Kylin HostOS End User License Agreement
This End-User License Agreement ("This Agreement") is a legal agreement between you (as an entity or person) and KylinSoft Corporation (For short "Licensor"). Apply to this agreement issued by KylinSoft Corporation develop and produce the Kylin HostOS, software products (collectively the "the Software"). Please read this agreement carefully. By purchasing, installing, downloading or otherwise using this software (including the components), you agree to the terms and conditions of this agreement; If you do not agree with these terms, you are not permitted to download, install or use the Software and you should notify the party from which you purchased the Software to obtain a refund. An individual acting on behalf of an entity represents that he or she is authorized to enter into this agreement on behalf of that entity.
 
1. DEFINITIONS
Use: means the act of downloading, installing, copying, running, displaying or otherwise using the Kylin HostOS software products.
User: means the individual, group, company or organization who uses or installs the software.
Organization: means a legal entity, excluding subsidiaries and branches that exist separately for tax or legal personality purposes. For example, a private sector organization can be a limited company, partnership, or joint venture, but does not include a subsidiary or branch of that organization that has a separate tax identification number or corporate registration number; A public sector organization can be a specific government agency or a local government public body. 
2. LICENSED USE 
The Software and each of its components are owned by Licensor or other licensors and are protected under copyright laws and other applicable laws. Subject to compliance with the terms and conditions of this Agreement, Licensor grants to You a perpetual, non-exclusive, non-transferable, worldwide license to reproduce and use copies of the Software within Your Organization (as defined above), except subject to the redistribution conditions in Section 5 of this Agreement.
3. THIRD PARTY/OPEN SOURCE
With respect to any open source code contained in the Software, nothing in this Agreement shall limit, bind or otherwise affect any corresponding rights or obligations granted to you by any applicable open source license or various conditions to which you shall comply. The Software may include or be bundled with other software programs that are licensed under different terms and/or by third parties other than the licensor. Any software programs use a separate license agreement to be bound by the separate license agreement.
4. SUBSCRIPTION SERVICES
Unless you buy the subscription products contain clear support maintenance or support, or the permit issuer has no obligation to provide such services. Licensor will sell subscription products of the Software that enable you to obtain, for a fee, internal access to technical support and/or software updates for specified annual periods ("Subscription Offering"), subject to the terms of “Kylin HostOS Subscription Agreement”.
5. TRADEMARKS AND LOGOS
You acknowledge and agree as between you and KylinSoft that KylinSoft owns the KylinSoft, KYLIN trademark and all KylinSoft, KYLIN-related trademarks, service marks, logos and other brand designations (The above are collectively referred to as "KYLIN Marks") and you agree to comply with the KylinSoft Trademark and Logo Usage Requirements. Any use you make of the KYLIN Marks inures to KylinSoft's benefit.
You may redistribute the Software commercially only if (a) you have granted permission for such commercial redistribution by a separate written agreement from the Licensor, and (b) you have removed and replaced all appearance of any KYLIN Marks. 
6. RESTRICTIONS
This software and its various components belong to license issued and/or other license issued by all, and is protected by copyright law and other relevant laws. All rights to the Software and any of its components, or any copy, modification, or combined part thereof, are owned by the said right holders, subject to the applicable license. All rights not expressly granted to you are reserved by the Licensor. Except in accordance with the redistribution conditions in Section 5 of this Agreement, the Software is licensed to you only for internal use.
7. OWNERSHIP
No title to or ownership of the Software is transferred to You. Licensor and/or its third party licensors retain all right, title and interest in and to all intellectual property rights in the Software and Services, including any adaptations or copies thereof. The Software is not sold to You, You acquire only a conditional license to use the Software. Title, ownership rights and intellectual property rights in and to the content accessed through the Software are the property of the applicable content owner and may be protected by applicable appropriate copyright or other relevant law. This Agreement gives You no rights to such content.
 
8. LIMITED WARRANTY.
KylinSoft warrants to you that for a period of ninety (90) days from the date of purchase or the date of obtaining Software through other legal means, as evidenced by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except for the foregoing, Software is provided 'AS IS'. Your exclusive remedy and KylinSoft's entire liability under this limited warranty will be at KylinSoft's option to replace Software media or refund the fee paid for Software.
9. REPORTING
Representatives of KylinSoft or its designated personnel shall have the right based on the subscription terms and conditions of “Kylin HostOS Subscription Agreement”, to verify your compliance with this agreement. You agree to: (a) respond promptly to requests for information, documents and/or records; (b) grant appropriate access to site visits to confirm your compliance; And (c) reasonably cooperate with any such verification. KylinSoft will give at least ten (10) days' written notice of any site visit and will conduct the site visit during normal business hours to minimize disruption to your business in a reasonable manner. If there are any irregularities or KylinSoft inform you shortage of payment, You shall resolve the issue of such irregularities and/or the problem of insufficient payment within fifteen (15) days from the date of notification. You will also be liable to KylinSoft for an inspection fee if the payment is underpaid by more than five percent (5%).
10. DISCLAIMER OF WARRANTY.
Unless specified in this agreement, all express or implied conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement are disclaimed, except to the extent that these disclaimers are held to be legally invalid.
11. LIMITATION OF LIABILITY
To the extent not prohibited by law, in no event will KylinSoft or its licensors be liable for any lost revenue, profit or data, or for special, indirect, consequential, incidental or punitive damages, however caused regardless of the theory of liability, arising out of or related to the use of or inability to use software, even if KylinSoft has been advised of the possibility of such damages. In no event will KylinSoft's liability to you, whether in contract, tort(including negligence),or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.
12. TERMINATION
This Agreement is effective until terminated. You may terminate this Agreement at any time, but you should destroy all copies of Software at the same time. This Agreement will terminate immediately without notice from KylinSoft if you fail to comply with any provision of this Agreement. Upon Termination, you must destroy all copies of Software, and you shall bear the legal liability caused by non-compliance with this agreement.
13. APPLICABLE LAW
Any dispute settlement (including but not limited to litigation, arbitration, etc.) related to this Agreement will be governed by People's Republic of China law. The laws of any other country or region shall not apply.
14. SEVERABILITY.
If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the fundamental intent of the parties, in which case this Agreement will immediately terminate.
  
15. INTEGRATION.
This Agreement is the entire agreement between you and KylinSoft relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties which inconsistent with this Agreement, and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
16. TERMINATION FOR INFRINGEMENT.
Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right.
 
17. OTHER TERMS
The agreement is provided in both Chinese and English. In case of any ambiguity, the Chinese version shall prevail.
