- End User License Agreement -

This End User License Agreement ("Agreement") is a legal agreement between you and Shanghai ChuLe (TouchPal) Information Technology Co., Ltd. ("TouchPal") governing your use of the TouchPal Keyboard and any data, Products (as defined below), Services (as defined below) and associated materials or media supplied with it, including any revisions, updates and/or modifications to it (the “Software”).

BY PROCEEDING TO INSTALL AND USE THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE WITH THE TERMS OF THIS LICENSE, DO NOT CONTINUE TO DOWNLOAD AND USE THE SOFTWARE.

1. Limited License

TouchPal hereby grants you a limited, revocable, non-transferable, non-exclusive license to use the Software, the Products and/or the Services solely for your own individual, personal, non-commercial use. You agree not to resell or make any commercial use of the Software, the Products and/or the Services.

2.Prohibited Uses

Except as permitted by Clause 1, you may not:

2.1. Use, copy, modify, transmit, adapt, vary or create derivative works based on the Software, the Products and/or the Services in whole or part.

2.2 Rent, lease, sub-license, display, perform, distribute, broadcast, sublicense, assign, sell or otherwise transfer or make available the Software, the Products and/or the Services, or any portions thereof, to any third party or allow any such item (or the Documentation relating thereto) to be accessed by or copied onto another person's device.

2.3 Translate, reverse engineer, decompile, or disassemble the Software, the Products and/or the Services; or use any access software system to search the data in the Software, the Products and/or the Services other than the Software, the Products and/or the Services provided under this Agreement.

2.4 Remove any proprietary notices or labels or any copyright management information (CMI) contained on, around or in the Software, the Products and/or the Services.

2.5 Bypass, modify, defeat or circumvent the security technology used to deliver or protect the Software, the Products and/or the Services or the CMI associated with any Software, Products and/or Services.

2.6 Use the Software, the Products and/or the Software in an unlawful or infringing manner.

3.Your Responsibilities

You agree to comply with all applicable laws, rules and regulations. Should you use the Software, the Products and/or the Services to break any applicable law, rule, regulation or this Agreement, your right to use the Software, the Products, and the Services shall terminate immediately and without notice, and TouchPal and its licensors and third party providers (collectively “Licensors”) are not liable for any damage or loss resulting from such termination.

4.Value-added Services and Products

4.1 In order to offer you more tailored services, TouchPal and/or its Licensors may provide you with a variety of value-added services (“Services”) or products (the “Products”), free and paid. The Products and Services offered by TouchPal shall change from time to time in TouchPal’s discretion. TouchPal may change the charges payable for the purchase of such Products or Services at any time without any notice to you. You can choose whether or not to accept the new charges prior to completing your next purchase of the applicable Product. The new charges will apply to your next purchase after the new charges have been published.

4.2 You can use your Google Play account or create a TouchPal Keyboard user account (“User Account”) to purchase and use the Services or Products provided. TouchPal owns the TouchPal Keyboard account and enjoys the right of ownership. You shall obtain the right to use the account after completing the registration process. The right to use the account only belongs to the initial legal registrant. Paid or unpaid transfer, succession and sale of the User Account are prohibited. You are solely responsible and liable for all activities conducted through your User Account.

5.No Warranty

5.1 To the maximum extent permitted by law, you acknowledge and agree that the Software and any Software features included therein, the Products and/or the Services are provided to you on an “as is” basis and all faults, without any warranty of any kind. You acknowledge that the Software, the Products and/or the Services have not been developed to meet your individual requirements. It is your responsibility to provide and maintain all equipment and internet service necessary to use the Software, the Products and/or the Services.

5.2 TouchPal and its Licensor(s), if any, expressly disclaim all warranties, whether express or implied, including but not limited to the implied warranties of merchantability, of fitness for a particular purpose, or of non-infringement. To the maximum extent permitted by law, TouchPal and its Licensor(s) make no warranty that the Software, the Products and/or the Services will be provided in an uninterrupted, always effective, timely, secure, accurate or error free manner.

5.3 TouchPal and its Licensors will not be liable in any way for any costs or expenses, loss of profits, business contracts, revenues or expected savings or any special indirect or consequential damage whatsoever arising out of any provision or use of the Software, the Products and/or the Services. In no event will the liability of TouchPal and its Licensors hereunder ever exceed the amount paid for the applicable Software, Product or Service giving rise to the liability in the three (3) month period immediately preceding the date when the cause of action giving rise to the liability occurred.

5.4 The Licensors may provide Products or Services through the Software, including but not limited to games, applications, expressions, images. TouchPal is not liable for such Products or Services. The Products or Services may be subject to additional terms of use and privacy policy of the applicable Licensor that you may have to accept upon download or installation. You should review such terms before making any purchase or using any third party Product or Service and TouchPal shall not be responsible for your failure to do so. Unless otherwise provided in the additional terms of use and privacy policy, the Terms of Use and Privacy Policy of TouchPal specifically apply to the Products and Services.

5.5 If you are using Software, Products or Services pre-loaded on, embedded in, combined, distributed or used with or downloaded onto other products, hardware, software applications, programs or devices (“Other Technology”), you agree and acknowledge that: (a) you may be required to (i) enter into a separate license agreement with; and/or (ii) purchase a subscription from; and/or (iii) pay a fee, to the relevant third party owner or licensor for the use of such Other Technology; (b) some Products and/or functionality may not be accessible through the Other Technology and (c) TouchPal cannot guarantee that the Software shall always be available on or in connection with such Other Technology.

6. Privacy Statement

6.1 TouchPal, as a company that acts responsibly, works hard to make sure that any innovation is balanced with the appropriate level of privacy and security for our users. Our Privacy Principle helps guide decisions we make at our company, and we'll never sell your personal information or share it without your permission, except as described herein and in our Privacy Policy.
6.2 In order to offer you a more tailored service; TouchPal will use or collect your usage data while you are using the TouchPal keyboard in accordance with TouchPal’s Privacy Policy. By joining the Customer Experience Improvement Plan, you are agreeing to provide us with your usage data (keyboard usage frequency, settings etc.), which shall be sent back to TouchPal securely. We will only use this information to improve TouchPal keyboard. We may share certain aggregated information about our customers with our Licensors and other third parties, but such information is combined with the information of others and will not identify you personally.

7. Intellectual Property Rights

The content and compilation of content of the Software, Products and Services, such as sounds, text, graphics, logos, icons, images, audio clips, digital downloads and software, are the intellectual property of TouchPal, its affiliates or its Licensors, if any. TouchPal and/or its Licensors retain exclusive ownership of the Software, Products and/or Services, and all intellectual property therein (whether or not registered and anywhere in the world). You acknowledge such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with TouchPal's or its Licensors', if any, ownership of or rights with respect to the Software, the Products and/or the Services. TouchPal and its Licensors reserve all rights not expressly granted to you under this Agreement.

8. General Terms

8.1 If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

8.2 If you have other question or suggestion concerning the Software, the Products, and/or the Services, or this Agreement, please contact TouchPal.

8.3 This Agreement shall be governed by, and construed in accordance with, the laws of People’s Republic of China. Any dispute, controversy or claim arising out of or in connection with this Agreement, you and TouchPal shall exert best efforts to reach an amicable resolution based upon mutual consultation. You irrevocably agree to submit such dispute, controversy or claim to the court of the place where TouchPal has its domicile.

8.4 TouchPal reserves the right to the interpretation of this Agreement.

8.5 The Licensors are intended beneficiaries of this Agreement, and you agree that such Licensors have the right to independently enforce their rights in and to the Software, Products and/or Services against you in the event that you breach your obligations under this Agreement.

 

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