HeyChina
END
USER LICENSE AGREEMENT
Last
updated April
01, 2022
HeyChina - Learn chinese is licensed to You (End-User) by EUP Technology JSC,
located and
registered at 802, 315 Truong Chinh, Khuong
Mai, Thanh Xuan, Ha
Noi 100000, Vietnam ("Licensor"),
for use only under the terms of this License
Agreement. Our
VAT number is 0107482236.
By
downloading the Licensed Application from Apple's software distribution platform
("App
Store") and Google's software distribution platform ("Play Store"),
and
any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound
by
all of the terms and conditions of this License Agreement, and that You accept this License
Agreement. App Store and Play Store are referred to in this License Agreement as
“Services.”
The
parties of this License Agreement acknowledge that the Services are not a Party to this License
Agreement and are not bound by any provisions or obligations with regard to the Licensed
Application,
such as warranty, liability, maintenance and support thereof. EUP Technology JSC, not the
Services,
is solely responsible for the Licensed Application and the content thereof.
This
License Agreement may not provide for usage rules for the Licensed Application that are in
conflict
with the latest Apple
Media Services Terms and
Conditions and Google
Play Terms of
Service ("Usage
Rules"). EUP
Technology JSC acknowledges that it had the opportunity to review the Usage Rules and this
License Agreement is not conflicting with them.
HeyChina: Learn chinese when
purchased or downloaded through the Services, is licensed to You for use only under the terms of
this License Agreement. The Licensor reserves all rights not expressly granted to
You. HeyChina - Learn chinese is to be used on devices that operate with Apple's operating
systems ("iOS" and "Mac OS") or Google's operating system
("Android").
TABLE
OF CONTENTS
1. THE
APPLICATION
HeyChina - Learn chinese ("Licensed
Application") is a piece of software created to Help user learn japanese by
dictionary, translate and many tool for support to learn japanese — and customized
for iOS and Android mobile devices ("Devices").
It is used to - Search and view content dictionary - Translate Japanese - Learn Japanese by
flashcard - Join community to learn japanese with friend in global.
The
Licensed Application is not tailored to comply with industry-specific regulations (Health Insurance
Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA),
etc.),
so if your interactions would be subjected to such laws, you may not use this Licensed Application.
You
may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act
(GLBA).
2.
SCOPE OF LICENSE
2.1
You are given a non-transferable, non-exclusive, non-sublicensable license to
install and use the Licensed Application on any Devices that You (End-User) own or
control and as permitted by the Usage Rules, with the exception that such Licensed
Application may be accessed and used by other accounts associated with You
(End-User,
The Purchaser) via Family Sharing or volume
purchasing.
2.2
This license will also govern any updates of the Licensed Application provided
by
Licensor that replace, repair, and/or supplement the first Licensed Application,
unless
a separate license is provided for such update, in which case the terms of that new
license will govern.
2.3
You may not share or make the Licensed Application available to third parties
(unless
to the degree allowed by the Usage Rules, and with EUP Technology JSC's prior
written consent), sell, rent, lend, lease or otherwise redistribute the Licensed
Application.
2.4
You may not reverse engineer, translate, disassemble, integrate, decompile,
remove, modify, combine, create derivative works or updates of, adapt, or attempt to
derive the source code of the Licensed Application, or any part thereof (except
with EUP Technology JSC's prior written
consent).
2.5
You may not copy (excluding when expressly authorized by this license and the
Usage Rules) or alter the Licensed Application or portions thereof. You may create
and
store copies only on devices that You own or control for backup keeping under the
terms
of this license, the Usage Rules, and any other terms and conditions that apply to
the
device or software used. You may not remove any intellectual property notices. You
acknowledge that no unauthorized third parties may gain access to these copies at
any
time. If you sell your Devices to a third party, you must remove the Licensed
Application from the Devices before doing so.
2.6
Violations of the obligations mentioned above, as well as the attempt of such
infringement, may be subject to prosecution and
damages.
2.7
Licensor reserves the right to modify the terms and conditions of
licensing.
2.8
Nothing in this license should be interpreted to restrict third-party terms.
When
using the Licensed Application, You must ensure that You comply with applicable
third-party terms and conditions.
3.
TECHNICAL
REQUIREMENTS
4.
MAINTENANCE AND
SUPPORT
4.1
The Licensor is solely responsible for providing any maintenance and support services for this
Licensed Application. You can reach the Licensor at the email address listed in the App
Store or Play Store Overview for this Licensed Application.
4.2 EUP
Technology JSC and
the End-User acknowledge that the Services have no obligation whatsoever to furnish
any
maintenance and support services with respect to the Licensed
Application.
5.
USER-GENERATED
CONTRIBUTIONS
The
Licensed Application may invite you to chat, contribute to, or participate in blogs,
message boards, online forums, and other functionality, and may provide you with the
opportunity to create, submit, post, display, transmit, perform, publish,
distribute, or
broadcast content and materials to us or in the Licensed Application, including but
not
limited to text, writings, video, audio, photographs, graphics, comments,
suggestions,
or personal information or other material (collectively, "Contributions").
Contributions may be viewable by other users of the Licensed Application and through
third-party websites or applications. As such, any Contributions you transmit may be
treated as non-confidential and non-proprietary. When you create or make available
any
Contributions, you thereby represent and warrant
that:
5.1.
The creation, distribution, transmission, public display, or performance, and the accessing,
downloading, or copying of your Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any
third party.
5.2.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and
permissions to use and to authorize us, the Licensed Application, and other users of the Licensed
Application to use your Contributions in any manner contemplated by the Licensed Application and
this
License Agreement.
5.3.
You have the written consent, release, and/or permission of each and every identifiable individual
person in your Contributions to use the name or likeness or each and every such identifiable
individual
person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed
Application and this License Agreement.
5.4.
Your Contributions are not false, inaccurate, or misleading.
5.5.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid
schemes, chain letters, spam, mass mailings, or other forms of solicitation.
5.6.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous,
slanderous,
or otherwise objectionable (as determined by us).
5.7.
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
5.8.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other
person and to promote violence against a specific person or class of people.
5.9.
Your Contributions do not violate any applicable law, regulation, or rule.
5.10.
Your Contributions do not violate the privacy or publicity rights of any third party.
5.11.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise
intended
to protect the health or well-being of minors.
5.12.
Your Contributions do not include any offensive comments that are connected to race, national
origin,
gender, sexual preference, or physical handicap.
5.13.
Your Contributions do not otherwise violate, or link to material that violates, any provision of
this
License Agreement, or any applicable law or regulation.
Any
use of the Licensed Application in violation of the foregoing violates this License Agreement and
may
result in, among other things, termination or suspension of your rights to use the Licensed
Application.
6.
CONTRIBUTION
LICENSE
By
posting your Contributions to any part of the Licensed Application or making Contributions
accessible to
the Licensed Application by linking your account from the Licensed Application to any of your social
networking accounts, you automatically grant, and you represent and warrant that you have the right
to
grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell,
resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate,
transmit, excerpt (in whole or in part), and distribute such Contributions (including, without
limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to
prepare
derivative works of, or incorporate in other works, such as Contributions, and grant and authorize
sublicenses of the foregoing. The use and distribution may occur in any media formats and through
any
media channels.
This
license will apply to any form, media, or technology now known or hereafter developed, and includes
our
use of your name, company name, and franchise name, as applicable, and any of the trademarks,
service
marks, trade names, logos, and personal and commercial images you provide. You waive all moral
rights in
your Contributions, and you warrant that moral rights have not otherwise been asserted in your
Contributions.
We
do not assert any ownership over your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations in your Contributions
provided by
you in any area in the Licensed Application. You are solely responsible for your Contributions to
the
Licensed Application and you expressly agree to exonerate us from any and all responsibility and to
refrain from any legal action against us regarding your Contributions.
We
have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any
Contributions; (2) to recategorize any Contributions to place them in more appropriate locations in
the
Licensed Application; and (3) to prescreen or delete any Contributions at any time and for any
reason,
without notice. We have no obligation to monitor your Contributions.
7.
LIABILITY
7.1
Licensor takes no accountability or responsibility for any damages caused due
to a
breach of duties according to Section 2 of this License Agreement. To avoid data
loss,
You are required to make use of backup functions of the Licensed Application to the
extent allowed by applicable third-party terms and conditions of use. You are aware
that
in case of alterations or manipulations of the Licensed Application, You will not
have
access to the Licensed Application.
8.
WARRANTY
8.1
Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or
any
other malware at the time of Your download. Licensor warrants that the Licensed Application works as
described in the user documentation.
8.2
No warranty is provided for the Licensed Application that is not executable on the
device,
that has been unauthorizedly modified, handled inappropriately or culpably, combined or
installed with inappropriate hardware or software, used with inappropriate accessories,
regardless if by Yourself or by third parties, or if there are any other reasons outside
of EUP Technology JSC's sphere of influence that affect the executability of the
Licensed Application.
8.3
You are required to inspect the Licensed Application immediately after installing it
and
notify EUP Technology JSC about issues discovered without delay by email provided
in
Product
Claims.
The defect report will be taken into consideration and further investigated if it has been
emailed within a period of __________ days after
discovery.
8.4
If we confirm that the Licensed Application is defective, EUP Technology
JSC reserves a choice to remedy the situation either by means of solving the defect or
substitute delivery.
8.5 In
the event of any failure of the Licensed Application to conform to any applicable warranty, You may
notify
the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To
the
maximum extent permitted by applicable law, the Services Store Operator will have no other warranty
obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages,
liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.
8.6
If the user is an entrepreneur, any claim based on faults expires after a statutory
period
of limitation amounting to twelve (12) months after the Licensed Application was made available to the
user.
The statutory periods of limitation given by law apply for users who are consumers.
9.
PRODUCT
CLAIMS
EUP
Technology JSC and
the End-User acknowledge
that EUP Technology JSC, and not the Services, is responsible for addressing any claims of the
End-User
or any third party relating to the Licensed Application or the End-User’s possession and/or use of
that Licensed Application, including, but not limited to:
(i)
product liability claims;
(ii)
any claim that the Licensed Application fails to conform to any applicable legal or regulatory
requirement;
and
(iii)
claims arising under consumer protection, privacy, or similar legislation,
including in connection with Your Licensed Application’s use of the HealthKit and
HomeKit.
10.
LEGAL
COMPLIANCE
You
represent and warrant that You are not located in a country that is subject to a US Government embargo,
or
that has been designated by the US Government as a "terrorist supporting" country; and that
You
are not listed on any US Government list of prohibited or restricted parties.
11.
CONTACT
INFORMATION
For
general inquiries, complaints, questions or claims concerning the Licensed Application, please
contact:
+84 976 697 847
802,
315 Truong Chinh
Khuong
Mai, Thanh Xuan, Ha Noi 100000
Vietnam
12.
TERMINATION
The
license is valid until terminated by EUP Technology JSC or by You. Your rights under this
license
will terminate automatically and without notice from EUP Technology JSC if You fail to adhere
to
any term(s) of this license. Upon License termination, You shall stop all use of the Licensed
Application,
and destroy all copies, full or partial, of the Licensed Application.
13.
THIRD-PARTY
TERMS OF
AGREEMENTS
AND
BENEFICIARY
EUP
Technology JSC represents and warrants that EUP Technology JSC will comply with
applicable
third-party terms of agreement when using Licensed Application.
In
Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User
License
Agreement," both Apple and Google and their subsidiaries shall be third-party
beneficiaries
of this End User License Agreement and — upon Your acceptance of the terms and conditions of this
License Agreement, both Apple and Google will have the right (and will be deemed to have
accepted
the right) to enforce this End User License Agreement against You as a third-party beneficiary
thereof.
14.
INTELLECTUAL
PROPERTY
RIGHTS
EUP
Technology JSC and the End-User acknowledge that, in the event of any third-party claim that the
Licensed Application or the End-User's possession and use of that Licensed Application infringes on
the
third party's intellectual property rights, EUP Technology JSC, and not the Services, will be
solely responsible for the investigation, defense, settlement, and discharge or any such intellectual
property infringement claims.
15.
APPLICABLE
LAW
This
License Agreement is governed by the laws of Vietnam excluding its conflicts of law
rules.
16.
MISCELLANEOUS
16.1 If
any of the terms of this agreement should be or become invalid, the validity of the remaining
provisions
shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will
achieve the primary purpose.
16.2 Collateral
agreements, changes and amendments are only valid if laid down in writing. The preceding clause can
only
be waived in writing.