1. General Rules
1.1 Software under this Agreement refers to: (1) the software componentes provided to you with a Huawei product, including but not limited to the codes as well as other embedded software, documents, interfaces, contents, fonts and any data stored on it that is protected by copyright held by Huawei or its licensor; (2) updates or upgrades to the ones mentioned in (1).The Software excludes the Open Source Software Components in Section 1.2.
1.2. Huawei product or its updates or upgrades may also include software components that are protected by copyrights held by third parties, who licensed these software components under open source software licenses ("Open Source Software Components"). Such Open Source Software Components are identified as such through specific license information provided within the device also indicating the Open Source Software license applicable for the respective component. Therefore the terms and conditions of open source software licenses shall be applied when you are using these Open Source Software Components. This Agreement does not alter any rights and obligations you may have under such open source software licenses. If any conflicts between the license conditions mentioned in this Agreement and the contents of open source software licenses with respect to any Open Source Software Components, the open source software licenses will prevail.
1.3 Software under this Agreement shall be bound by it, whether it is stored in a read-only memory or any other media or form or it is from an online download location authorized by Huawei, unless otherwise agreed upon.
2. End User Software License
You are licensed to use this Software (as defined in Section 1.1) on a single Huawei product or computer in a limited, non-exclusive way rather than selling it, on condition that you obey the terms and conditions of this Agreement.
3. Use Limitation
3.1 You may not use Huawei technologies or Huawei intellectual properties (IPs) to design, develop, manufacture, sell, or license third-party devices/accessories associated with Huawei products and/or Software or develop application software, unless otherwise agreed upon.
3.2 You may make a Software copy on a computer hard disk drive or other storage media for the purpose of archiving. Nonetheless, you may not distribute or provide the Software through networks so that it is available to multiple devices or computers at the same time.
3.3 You may not sell, rent, lease, lend, sublicense or distribute the entirety or part of the Software to any third party without a prior written permission from Huawei. Nonetheless, you may make a one-time permanent transfer to another party the entire license to the Software along with the transfer of ownership of your Huawei product, provided that: (1) the transfer must include your Huawei product and all the Huawei Software; (2) you do not retain all or part of the Software copies; (3) the party that receives the Huawei product and Software has read and accepted all the terms and conditions of this Agreement.
3.4 Except as expressly permitted, you may not and agree not to, or to enable any other person to, copy, reverse engineer, decompile, disassemble or create derivative works of the Software.
3.5 While using the Software for storage or copying, you need to be authorized by relevant right holders in particular countries or regions. Huawei Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce.
3.6 You agree that you shall only use the Software in compliance with all applicable laws and regulations of the countries or regions in which you reside or use the Software.
4. Right Reservation
Huawei and its licensors are the right holders of the Software and reserve any other right that is not explicitly granted to you by this Agreement.
5. Termination and Ongoing Effectiveness
5.1 This Agreement is effective from the first date you install the Software. You may terminate this Agreement at any time by permanently deleting, destroying and returning, at your own costs, the Software, all backup copies and all related materials provided by Huawei. Huawei or its licensors may terminate this Agreement at any time without notice if you fail to comply with any terms or conditions of this Agreement. Once it is terminated, you MUST stop using this Software and delete all the Software and associated materials already copied and/or installed on your Huawei product or computer immediately.
5.2 Articles 6, 7, 8, 9, 11and 12 remain effective after this Agreement is terminated.
6. Disclaimer of Warranties
6.1 YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NEITHER HUAWEI, ITS LICENSORS OR AFFILIATES NOR THE COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THERE IS NO WARRANTY BY HUAWEI OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM IT.
6.2 INSTALLING THIS SOFTWARE MAY AFFECT THE AVAILABILITY OF THIRD-PARTY SOFTWARE, APPLICATION PROGRAMS, OR SERVICES. THERE IS NO WARRANTY BY HUAWEI THAT THIS SOFTWARE CONTAINS FUNCTIONS OR SERVICES THAT IT WILL PROVIDE CONTINUOUS, PERMANENT SERVICES OR THAT THIS SOFTWARE WILL BE COMPATIBLE WITH ANY THIRD-PARTY SOFTWARE OR SERVICES.
6.3 YOU FURTHER ACKNOWLEGE THAT THE HUAWEI SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA, OR INFORMATION PROVIDED BY THE HUAWEI SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING BUT NOT LIMITED TO THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.
7. Limitation of Liability
7.1 HUAWEI WILL NOT TAKE ANY RESPONSIBILITY FOR SOFTWARE USE PROBLEMS CAUSED BY ABUSE, MISUSE, OR UNAUTHORIZED MODIFICATION.
7.2 TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL HUAWEI, ITS EMPLOYEES OR LICENSORS OR AFFILIATES BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF HUAWEI OR ITS LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
7.3 IN NO EVENT SHALL HUAWEI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING DEATH OR PERSONAL INJURY RESULTING FROM HUAWEI'S NEGLIGENCE) EXCEED THE AMOUNT YOU PAID FOR HUAWEI PRODUCT.
8. Technical Support
Huawei has no obligation to provide you with any technical support service for the Software under this Agreement.
9. Export Control
You may not use or otherwise export or reexport the Huawei Software except as authorized by United States law and the laws of the jurisdiction(s) in which the Huawei Software was obtained.
Any and all the notices and correspondence shall be made in written forms through registered mails or those with receipts.
11. Dispute Settlement and Governing Laws
11.1 This Agreement is governed by and construed in accordance with the laws of the People's Republic of China.
11.2 Any and all disputes arising from or in connection with this Agreement shall first be settled through friendly negotiations between the parties hereto. Otherwise, they shall be submitted to Shenzhen Arbitration Commission for arbitration which shall be conducted in accordance with the Commission's arbitration rules in effect at the time of applying for arbitration. The arbitral awards are final and binding upon both parties.
This Agreement and its annexes constitute the entire agreement between you and Huawei and govern your use of the Software, superseding any prior agreements between you and Huawei for the use of the Software. You also may be subject to additional terms and conditions that may apply when you use or purchases open source software, third party content, or certain other Huawei service.