[Revised: April 2017]

© 2022 Hangzhou Microimage Software Co., Ltd. with its all subsidiaries.

All rights reserved.

End User License Agreement

IMPORTANT: This End User License Agreement (EULA) is a legal agreement between you (“End-user” or “you”) and Hangzhou Microimage Software Co., Ltd. with its all subsidiaries (“Microimage ” or “we”). your authorized use of MICROIMAGE software will be only granted after and only after you agreement to be bound by the terms of this Eula. therefore, Please carefully read this EULA before installing or using the MICROIMAGE Software.

please read these terms carefully. if you do not agree with these terms, do not download, install or use MICROIMAGE software. you are agreeing to accept and abide by them by downloading, installing or using MICROIMAGE software.

1. Definition

1. Intellectual Property Right(s) means copyright, trademark, patent, know-how, trade secret, mask works, including all applications and registrations thereto, and any other similar protected rights in any jurisdiction.

2. Microimage Hardware means any hardware device that designed, produced, or manufactured by Microimage, which may be embedded MICROIMAGE Software.

3. Microimage Software means any computer program(s) that created and written by Microimage, including but not limited to firmware, client software, platform software and mobile application, which is either provided in a hard copy, or embedded in Microimage Hardware, or available to be downloaded from Microimage’s website, or in any other applicable form. For avoidance of dispute, it does not include any updates.

4. Trial Period means the period during which you may have a free but more limited license to use some or all functions of Microimage Software within a one-month period or agreed otherwise, for and only for evaluation of Microimage Software.

2. Grant of License

Subject to your compliance with the terms of this EULA, Microimage grants to you a worldwide, non-exclusive, non-transferable, limited license to use Microimage E Software, subject to this terms, Privacy Policy and other applicable rules, incorporated into this EULA. Except other stipulated expressly, no rights with respect to the Microimage Software are granted to you.

3. Limitation; Restrictions

1. Except as expressly set out in this EULA or as permitted by any local law, you agree:

1. Not to duplicate or copy Microimage Software except where such copying is incidental to normal use or where it is necessary for the purpose of back-up or operational security;

2. Not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify Microimage Software;

3. Not to make alterations to, or modifications of, the whole or any part of Microimage Software, or permit Microimage Software or any part of it to be combined with, or become incorporated in, any other programs;

4. Not to disassemble, decompile, reverse engineering or create derivative works based on the whole or any part of Microimage Software, or attempt to do any such activities, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

5. To maintain Microimage’s copyright notice on all entire and partial copies;

6. Not to provide or otherwise make available Microimage Software in whole or in part (including object and source code) in any form to any person without our prior written; and

7. To comply with all technology control or export laws and regulations if applicable.

1. As end user, you acknowledge that you have no right to:

1. Use Microimage Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into Microimage Software;

2. Infringe our intellectual property rights or those of any third party in relation to your use of Microimage Software;

3. Transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of Microimage Software;

4. Use Microimage Software in a way that could damage, disable, overburden, impair or compromise Microimage’s system or security, or interfere with other users;

5. Collect or harvest any information or data from Microimage Software; or

6. Use Microimage Software for any illegal purpose.

1. (if applicable) Provided that you are a user of Microimage Platform Software, you are required to create an account, then this provision is applicable. You represent and warrant that: (i) all required registration information you submit is truthful, accurate and complete, (ii) you will maintain the accuracy, security, and confidentiality of such information, and (iii) you will be fully responsible for any and all user logs under your account. You have no right to transfer your account to third party in any manner, which includes sharing your password with others. Microimage is not liable for any loss or damages arising from your failure to maintain the confidentiality of your account. You agree to notify Microimage immediately of any unauthorized access to or use of your account or any breach of security.

2. (if applicable) Provided that you would like to try out Microimage Software, the provision is applicable. To avoid any doubts and disputes, this provision prevails if any conflicts with other provisions in this Agreement. Except the prior written consent of Microimage, Microimage hereby grants you a non-transferable, royalty free, limited license to use some designated software functions within the trial period, for and only for internal evaluation purpose. You also acknowledge that you have no access to Microimage Software after trial period.

3. Provided that you breach this EULA, Microimage has rights to take any actions, including without limitation, interrupt or limit your use and seek for legal remedies.

3. Privacy

Provided that your use of Microimage Software access to the Internet, please also review the Privacy Policy, which describes Microimage’s practices regarding the information that Microimage may collect from you during your use. By clicking “I agree” button, you hereby consent to all actions we may take with respect to your information consistent with our Privacy Policy.

3. Intellectual Property

Except as expressly licensed to you under this EULA, Microimage reserves all right, title and interest, including without limitation, all Intellectual Property Rights, in and to Microimage Software, such as wording, picture, graph, flash, recording, picture recording, music, add-in program, additional material, data, know-how, software, source code and among others, and with its Derivative Works. You have no rights in Microimage Software and any materials other than the right to use each of them in accordance with this EULA. For avoidance of dispute, no license is granted with respect to any patents (including pending patent applications), trademarks, logo, or name of Microimage or its Affiliate(s).

3. Limited Warranty

1. Microimage warrants that Microimage Software will, when properly used and on an operating environment, for which it was designed, perform substantially in accordance with the functions as described in your version. Microimage will use our reasonable endeavors to rectify the defect or fault if any defect or fault reported by end-users. The above warranty is in addition to your legal rights in relation to the use of software.

2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE, OR ANY CONTENTS, SERVICES OR FUNCTIONS RELATED TO THE SOFTWARE, IS PROVIDED “AS IS”, WITH ALL FAULTS AND ERRORS, AND MICROIMAGE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY.

3. Microimage Software might include open source software and/or others provided by the third party, therefore you have duty to comply with all related licensing terms applicable to the said software, and Microimage has no warranty obligation.

4. You acknowledge that Microimage Software has not been developed to meet your individual requirement and that it is therefore your responsibility to ensure that the facilities and functions of Microimage Software meet your personal requirements.

5. The warranty does not apply if you breach any terms of this EULA. Microimage Software is not warranted to be compatible with all environments. Microimage is not responsible for the failure which is caused by the mixed use with other software besides Microimage Software.

7. Limitation of Liability

1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MICROIMAGE SOFTWARE IS PROVIDED FOR YOUR CONVENIENCE, “AS IS”, AND “AS AVAILABLE” WITH ALL FAULTS AND ERRORS. EXCEPT PROHIBITTED BY THE APPLICABLE LAW, IN NO EVENT WILL MICROIMAGE, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES, INCLUDING, AMONG OTHERS, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA OR DOCUMENTATION, BODY INJURIES, PRIVACY LEAKAGE AND AMONG OTHERS, IN CONNECTION WITH THE USE OF THIS SOFTWARE, EVEN IF MICROIMAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

2. YOU ARE ABLE TO SET CERTAIN FEATURES TO MEET YOUR OWN REQUIREMENTS, BUT PLEASE NOTED THAT YOU SHALL BE RESPONSIBLE THE WHOLE RISKS OF YOUR USE. TO THE MAXIMUM EXTENT UNDER THE APPLIABLE LAW, MICROIMAGE SHALL NOT UNDERTAKE ANY LOSSES CAUSED BY YOUR USE OR NON-USE.

3. YOUR USE OF ANY SOFTWARE THAT CAN BE CONNECTED TO THE INTERNET OR OTHER ELECTRONIC NETWORK SHALL BE WHOLLY AT YOUR OWN RISK. AS NOTED, MICROIMAGE DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES WITH RESPECT TO SUCH SOFTWARE. MICROIMAGE WILL NOT BE RESPONSIBLE FOR ABNORMAL OPERATION, LOSS OF PRIVACY, OR OTHER DAMAGES THAT MAY RESULT FROM CONNECTING THE SOFTWARE TO THE INTERNET OR OTHER ELECTRONIC NETWORK, INCLUDING BUT NOT LIMITED TO DAMAGES FROM MALWARE, VIRUSES, COMPUTER INTRUSIONS, DATA BREACH OR CYBER ATTACK, OR ANY OTHER SECURITY RISK. MICROIMAGE WILL, HOWEVER, PROVIDE TECHNICAL SUPPORT IF REQUIRED.

4. YOU MAY NEED THIRD PARY SERVICE FOR THE PERFORMANCE OF THIS SOFTWARE. MICROIMAGE MAKE NO WARRANTY, INCLUDING WITHOUT LIMITATION, THE SAFETY, ACCURACY AND VALIDITY. THEREFORE, MICROIMAGE IS NOT RESPONSIBLE FOR THE ABOVE PROBLEMS, BUT WILL PROVIDE TIMELY TECHNICAL SUPPORT IF REQUIRED.

5. MICROIMAGE MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH MICROIMAGE SOFTWARE, AND MICROIMAGE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH MICROIMAGE SOFTWARE.

6. SURVEILLANCE, DATA PROTECTION, AND PRIVACY LAWS VARY BY JURISDICTION AND MAY IMPOSE CERTAIN RESPONSIBILITIES ON YOUR USE OF MICROIMAGE SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT YOU (AND NOT MICROIMAGE) WILL BE RESPONSIBLE FOR ENSURING THAT YOU COMPLY WITH APPLICABLE LAWS WHERE YOU LIVE AND THAT MICROIMAGE SHALL NOT BE LIABLE IN THE EVENT THAT MICROIMAGE SOFTWARE IS USED FOR ILLEGAL PURPOSES, INCLUDING, WITHOUT LIMITATION: FAILURE TO COMPLY WITH NOTICE AND CONSENT LAWS; INFRINGEMENT OF THIRD PARTY RIGHTS; USE IN CONNECTION WITH MEDICAL TREATMENT, OR OTHER SITUATIONS WHERE MICROIMAGE SOFTWARE FAILURE COULD LEAD TO DEATH OR PERSONAL INJURY.

7. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MICROIMAGE’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO MICROIMAGE SOFTWARE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EXCEED THE FEES ACTUALLY PAID BY YOU TO MICROIMAGE OR MICROIMAGE’S AUTHORIZED RESELLER FOR MICROIMAGE SOFTWARE IN THE PRIOR 6 MONTHS (IF ANY) IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. MICROIMAGE DISCLAIMS ALL LIABILITY OF ANY KIND OF MICROIMAGE’S LICENSORS AND SUPPLIERS.

7. Termination

Microimage may terminate this EULA immediately with written notice if you violate any term or condition of this EULA. Upon termination of this EULA, i) all rights granted to you under this EULA shall cease immediately; ii) you shall immediately cease all activities authorized under this EULA, including without limitation, the use of any and all Microimage Software, and delete or return to Microimage all Microimage Software of any copies thereof and related materials and certify to Microimage that you have done so. The provisions of this paragraph of this EULA and any other material provisions of this EULA shall survive any termination of this EULA.

7. Notice

If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, please send us an email at support@hikmicrotech.com. We will confirm receipt of said email by contacting you by email.

7. Miscellaneous

   1. Should any part or provision of this EULA be held unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining parts or provisions shall not be affected by such holding.

   2. A waiver of any breach of any provision of this EULA shall not be construed as a continuing waiver of other breaches of the same or other provisions of this EULA.

   3. Microimage reserves the right to make changes to this EULA over time and the new version will be displayed at www.hikmicrotech.com. Continued use of Microimage Software following new version released will indicate your acknowledge and agreement to be bound by the revised terms. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

   4. This EULA constitutes the entire agreement and understanding between the parties and supersedes all prior agreements and understandings with respect to the subject matter of this EULA whether written or oral, including any and all purchase orders to the extent that they are inconsistent with this agreement. No modification or claimed waiver of any of the provisions hereof shall be valid unless in writing and signed by authorized representatives of the party against whom such modification or waiver is sought to be enforced.

   5. The validity and interpretation of this EULA shall be governed by the laws of P.R. China. Each Party hereby irrevocably submits to the non-exclusive jurisdiction of the courts in Hangzhou, China.