Download document () of 20
Send email
Download
You have exceeded the download limit
[WinPower View mobile applications]
Last Revised Date: 2020.07.10
Phoenixtec MMPL Co., Ltd. (“Phoenixtec”) owns and operates the WinPower View mobile applications. The following End-User License Agreement (“Agreement”) governs the use of this WinPower View mobile applications. Other sites, content or online services owned or controlled by Phoenixtec have their own terms of use/end-user license agreement and should be reviewed. Phoenixtec licenses the use of the WinPower View mobile applications to you subject to the terms of this Agreement.
IMPORTANT, PLEASE READ THIS AGREEMENT BEFORE REGISTERING, ACCESSING OR USING THE WINPOWER VIEW MOBILE APPLICATIONS. THIS AGREEMENT IS A BINDING LEGAL CONTRACT BETWEEN YOU (IF REGISTERING AS AN INDIVIDUAL) AND/OR THE ENTITY YOU REPRESENT (IF REGISTERING AS A BUSINESS) (“YOU” OR “YOUR”) AND PHOENIXTEC, TOGETHER WITH ITS AFFILIATES, ENTITIES, AND SUBSIDIARIES. BY CLICKING THE “ACCEPT” BUTTON BELOW, OR BY ACCESSING OR USING THE WINPOWER VIEW MOBILE APPLICATIONS, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. YOUR RIGHT TO USE THE WINPOWER VIEW MOBILE APPLICATIONS IS LIMITED BY APPLICABLE LAWS IN ITS JURISDICTION.
IF YOU DO NOT ACCEPT THE TERMS IN THIS AGREEMENT, DO NOT CLICK THE “I HAVE READ AND UNDERSTAND THIS AGREEMENT” CHECKBOX AND THE “CONTINUE” BUTTON AND DO NOT REGISTER, ACCESS OR USE THE WINPOWER VIEW MOBILE APPLICATIONS IN ANY WAY.
License. Subject to the terms and conditions of this Agreement, Phoenixtec grants to you a limited, non-transferable, non-sublicensable, non-assignable, non-exclusive and revocable license to access and use the WinPower View mobile applications in conjunction with the operation of Phoenixtec products to which the WinPower View mobile applications pertains or other products as described by Phoenixtec in any user guides and manuals for access to and use of the WinPower View mobile applications (“Documentation”) solely for your own use and only in a manner that is consistent with the terms of this Agreement (“License”). In the event Phoenixtec requires you to register as an end-user, this license is valid only if the registration is complete and accurate.
Restrictions. You are not allowed to copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the WinPower View mobile applications, or any updates or upgrades, or any part thereof. You may not use any part of the WinPower View mobile applications to create any independent data files, databases, compendiums or any other reference materials. If you breach these restrictions, you may be subject to prosecution and damages. The WinPower View mobile applications is intended for adults, and by accessing the WinPower View mobile applications, you represent that you are a legal adult.
Prohibited Conduct. In connection with your access to and/or use of the WinPower View mobile applications, you agree not to:
The previous list of prohibitions is not exclusive or exhaustive.
Updates. Phoenixtec may update or upgrade the WinPower View mobile applications at any time. Certain functions of the WinPower View mobile applications may be modified or discontinued as a result of any such updates or upgrades. If Phoenixtec elects to provide maintenance or support of any kind, Phoenixtec may terminate that maintenance or support at any time without notice to you. The terms and conditions of this Agreement shall govern any upgrades or updates provided by Phoenixtec that replace and/or supplement the original WinPower View mobile applications, unless such upgrade is accompanied by, or references, a separate license agreement in which case the terms of that license agreement shall govern.
Events Outside of Phoenixtec’s Control. Phoenixtec will not be liable or responsible for any failure to perform, or delay in performance of, any of Phoenixtec’s obligations under this Agreement that is caused by any act or event beyond Phoenixtec’s reasonable control, including but not limited to, acts of God, failure of public or private telecommunications networks, changes in law or regulation, or any other force majeure event or circumstance, whether or not foreseeable.
Proprietary Rights. Phoenixtec owns all rights, title and interest in, and to, without limitation, all intellectual and proprietary rights of any and all featured products or parts, including, but not limited to, any models, data, or formulas exhibited in the WinPower View mobile applications excluding any Open Source Software as defined below that may be contained herein. Except for the limited license granted to you herein, nothing in this Agreement shall be construed to restrict, transfer, convey, encumber, alter, impair or otherwise adversely affect Phoenixtec’s ownership or proprietary rights therein or any other of Phoenixtec’s information, processes, methodologies, products, goods, services, or materials, tangible or intangible, in any form and in any medium.
Open Source. Certain items of software included with the WinPower View mobile applications may be subject to “open source” or “free software” licenses (“Open Source Software”). Some of the Open Source Software is owned by third parties. The Open Source Software is not subject to the terms and conditions of this License. Instead, each item of Open Source Software is licensed under the terms and conditions accompanying such Open Source Software. Nothing in this Agreement limits your rights under or grants you rights that supersede the terms and conditions of any applicable end user license for the Open Source Software. To the extent there are any conflicts between the terms of this Agreement and any Open Source Software license corresponding to the open source component(s) of the software included with the WinPower View mobile applications or additional obligations by such Open Source Software license that are not set forth in this Agreement, the terms of the Open Source Software license will control. Phoenixtec provides the Open Source Software to you “AS IS” without any indemnities or warranties of any kind.
Support Services. Phoenixtec or its suppliers and distributors may provide you with support services related to the WinPower View mobile applications ("Support Services"). Use of Support Services is governed by the policies and programs described in the Documentation, and/or other Phoenixtec-provided materials. Any supplemental materials provided to you as part of the Support Services shall be considered part of the WinPower View mobile applications, as applicable, and subject to the terms and conditions of this Agreement.
No Warranty. TO THE EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WINPOWER VIEW MOBILE APPLICATIONS IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT OF THE WINPOWER VIEW MOBILE APPLICATIONS IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WINPOWER VIEW MOBILE APPLICATIONS AND ANY SERVICES PERFORMED OR PROVIDED BY OR IN CONNECTION WITH THE WINPOWER VIEW MOBILE APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL BUGS AND FAULTS AND WITHOUT WARRANTY OF ANY KIND. PHOENIXTEC, ITS AFFILIATES, SUBSIDIARIES, AND AUTHORIZED REPRESENTATIVES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH RESPECT TO THE WINPOWER VIEW MOBILE APPLICATIONS AND ANY SERVICES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, SECURITY, COMPLETENESS, TIMELINESS, ACCURACY, QUIET ENJOYMENT, TITLE, FREEDOM FROM COMPUTER VIRUSES, AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NEITHER PHOENIXTEC, NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES, WARRANT THAT THE FUNCTIONS OR SERVICES CONTAINED IN, ACCESSED FROM, PERFORMED BY, DISPLAYED ON, LINKED TO/FROM, OR PROVIDED BY, THE WINPOWER VIEW MOBILE APPLICATIONS WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WINPOWER VIEW MOBILE APPLICATIONS OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, SECURE, OR THAT DEFECTS OR ERRORS IN THE WINPOWER VIEW MOBILE APPLICATIONS OR SERVICES WILL BE CORRECTED, OR THAT THE WINPOWER VIEW MOBILE APPLICATIONS WILL BE COMPATIBLE WITH ANY SYSTEM, OR THAT THE WINPOWER VIEW MOBILE APPLICATIONS WILL BE FREE FROM WORMS, VIRUSES, MALWARE, TROJAN HORSES, OR OTHER HARMFUL OR DISABLING COMPONENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PHOENIXTEC, ITS AFFILIATES, SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. YOU ASSUME THE ENTIRE COST OF ANY AND ALL NECESSARY REPAIRS IN THE EVENT YOU EXPERIENCE ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE WINPOWER VIEW MOBILE APPLICATIONS OR ANY RELATED GOODS OR SERVICES. IF YOU ARE DISSATISFIED WITH THIS AGREEMENT, THE WINPOWER VIEW MOBILE APPLICATIONS AND/OR ANY RELATED GOODS OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WINPOWER VIEW MOBILE APPLICATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL PHOENIXTEC OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS AND/OR BUSINESS PARTNERS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THE WINPOWER VIEW MOBILE APPLICATIONS, BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, STATUTORY, PUNITIVE, ACTUAL, LIQUIDATED, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF PRODUCTION, LOSS OF GOODWILL, INTELLECTUAL PROPERTY INFRINGEMENT, BUSINESS INTERRUPTION OR LOSS OF USE, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WINPOWER VIEW MOBILE APPLICATIONS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF PHOENIXTEC OR THE AFOREMENTIONED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF PHOENIXTEC OR THE AFOREMENTIONED PARTIES, REGARDLESS OF THE TYPE OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF $100.00 OR THE AMOUNT THE AUTHORIZED PARTY PAID TO PHOENIXTEC AND/OR THE AFOREMENTIONED PARTIES FOR THE APPLICABLE GOODS OR SERVICES OUT OF WHICH THE LIABILITY AROSE.
Indemnification. You agree to indemnify, defend, and hold harmless Phoenixtec, including its officers, directors, employees, affiliates, subsidiaries, agents, licensors, representatives, attorneys, business partners, and respective successors and assigns (“Indemnified Parties”) from and against any and all claims, demands, actions, liabilities, judgments, awards, losses, damages, costs and expenses (including reasonable attorneys' fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages), Phoenixtec or any of the Indemnified Parties suffer in relation to, arising from, or from the purpose of avoiding, any claim or demand from a third party that relates to your: (a) breach or violation of this Agreement; (b) infringement, misappropriation or any violation of the rights of any other party from use of the WinPower View mobile applications in violation of this Agreement; (c) violation or non-compliance with any applicable law, rule, guidelines, acts, decrees, orders or regulations; (d) use, alteration or export of the WinPower View mobile applications (or any component thereof) in violation of this Agreement; and (e) the use of the WinPower View mobile applications by you or any person using your account. Phoenixtec and its affiliates reserve the right to assume the exclusive defense and control of any claims or actions subject to indemnification by you and all negotiations for its settlement or compromise, and you agree to fully cooperate with Phoenixtec and its affiliates upon request by Phoenixtec.
By accepting this Agreement, you waive and hold harmless Phoenixtec from any claims resulting from any action taken by Phoenixtec during or as a result of Phoenixtec’s investigation and/or from any actions taken as a consequence of investigations by either Phoenixtec or law enforcement related to your use of the WinPower View mobile applications.
Amendments to this Agreement. Phoenixtec may modify, add or remove any of the terms and conditions of this Agreement at its sole discretion at any time without prior notice. Your continued use of the WinPower View mobile applications after such modifications are made to the Agreement will mean that you accept and agree to be bound by and comply with such changes and updates.
Registration. You may need to register the WinPower View mobile applications. You must have a valid account with a username and password (“Credentials”). You are responsible for maintaining the confidentiality of your Credentials, and for ensuring that each password is only used by employees granted access to the WinPower View mobile applications on your behalf. You are liable for all transactions and other activities carried out under your Credentials. You agree to promptly notify Phoenixtec if any password is lost, stolen, disclosed to an unauthorized party, or otherwise may have been compromised. You agree to immediately notify Phoenixtec of any unauthorized use of your account or any other breach of security in relation to the WinPower View mobile applications known to you.
[Privacy Policy. Your registration, access and use of the WinPower View mobile applications is governed by the Privacy Policy located at https://www.phoenixtecpower.com/policies-and-statements.html. The WinPower View mobile applications Privacy Policy is hereby fully incorporated by this reference into this Agreement.]
Confidential Information. All information provided in WinPower View mobile applications is Phoenixtec’s confidential information. You agree that you will not use or disclose Phoenixtec’s confidential information without the prior written consent of Phoenixtec, except to share it with your employees who have a need to know the information and are bound by a duty of confidentiality covering the information that is at least as restrictive as the obligations in this Agreement.
Except for personally identifiable information, the use and disclosure of which is addressed in the Privacy Policy for the WinPower View mobile applications, any and all information and content provided by you to Phoenixtec is provided on a non-proprietary and non-confidential basis, regardless of whether the information or content is marked or otherwise identified as confidential or proprietary. You agree that Phoenixtec has a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display any provided information or content for the purpose of operating and/or marketing the Services or any related services rendered by Phoenixtec. This license includes any right of publicity rights that may be present in the provided information or content.
Intellectual Property. Other than the exceptions referenced in this Agreement and noted elsewhere, all content provided through the WinPower View mobile applications is the sole and exclusive property of Phoenixtec including, but not limited to, all trade names, service marks, trademarks, logos, text, data, documents, messages, pictures, images, video, audio, graphics, links, software and its underlying code, domain names, or other electronic files (referred to hereafter as “Phoenixtec Content”).
Certain elements of the WinPower View mobile applications including, but not limited to, text, graphics, photos, images, video, audio, color selections, organization and layout, are copyright protected under United States and international copyright laws. Any Phoenixtec Content protected by intellectual property laws may not be copied, republished, posted, modified, edited, transmitted, distributed, used to create derivative works of, or reverse engineered without Phoenixtec’s written permission. No information, data, documents, or records found through the WinPower View mobile applications shall be made available as part of a website, app or online location, whether by hyperlink, framing on the internet or otherwise, without the express written consent of Phoenixtec.
You acknowledge that you have no right, title or interest in or to the WinPower View mobile applications and/or any Phoenixtec Content. PHOENIXTEC and WinPower View are trade names and/or marks owned exclusively by Phoenixtec. You shall not use any trade names or marks that are confusingly similar in Phoenixtec’s sole opinion without the prior written consent of Phoenixtec, which may be withheld in its sole discretion. Nothing in this Agreement and nothing found through the WinPower View mobile applications shall be construed as a license to use any of Phoenixtec’s trademarks, patents, copyrights, or other intellectual property rights.
There may be other content located in the WinPower View mobile applications that is not owned by Phoenixtec, and you should respect those property rights as well. All rights not expressly granted herein are reserved to Phoenixtec.
Termination or Suspension. This Agreement is effective for an unlimited duration unless and until terminated as set forth herein. Phoenixtec reserves the right to terminate your access to the WinPower View mobile applications for any violation of this Agreement, and in those circumstances, all rights under the license granted shall terminate automatically without notice from Phoenixtec. If Phoenixtec suspends or terminates your account under this Agreement, you acknowledge that all information and content associated with such account will no longer be available to you. Upon termination of this Agreement, you shall cease all use of the WinPower View mobile applications, and destroy all copies, full or partial, thereof. Any provision of this Agreement which by its nature must survive the termination of this Agreement in order to give effect to its meaning shall survive such termination.
Miscellaneous. If any provision hereof becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable, or void, this Agreement will continue in full force and effect without said provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. No failure or delay by Phoenixtec or its affiliates to exercise any right or enforce any obligation shall impair or be construed as a waiver or ongoing waiver of that or any other right or power. Waiving one breach will not be construed to waive any succeeding breach. All waivers must be in writing and signed by the party waiving rights. No provisions in purchase orders, or in any other business forms employed by you, will supersede the terms and conditions of this Agreement.
Export Rules and U.S. Government Restricted Rights. You agree not to provide access to or use of the WinPower View mobile applications to any citizen of a country to which access or use thereof is barred, or to which exports or shipments are barred, or to anyone on the U.S. Treasury Department’s list of Specially Designated National or the U.S. Department of Commerce Denied Person’s List or Entity List or any other restricted parties lists by the United States government. Further, you will not shop, transfer or export the WinPower View mobile applications into any country or use the WinPower View mobile applications in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the WinPower View mobile applications is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen of, or otherwise located within, an embargoed nation and that you are not otherwise prohibited under the Export Laws from receiving access to or using the WinPower View mobile applications. All rights to access and use of the WinPower View mobile applications are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.
If the WinPower View mobile applications is licensed to agencies of the U.S. Government, the WinPower View mobile applications is a "commercial item" as that term is defined at 48 C.F.R. § 2.101, consisting of "commercial computer software" and "commercial computer software documentation", as such terms are used in 48 C.F.R. § 12.212, and is provided to the U.S. Government only as a commercial end item. Consistent with 48 C.F.R. § 12.212 and 48 C.F.R. §§ 227.7202-1 through 227.7202-4, all U.S. Government End Users acquire the WinPower View mobile applications with only those rights set forth herein.
Compliance with License and Laws. You shall comply with all federal, state, local and foreign laws, regulations, rules and ordinances pertaining to the license granted to you under this Agreement. If any part of this Agreement is determined to violate any applicable federal, state, local or foreign laws, rules or regulations, then the remaining provisions of this Agreement shall remain in full force and effect and shall be enforced to fullest extent permitted by law.
Governing Law and Interpretation. To the extent not prohibited by law, you agree that this Agreement and all disputes, claims, actions, suits or other proceedings arising hereunder shall be governed by, and construed in accordance with, the substantive law of the State of Ohio applicable to contracts wholly made and to be performed within the State of Ohio, and to irrevocably submit to the sole and exclusive jurisdiction of the courts of Ohio or the Federal courts of the Northern District of Ohio, and to irrevocably consent to the exercise of personal jurisdiction by such courts and waive any right to plead, claim or allege that Ohio is an inconvenient forum.
Agreement. This Agreement constitutes the entire agreement between you and Phoenixtec regarding the use of the WinPower View mobile applications and supersedes any prior or contemporaneous understandings and agreements between you and Phoenixtec related to its subject matter.
If you have any questions regarding this Agreement, you may contact Phoenixtec at:
Phoenixtec MMPL Co., Ltd
Attention: Global Data Protection and Privacy Office
114, XiWan Rd., Sec. 2, New Taipei City, Taiwan, 22179
dataprotection@phoenixtecpower.com
