This agreement is the End User License Agreement (hereinafter referred to as this "Agreement" or "EULA") between You (an individual, company, or any other entity) and Huawei for the use of the Huawei Software (see Section 1.2 of this Agreement). Please read this Agreement carefully, your use of the Huawei Software will be deemed as your acceptance of the constraints mentioned in this Agreement.
1.1 Please read this Agreement carefully before You download or install or use the Huawei Software mentioned in this Agreement. Your downloading or installing or use of the Huawei Software will be deemed as your acceptance of the constraints mentioned in this Agreement. Otherwise, please do not download or install or use the Huawei Software. You may return your Huawei Software to the Huawei partner or Huawei where You made the purchase within thirty (30) days after your initial purchase. However, You should be aware that refunds may be subject to your agreement with Huawei Partner and the relevant laws and regulations of the country/region of purchase. The previous paragraph does not apply where You have expressly agreed to this Agreement as part of a transaction between You and the sales entity (Huawei partner, Huawei and/or its Affiliates where You made the purchase).
1.2 Huawei Software under this Agreement refers to: ①pure software that can be run on general hardware platforms instead of special ones; ②the software components provided to You with a Huawei device, including but not limited to the codes as well as other embedded software, documents, interfaces, content, fonts, and any data stored on it that is protected by copyright held by Huawei or its licensor; ③updates or upgrades to the software mentioned in ① and ②. The Huawei Software excludes the Open Source Software Components. The Huawei Software under this Agreement shall be bound by it, whether it is stored in a read-only memory or any other media or form or it is from an online download location authorized by Huawei, unless otherwise agreed upon.
2.1 Except where agreed in writing with Huawei, You are granted a nonexclusive, revocable, nontransferable and nonsublicensable and limited right to access and use the Huawei Software in accordance with the terms and conditions of this Agreement. (hereinafter referred to as "Right to use").
3.1 You may not use Huawei technology or Huawei intellectual property to develop software or design, develop, manufacture, sell, or license third-party devices/accessories associated with Huawei devices without Huawei's prior consent.
3.2 You may not sell, transfer, rent, lease, lend, sublicense or distribute the entirety or part of the Huawei Software to any third party without prior written permission from Huawei.
3.3 Except as otherwise expressly permitted, You shall not, nor allow any other person to copy, reverse engineer, decompile, disassemble or create derivatives of the Huawei Software. In addition, You shall not, nor allow others to, or attempt to export the source code of the Huawei Software, or decode or modify the Huawei Software or any part of the Huawei Software or the services that it provides.
3.4 You agree not to use the Huawei Software and related update content to engage in the following activities: (1) copy or use any part of the Huawei Software beyond the scope of this Agreement; (2) provide to third parties, or allow third parties to use the whole or part of the Huawei Software without obtaining Huawei's written consent (including but not limited to apps, services, code, and source code); (3) use the Huawei Software in a deceptive way or for deceptive purposes; (4) remove any copyright declarations or prompts contained in the Huawei Software; (5) attempt to destroy, bypass, change, invalidate or escape from the Huawei Software and/or any digital rights management system that is part of the organic composition of the Huawei Software; (6) perform other improper or illegal acts.
3.6 Products have lifecycles and would eventually exit the market due to various factors such as market demand, technological innovation and development, the launch of more competitive products, etc. Considering the possible impact of product lifecycle termination on customer networks, Huawei Enterprise has developed a unified end of life policy to help customers better manage the transition due to product end-of-life and understand the role Huawei can play in assisting with migration to alternative platforms and technologies, and other high-quality products and services that Huawei can continue to provide to customers. Huawei product (including software) lifecycle regulation is subject to the Product End of Life Policy, which can refer to the URL address of Huawei official website: https://support.huawei.com/ecolumnsweb/en/warranty-policy.
3.7 One of Huawei key development strategies is to uphold the continuous construction and full implementation of the "end-to-end global cyber security assurance system." As such, Huawei have established a sustainable and reliable vulnerability management system, which covers policies, organizations, processes, management, technologies, and specifications. Furthermore, Huawei continue to address challenges together with external stakeholders in an open manner. Huawei Vulnerability Management Principles can refer to the URL address of Huawei official website: https://www.huawei.com/en/psirt/vul-response-process .
3.8 If You use the Huawei Software together with third-party products, You are responsible for complying with any third-party provider terms. Huawei does not support or guarantee the third-party products and the compatibility with Huawei Software.
4.1 Except where otherwise agreed in writing among Huawei and You, nothing in this EULA transfers ownership in, or grants any license to, any intellectual property rights. You retain any ownership of Your content and Huawei retains ownership of the Huawei Software and Huawei Content.
5.1 Representations. Each Party represents that it has validly entered into this Agreement and it has the legal power and authority to do so. You may permit Authorized Third Parties to exercise the Usage Rights on your behalf, provided that You are responsible for (a) ensuring that such Authorized Third Parties comply with this EULA and liable for (b) any breach of this EULA by such Authorized Third Parties.
5.2 DISCLAIMERS. TO THE EXTENT PERMITTED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO WARRANTIES, WHETHER EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WARRANTEIS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OR FIRNESS FOR A PARTICULAR PURPOSE. HUAWEI DOES NOT WARRANT THAT THE SOFTWARE WILL BE PERFORMED EFFOR-FREE OR UNINTERRUPTED. DUE TO THE CONTINUOUS DEVELOPMENT OF NEW TECHNOLOGIES FOR NETWORK INTRUSION AND ATTACK, HUAWEI DOES NOT GUARANTEE THAT PRODUCTS OR SOFTWARE (INCLUDING BUT NOT LIMITED TO THIRD-PARTY SOFTWARE OR OPEN-SOURCE SOFTWARE) AND SYSTEMS OR NETWORKS USING HUAWEI PRODUCTS OR SOFTWARE ARE FREE FROM ANY SECURITY VULNERABILITIES. HUAWEI DOES NOT GUARANTEE THAT ALL IDENTIFIED SECURITY VULNERABILITIES WILL BE FIXED.
6.1 LIMITATION OF LIABILITES. HUAWEI’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED (a)THE FEES RECEIVED BY HUAWEI FOR THAT SOFEWARE;(b) THE PERIOD LIABILITY OF TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY.
6.2 DIRECT LOSS ONLY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF REVENUES, PROFITS, OPPORTUNITIES, CUSTOMERS, GOODWILL, REPUTATION, DATA OR DATA USE), EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.1 You ensure that your use, export, and re-export of Huawei Software shall comply with all applicable international or national export control, sanctions, and anti-sanctions regulations, orders, and other relevant measures.
8.1 This Agreement is effective from the date when You accept, and remains in force during your use of Huawei Software. You may terminate this Agreement at any time by permanently deleting, destroying and returning, at your own cost, the software, all backup copies and all related materials provided by Huawei. Huawei or its licensors may terminate this Agreement at any time without notice if You fail to comply with any terms or conditions of this Agreement. Once it is terminated, You must stop using this Huawei Software and delete all the Huawei Software and associated materials which have already been copied and/or installed immediately. Article 3(Limitations of Use), Article 4 (Ownership), Article 6 (Limitation of Liability) and Article 7 (Export Control) shall remain effective after the termination of this Agreement.
9.1 Non-assignment. You may not assign or otherwise transfer all or part of this Agreement to any third party, including your affiliates, without Huawei’s prior written consent.
9.2 Partner Transactions. If You purchase Huawei Software from Huawei Partner, the terms of this EULA apply to your use of that Huawei Software and prevail over any inconsistent provisions in your agreement with the Huawei Partner.
9.3 Force Majeure. Neither Party shall be liable for any delay for failure to perform this Agreement caused by force majeure event beyond reasonable control, including but not limited to acts of God, earthquake, storms, act of war, hostility, sabotage, act of governmental order electrical, internet or telecommunication outage, blockages, embargoes, riots. Both Parties will use reasonable efforts to mitigate the effect of a force majeure event. If such event continues for more than ninety (90) days, either Party may cancel unperformed Huawei Software and the affected orders upon thirty (30) days prior written notice. This section does not excuse your payment obligations hereunder.
9.4 Governing Law. This Agreement shall be construed, understood and governed in accordance with the laws of the People's Republic of China. If any dispute arises concerning the content or performance of this Agreement, the dispute shall be settled through friendly negotiation. In the event that the dispute cannot be settled through negotiation, either party could submit the dispute to the People's Court with jurisdiction in Longgang District, Shenzhen.
9.5 Entire Agreement. This Agreement incorporates the documents and policies by reference (including reference to information contained in a URL or referenced policy), and is the entire agreement between You and Huawei regarding your use of the Huawei Software. This Agreement supersedes all prior or contemporaneous representations, communications, understandings and agreements between You and us, whether in written or oral, regarding the Huawei Software. You may also be subject to additional terms and conditions that may apply when you use or purchase open source software, third-party content, or other Huawei services.
9.6 Changes and Modifications. Huawei may modify this Agreement, including the documents and policies reference herein, at any time at Huawei’s discretion by posting a revised version on Huawei’s official Website or by otherwise notifying you. Except otherwise indicated in the modified agreement, documents or polices, the modified terms will come into effect upon posting or notification. You will review such terms regularly on the Huawei’s official Website. Your continuous use of the Huawei Software after the effectiveness of such modification will be deemed as your acceptance to the modified terms.
Release date: August,5th 2023