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EchoLink End-User License Agreement (EULA)
IMPORTANT NOTICE: PLEASE READ THIS AGREEMENT CAREFULLY
This End-User License Agreement (this "Agreement" or "EULA") is a legally binding agreement between you (an individual or a single entity, hereinafter "User" or "You") and the developer "9t" (hereinafter "Licensor") regarding Your use of the "EchoLink" software product (the "Software"). The Software includes associated computer software, any associated media, printed materials, and any "online" or electronic documentation.
By purchasing, downloading, installing, copying, or in any other way using the Software on the STEAM platform, You acknowledge that You have read, understood, and agree to be bound by all the terms and conditions of this Agreement. If You do not agree to any term of this Agreement, do not install, copy, or use the Software, and You must immediately cease all related activities.
If You are accepting this Agreement on behalf of a company or other legal entity, You represent and warrant that You have the full legal authority to bind that entity to this Agreement. If You do not have such authority, You may not use the Software.
1. Definitions
Unless the context otherwise requires, the following terms shall have the meanings set forth below:
Licensor: Refers to "9t", the developer and owner of all intellectual property rights in the Software.
User/Licensee: Refers to the individual or single legal entity who purchases, downloads, installs, or uses the Software.
Software: Refers to the utility software product named "EchoLink," including its object code, associated documentation, graphics, interfaces, updates, upgrades, and any supplementary materials provided by the Licensor.
Third-Party Services: Refers to services provided by entities independent of the Licensor and accessed or used through the Software, specifically, but not limited to, the translation services provided by Alibaba Cloud Bailian.
Intellectual Property Rights: Refers to any and all patents, copyrights, trademarks, trade secrets, moral rights, and other intellectual property or proprietary rights existing worldwide, whether registered or not.
2. Grant of License
Scope of License: Conditioned upon Your full compliance with all terms and conditions of this Agreement, the Licensor grants You a personal, limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to install and use one copy of the Software on a single computer that You own or control for personal, non-commercial purposes. This Agreement explicitly emphasizes that the Software is licensed to You for use, not sold to You. All rights not expressly granted to You by this Agreement are reserved by the Licensor.
"License, Not Sale" Principle: You acknowledge and agree that what You acquire by purchasing the Software is a license right to use the Software, not ownership of the Software itself. This principle is the foundation for all terms in this Agreement. Characterizing the transaction as a "license" rather than a "sale" ensures the Licensor's full ownership of the underlying intellectual property of the Software and provides a solid legal basis for subsequent use restrictions, termination clauses, and intellectual property protection terms. Without this clear distinction, Users might assert rights such as resale based on legal theories like the "first-sale doctrine" in certain jurisdictions, which would severely harm the Licensor's business interests and control over the software. Therefore, this clause is core to protecting the developer's rights.
3. Use Restrictions and Open-Source Compliance
General Restrictions: To protect the intellectual property rights and commercial value of the Software, You shall not (and shall not permit any third party to) do the following:
Commercially exploit the Software, including, but not limited to, selling, renting, lending, sublicensing, distributing, or otherwise transferring the Software or any part thereof.
Modify, adapt, translate, or create derivative works based on the Software.
Remove, obscure, or alter any copyright notices, trademarks, or other proprietary rights notices contained in the Software.
Use the Software for any illegal purpose or any purpose not expressly authorized by this Agreement.
Use the Software to develop products or services that compete with the functionality of the Software.
Reverse Engineering Restrictions and Exceptions: This clause is crucial for ensuring open-source software compliance, reflecting a careful balance between protecting proprietary intellectual property and fulfilling open-source licensing obligations.
General Prohibition: You may not reverse engineer, decompile, or disassemble any portion of the Software, or otherwise attempt to derive its source code in any way. This is standard industry practice to protect the Licensor's proprietary code and trade secrets.
Mandatory Legal Exception: The above restrictions are void to the extent that they are expressly prohibited by applicable law.
LGPL Compliance Special Exception: You explicitly understand and agree that the Software contains libraries licensed under the GNU Lesser General Public License (LGPL), specifically FFmpeg. The LGPL grants Users the right to modify the library and combine it with the original program, a right that may require analysis of the program's interface. Therefore, the reverse engineering prohibition in this Agreement does not apply to reverse engineering activities performed to debug Your modifications to the LGPL-licensed libraries included in the Software. This special exception clause is a core requirement for fulfilling LGPL licensing obligations. Without this exception, a blanket "no reverse engineering" clause would conflict with the rights granted to Users by the LGPL, constituting a license violation that could lead to serious legal consequences, including a requirement to make the entire source code of the Software public. This clause is designed to precisely meet the requirements of the LGPL while maximizing the protection of the Licensor's non-LGPL proprietary code, which is a necessary strategy for managing legal risks in a mixed-licensing model.
4. Third-Party Services and Related Fees
The core functionality of the Software relies on Third-Party Services, specifically the translation API provided by Alibaba Cloud Bailian. This clause is designed to clearly delineate responsibilities between the Licensor and the Third-Party Service provider and to protect the Licensor from risks caused by factors it cannot control.
Distinction between Software and Services: You acknowledge that EchoLink is an auxiliary tool, and its primary function is to act as an interface for You to access and use the third-party translation services provided by Alibaba Cloud Bailian. The Licensor is only responsible for the functionality of the Software itself and is not responsible for the performance, availability, accuracy, or content of Alibaba Cloud Bailian's services.
Third-Party Service Terms: Before using Alibaba Cloud Bailian's translation services, You must independently read, understand, and agree to their terms of service, privacy policy, and all related agreements. The legal relationship between You and Alibaba Cloud Bailian is an independent one, and the Licensor is not a party to that relationship.
Fee Responsibility (User-Provided Content): The purchase price of the Software is solely for the cost of acquiring the software tool and does not include any fees generated by Third-Party Services. Any fees incurred by You when using this function (including, but not limited to, API calls, data transmission, etc.) will be charged directly to You by Alibaba Cloud Bailian according to their pricing standards.
Waiver of Responsibility (User-Provided Content): The developer and publisher of EchoLink assume no responsibility for Alibaba Cloud Bailian's pricing standards, service changes, or any related fees. Before accessing and using Alibaba Cloud Bailian's services, You should carefully read and agree to their terms of service and fee policies. This clear division of responsibility is crucial. It legally separates the Licensor's liability from that of the Third-Party Service provider. This prevents user complaints, refund requests, or legal claims that may arise from issues such as Alibaba Cloud Bailian's service interruptions, price adjustments, data errors, or policy changes. By requiring the User to explicitly recognize that they are interacting with two separate entities (buying a tool from the Licensor and a service from Alibaba Cloud), this Agreement builds a solid legal "safe harbor" for the Licensor.
5. User Responsibilities and Copyright Compliance
As a powerful translation tool, the Software's use may involve copyrighted materials. This clause aims to fully transfer the legal obligation and responsibility for copyright compliance to the end-user, thereby protecting the Licensor from claims of contributory infringement or vicarious infringement resulting from the User's improper use.
Statement of Software Purpose (User-Provided Content): EchoLink is an auxiliary tool, and all translated content it provides is supplied by Alibaba Cloud Bailian and is for reference and personal study purposes only.
User's Legal Compliance Obligation (User-Provided Content): When using the Software to translate any copyrighted videos, audio, or other content, the User shall strictly comply with all relevant laws and regulations, including, but not limited to, copyright law.
Assumption of Liability and Indemnification (User-Provided Content): The User shall assume full legal responsibility for any copyright infringement resulting from the use of this Software. The developer and publisher of EchoLink bear no responsibility for any copyright disputes or legal liabilities arising from the User's improper use of the Software. Furthermore, You agree to indemnify, defend, and hold the Licensor and its affiliates harmless from and against any and all claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to Your breach of this clause, misuse of the Software, or infringement of any third-party rights (including, but not limited to, copyrights).
Legal Strategy: This clause is not merely a part of the user agreement; it is a strategic legal defense measure. By explicitly defining the Software as a "tool" and placing compliance responsibility entirely on the User, the Licensor can argue, in the face of potential third-party infringement lawsuits, that it has taken reasonable steps to prevent illegal use and that the User's infringing behavior directly violates a legally binding EULA. This significantly reduces the risk of the Licensor being found liable as a contributory or vicarious infringer.
6. Intellectual Property and Ownership
Ownership Statement: You acknowledge and agree that all right, title, and interest in and to the Software and all copies thereof, including all associated Intellectual Property Rights, including but not limited to copyrights, trademarks, patents, trade secrets, and other proprietary rights, are owned exclusively by the Licensor, "9t."
Reservation of Rights: The Licensor reserves all rights not expressly granted to You in this Agreement. Nothing in this Agreement shall be construed as granting You any additional licenses or rights by implication, estoppel, or otherwise.
User Feedback: If You provide the Licensor with any suggestions, comments, ideas for improvements, or other feedback regarding the Software, You hereby grant the Licensor a worldwide, royalty-free, perpetual, irrevocable, and non-exclusive license to use, reproduce, modify, distribute, and exploit such feedback in any manner without any compensation or obligation to You.
7. Third-Party and Open-Source Software Notices
The Software is built using excellent third-party and open-source projects. To fulfill the obligations set forth in the relevant license agreements and to respect the contributions of the original authors, the following notices are hereby made. A clear and accurate open-source software notice is not only a legal compliance necessity but also demonstrates the developer's respect for the open-source community and their professionalism, helping to build trust with users and potential business partners.
Component Copyright Holder / Project License License and Source Code Information
FFmpeg The FFmpeg Project GNU Lesser General Public License v2.1 (or later) The Software uses libraries from the FFmpeg project (http://ffmpeg.org/), which is licensed under the GNU Lesser General Public License (LGPL). A copy of the LGPL is included in the documentation for the Software. The source code corresponding to the version of FFmpeg used in the Software is included in the distribution package and/or available upon written request.
gummy-translator ConstantinopleMayor MIT License The Software includes code from the gummy-translator project, which is available at https://github.com/ConstantinopleMayor/gummy-translator. This component is licensed under the MIT License. A copy of the MIT License, including the original copyright notice, is included in the documentation for the Software.
You acknowledge and agree that these third-party components are subject to the terms of their respective license agreements. In the event of any conflict between the terms of this Agreement and the terms of any third-party or open-source license agreement, the terms of the third-party or open-source license agreement shall prevail.
8. Disclaimer of Warranties
This clause is a key part of limiting the Licensor's legal risk. It is designed to manage user expectations and to make it clear that the Software is provided in its current state.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND. THE LICENSOR EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE LICENSOR DOES NOT WARRANT THAT: (I) THE SOFTWARE WILL MEET YOUR SPECIFIC REQUIREMENTS; (II) THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE; OR (IV) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU USE THE SOFTWARE AT YOUR OWN SOLE RISK.
9. Limitation of Liability
This clause works in tandem with the "Disclaimer of Warranties" to form a two-tiered legal protection system. The former aims to prevent claims from arising by disclaiming promises, while this clause sets a clear and manageable cap on the Licensor's potential liability in the event a claim does occur.
Exclusion of Indirect Damages: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, OR ANY COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Liability Cap: IN NO EVENT SHALL THE LICENSOR'S TOTAL LIABILITY FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE LICENSE TO THE SOFTWARE. IF NO FEES WERE PAID, THE LICENSOR'S TOTAL LIABILITY SHALL NOT EXCEED FIFTY DOLLARS ($50.00 USD).
Basis for Risk Allocation: You acknowledge and agree that the limitations of liability and disclaimers in this Agreement are fundamental elements of the bargain between You and the Licensor and reflect the allocation of risks between the parties. The Licensor would not be able to offer the Software on an economic basis without these limitations.
10. Termination
User Termination: You may terminate this Agreement at any time by uninstalling and destroying all copies of the Software in Your possession or control.
Licensor Termination: If You fail to comply with any of the terms and conditions of this Agreement, the Licensor may terminate this Agreement immediately upon written notice to You, and all Your rights under this Agreement will automatically terminate.
Effect of Termination: Upon termination of this Agreement, You must immediately cease all use of the Software and destroy all copies of the Software in Your possession or control. Clauses of this Agreement that, by their nature, should survive termination (including, but not limited to, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, and General Provisions) shall survive termination.
11. General Provisions
Governing Law and Dispute Resolution: To ensure a consistent and predictable legal framework globally, this Agreement and any disputes arising out of or related to it will be governed by different laws and dispute resolution mechanisms based on the User's place of residence.
a. For US Residents: This Agreement is governed by US federal law and the laws of the State of Delaware, without regard to conflict of law principles. Any disputes shall be resolved through binding individual arbitration, not in court, and You waive Your right to participate in any class-action lawsuit. The arbitration will be administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules.
b. For EU and UK Residents: This Agreement is governed by the laws of Your country of residence. You have the right to bring legal proceedings concerning this Agreement in the courts of Your place of residence. Nothing in this Agreement affects Your rights as a consumer under the mandatory legal provisions of Your country of residence.
c. For Users in all Other Regions: Unless mandatory law in Your jurisdiction provides otherwise (such provisions cannot be waived by the parties by contract), the interpretation, validity, and performance of this Agreement shall be governed by the laws of the People's Republic of China, without regard to its conflict of law principles. In this event, any dispute arising from or related to this Agreement shall be submitted to a people's court with jurisdiction in the Licensor's place of residence for resolution through litigation. If the laws of Your place of residence require disputes to be submitted to Your local court, that requirement shall prevail.
Severability: If any provision of this Agreement is held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary to make it legal, valid, and enforceable, and the remaining provisions of this Agreement shall remain in full force and effect.
Entire Agreement: This Agreement constitutes the entire agreement between You and the Licensor concerning the Software and supersedes all prior or contemporaneous oral or written communications, proposals, and representations.
Waiver: The failure or delay of either party to exercise any right, power, or privilege under this Agreement shall not be deemed a waiver of such right.
Contact Information: If You have any questions about this Agreement, please contact the Licensor at [loveyou9t@qq.com].
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND ITS CONTENTS, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
IMPORTANT NOTICE: PLEASE READ THIS AGREEMENT CAREFULLY
This End-User License Agreement (this "Agreement" or "EULA") is a legally binding agreement between you (an individual or a single entity, hereinafter "User" or "You") and the developer "9t" (hereinafter "Licensor") regarding Your use of the "EchoLink" software product (the "Software"). The Software includes associated computer software, any associated media, printed materials, and any "online" or electronic documentation.
By purchasing, downloading, installing, copying, or in any other way using the Software on the STEAM platform, You acknowledge that You have read, understood, and agree to be bound by all the terms and conditions of this Agreement. If You do not agree to any term of this Agreement, do not install, copy, or use the Software, and You must immediately cease all related activities.
If You are accepting this Agreement on behalf of a company or other legal entity, You represent and warrant that You have the full legal authority to bind that entity to this Agreement. If You do not have such authority, You may not use the Software.
1. Definitions
Unless the context otherwise requires, the following terms shall have the meanings set forth below:
Licensor: Refers to "9t", the developer and owner of all intellectual property rights in the Software.
User/Licensee: Refers to the individual or single legal entity who purchases, downloads, installs, or uses the Software.
Software: Refers to the utility software product named "EchoLink," including its object code, associated documentation, graphics, interfaces, updates, upgrades, and any supplementary materials provided by the Licensor.
Third-Party Services: Refers to services provided by entities independent of the Licensor and accessed or used through the Software, specifically, but not limited to, the translation services provided by Alibaba Cloud Bailian.
Intellectual Property Rights: Refers to any and all patents, copyrights, trademarks, trade secrets, moral rights, and other intellectual property or proprietary rights existing worldwide, whether registered or not.
2. Grant of License
Scope of License: Conditioned upon Your full compliance with all terms and conditions of this Agreement, the Licensor grants You a personal, limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to install and use one copy of the Software on a single computer that You own or control for personal, non-commercial purposes. This Agreement explicitly emphasizes that the Software is licensed to You for use, not sold to You. All rights not expressly granted to You by this Agreement are reserved by the Licensor.
"License, Not Sale" Principle: You acknowledge and agree that what You acquire by purchasing the Software is a license right to use the Software, not ownership of the Software itself. This principle is the foundation for all terms in this Agreement. Characterizing the transaction as a "license" rather than a "sale" ensures the Licensor's full ownership of the underlying intellectual property of the Software and provides a solid legal basis for subsequent use restrictions, termination clauses, and intellectual property protection terms. Without this clear distinction, Users might assert rights such as resale based on legal theories like the "first-sale doctrine" in certain jurisdictions, which would severely harm the Licensor's business interests and control over the software. Therefore, this clause is core to protecting the developer's rights.
3. Use Restrictions and Open-Source Compliance
General Restrictions: To protect the intellectual property rights and commercial value of the Software, You shall not (and shall not permit any third party to) do the following:
Commercially exploit the Software, including, but not limited to, selling, renting, lending, sublicensing, distributing, or otherwise transferring the Software or any part thereof.
Modify, adapt, translate, or create derivative works based on the Software.
Remove, obscure, or alter any copyright notices, trademarks, or other proprietary rights notices contained in the Software.
Use the Software for any illegal purpose or any purpose not expressly authorized by this Agreement.
Use the Software to develop products or services that compete with the functionality of the Software.
Reverse Engineering Restrictions and Exceptions: This clause is crucial for ensuring open-source software compliance, reflecting a careful balance between protecting proprietary intellectual property and fulfilling open-source licensing obligations.
General Prohibition: You may not reverse engineer, decompile, or disassemble any portion of the Software, or otherwise attempt to derive its source code in any way. This is standard industry practice to protect the Licensor's proprietary code and trade secrets.
Mandatory Legal Exception: The above restrictions are void to the extent that they are expressly prohibited by applicable law.
LGPL Compliance Special Exception: You explicitly understand and agree that the Software contains libraries licensed under the GNU Lesser General Public License (LGPL), specifically FFmpeg. The LGPL grants Users the right to modify the library and combine it with the original program, a right that may require analysis of the program's interface. Therefore, the reverse engineering prohibition in this Agreement does not apply to reverse engineering activities performed to debug Your modifications to the LGPL-licensed libraries included in the Software. This special exception clause is a core requirement for fulfilling LGPL licensing obligations. Without this exception, a blanket "no reverse engineering" clause would conflict with the rights granted to Users by the LGPL, constituting a license violation that could lead to serious legal consequences, including a requirement to make the entire source code of the Software public. This clause is designed to precisely meet the requirements of the LGPL while maximizing the protection of the Licensor's non-LGPL proprietary code, which is a necessary strategy for managing legal risks in a mixed-licensing model.
4. Third-Party Services and Related Fees
The core functionality of the Software relies on Third-Party Services, specifically the translation API provided by Alibaba Cloud Bailian. This clause is designed to clearly delineate responsibilities between the Licensor and the Third-Party Service provider and to protect the Licensor from risks caused by factors it cannot control.
Distinction between Software and Services: You acknowledge that EchoLink is an auxiliary tool, and its primary function is to act as an interface for You to access and use the third-party translation services provided by Alibaba Cloud Bailian. The Licensor is only responsible for the functionality of the Software itself and is not responsible for the performance, availability, accuracy, or content of Alibaba Cloud Bailian's services.
Third-Party Service Terms: Before using Alibaba Cloud Bailian's translation services, You must independently read, understand, and agree to their terms of service, privacy policy, and all related agreements. The legal relationship between You and Alibaba Cloud Bailian is an independent one, and the Licensor is not a party to that relationship.
Fee Responsibility (User-Provided Content): The purchase price of the Software is solely for the cost of acquiring the software tool and does not include any fees generated by Third-Party Services. Any fees incurred by You when using this function (including, but not limited to, API calls, data transmission, etc.) will be charged directly to You by Alibaba Cloud Bailian according to their pricing standards.
Waiver of Responsibility (User-Provided Content): The developer and publisher of EchoLink assume no responsibility for Alibaba Cloud Bailian's pricing standards, service changes, or any related fees. Before accessing and using Alibaba Cloud Bailian's services, You should carefully read and agree to their terms of service and fee policies. This clear division of responsibility is crucial. It legally separates the Licensor's liability from that of the Third-Party Service provider. This prevents user complaints, refund requests, or legal claims that may arise from issues such as Alibaba Cloud Bailian's service interruptions, price adjustments, data errors, or policy changes. By requiring the User to explicitly recognize that they are interacting with two separate entities (buying a tool from the Licensor and a service from Alibaba Cloud), this Agreement builds a solid legal "safe harbor" for the Licensor.
5. User Responsibilities and Copyright Compliance
As a powerful translation tool, the Software's use may involve copyrighted materials. This clause aims to fully transfer the legal obligation and responsibility for copyright compliance to the end-user, thereby protecting the Licensor from claims of contributory infringement or vicarious infringement resulting from the User's improper use.
Statement of Software Purpose (User-Provided Content): EchoLink is an auxiliary tool, and all translated content it provides is supplied by Alibaba Cloud Bailian and is for reference and personal study purposes only.
User's Legal Compliance Obligation (User-Provided Content): When using the Software to translate any copyrighted videos, audio, or other content, the User shall strictly comply with all relevant laws and regulations, including, but not limited to, copyright law.
Assumption of Liability and Indemnification (User-Provided Content): The User shall assume full legal responsibility for any copyright infringement resulting from the use of this Software. The developer and publisher of EchoLink bear no responsibility for any copyright disputes or legal liabilities arising from the User's improper use of the Software. Furthermore, You agree to indemnify, defend, and hold the Licensor and its affiliates harmless from and against any and all claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to Your breach of this clause, misuse of the Software, or infringement of any third-party rights (including, but not limited to, copyrights).
Legal Strategy: This clause is not merely a part of the user agreement; it is a strategic legal defense measure. By explicitly defining the Software as a "tool" and placing compliance responsibility entirely on the User, the Licensor can argue, in the face of potential third-party infringement lawsuits, that it has taken reasonable steps to prevent illegal use and that the User's infringing behavior directly violates a legally binding EULA. This significantly reduces the risk of the Licensor being found liable as a contributory or vicarious infringer.
6. Intellectual Property and Ownership
Ownership Statement: You acknowledge and agree that all right, title, and interest in and to the Software and all copies thereof, including all associated Intellectual Property Rights, including but not limited to copyrights, trademarks, patents, trade secrets, and other proprietary rights, are owned exclusively by the Licensor, "9t."
Reservation of Rights: The Licensor reserves all rights not expressly granted to You in this Agreement. Nothing in this Agreement shall be construed as granting You any additional licenses or rights by implication, estoppel, or otherwise.
User Feedback: If You provide the Licensor with any suggestions, comments, ideas for improvements, or other feedback regarding the Software, You hereby grant the Licensor a worldwide, royalty-free, perpetual, irrevocable, and non-exclusive license to use, reproduce, modify, distribute, and exploit such feedback in any manner without any compensation or obligation to You.
7. Third-Party and Open-Source Software Notices
The Software is built using excellent third-party and open-source projects. To fulfill the obligations set forth in the relevant license agreements and to respect the contributions of the original authors, the following notices are hereby made. A clear and accurate open-source software notice is not only a legal compliance necessity but also demonstrates the developer's respect for the open-source community and their professionalism, helping to build trust with users and potential business partners.
Component Copyright Holder / Project License License and Source Code Information
FFmpeg The FFmpeg Project GNU Lesser General Public License v2.1 (or later) The Software uses libraries from the FFmpeg project (http://ffmpeg.org/), which is licensed under the GNU Lesser General Public License (LGPL). A copy of the LGPL is included in the documentation for the Software. The source code corresponding to the version of FFmpeg used in the Software is included in the distribution package and/or available upon written request.
gummy-translator ConstantinopleMayor MIT License The Software includes code from the gummy-translator project, which is available at https://github.com/ConstantinopleMayor/gummy-translator. This component is licensed under the MIT License. A copy of the MIT License, including the original copyright notice, is included in the documentation for the Software.
You acknowledge and agree that these third-party components are subject to the terms of their respective license agreements. In the event of any conflict between the terms of this Agreement and the terms of any third-party or open-source license agreement, the terms of the third-party or open-source license agreement shall prevail.
8. Disclaimer of Warranties
This clause is a key part of limiting the Licensor's legal risk. It is designed to manage user expectations and to make it clear that the Software is provided in its current state.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND. THE LICENSOR EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE LICENSOR DOES NOT WARRANT THAT: (I) THE SOFTWARE WILL MEET YOUR SPECIFIC REQUIREMENTS; (II) THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE; OR (IV) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU USE THE SOFTWARE AT YOUR OWN SOLE RISK.
9. Limitation of Liability
This clause works in tandem with the "Disclaimer of Warranties" to form a two-tiered legal protection system. The former aims to prevent claims from arising by disclaiming promises, while this clause sets a clear and manageable cap on the Licensor's potential liability in the event a claim does occur.
Exclusion of Indirect Damages: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, OR ANY COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Liability Cap: IN NO EVENT SHALL THE LICENSOR'S TOTAL LIABILITY FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE LICENSE TO THE SOFTWARE. IF NO FEES WERE PAID, THE LICENSOR'S TOTAL LIABILITY SHALL NOT EXCEED FIFTY DOLLARS ($50.00 USD).
Basis for Risk Allocation: You acknowledge and agree that the limitations of liability and disclaimers in this Agreement are fundamental elements of the bargain between You and the Licensor and reflect the allocation of risks between the parties. The Licensor would not be able to offer the Software on an economic basis without these limitations.
10. Termination
User Termination: You may terminate this Agreement at any time by uninstalling and destroying all copies of the Software in Your possession or control.
Licensor Termination: If You fail to comply with any of the terms and conditions of this Agreement, the Licensor may terminate this Agreement immediately upon written notice to You, and all Your rights under this Agreement will automatically terminate.
Effect of Termination: Upon termination of this Agreement, You must immediately cease all use of the Software and destroy all copies of the Software in Your possession or control. Clauses of this Agreement that, by their nature, should survive termination (including, but not limited to, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, and General Provisions) shall survive termination.
11. General Provisions
Governing Law and Dispute Resolution: To ensure a consistent and predictable legal framework globally, this Agreement and any disputes arising out of or related to it will be governed by different laws and dispute resolution mechanisms based on the User's place of residence.
a. For US Residents: This Agreement is governed by US federal law and the laws of the State of Delaware, without regard to conflict of law principles. Any disputes shall be resolved through binding individual arbitration, not in court, and You waive Your right to participate in any class-action lawsuit. The arbitration will be administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules.
b. For EU and UK Residents: This Agreement is governed by the laws of Your country of residence. You have the right to bring legal proceedings concerning this Agreement in the courts of Your place of residence. Nothing in this Agreement affects Your rights as a consumer under the mandatory legal provisions of Your country of residence.
c. For Users in all Other Regions: Unless mandatory law in Your jurisdiction provides otherwise (such provisions cannot be waived by the parties by contract), the interpretation, validity, and performance of this Agreement shall be governed by the laws of the People's Republic of China, without regard to its conflict of law principles. In this event, any dispute arising from or related to this Agreement shall be submitted to a people's court with jurisdiction in the Licensor's place of residence for resolution through litigation. If the laws of Your place of residence require disputes to be submitted to Your local court, that requirement shall prevail.
Severability: If any provision of this Agreement is held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary to make it legal, valid, and enforceable, and the remaining provisions of this Agreement shall remain in full force and effect.
Entire Agreement: This Agreement constitutes the entire agreement between You and the Licensor concerning the Software and supersedes all prior or contemporaneous oral or written communications, proposals, and representations.
Waiver: The failure or delay of either party to exercise any right, power, or privilege under this Agreement shall not be deemed a waiver of such right.
Contact Information: If You have any questions about this Agreement, please contact the Licensor at [loveyou9t@qq.com].
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