End User License Agreement

IMPORTANT: Please carefully read this End User License Agreement ("Agreement") before using this software or any future update to this software. By using this software or any future update to this software, you are agreeing to be bound to terms of this Agreement. If you do not agree to any term of this Agreement, please do not use this software or any future update to this software. 

1.1 Definitions 
The "Software" means the computer program and documentation accompanying this software, provided by the Hytera Communications Co., Ltd. ("Hytera"), including but not limited to: i) source codes, executable codes, interfaces; ii) relevant explanatory materials or files; iii) software updates and patches; and iv) data and database. The "use" or "using" of this Software means to access, download, install, copy or otherwise benefit from using this Software. 

1.2 Intellectual Property Rights
"Hytera" and "HYT" are the trademark or registered trademark of Hytera in PRC and/or other countries or areas. Hytera retains the ownership of its trademarks and product names. All other trademarks and/or product names that may be used in this software are properties of their respective owners. Hytera reserves all rights not expressly granted to you. The Software is protected by intellectual property laws, including but not limited to copyright laws, and other applicable laws. Hytera retains the copyright, property rights and other intellectual property rights of this Software. For the avoidance of doubt, this Software is licensed to you for your use only, not for sale. 

1.3 Software License 
If you do not pay for the licensing fee or any other fees, Hytera is entitled to terminate this Agreement and refuse to provide any products or services in relations to this Software. If you breach any material term of this Agreement, your right and license to use this Software under this Agreement will be automatically terminated. You are granted to use this Software upon a valid license and agreement to the terms of this Agreement. This Software shall only be used in conjunction with Hytera products and services and in the method that is expressly authorized by Hytera. Any use of the Software not for Hytera products and services, or beyond authorized method or scope is strictly prohibited.
 
1.4 Restrictions on Use 
No modification: You shall not and you agree not to, or to enable others to, modify, translate or adapt this Software except to the extent you may be expressly permitted. 
No use in non-design purposes: You shall not and you agree not to, or to enable others to, install or use this Software for any non-design purposes. 
No reverse-engineering: You shall not and you agree not to, or to enable others to, reverse-engineer or de-compile the source codes of this Software, or discover the source code of this Software in other approaches.  
No distribution or transfer: You shall not and you agree not to, or to enable others to, distribute, lease, rent, sublicense or assign any rights of this Software, or copy this Software.. 

1.5 Governing Law 
This Agreement shall be governed by and construed in accordance with laws in PRC. Any dispute or claim arising under or relating to this Agreement shall be brought exclusively in the court of PRC. In case of infringement of Hytera¡¯s intellectual property rights, Hytera shall take appropriate legal actions and seek appropriate legal remedies in any competent court without restriction against the infringing party. 

1.6 Limitation of Liability 
THIS SOFTWARE IS PROVIDED "AS IS", HYTERA DOES NOT WARRANT THE SOFTWARE CAN OR CAN NOT FULLY MEET YOUR REQUIREMENTS. USER MANUAL, HELP FILES, INTRODUCTORY MANUAL AND SOFTWARE DOCUMENTATION ARE FOR YOUR REFERENCE ONLY AND SHALL NOT BE CONSTRUED AS ANY COMMITMENTS MADE BY HYTERA.
To the maximum extent permitted by applicable law, Hytera and its suppliers shall be held harmless from any and all damages, arising out of use of or incapability of using the Software, including but not limited to profit loss, business interruption, confidentiality disclosure, data/code damage and program error, even though Hytera has been advised of such possible damages in advance. 
The foregoing limitations and exclusions apply to the extent permitted by applicable laws in your jurisdiction. Some jurisdictions do not allow the limitation of liability. In such case, claims shall not be waived in accordance with consumer protection laws or other applicable laws.  

1.7 Amendment 
If any provision of this Agreement is held invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the reminder of the terms of this Agreement. This Agreement may not be amended or supplemented without prior authorization of Hytera. 

1.8 Termination 
This Agreement is effective until terminated. Your rights hereunder will terminate automatically without notice from Hytera if you fail to comply with any term of this Agreement. Upon termination of this Agreement, you shall immediately cease all use of the Software and destroy all copies, full or partial, of this Software.

1.9 Miscellaneous 
This Agreement shall not prejudice the legal rights of any party dealing as a consumer. As a legal agreement between you and Hytera, this Agreement shall supersede any and all prior representations, discussions, commitments, communications or publicity with regard to this Software. 
If you may have any question regarding this Agreement or may encounter any problem, please contact us by visiting the website at: http://www.hytera.com. 

