Hong Ying Hui License Agreement

SCOPE OF LICENSE

The software is licensed, not sold. This agreement only gives you some rights to use the software. HYH reserves all other rights.

Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement.

In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways.

• You may not workaround any technical limitations in the software;
• Reverse engineer, decompile or disassemble the software, or otherwise attempt to derive the source code for the software, except and to the extent required by third party licensing terms governing use of certain open source components that may be included in the software;
• Remove, minimize, block or modify any notices of HYH or its suppliers in the software;
• Use the software in any way that is against the law;
• Share, publish, rent or lease the software, provide the software as a stand-alone offering for others to use, or transfer the software or this agreement to any third party.

EXPORT RESTRICTIONS

You must comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users, and end-use.

SUPPORT SERVICES

Because this software is 'as is,' we may not provide support services for it.

ENTIRE AGREEMENT

This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.

APPLICABLE LAW

If you acquired the software in the EU, it applies to the interpretation of and claims for breach of this agreement, and the laws of the state where you live apply to all other claims.

If you acquired the software in any other country, its laws apply.

CONSUMER RIGHTS; REGIONAL VARIATIONS

This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country.

Separate and apart from your relationship with HYH, you may also have rights with respect to the party from which you acquired the software.

This agreement does not change those other rights if the laws of your state or country do not permit it to do so.

For example, if you acquired the software in one of the below regions, or mandatory country law applies, then the following provisions apply to you:

• Australia: You have statutory guarantees under the Australian Consumer Law and nothing in this agreement is intended to affect those rights.
• Canada: If you acquired this software in Canada, you may stop receiving updates by turning off the automatic update feature, disconnecting your device from the Internet (if and when you re-connect to the Internet, however, the software will resume checking for and installing updates), or uninstalling the software. The product documentation, if any, may also specify how to turn off updates for your specific device or software.
• Germany and Austria: Warranty. The software will perform substantially as described in any HYH materials that accompany it. However, HYH gives no contractual guarantee in relation to the software.

Limitation of Liability: In case of intentional conduct, gross negligence, claims based on the Product Liability Act, as well as in case of death or personal or physical injury, HYH is liable according to the statutory law.

HYH will only be liable for slight negligence if HYH is in breach of such material contractual obligations, the fulfillment of which facilitate the due performance of this agreement, the breach of which would endanger the purpose of this agreement and the compliance with which a party may constantly trust in (so-called "cardinal obligations"). In other cases of slight negligence, HYH will not be liable for slight negligence.

DISCLAIMER OF WARRANTY

THE SOFTWARE IS LICENSED 'AS-IS.' YOU BEAR THE RISK OF USING IT. HYH GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS.

To the extent permitted under your local laws, HYH excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES

YOU CAN RECOVER FROM HYH AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.

This limitation applies to:

• Anything related to the software, services, content (including code) on third party Internet sites, or third party applications;
• Claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

It also applies even if HYH knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your state or country may not allow the exclusion or limitation of incidental, consequential or other damages.