provider, or service bureau arrangement; and
- No Standalone File Use. You may not use the effects built in Filmora in any way that allows others to download, extract, or redistribute the effects as a standalone file (meaning just the effect file itself).
- No Electronic Templates. You may not use the effects in electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, brochure design templates).
- Licensee may not use any other music tracks, elements, pictures, videos which are not provided by Wondershare within Filmora unless you have got a license or permit or proper authority to use them; and
- Wondershare reserves all rights not expressly granted to You in this Agreement.
4. COPYRIGHT
The Software and any authorized copies that Licensee makes are the intellectual property of, and are owned by, the Licensor, and by third parties whose intellectual property has been licensed to the Licensor. The structure, organization, and code of the Software are the valuable trade secrets and confidential information of the Licensor and such third parties. The Software is protected by law, including without limitation, the copyright laws of China and the United States and other countries, and by international treaty provisions. Except as expressly provided in this EULA, Licensee is not granted any intellectual property rights over the Software. Licensee may not make or publish any public statement concerning the Software or the Licensor without the prior express written consent of the Licensor.
5. COVER CD.
The reproduction and distribution of Software (evaluation copy only) in various Cover CDs published by associated magazines are allowed. However a copy of magazine with CD is required to be sent to Wondershare.
6. TERM
There are several kinds of License which Licensee may choose to purchase. If the Licensee choose to purchase a perpetual license, you may use it until terminated. If you choose to purchase a license for a specific period of time, you can only use it during the specific period. You may terminate the license at any time by destroying the Software, together with all copies thereof. The License will be terminated automatically or otherwise cease to be effective if you fail to comply with any term(s) or condition(s) of this Agreement. You shall destroy and cease using the Software, together with all copies thereof immediately after the termination of the License.
7. LIMITATION OF LIABILITY
IN NO EVENT WILL THE LICENSOR, OR THE LICENSOR'S AFFILIATES, ITS EMPLOYEES, AGENTS BE LIABLE FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER, OR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL DAMAGES, OR ANY LOSS OF PROFITS OR SAVINGS, EVEN IF A REPRESENTATIVE OF THE LICENSOR OR ONE OF THE LICENSOR'S AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THESE LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN LICENSEE'S JURISDICTION. THE AGGREGATE LIABILITY OF THE LICENSOR, AND THE LICENSOR AFFILIATES, ITS EMPLOYEES, AGENTS UNDER OR IN CONNECTION WITH THIS EULA, SHALL BE LIMITED TO THE FEES LICENSEE HAS PAID FOR THE SOFTWARE, IF ANY.
IF THE SOFTWARE IS SUBJECT TO A THREATENED, POTENTIAL OR ACTUAL CLAIM OF INFRINGEMENT OF ANOTHER'S RIGHT FOR WHICH WONDERSHARE MAY BE LIABLE, THE LICENSEE WILL MAKE PROMPT AND REASONABLE EFFORTS TO STOP USING THE SOFTWARE UPON RECEIVING THE COMPANY'S WRITTEN NOTICE (INCLUDING BY EMAIL), WONDERSHARE MAY PROVIDE LICENSEE WITH A REPLACEMENT OR UPDATED OR MODIFIED SOFTWARE FREE OF CHARGE. IN SUCH CIRCUMSTANCE, WONDERSHARE SHALL NOT BEAR OTHER LIABILITIES TO YOU.
If there is any conflict between this Additional EULA Terms and the "Wondershare Software END USER LICENSE AGREEMENT", this Additional EULA shall prevail.
ADDITIONAL EULA TERMS (DR.FONE, MOBILETRANS, RECOVERIT)
This Additional EULA Terms shall apply to Dr.fone, MobileTrans, and Recoverit (collectively referred to as Software). this Additional EULA shall not apply to other Wondershare software products except as otherwise provided by Wondershare.
IMPORTANT: This Additional EULA Terms is part of "Wondershare Software END USER LICENSE AGREEMENT". By installing the Software, the End User (hereinafter referred to as you or the End User) is agreeing to be bound by this Additional EULA Terms, together with all the terms and conditions of "Wondershare Software END USER LICENSE AGREEMENT".
1. GRANT OF LICENSE
This EULA grants you the following rights with respect to the SOFTWARE:
Wondershare hereby grants you a revocable, personal, non-exclusive and nontransferable license to install and activate the Software on only one device(including but not limited to computer, cellphone, tablet computer, etc) for your
personal and non-commercial use unless you have bought a commercial or business license. You may not make the Software available on a network, or in any way provide the Software to multiple users, unless you have first purchased at
least a Business license or a Multi-users license from Wondershare. For Business License, you must provide the Software to multiple users according to the number of pieces you choose to buy at the time of purchase.
Wondershare have the right to stipulate a different restriction about the number of device Software can be installed on in the product description at the time of purchase.
2. LIMITATION OF USE
The trial license has fewer functions compared with personal license and business license, and can only be used for a specific period of time. After such period, you must purchase a personal license or business license if you want to continue to use. If you have bought a Personal License, you are restricted from using this Software for commercial or financial gain, including but not limited to, performing technical or consulting services.
If you are a service provider or managed service provider ( collectively, "MSP") that provides software and systems management services, you must buy a Business License rather than a Personal License. And you may, subject to the terms and conditions of this EULA, use the Software in the performance of the foregoing services. Deployment for the purposes of servicing multiple customers concurrently per Software license is permitted only with a Commercial license. MSP may not permit their customers to access and/or use the Software directly, either via a hosted software solution or a hosted or leased hardware solution.
If you contract with a third party to perform services such as network management, monitoring, implementation, consulting or other outsourcing services for you (the "Consultant"), the Consultant may use the Software licensed by you solely for your benefit in the performance of such contract, provided, however, that you ensure that the Consultant uses the Software in accordance with the terms of this EULA. Notwithstanding the foregoing, the Consultant is not authorized under your license to use the Software for its own internal business use.
3. PROTECTION OF PRIVACY
Wondershare 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, Wondershare will disclose your personal information based on your will or the laws. You will be responsible for the resulting problems.
Obtain your prior authorization;
Reveal your personal information to offer products and services requested by you;
According to relevant laws, regulations or requirements of the relevant government agencies;
To protect Wondershare's legal rights and interests;
You violate the provisions of the EULA;
4. TERM OF LICENSE
The purchase of a license gives the End User the right to use the Software for a specific period of time or perpetual, which is decided by the license period you choose to buy.
5. COPYRIGHT
All title and copyrights in and to the SOFTWARE(including but not limited to any images, photographs, animations, video, audio, music, and text incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE are owned by Wondershare or its suppliers. The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material, and may not remove or conceal any proprietary notices, labels or marks from the Software.
6. DISCLAIMER OF WARRANTY
WONDERSHARE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAD FULL OPPORTUNITY TO TEST THE SOFTWARE BEFORE ANY LIVE, PUBLIC OR PRODUCTION USE, SO THAT YOU ASSUME FULL RESPONSIBILITY FOR SELECTING AND USING SOFTWARE, AND THAT IF YOU USE SOFTWARE IMPROPERLY OR AGAINST INSTRUCTIONS, YOU MAY CAUSE DAMAGE TO YOUR COMPUTER, CELLPHONE, TABLET COMPUTER, OTHER FACILITIES AND FACILITY SYSTEM. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SOFTWARE IS BORNE BY YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary by jurisdiction.
7. MISCELLANEOUS
WONDERSHARE 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.
Adolescents may not use the services provided by Wondershare to browse the content of any illegal, obscene, pornographic and other violations of public order and morals.
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 Wondershare for any reason, please write to us.
If there is any conflict between this Additional EULA Terms and the "Wondershare Software END USER LICENSE AGREEMENT" this Additional EULA terms shall prevail.
ADDITIONAL EULA TERMS (Wondershare Virbo)
"Wondershare Virbo" refers to the client application lawfully owned and operated by us under the name of "Wondershare Virbo". We reserve the right to unilaterally change the name of the application. Upon notice of a change of name, all provisions of this Supplemental Agreement will apply to the renamed client application.
This Additional EULA shall apply to Wondershare Virbo (hereinafter referred to as “Virbo” or “Software”). This Additional EULA is part of the Wondershare END USER LICENSE AGREEMENT. By installing this Software, the end user (hereinafter referred to as "you" or the "user") agrees to be bound by this Additional EULA and all the terms and conditions of the Wondershare END USER LICENSE AGREEMENT. This Additional EULA does not apply to other Wondershare software products, unless otherwise specified by Wondershare.
1.Virbo Introduction
Virbo provides you with the services below:
1) Technical services for you to record or compose, edit, export, share, and publish videos. This Software offers a wide range of special effects particles and video templates to help you quickly produce a variety of videos;
2) This Software has abundant built-in "AI avatar" resources which are refined and converted from model live videos. You can input pre-edited text content and use the AI avatars in this Software to generate an engaging video with natural voices (the Software contains many built-in AI avatar images which can be used as though they are real models or actors in your audio or video).
3) This Software offers AI avatar customization services and voice cloning services (collectively, hereinafter referred to as “ Customization Services ”) as you need. For detailed shooting guidelines, please click here to download the PDF file.
2.Grant of the License
Subject to the terms and conditions of this Agreement and your payment of the license fee, Wondershare hereby grants you the limited, revocable, personal, non-exclusive, and non-transferable right to use this Software.
3. Customization Services
With respect to the Customization Services, the following terms are critical and essential for your using this Software and Customization Services, you acknowledge and agree as follows:
(1) Material Shooting . The quality of the AI avatar and cloned voice (collectively, the “ Customized Outcomes ”) we deliver to you depends on the quality of the raw materials you provide, including videos, audio, original footage and other electronic files (hereinafter referred to as the “Raw Materials”). Therefore, you should follow our requirements and guidelines for shooting and recording Raw Materials, otherwise it will affect the final effect of the Customized Outcomes. We will review the Raw Materials you provided to ensure that such Raw Materials meet the standards and requirements of our technology. If your Raw Materials fail to pass our review, we will notify you by email and you can reshoot and provide materials until they pass our review.
(2) Consent Statement . Due to relevant compliance requirements, you must provide the corresponding verbal consent statement in accordance with our requirements and guidelines each time you upload Raw Materials. If you fail to provide the aforementioned verbal statement as required, we have the right to refuse to proceed with the subsequent Customization Services until you provide the required verbal statement. If the model, the individual you appointed to act as your model in shooting Raw Materials, in the Raw Materials shooting is not you, you need to ensure that the Model provides the corresponding consent statement in accordance with our requirements and guidelines.
(3) Ownership of Rights . All copyright and related intellectual property rights under the Customized Outcomes we create for you belong to us. After you pay the corresponding fees, we grant you the right to use such Customized Outcomes for a specific period of time. The Customized Outcomes you customize can only be stored in this Software, and you are only allowed to use the Customized Outcomes within this Software to synthesize and export videos. Please note that we only save your Customized Outcomes during your paid subscription period. If your subscription period expires and you do not renew it, we will delete your Customized Outcomes. If you continue to use our Customization Services in the future, you need to pay us fees and re-customize and clone according to our requirements again.
(4) Refund . Once we believe that the Raw Materials you uploaded meet our technical requirements, we will start the AI avatar and voice cloning training. Because training a AI avatar and cloned voice consumes many of our technical resources and efforts, therefore, we will not refund any fees once we start the such training work. Whereas our products/services are software as the supply of digital content which is not supplied on a tangible medium, and this EULA is a distance contract, therefore, if you are a residence in any of the member states of the European Union, you hereby acknowledge and consent to lose your right of withdrawal. Consequently, if your situation is not eligible for a return or refund as described in our Refund Policy, you are not eligible for a return/refund.
(5) Algorithm Training . When you purchase our Customization Service, you can have yourself or a individual you designate as a model to shoot Raw Materials (collectively, the“Model”) and provide them to us. Based on the needs of the Customization Service, you agree that the Raw Materials you provide must contain the Model's portrait, voice, and other personal information with biological characteristics, and we will provide you with AI avatar image customization, voice cloning, and other services by processing and training Raw Materials via relevant algorithm technology. Due to algorithm technology and other reasons, you hereby authorize and agree that we may transmit the aforementioned personal information to third-party algorithm technology service provider (we have the right to dynamically update algorithm technology providers according to our business needs) for algorithm training to finally form a AI avatar and cloned voice. The aforementioned algorithm provider will collect and process the aforementioned personal information. If the aforementioned Model is not you, you need to inform the Model in writing of the detailed information collection, ensure that the Model is fully and completely aware of and agrees to the information collection and processing, and ensure that the Model fully and completely agrees to our provision of Raw Materials to the aforementioned algorithm provider. If you have any disputes with the Model as a result, you should resolve and settle such disputes and bear all responsibilities and losses on your own, and we will not be responsible for any such disputes or losses.
(6) Cross-border Data Transfer . The personal information you provide to us and the personal information we collect from you will be transferred to countries outside your country of residence (such as China, the United States), stored or processed in these countries/regions. Your personal information is also processed by one of our algorithm service providers or partners outside the European Economic Area, the UK, or Switzerland. Our processing your personal information provided to us is under the purpose to provide our Customization Services and fulfill our services contracts with you. You shall provide Raw Materials to us in the manner specified by us, such as Google Drive.
Moreover, the legal basis for us processing the aforementioned personal information includes:
A. Fulfilling the contract we have signed with you. After you subscribe to our Customization Services, we must obtain your or the relevant Model's personal information under Raw Materials containing biological features such as images and voices in order to provide you with Customization Services. If you do not provide the aforementioned information and Raw Materials, we will not be able to provide our Customization Services to you.
B. Your consent. By agreeing to this EULA, you consent to us collecting and processing your personal information and Raw Materials in accordance with the agreement in order to provide services to you.
4.Membership Types and Benefits for Each Membership Type
Wondershare offers different types of memberships for you to subscribe to or purchase. Different types of membership vary in terms of features and benefits.
1) Standard membership
Standard membership is limited to personal use. Users may use some of the features of this Software free of charge but are not entitled to use member-exclusive resources and templates. Standard membership includes 2 minutes of video production time. Each video is limited to 30 seconds in duration with a resolution of 720p. Standard members are provided with 512MB of cloud storage space free of charge. This does not apply for users who have previously purchased Wondershare cloud drive membership.
2) Monthly membership
Users may use the various features of this Software for 30 calendar days after purchasing a monthly membership, including member-exclusive resources and templates. Monthly membership includes 15 minutes of video production time. Each video is limited to 2 minutes in duration with a resolution of 1080p. Users with monthly membership are provided with 20GB of cloud storage space and should abide by the Wondershare Cloud Service Agreement (https://www.wondershare.com/company/end-user-license-agreement.html).
3) Annual membership — Essential
Users may use the various features of this Software after purchasing an annual membership (Essential), including member-exclusive resources and templates. Annual membership (Essential) includes 45 minutes of video production time. Each video is limited to 5 minutes in duration with a resolution of 1080p. Users with annual membership are provided with 100GB of cloud storage space and should abide by the Wondershare Cloud Service Agreement (https://www.wondershare.com/company/end-user-license-agreement.html).
4) Annual membership — Pro
Users may use the various features of this Software after purchasing an annual membership (Pro), including member-exclusive resources and templates. Annual membership (Pro) includes 300 minutes of video production time. Each video is limited to 5 minutes in duration with a resolution of 1080p. Users with annual membership are provided with 100GB of cloud storage space and should abide by the Wondershare Cloud Service Agreement (https://www.wondershare.com/company/end-user-license-agreement.html).
5) Purchase of single export
Users may use the various features of this Software after purchasing a single export, including member-exclusive resources and templates, and the export of a single video. Single export videos are limited to 30 seconds in duration with a resolution of 720p. When using the cloud storage space provided by the product, users should abide by the Wondershare Cloud Service Agreement (https://www.wondershare.com/company/end-user-license-agreement.html).
6) Membership Types and Benefits for Each Membership Type of Virbo Live
6.1) Standard Membership
Standard membership is limited to personal use. Users may use some of the features of this Software free of charge but are not entitled to use member-exclusive resources and enjoy the ability to start live streaming. Standard members are provided with 512MB of cloud storage space free of charge. This does not apply for users who have previously purchased Wondershare Cloud Service Agreement (https://www.wondershare.com/company/end-user-license-agreement.html).
6.2) Creator Plan
Users may use the various features of this Software for 30 calendar days after purchasing a monthly membership or 365 calendar days after purchasing an annual membership, including member-exclusive resources and templates, 3600 minutes per month of live streaming time. Users with Creator Plan are provided with 100GB of cloud storage space and should abide by the Wondershare Cloud Service Agreement (https://www.wondershare.com/company/end-user-license-agreement.html).
6.3) Busines Plan
Users may use the various features of this Software for 30 calendar days after purchasing a monthly membership or 365 calendar days after purchasing an annual membership, including member-exclusive resources and templates, 10800 minutes per month of live streaming time. Users with Creator Plan are provided with 500GB of cloud storage space and should abide by the Wondershare Cloud Service Agreement (https://www.wondershare.com/company/end-user-license-agreement.html).
7) The content you produce, edit, export or publish must comply with national laws and regulations, and you must not produce, export or publish false information using new technologies and applications based on deep learning and AI technology, etc. When you export or publish non-authentic audio or video content produced using new technologies and applications based on deep learning, AI technology, etc., you should make such content clearly identifiable.
8) The content you produce, edit, export or publish must comply with national laws and regulations, and you must not produce, export or publish false information using new technologies and applications based on deep learning and AI technology, etc. When you export or publish non-authentic audio or video content produced using new technologies and applications based on deep learning, AI technology, etc., you should make such content clearly identifiable.
9) The company has set up a complaint and reporting platform for members of the public. Using the complaint and reporting platform, you can file complaints to the company, report acts violating laws and regulations as well as illegal and harmful information. The company will promptly accept and process your complaints and reports to help create a safe and fair cyberspace.
When you use software and related services provided by a third party inside Wondershare Virbo, in addition to complying with this Agreement and other related rules of Wondershare Virbo, you may need to agree to and comply with the third party’s agreements and related rules. Any dispute, loss or damage arising from using third-party software and related services should be resolved between you and the third party. In such cases the company shall not be liable to you or any third party.
5.User Code of Conduct
You should be responsible for your conduct when using this Software and related services. Unless permitted by law or with our prior written permission, you must abide by the following code of conduct when using this Software and related services:
1) This Software contains a number of innovative features. You should ensure you either legally own the intellectual property rights or have obtained the permission of relevant owner for the content recorded, produced, edited, exported and published through using this Software, and do not infringe any rights of any third party (such as intellectual property rights, name rights, portrait rights, data privacy rights, personal information rights, etc.);
2) When you use our Customization Services, you shall ensure and warrant that any and all of your Raw Materials which you provide and submit to us for Customization Services, shall not infringe or harm any rights and interests of any thirty party, you shall hold and obtain relevant right and authorization to grant, permit, and authorize us to use such Raw Materials for providing Customization Services. Moreover, you hereby grant, permit, and authorize us a non-exclusive, royalty-free, irrevocable, transferable, and sub-licensable, worldwide license to use, distribute, modify, manipulate, reproduce, publicly display, translate or create your Raw Materials so as to create your customized AI avatar, cloned voice, and provide Customization Services to you.
3) The content you record, produce, edit, export, or publish must not contain the following:
a) Content that is against the basic principles established by the Constitution;
b) Content that results in endangering national security, divulging state secrets, subverting state power or undermining national unity;
c) Content that does harm to national pride and interests;
d) Content that incites ethnic hatred, ethnic discrimination, and undermines ethnic unity;
e) Content that insults or misuses the images of heroes, negates the deeds of heroes, or whitewashes acts of invasion and war;
f) Content that is against the state's religious policies, or promotes heresy and feudalistic superstition;
g) Content that spreads rumors, disturbs the social order, or endangers social stability;
h) Content that spreads obscenity, pornography, gambling, violence, murder, terror or abets crimes;
i) Content that insults or calumniates others, or infringes upon the legitimate rights and interests of others;
j) Content that smears or damages the image or reputation of AI avatars;
k) Information containing other content prohibited by laws or administrative regulations.
4) You may not use the content created using this Software for any illegal purpose such as fraud or deception. You agree that you will enjoy the relevant benefits and assume the corresponding responsibilities for the content you produce and publish. Our role is to provide technical services. Besides that, we do not grant you any rights. Any disputes or legal responsibilities arising therefrom should be borne by you.
5) You should not purport or claim the ownership or intellectual property rights for this Software or the images of AI avatars and any other assets contained in this Software in any form. That is, in all cases, the ownership and intellectual property rights of this Software and the images of AI avatars and any other assets contained in this Software belong to us, and you shall only have the right to use our AI avatars and assets in your audio and videos.
6) You may not transfer, distribute, sublicense, or lease the images of AI avatars or assets contained in this Software in any form, nor strip out the images of AI avatars or assets contained in this Software.
If you violate the above code of conduct, we reserve the right to suspend or permanently terminate your right to use this Software, remove any content in violation of the code of conduct, refuse to make any refund to you, and cooperate with judicial authorities, third-party right holders and other relevant entities to take necessary legal actions against you, and you shall bear all relevant legal liabilities.
6.Third-party websites and services
(1) Services may include or be linked to third-party websites, services and/or content. Such websites, services and/or content may be subject to additional terms and conditions set by third-party companies.
(2) Services may include or be linked to services and/or content provided by business partners with whom the Company cooperates. The Company is not responsible for such services and/or content. In addition, such services and/or content may be subject to terms and conditions developed by their respective business partners.
7.Miscellaneous
This Supplemental Agreement is an integral part of the Wondershare End User License Agreement. Wondershare may update this Supplemental Agreement from time to time and your continued use of this Software will be deemed to be your acceptance of such updates. If you do not accept the updated agreement, you can choose to terminate this Agreement. In such cases, Wondershare does not bear any liability or expense to you.
If there is any conflict between this Additional EULA Terms and the Wondershare Software END USER LICENSE AGREEMENT, this Additional EULA shall prevail.
ADDITIONAL EULA TERMS (EDRAW)
This Additional EULA shall apply to Edraw (hereinafter referred to as Edraw or Software). This Additional EULA shall not apply to other Wondershare software products except as otherwise provided by Wondershare.
IMPORTANT: This Additional EULA is part of "Wondershare Software END USER LICENSE AGREEMENT". By installing the Software, the End User (hereinafter referred to as you or the End User or Licensee) is agreeing to be bound by this Additional EULA, together with all the terms and conditions of "Wondershare Software END USER LICENSE AGREEMENT".
1. WHAT TYPES OF LICENSES DO WE OFFER
License for individual: Subject to the terms and conditions of this Agreement, Wondershare hereby grants you (an individual) the limited, revocable, personal, non-exclusive, and non-transferable right to download, install, and activate the Software on three devices at most for your own use. However, none of the templates shared by the other users of Edraw shall be used for any commercial purpose. Except for the templates shared by the other users of Edraw, all the other built-in templates provided by Edraw are allowed to be used for commercial purposes. If you have purchased an individual plan and want to use a template shared by another user of Edraw for commercial purposes, you must ask the template owner for permission.
License for business entity: Wondershare has launched a Business Plan for business entities. Subject to the terms and conditions of this Agreement, Wondershare hereby grants you (business entity) the limited, revocable, non-exclusive, and non-transferable right to download, install, and activate the Software on three devices for your own use. However, even if you have bought a business plan, you shall not use any of the templates shared by the other users of Edraw for any commercial purpose, which are intended for non-commercial use only. Except for the templates shared by the other users of Edraw, all the other built-in templates provided by Edraw are allowed to be used for commercial purposes. If you have purchased a business plan and want to use a template shared by another user of Edraw for commercial purposes, you must ask the template owner for permission.
Edraw has acquired and/or has been authorized to use a lot of copyrighted templates which can be used within Edraw. Subject to the license type which you have purchased as well as the license restrictions, the Licensee may be authorized to use one or more pieces of our copyrighted templates within Edraw and release the finished picture onto social media.
2. USE OF TEMPLATES
All the templates built in Edraw shall not be used for any commercial purpose. Edraw may, at its sole discretion, update the list of templates from time to time, which includes adding new templates and deleting templates.
LIMITATION ON USE
- The Licensee may not and agrees not to or enable others to modify, adapt, translate, sublicense, rent, lease, distribute, or loan all or any portion of the Software or Documentation; and
- The Licensee may not and agrees not to or enable others to create any derivative works from all or any portion of the Software or Documentation; and
- the Licensee may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software; and
- The 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 Software or Documentation; and
- The Licensee may not and agrees not to or enable others to use the Software to host applications for third parties, as part of a facility management, timesharing, service provider, or service bureau arrangement; and
- No Standalone File Use. You may not use the effects built in Edraw in any way that allows others to download, extract, or redistribute the effects as a standalone file (meaning just the effect file itself); and
- No Electronic Templates. You may not use the effects in electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, brochure design templates); and
- The Licensee may not use any template that is not provided by Wondershare within Edraw unless you have got a license or permit or proper authority to use them; and
- Wondershare reserves all the rights not expressly granted to You in this Agreement.
3. COPYRIGHT
The Software and any authorized copies that the Licensee makes are the intellectual property of, and are owned by, the Licensor, and by third parties whose intellectual property has been licensed to the Licensor. The structure, organization, and code of the Software are the valuable trade secrets and confidential information of the Licensor and such third parties. The Software is protected by law, including without limitation, the copyright laws of China, the United States, and other countries, and by international treaty provisions. Except as expressly provided in this EULA, Licensee is not granted any intellectual property rights over the Software. The Licensee may not make or publish any public statement concerning the Software or the Licensor without the prior express written consent of the Licensor.
4. TERM
There are several kinds of Licenses which the Licensee may choose to purchase. If you choose to purchase a perpetual license, you have the right to use specific major versions of the Software indefinitely unless in contradiction with other terms. If you choose to purchase a license for a specific period of time, you can only use it during the specific period. You may terminate the license at any time by destroying the Software, together with all copies thereof. The License will be terminated automatically or otherwise cease to be effective if you fail to comply with any term(s) or condition(s) of this Agreement. You shall destroy and cease using the Software, together with all copies thereof, immediately after the termination of the License.
5. LIMITATION OF LIABILITY
IN NO EVENT WILL THE LICENSOR, OR THE LICENSOR'S AFFILIATES, ITS EMPLOYEES, AGENTS BE LIABLE FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER, OR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL DAMAGES, OR ANY LOSS OF PROFITS OR SAVINGS, EVEN IF A REPRESENTATIVE OF THE LICENSOR OR ONE OF THE LICENSOR'S AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THESE LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN THE LICENSEE'S JURISDICTION. THE AGGREGATE LIABILITY OF THE LICENSOR, AND THE LICENSOR AFFILIATES, ITS EMPLOYEES, AND AGENTS UNDER OR IN CONNECTION WITH THIS EULA, SHALL BE LIMITED TO THE FEES THE LICENSEE HAS PAID FOR THE SOFTWARE, IF ANY.
IF THE SOFTWARE IS SUBJECT TO A THREATENED, POTENTIAL OR ACTUAL CLAIM OF INFRINGEMENT OF ANOTHER'S RIGHT FOR WHICH WONDERSHARE MAY BE LIABLE, THE LICENSEE WILL MAKE PROMPT AND REASONABLE EFFORTS TO STOP USING THE SOFTWARE UPON RECEIVING THE COMPANY'S WRITTEN NOTICE (INCLUDING BY EMAIL), WONDERSHARE MAY PROVIDE LICENSEE WITH A REPLACEMENT OR UPDATED OR MODIFIED SOFTWARE FREE OF CHARGE. IN SUCH CIRCUMSTANCES, WONDERSHARE SHALL NOT BEAR OTHER LIABILITIES TO YOU.
If there is any conflict between this Additional EULA Terms and the "Wondershare Software END USER LICENSE AGREEMENT", this Additional EULA shall prevail.
Additional Terms for Wondershare Drive
1. Acceptance
The Services are offered subject to your acceptance of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Wondershare’s Privacy Policy) and procedures that may be published from time to time by Wondershare related to the Services, client software and websites ("Services"), which shall be incorporated herein by reference. By accessing, registering for and/or using the Services in any manner you agree to the Terms. If you do not agree to the Terms, do not use the Services. You, user have the same meaning, Wondershare, we have the same meaning.
2. Changes to the Terms
We may make changes to the Terms and/or our other operating rules, policies and/or procedures from time to time, in our sole and absolute discretion. We will notify you of any changes to the Terms by posting the updated Terms on Wondershare’s website and/or the Services. Any changes to our operating rules, policies and/or procedures shall be incorporated herein. It is your responsibility to review the Terms frequently and to remain informed of any changes to them. The then-current version of the Terms will supersede all earlier versions. You agree that your continued use of the Services after such changes have been published will constitute your acceptance of such revised Terms and operating rules, policies and/or procedures (as applicable).
3. Definitions
“Wondershare Drive” or “Services” means our services, client software and websites.
“System” refers to the software systems and programs, the communication and network facilities, and the hardware and equipment used by Wondershare or its agents to make available the Services via the Internet.
4. Grant of the License
4.1. By using the Services and subject to your compliance with the Terms and your payment of the subscription fee or license fee: (i) Wondershare grants to you a limited, non-exclusive, non-transferable, revocable right to use and/or access the Services; and (ii) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell and/or re-sell any content, software, products and/or services obtained from and/or through the Services without the express prior written permission of Wondershare.
4.2. Our Services are protected by applicable intellectual property laws, including China copyright law, United States copyright law and international treaties. Wondershare reserves all rights not expressly granted to you in this Terms.
5. Scope of Use
5.1. Use of Services. Wondershare retains the right, in its sole and absolute discretion, to deny access to and/or use of the Services to anyone at any time and for any reason. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time. You are solely responsible for ensuring that your access to and/or use of the Services is in compliance with all laws, rules and regulations applicable to you and the right to access and/or use the Services is revoked where your access to and/or use of the Services is prohibited. Further, the Services are offered only for your use, and not for the use and/or benefit of any third party.
5.2. Creating an Account. To sign up, access and/or use the Services, you must create an account (an “Account”). You agree that Wondershare will not be liable to you and/or to any third party for any suspension and/or termination of your Account and/or any refusal of any access to and/or use of the Services (or any portion thereof). You must provide accurate and complete information and keep your Account information updated. You are solely responsible for maintaining the security of your Account, and you are fully responsible for all activities that occur under your Account and any other actions taken in connection with your Account. Your Account is non-transferrable and may not be sold, combined and/or otherwise shared with any other person. If you violate the Terms we may terminate your account immediately.
5.3 You must follow all the procedures and instructions We publish on our websites during your use of our Services.
6. UsageLimitations and Customer Responsibilities
Wondershare’s provision of the Services is conditioned on Customer’s acknowledgement of and agreement to the following:
a. Between Wondershare and customer, customer has exclusive control over and responsibility for your files, content, messages, contacts, and so on (“Your Stuff”).When you use our Services, you provide us with Your Stuff. These Terms don’t give us any rights to Your Stuff except for the limited rights that enable us to offer the Services.
b. We need your permission to do things like hosting Your Stuff, backing it up, and sharing it when you ask us to. Our Services also provide you with features like sharing, searching, image thumbnails, document previews, easy sorting and organization, and personalization to help reduce busywork. To provide these and other features, Wondershare Drive accesses, stores, and scans Your Stuff. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with;
c. Customer agrees it is solely responsible for the accuracy and appropriateness of instructions given by it and its personnel to Wondershare in relation to the Services, including without limitation instructions through its Account as made by the assigned Account Administrator(if applicable).
7. Payment
Wondershare may provide several kinds of subscription plan which you may choose to purchase. You can refer to Wondershare’s subscription introduction web pages before making a purchase. The introduction web pages also constitute an effective part of this Terms.
8. User Content
8.1. The Services may enable you to submit, upload, or otherwise make available (collectively, "upload") content such as files, content, messages, contacts, and so on (“Your Stuff”) to System.
8.2. You agree that you will not under any circumstances transmit any User Content that:
(i) is unlawful and/or promotes unlawful activities;
(ii) defames, harasses, abuses, threatens, or incites violence towards any individual or group;
(iii) is pornographic, discriminatory and/or otherwise victimizes and/or intimidates an individual and/or group on the basis of religion, gender, sexual orientation, race, ethnicity, age and/or disability;
(iv) is spam, is machine- or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation and/or any form of lottery and/or gambling;
(v) contains and/or installs any viruses, worms, malware, Trojan horses and/or other content that is designed or intended to disrupt, damage and/or limit the functioning of any software, hardware, and/or telecommunications equipment and/or to damage and/or obtain unauthorized access to any data and/or other information of any third party;
(vi) infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity and/or other rights;
(vii) violates the privacy of any third party.
8.3. Wondershare does not undertake to screen, review, edit, censor and/or otherwise filter and/or control User Content and/or the behavior of users of User Content and/or the Services. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Terms and/or otherwise create liability for us or any other person. Such action may include without limitation removing and/or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities.
9. Electronic Communications
By using the Services, you agree to receive certain communications in connection with the Services. The communications between you and Wondershare use electronic means, whether you use the Services or send us emails, or whether Wondershare posts notices on the Services or communicates with you via email. For contractual purposes, you (i) consent to receive communications from Wondershare in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Wondershare provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be a hardcopy in writing. The foregoing does not affect your non-waivable rights.
10. Termination by Wondershare
Wondershare shall be entitled to terminate this Terms immediately upon serving written notice on you in the following circumstances: if you commit a material breach of any of its obligations under this Terms which is not capable of remedy or if you commits a material breach of any of its obligations under this Terms which is not remedied within fifteen (15) calendar days after receipt of a notice from Wondershare. Termination of this Terms shall not affect any rights, obligations or liabilities of either party which have accrued before termination or which are intended to continue to have effect after termination.
Wondershare may decide to discontinue the Services in response to exceptional unforeseen circumstances, events beyond our control (for example a natural disaster, fire, or explosion), or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice so that you can export Your Stuff from our systems (we will give you no less than 30 days’ notice where possible under the circumstances). If we discontinue the Services in this way before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but haven't received Services for.
11. Storage Limits
11.1. During the Term of the Services, Wondershare will send and store Your Stuff per these Terms of the Subscription Plan. Customer may retrieve and store copies of Your Stuff for storage outside of the System at any time during the Subscription Term, and may delete Your Stuff from the System at its own discretion.
11.2. Deletion. Wondershare may delete an Account and Customer Data, including without limitation Your Stuff (whether complete or not), upon the expiration of the Subscription Term or termination of the Services. According to our business strategy, Wondershare may provide storage space up to 1G to the Basic Member free of charge. However, if the Basic Member doesn’t use our Services for more than 1 year, Wondershare reserves the right to cancel your free storage space and delete your Account and Customer Data directly.
11.3. Where Wondershare provides Services involving the provision of storage space, and/or in relation to other relevant services, Wondershare reserves the right to impose and vary limits and/or restrictions (temporary or otherwise) on the use of the Services, including, without limitation, limits on the storage provided by reference to storage space, time/age of files, number and/or size of files, amount of data down and/or uploaded and/or any other criteria Wondershare may specify.
11.4. Wondershare Drive's processing rules for inactive Licensees are as follows:
For Licensee who has uploaded files to Wondershare Drive, if Licensee has not operated Wondershare Drive for more than 180 days since the last time Licensee operated Wondershare Drive (logging in Wondershare Drive or uploading files, downloading files and sharing files through Wondershare Drive constitute operating Wondershare Drive), and not currently within the subscription period of Wondershare Drive or any Wondershare product that is linked to Wondershare Drive, such Licensees will be deemed as inactive Licensees.
For Licensee who has opened an account of Wondershare Drive but has not uploaded any files, if such Licensees have not logged in Wondershare Drive for more than 90 days since their last login to Wondershare Drive, and not currently within the subscription period of Wondershare Drive or any Wondershare product that is linked to Wondershare Drive, such Licensees will be deemed as inactive Licensees.
Wondershare has the right to permanently delete the inactive Licensee's Wondershare Drive account and all files in the Wondershare Drive account (if any), which cannot be recovered.
12. Indemnification
YOU WILL INDEMNIFY AND HOLD WONDERSHARE HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, LIABILITIES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING FROM OR RELATING TO YOUR ILLEGAL OR IMPROPER USES OF THE SERVICES FROM ANY THIRD PARTY. YOUR OBLIGATIONS UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS TERMS.
13. MISCELLANEOUS
This Terms is part of "Wondershare Software END USER LICENSE AGREEMENT". By using the Services, you are agreeing to be bound by this Terms, together with all the terms and conditions of "Wondershare Software END USER LICENSE AGREEMENT" .If there is any conflict between this Terms and the "Wondershare Software END USER LICENSE AGREEMENT", this Terms shall prevail.
To the maximum extent permitted by law, the final interpretation is left to our discretion.