End User License Agreement
PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING ON THE "ACCEPT" BUTTON, INSTALLING OR USING THE SOFTWARE, YOU ARE EXPRESSLY DEEMED TO AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. If You are acquiring the Software on behalf of THE OTHER LEGAL ENTITY, You represent that You are duly authorized to accept the terms and conditions of this Agreement on behalf of THE LEGAL ENTITY. IF YOU DO NOT AGREE TO ANY OR ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT INSTALL OR USE THE SOFTWARE.
This End User License Agreement constitutes a valid and binding agreement between Octon Inc.(hereafter "CONCIO") and you.
1. Grant of License. Subject to the terms and conditions of this agreement, CONCIO hereby grants you a non-exclusive, non-transferable, non-sub licensable license to install, use, access, display and run the software only, on any one of the mobile device.
2. Update Version. Cause to achieve the better user experience and improve the execution efficiency of the software, The update version from CONCIO will be updated irregularly. The update version could include the optimization on process, additional new function or removed some unpractical functions that provided by the last version, and CONCIO has no obligation to provide the options to refuse or to put off.
3. Intellectual Property Right. All proprietary and intellectual property of the software, the materials related to the software and their copies, including but not limited to, image, picture, animation, video, audio, text, application program and printed materials, shall remain the property of Octon or its licensors. You shall not, and shall not attempt to, modify, reverse engineer, recompile, disassemble the software, create the derivative works or other works that are based upon or derived from the software in whole or in part, or in any manner, access and/or acquire the source code of the software.
4. No Removal of Trademark/Notices. Nothing in this agreement intends to transfer to you any ownership of the right, title or interest in and to the software and intellectual property rights, relating thereto. All rights to the software, including all associated copyrights, patents, trade secret rights, trademarks and other intellectual property rights, are reserved by Octon. You shall not remove, obscure, make illegible or alter any notices or indications of the intellectual property rights and ownership thereof.
5. What Information We Collect and Track. (Personal Information Protection Proclamation) When you use the software, you need to register for a valid account, and you will be asked to provide personal information or provide the information of the other legal entity that you represent that you are duly authorized. Personal information means any information that is associated with an identifiable person and may include but not limited to your name, address, e-mail addresses, the mobile phone number, the system assigned number and other necessaries information required to operation the functions of the software or to execute the whole system, during you use the software, our servers may automatically record your IP address and Hardware device number, we use the information above to operation the functions of the software and to enhance our services/whole system. The information you provide will be kept confidential and only be used to support our relationship with you the customer and only be used to operation the functions of the software and to enhance our services/whole system.
In accordance with the Personal Information Protection Act of Taiwan, you may exercise the following rights regarding your personal information mentioned above by contacting Octon.
Request to inquire, review, supplement or amend any inaccuracies of the personal information, with reasonable explanation provided for such request, and discontinue collection, processing or use of personal information, and any request to delete the personal information or request to make duplications of the personal information.
According to law, Octon may charge a reasonable fee to those who exercise the aforementioned request.
However, if the required personal information is not provided or incomplete or request to delete, the software might not be able to deliver certain services, and your rights and interests may be effected.
6. The Entirety of Software. The software shall be used as a non-separated unit, provided to collocating the related products of CONCIO. You are not allowed to use any of components of the software respectively on more than one mobile device.
7. Prohibition of Transfer. The software and the license herein granted shall not be divided from the mobile device on which the software was installed, for the purpose of rent, lease, lend, or sublicense. All rights granted to you and any obligation whatsoever which may derive from these agreement hereunder shall not be transferred in any manner to any third party.
8. Prohibited Acts. The software is provided with a additional function and service of IM(Instant Messaging), in the use by you of the software, you may not engage in any of the following acts.
Activities that violate the local law, court verdicts, resolutions or orders, or administrative measures that are legally binding, the types at least including: Activities that infringe intellectual property rights, including copyrights, trademarks and patents, fame, privacy, and/or a third party granted by law or contract, and any fraudulent acts, intentionally spread false information and/or activities that interfere with the servers and/or network systems of the software.
9. Limited Warranty. CONCIO warrant and guarantee that the software (including the update and upgrade) will perform substantially in accordance with the User Guide.
THIS IS A LIMITED WARRANTY AND IS THE ONLY WARRANTY MADE BY CONCIO. OCTON MAKE NO OTHER WARRANTY, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOU MUST EVALUATE THE RISK OF USE AND OPERATION OF THE SOFTWARE BY YOURSELF.
10. Disclaimer. TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL CONCIO BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY INCLUDING NEGLIGENCE, TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, AND DAMAGES FOR LOSS OF BUSINESS REVENUES AND PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF REPUTATION, OR ANY AND ALL OTHER TANGIBLE OR INTANGIBLE LOSSES ARISING FROM THE USE OF OR THE INABILITY TO USE THE SOFTWARE, EVEN IF CONCIO HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF.
11. Termination. This agreement will immediately terminate upon your breach of any of your obligations in this agreement or when you remove this software. Upon termination, you must destroy all the copies, components and additional information in connection with the software.
12. Severability. If any provision of the agreement is held to be illegal, invalid or unenforceable under any applicable laws, it shall to that extent be deemed not to form part of the agreement but the remainder of this agreement will remain valid and enforceable to the greatest extent permitted by applicable law.
13. Governing Law and Jurisdiction. The governing law of this agreement will be the substantive law of Taiwan, without regard to any choice of law or conflict of laws rules or provisions. In the event any dispute arising out of or related to these agreement between Octon and you shall be subject to the exclusive jurisdiction of the Taipei District Court of Taiwan.
14. Other. CONCIO reserves the right to amend the terms and conditions of this agreement from time-to-time. We will notify you of such amendments or changes by publishing them on the product website(https://www.octon.net/product/concio).
About the Privacy Policy of CONCIO will publish on Octon official website(https://www.octon.net/concio/concio_privacy_en.html), and the Terms of Use will publish on Octon official website(https://www.octon.net).
Certain functions of the software may require an active and stable connection to the Internet in order to function. It is therefore your responsibility to ensure that you have at all times an active and stable Internet connection.
EULA update date: 2019/1/22
