End-User License Agreement
(EULA)
Generally.
Transcend Information, Inc.
("Transcend") is willing to grant the following license to use the
software and/or firmware (“Licensed Software”) pursuant to this End-User
License Agreement (“Agreement”), whether provided separately or associated with
a Transcend product (“Product”), to the original purchaser of the Product upon
or with which the Licensed Software was installed or associated as of the time
of purchase ("Customer") only if Customer accepts all of the terms
and conditions of this Agreement. PLEASE READ THESE TERMS CAREFULLY. USING THE
LICENSED SOFTWARE WILL CONSTITUTE CUSTOMER'S ACCEPTANCE OF THE TERMS AND
CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS
OF THIS AGREEMENT, DO NOT INSTALL OR USE THE LICENSED SOFTWARE.
License Grant.
Transcend grants to Customer a
personal, non-exclusive, non-transferable, non-distributable, non-assignable,
non-sublicensable license to use the Licensed Software on the Product in
accordance with the terms and conditions of this Agreement.
Intellectual Property Right.
As between Transcend and
Customer, the copyright and all other intellectual property rights in the
Licensed Software are the property of Transcend or its supplier(s) or
licensor(s). Any rights not expressly granted in this Agreement are reserved to
Transcend.
License Limitations.
Customer may not, and may not
authorize or permit any third party to: (a) use the Licensed Software for any
purpose other than in connection with the Product or in a manner inconsistent
with the design or documentations of the Licensed Software; (b) license,
distribute, lease, rent, lend, transfer, assign or otherwise dispose of the
Licensed Software or use the Licensed Software in any commercial hosted or
service bureau environment; (c) reverse engineer, decompile, disassemble or
attempt to discover the source code for or any trade secrets related to the
Licensed Software, except and only to the extent that such activity is expressly
permitted by applicable law notwithstanding this limitation; (d) adapt, modify,
alter, translate or create any derivative works of the Licensed Software; (e)
remove, alter or obscure any copyright notice or other
proprietary rights notice on the Licensed Software or Product; or (f)
circumvent or attempt to circumvent any methods employed by Transcend to
control access to the components, features or functions of Licensed Software or
the Product.
Copying.
Customer may not copy the
Licensed Software except that one copy of any separate software component of
the Licensed Software may be made to the extent that such copying is necessary
for Customer's own backup purposes.
Disclaimer.
TRANSCEND MAKES NO WARRANTY AND REPRESENTATIONS ABOUT
THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL
COMPONENTS AND ACCURACY OF THE INFORMATION,
LICENSED SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN
THE LICENSED SOFTWARE FOR ANY
PURPOSE. ALL SUCH INFORMATION, LICENSED
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TRANSCEND HEREBY
DISCLAIMS ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, LICENSED SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE,
WORKMANLIKE EFFORT, TITLE, AND
NON-INFRINGEMENT.
IN NO EVENT SHALL TRANSCEND BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTION WITH THE USE, PERFORMANCE OR
ACCURACY OF THE LICENSED SOFTWARE OR
WITH THE DELAY OR INABILITY TO USE THE LICENSED SOFTWARE, OR THE PRODUCT WITH WHICH THE
LICENSED SOFTWARE IS ASSOCIATED, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
TRANSCEND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability.
IN ANY CASE, TRANSCEND'S
LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED
TO THE TOTAL AMOUNT ACTUALLY AND ORIGINALLY PAID AT RETAIL
BY CUSTOMER FOR THE PRODUCT. The foregoing Disclaimer and
Limitation of Liability will apply to the maximum extent permitted by
applicable law. Some jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages, so the exclusions and limitations set
forth above may not apply.
Privacy.
Transcend may collect, process and use your personal information and/or non-personal information through Firebase Analytics, Facebook API or otherwise.
Learn more details about Transcend’s
Privacy Policy: https://www.transcend-info.com/Legal/?no=1.
Learn about what and why personal information and/or
non-personal information would be collected when you use the Licensed Software : https://www.transcend-info.com/Legal/?no=18.
Facebook API
Data we
collect
We collect data when users create their StoreJet Cloud accounts. This only include their email address.
How we are
processing your data and The purpose of the app processing that data
Your email account and such access database would be binded for the purpose of automatic login to the device.
How users may request deletion of that data
Please feel free to contact us at
techsupport@transcend-info.com;
if you want the data to be removed.
For more information about StoreJet Cloud App:
https://help.storejetcloud.com/Facebook/;
Termination.
Transcend may, in addition to
any other remedies available to Transcend, terminate this Agreement immediately
if Customer breaches any of its obligations under this Agreement.
Miscellaneous.
(a) This Agreement constitutes
the entire agreement between Transcend and Customer concerning the subject
matter hereof, and it may only be modified by a written amendment signed by an
authorized executive of Transcend. (b) This Agreement will be governed by the
laws of the Republic of China, excluding its conflict of law provisions. (c) If
any part of this Agreement is held invalid or unenforceable, and the remaining
portions will remain in full force and effect. (d) A waiver by either party of
any term or condition of this Agreement or any breach thereof, in any one
instance, will not waive such term or condition or any subsequent breach
thereof. (e) Transcend may assign its rights under this Agreement without
condition. (f) This Agreement will be binding upon and will inure to the
benefit of the parties, their successors and permitted assigns.