Deepin Software (Commercial Edition) End User License Agreement

Updated date: June 07, 2019

Please read all rights and limitations stated in this End User License Agreement ("EULA") carefully before using Deepin Software (Commercial Edition) ("software"). This EULA is a legal agreement between you (natural person, legal person or other organizations) and Wuhan Deepin Technology Co., Ltd. (“Deepin Technology”), as well as its affiliates. By installing, copying and/or otherwise using the software, you signify your assent to and acceptance of the EULA, and acknowledge that you have read and understood all the terms of the EULA. If you represent an entity, by installing, copying and/or otherwise using the software, you are deemed to accept these terms on behalf of the entity. If you DO NOT agree any term of this agreement, please do not install, download or use this software and its relevant services by any other means. The EULA does not involve software maintenance, upgrades, or support services provided by Deepin Technology. Please review carefully your Service or Subscription Agreement(s) that you may have with Deepin Technology or its authorized distributors regarding services and associated payments.
Unless being replaced by a new version, the EULA applies to any commercial edition of deepin software and its related updates, and any usage of the source code, regardless the way how the software is delivered.
Even if you have read and accepted all the terms in the EULA, you still need to be authorized to have the right to install, copy and/or use the software by any means through one of the methods shown below: (1) Obtain the license from Deepin Technology directly; (2) Obtain the license from Deepin Technology through the authorized distributors; (3) Obtain the license from an authorized third party which is eligible to distribute the license. To avoid ambiguity, except Deepin Software (Commercial Edition), other editions, such as Community Edition or Free Edition, do not apply to the terms of this EULA, even if the software is acquired from the official releases of Deepin Technology, and you shall not be deemed to have obtained the relevant authorization from Deepin Technology under this agreement.
Besides these terms in the EULA, you should also comply with all conditions and terms in other agreements (if any) signed with Deepin Technology and authorization documents (if any) issued by Deepin Technology, that prove your rights to use this software.
The software is only licensed to users who comply with the terms of this EULA. Compared with their previous version in any components of the software, any part of the source code and object code that are created or modified by Deepin Technology, attached with the copyright declaration of Deepin Technology, are owned by Deepin Technology. For all purposes of this EULA, using the software includes downloading, installing, copying, redistributing or running a function in other ways.
1.License Authorization. Subject to the following terms, Deepin Technology grants to you a perpetual, worldwide, and non-exclusive license to the software pursuant to this EULA and “GNU General Public License” (Version 3). The software may contain the components compiled by third-party developers in accordance with the corresponding open source licenses. Each software component is under a license located in its source code, which should be conformed to when using it. Pertaining solely to the software, this EULA does not limit your rights under the license terms applicable to any particular component, nor grant you the right to supersede any term of such license.
2.Intellectual Property Rights. The program owned by Deepin Technology in the software is protected under Copyright Law and other applicable laws. (1) You shall not remove any copyright mark from the software, meanwhile you shall make the copyright mark exactly as is on all the copies of the software to duly announce the copyright of Deepin Technology and/or other licensors. (2) Deepin Technology owns the copyright and other intellectual property rights of the software (including but not limited to any image, picture, flash, video, record, music, word and additional program, color, user interface-design, structure), attached printing material and any copies of the software (except for trademarks and other rights owned by third parties), or Deepin Technology has the legitimate using rights. (3) The copyright of the software and printing documents are protected under the Copyright Law, Patent Law, Trademark Law, Anti-injustice Competition Law of PRC and international laws and treaties. (4) You shall not remove or destroy any copyright mark regarding the software. You guarantee that you shall also copy this copyright declaration in all copies of the software (whether in whole or part). (5) You agree to prevent any pirates of the software and the printing documents. (6) You shall not copy the printing material attached to the software.
3.Redistribution. Deepin Technology and its affiliates have legal trademark rights to “deepin” trademarks and logos. You are not permitted to use deepin trademarks without authorization, including using the trademarks for redistribution (including but not limited to software sales, pre-installation, bundling, etc.) of the software or its components, whether they have been modified or not. You may redistribute only if: (1) Commercial redistribution is allowed in the written agreement with Deepin Technology, and (2) You have retained the copyright mark and copyright declaration of the software in accordance with section 2 above, in the meantime, you have removed and replaced all trademarks of Deepin Technology. You should be aware that modification may damage the software and it may not function properly.
4.Specification. The use of this software is subject to the laws and this EULA. You are not entitled to perform, including but not limited to, the following activities by using the software:
1)to publish, deliver, transmit or store any content that contravenes the laws and regulations belongs to the country where the user resides, or threatens the social security, social stability, or anything that is inappropriate, insulting, defamatory, obscene, violent and against the laws, regulations and policies belongs to the country where the user resides;
2)to publish, deliver, transmit or store content that infringes others intellectual property rights or trade secrets;
3)to issue, deliver or transmit bulk advertisements or spam;
4)to publish, transmit or distribute images, pictures, software or other materials (including but not limited to copyright, trademarks, patents, trade secrets, privacy and related personality rights) that infringe on third parties, unless you have obtained the necessary and effective authorization from the right holder in advance;
5)to take any actions to threaten the security of the network, including but not limited to, use data or enter server/account without permission; enter public networks or private computer and delete, copy, amend or add stored information without permission; without permission, attempt to detect, scan or test the weakness of the Software system or the network or attempt to conduct any other activities to damage the network security system; attempt to intervene with, affect the normal operation of, the Software or the network; intentionally spread malicious programs or viruses, and take other actions to damage or intervene with the normal information service of the network; forge part or all of the titles of TCP/IP packages.
6)to use other services provided by the software and Deepin Technology in any illegal way, for any illegal purpose, or in any inconsistent way with the EULA.
If you fail to comply with the above provisions, Deepin Technology has the right, in its sole discretion, to terminate, completely or partially suspend, or limit its normal function of the software, and reserves all rights to pursue your actions.
5.Disclaimer of Warranty. Deepin Technology warrants that the media on which the software and all components are furnished will be free from defects in material and workmanship under normal use for thirty (30) days from the date of delivery. Upon a defect is verified, the sole liability of Deepin Technology is to replace the software media as the compensation, provided that you return the media containing the software and all components in its original packaging. The after-sales guarantees are invalid if the defects are caused by user abuse or misuse, not by Deepin Technology. In addition to the above, no any other form of after-sales warranty is applied to the software. To the maximum extent permitted under applicable law, the software is licensed "as is" without any other assurance and warranties, whether express, implied or statutory, including, but not limited to, any implied warranties of merchantability, non-infringement or fitness for a particular purpose.
The software is designed and supplied as a general purpose product and not for the specific use of any user. No software is without errors, so you should always make a backup of your files, and solely be responsible for the risks of using the software. Deepin Technology does not take any liability for the damages and risks resulting from using or inability to use the software, including, but not limited to direct or indirect personal injuries, commercial profit loss, data loss, or any other economic loss. Deepin Technology does not take any liability for damages caused by telecommunication systems or Internet network failures, or any other force majeure reasons (including hacking attack). If user violates the provisions of the EULA and makes damages, Deepin Technology has the right to take measures including, but not limited to, suspending the license, stopping the services, restricting the use, and legal investigations.
6.Support Services. (1) Provided that Deepin Technology expressly agrees and covenants that certain software support services are available in the user manual or in other associated documents, the software support service shall be provided by Deepin Technology subject to the policies and programs described in such documents. (2) Any add-on software codes (if any) provided by Deepin Technology as a part of the support services shall be deemed to be a part of the software and be governed by the EULA. (3) You expressly assent that, Deepin Technology can use the technical information you provided (if any, such as bug feedback and suggestions) for business purpose, including but not limited to software supporting and researching. Unless necessary, Deepin Technology will not specifically mention and mark the information source when using it in support services.
7.Limited Liability. The liability of Deepin Technology, as well as the authorized distributor and any component licensor, under the EULA shall not exceed the payment amount for the media of the software in any condition. In addition, Deepin Technology is not responsible for any claims or damages arising out of or in connection with the content of the software or others related to the content provided by you or a third party.
8.Third Party Programs. Deepin Technology may distribute third party software programs with the software, which are not the necessity to run the software, provided as a convenience to you, and are subject to their own license terms. In addition, any program you install and run based on the software is considered as the third party software program. If you do not agree to abide by the applicable license terms accompanied with the third party software programs, you should not install or run such Third Party Programs. If you wish to install the third party software programs on more than one system or transfer them to another party, then you must contact the licensors of the third party software programs.
9.Right Reservation. All rights not expressly granted with the software are owned by Deepin Technology, and user must obtain written consent from Deepin Technology separately when using other rights.
10.License Termination. (1) Deepin Technology is entitled to terminate the EULA at any time, if any terms or conditions in the EULA are violated. Upon the termination, you shall destroy or return to Deepin Technology all the copies and all the associated documents of the software. (2) Provided that Deepin Technology offers you any replaced, revised or upgraded edition of the software attached with a replacement of the EULA, which stipulates that you can use the replaced, revised or upgraded edition of the software under the condition that you accept the replacement of the EULA, Deepin Technology may terminate this EULA.
11.Feedback. Where you provide feedback, data or other information (collectively referred to as information, including but not limited to any ideas, concepts or technologies, as feedback, data, questions, comments, suggestions, etc. to improve the software and software-related services), regardless of the submitting method or accompanying media, to Deepin Technology, all such information shall be deemed unrestricted and non-confidential. Moreover, you agree that Deepin Technology has a permanent, inalienable, non-exclusive right to use such information worldwide and share it with other parties (such as hardware and software suppliers), without any obligation to pay, compensate or reward you. Deepin Technology under this section shall also have the right to use, duplicate, modify, transmit and disseminate all information you submitted, create derivative works therefrom, display and implement all information you submitted and to allow third parties to conduct the foregoing actions. Unless necessary, Deepin Technology will not specifically mention and mark the information source when using it in support services.
12.Protection of personal data. We attach great importance to the security of your personal data, nor do we collect any of your personal data through the Deepin OS preinstalled. In addition to Deepin OS, some third-party software，such as Email client and web browser, are integrated and preinstalled in Deepin to improve the convenience. The third-party software contracts with you and undertakes independent responsibility for the protection of your personal data within the scope of the legal documents such as the Software License Agreement and the Privacy Policy provided by the third-party software itself. You are recommended to examine and refer to the aforementioned legal documents from the third-party software. We make our best effort to select such third-party software for the purpose of protecting your personal data, and technically guarantee the security of Deepin OS to ensure faithful fulfillment of this EULA. Users, on the other side, shall be equipped with basic network security knowledge to maintain system security. Deepin Technology is not responsible for any personal data leakage to third parties due to Trojans, viruses, hacking, etc.
13.Jurisdiction and Applicable Law. The establishment, execution, interpretation and resolution of disputes with respect to the EULA shall be governed by the laws of the P.R.C. When any dispute arises between Deepin Technology and the user due to the content or the implement of the EULA, the two parties shall resolve it through friendly negotiation; if the negotiation fails, the user hereby agrees that the dispute shall be resolved in the court located in the jurisdiction where Deepin Technology resides.
14.Interpretation and Modification. Deepin Technology has the right to interpret and modify this EULA to the maximum extent without any violation of all the applicable laws and regulations, as well as the agreements that the software complies with, including “GNU General Public License” (Version 3). It also reserves the right to modify this EULA at any time in accordance with the changes in relevant laws and regulations, as well as the company's conditions and business strategies. The modified EULA will be shown in the new version of the software for acceptance before you use it. In the event of a dispute, the latest EULA shall prevail. If you do not agree with the changes in the EULA, you can uninstall and delete the software and destroy the relevant information. If you continue to use the software, you are deemed to have accepted the modifications in the EULA.
15.This EULA is published in Simplified Chinese and English. No matter which language version you read, the Simplified Chinese version shall prevail.
16.Contact Us. If you have any questions regarding this EULA, or need any information, please contact Deepin Technology at support@deepin.com.
