Wondershare Software END USER LICENSE AGREEMENT

WONDERSHARE PRIVACY POLICY

1. Data controller and representative

Through its website (the “Website”) and its desktop applications and mobile applications (the “Application”), Wondershare implements the processing of personal data listed below. Michael Pohl （pohl.m@wondershare.de） is the designated representative of Wondershare in EU in accordance with the Regulation No. 2016/679 on the protection of natural persons with regard to the processing of personal data (the “GDPR”).

Please read carefully the following privacy policy which provides you, as the user of the Website and/or Application (the “User” or “You”), with the relevant information regarding the various processing of personal data implemented by Wondershare, in accordance with GDPR.

2. Data processing implemented by Wondershare

2.1 Processing of personal data related to your visit to our website and the purchase and use of our products

When the User visits to our Website, or purchases a Wondershare product through the Website or the Application, or use our products, Wondershare implements a processing of personal data as follows:

2.1.1 Personal data collected

Regarding this processing, Wondershare collects the following personal data through the collection forms in the ordering process or other processes.

- Name;
- Gender;
- Age;
- Email address;
- Address;
- Country;
- Postal code;
- Phone number;
- Company name and industry you work for;
- Order information, such as the products you purchase, date and amount of the order;
- Payment information such as Credit card information (type, number, expiration date, CVV security code)/debit card information or other payment/billing information.
- Information we get from your visit to our websites. We collect information about how you visit our websites (including the webpage that led you to a Wondershare website, the search terms entered into a search engine which led you to a Wondershare website);
- Information we get from your use of our products. We collect information about the products that you use and how you use them and your local device information, including but not limited to your device information, operating system, user name, your Wondershare ID, location, IP address, operating log information, crash reports and the information and format of the files you are working with(with your additional consent);
- your product serial number;
- Content of customer support communications.

2.1.2 Purpose and legal basis of the processing

Wondershare uses the information we collect about you for the following purposes:
In order for Wondershare to provide the User with the ordered product(s);
For the performance of a contract to which the User is party, in accordance with Article 6.1.b of the GDPR and the collected data are necessary in order for Wondershare to identify and bill the User and to charge its bank card number;
For Verifying your identity and Providing customer service or support;
Analyze your use of our websites and products to better understand how they are being used so we can improve our services and the user experience and engage and retain users.

2.1.3 Recipients of the personal data

We may also transmit your personal information with companies that help us to run our business by processing personal information on behalf of us for the purposes identified above. Such companies include providers of payment processing services, server services providers, data analysis services providers, fraud monitoring and prevention providers, email delivery service providers, social media, and other marketing platforms and service providers.
In addition, Wondershare may disclose the User’s personal data:
- if Wondershare is under a duty to disclose or share such personal data in order to comply with any legal obligation, or in order to protect the rights, property or safety of its business, its customers or others; and
- to successors in title or replacement operators of all or part of Wondershare’s respective businesses.

2.1.4 Transfer of personal data

The collected personal data may be transferred by Wondershare to recipients which are located outside the European Union and such destinations may not have laws which protect the User’s personal data to the same extent as in the European Union.

Wondershare ensures that the User’s personal data processed by Wondershare or by its suppliers and partners operating outside the European Union are treated securely and are protected against unauthorized access, loss or destruction, unlawful processing and any processing which is inconsistent with the purposes set out in this privacy policy.

Please find below the relevant information on transfer:

- Wondershare may transfer the collected information to third party payment processors to complete the charge process;
- Wondershare may transfer the collected information to providers of third party email delivery service to send promotion emails, or to other marketing platforms and service providers to complete relevant service;
- Wondershare may use third party track tools (such as Adwords, Bing, bugsplat, Criteo, disqus, fabric, Facebook, FireBase, Flurry, Google Analytics, Hotjar, LinkedIn, Pardot, Quora, JPUSH) to track the information on how users use the products and websites, such information will be stored in third party servers. Such third party track tools may send the data analysis report to Wondershare for Wondershare’s above mentioned purpose;
- Wondershare may store the collected information on the servers leased from providers of third party server service.

2.1.5 Duration of the storage

Wondershare will store the collected personal data for the duration of the contract and 60 days after the termination of the contract. Beyond this duration, in order for Wondershare to be able to demonstrate the existence of a right or a contract or a legal obligation, the relevant personal data will be stored through intermediary archives for a duration that will not exceed what is strictly necessary regarding the purpose of the storage and in accordance with the applicable legislation.

Regarding banking information, said information will be deleted once the payment has been processed and has become effective. Withdrawal time period could additionally apply. The number and the expiration date of the credit card number (not the CVV security code) could be stored through intermediary archives for evidence purposes in case of a claim regarding the payment, for the duration provided by Article L. 133-24 of the French Monetary and Financial Code (13 months or 15 months in case of deferred charge card).

2.2 Processing of personal data related to comments areas

When the User decides to comment a Wondershare product through the Website or the Application, Wondershare implements a processing of personal data as follows:

2.2.1 Personal data collected

Regarding this processing, Wondershare collects the following personal data:

- Email address;
- Name or nickname;
- profile photo;
- Other potential personal information provided by the User through its comment (age, location, etc.);
- The content of your comment.

2.2.2 Purpose and legal basis of the processing

This processing is implemented by Wondershare in order to improve its products and provide the consumers and potential consumers with a better and transparent information about the Wondershare products. Said comments and the related personal data are provided by the User on a voluntary basis so that the processing of the collected personal data relies on the User’s consent.
Wondershare may use the comments (with your relevant information) you post for marketing purpose in order for others to better understand and use our products.

2.2.3 Recipients of the personal data

Wondershare may transmit the collected personal data to third party email delivery service providers, social medias, other marketing platforms and service providers .

2.2.4 Transfer of personal data

The collected personal data are transferred by Wondershare to recipients which are located outside the European Union and such destinations may not have laws which protect the User’s personal data to the same extent as in the European Union.

Please find below the relevant information on transfer:

- Wondershare may transfer the collected information to providers of third party email delivery service to send promotion emails, to other marketing platforms and service providers to complete relevant service.
- Wondershare may store the collected information on the servers leased from providers of third party server service.

2.2.5 Duration of the storage

Wondershare will store the collected personal data for not more than 5 years after the collection.

2.3 Processing of personal data related to newsletters and advertising emails

The User may want to subscribe to Wondershare’s newsletter in order to be provided with information and news regarding Wondershare products. In this case, Wondershare implements a processing of personal data as follows:

2.3.1 Personal data collected

Regarding this processing, Wondershare only collects your provided information such as the User’s email address, name or nickname, country, preferred product, and your operation to the promotion emails.

2.3.2 Purpose and legal basis of the processing

Wondershare implements the processing of personal data in order to provide consumers and potential consumers with information and news regarding Wondershare products.
The subscription to Wondershare’s newsletter and the related provision of personal data is made on a voluntary basis so that the processing of the collected personal data relies on the User’s consent.

2.3.3 Recipients of the personal data

Wondershare may transmit the collected personal data to providers of email delivery service and other service providers such as data analysis providers and server providers.

2.3.4 Transfer of personal data

Please find below the relevant information on transfer:

- Wondershare may transfer the collected information to providers of email delivery service providers to send newsletters or promotion emails.
- Wondershare may store the collected information on the servers leased from providers of server service.
- Wondershare may use third party track tools(such as Google Analytics) to track the information on the user’s operation to the advertising emails, such information will be stored in third party servers. Such third party track tools may send the data analysis report to Wondershare for Wondershare’s above mentioned purpose.

2.3.5 Duration of the storage

Wondershare will store the collected personal data for 3 years from their collection or from the last contact from the User (whichever is later).
At the end of this 3 years time period, Wondershare may contact the User in order to know if the User wishes to keep receiving commercial information from Wondershare. In case Wondershare would not receive any positive and explicit answer from the User, the personal data would be deleted or archived in accordance with the applicable legislation.

2.4 Cookies and trackers

When the User consults the Website and/or the Application, Wondershare implements cookies and other trackers on the User’s device.

For additional information on cookies and trackers, please read Wondershare’s cookies policy

3. User’s rights

To the extent required by the law of your jurisdiction, you may have below rights. Before you exercise below rights, you may consult your legal counsel if the laws of your jurisdiction stipulate below rights.

Rights	Content
The right to be informed	The User has the right to be provided with clear, transparent and easily understandable information about how Wondershare collects and uses personal data and its rights. This is the reason why Wondershare is providing the User with the information in this privacy policy.
The right of access	The User has the right to obtain access to its personal data (if Wondershare is processing it), and other certain information (similar to that provided in this privacy policy).
The right to rectification	The User is entitled to have its personal data corrected if it’s inaccurate or incomplete.
The right to erasure	This ‘the right to be forgotten’ enables the User to request the deletion or removal of its personal data where there’s no compelling reason for Wondershare to keep using it. This is not a general right to erasure; there are exceptions.
The right to restrict processing	Under certain circumstances, the User has the rights to ‘block’ or suppress further use of its personal data.
The right to data portability	The User has the rights to receive its personal data provided to Wondershare in a structured, commonly used and machine readable format and has the right to transmit those data to another controller.
The right to object to processing	The User has the right to object, on grounds relating to its particular situation, at any time, to the processing of its personal data.
The right to lodge a complaint	The User has the right to lodge a complaint about the way Wondershare handles or processes its personal data with its national supervisory authority (in France, the CNIL).
The right to withdraw consent	If the user has given its consent for a specific processing of its personal data implemented by Wondershare, the User has the right to withdraw its consent at any time. In case the User does so, it does not mean that anything Wondershare has done with the User’s personal data with its consent up to that point is unlawful).
The right to define instructions	The User has the right to define general or specific instructions regarding storage, deletion and use of its personal data after death.

4. Revision of this Privacy Policy

Occasionally, we may change this privacy policy (or other documents related to privacy policy) to allow Wondershare to use or share your personal data in a different way. If we do, the links to the policy on our websites (which are generally found in the footer of the website) will indicate that the policy has been changed. For new users, the change will become effective upon posting. For existing users, if the change is significant, it will become effective 30 days after posting. We encourage you to periodically review the privacy policy for the latest information on our privacy practices.

5. Contacting Wondershare

If the User needs to contact Wondershare for any reason (including to exercise any of its rights in relation to data protection as set out above) please contact privacy@wondershare.com.
Wondershare will act on the User’s requests and provide information free of charge, except where the requests are manifestly unfounded or excessive (in particular because of their repetitive nature) in which case Wondershare may charge a reasonable fee (taking into account the administrative costs of providing the information or communication, or taking the action requested), or refuse to act on the request.

Wondershare Software
END USER LICENSE AGREEMENT

IMPORTANT: THIS IS A LICENSE, NOT A SALE

This Wondershare Software End User License Agreement (Agreement or License or EULA) is between the end user (hereinafter referred to as You or Licensee), and Wondershare Technology Group Co., Ltd, Wondershare Software Co., Ltd and its subsidiaries Vbroadcast Limited, Wondershare Technology Co., Limited and other related companies (collectively referred to as Wondershare, or Licensor), the developer and owner of the program and software (hereinafter referred to as Licensed Software or Wondershare Software or Software).

IMPORTANT: WONDERSHARE'S PRIVACY POLICY EXPLAINS HOW WE COLLECT, TREAT YOUR PERSONAL DATA AND PROTECT YOUR PRIVACY WHEN YOU USE OUR SOFTWARE AND SERVICES. BY USING OUR SOFTWARE AND SERVICES, YOU AGREE THAT WONDERSHARE CAN USE SUCH DATA IN ACCORDANCE WITH OUR PRIVACY POLICY. YOU ALSO AGREE TO BE BOUND BY THE PRIVACY POLICY OR PRIVACY NOTICE PUBLISHED BY WONDERSHARE ON ITS WEBSITE. BY DOWNLOADING, ACCESSING, INSTALLING OR USING THE SOFTWARE, DOCUMENTATION, COLLECTIONS FROM WONDERSHARE EFFECTS STORE (collectively "SOFTWARE"), YOU ALSO AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT.

Please read this agreement carefully before downloading or installing the software. Top attention should be paid to such clauses including but not limited to Article 3, 5, 14, 15, 16, 19. If you disagree with or have any questions concerning this END USER LICENSE AGREEMENT (EULA), please contact Wondershare. Any installing, copying, accessing, or using the Licensed Software by you (the "Licensee") constitutes an acceptance of, and a promise to comply with, all the terms and conditions of this EULA

TERMS AND CONDITIONS:

1. LICENSED SOFTWARE

The "Licensed Software" includes all of the contents of the files, disk(s), CD-ROM(s), DVDs, or other media for which this EULA is provided, including but not limited to: third party computer information or software that the Licensor has licensed for inclusion in the Licensed Software; written materials or files relating to the Licensed Software ("Documentation"); fonts; modified versions, updates, additions, and copies of the Licensed Software, if any.

2. GRANT OF THE LICENSE

Subject to the terms and conditions of this Agreement and your payment of the license fee, Wondershare hereby grants you (an individual) the limited, revocable, personal, non-exclusive, and non-transferable right to download, install and activate the Software on one device solely for your personal, private and non-commercial use, except as otherwise provided in this Agreement or additional EULA. Sharing the Software with others, or allowing others to view the contents of this Software, is in violation of the License. You may not make the Software available over a network, or in any way provide the Software to multiple users, unless you have purchased a multi-user license from Wondershare in advance. Wondershare reserves all rights not expressly granted to You in this Agreement.

Regarding the "Filmora” software, there are two kinds of license, Filmora Individual Plan which are intended for individual use only and Filmora Business Plan which are intended for both individual use and business entity use. You can refer to the ADDITIANL EULA TERMS (FILMORA) for more information.

3. LICENSE RESTRICTIONS

3.1 Licensee may not and agrees not to or enable others to modify, adapt, translate, sublicense, rent, lease, or loan all or any portion of the Licensed Software or Documentation; and

3.2Licensee may not and agrees not to or enable others to create any derivative works from all or any portion of the Licensed Software or Documentation; and Licensee may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Licensed Software; and

3.3 Licensee may not and agrees not to or enable others to use a previous version of the Licensed Software after receiving a media replacement or upgraded version as a replacement to a prior version (in such case Licensee must destroy the prior version); and

3.4 Licensee may not and agrees not to or enable others to use the Licensed Software in the operation of any business, aircraft, ship, nuclear facilities, life support machines, communication systems, or any other equipment in which the failure of the software could lead to personal injury, death, or environmental damage; and

3.5 Licensee may not and agrees not to or enable others to remove or obscure Licensor's copyright or trademark notices, or the copyright and trademark notices of any third parties that Licensor has included in the Licensed Software or Documentation; and

3.6 Licensee may not and agrees not to or enable others to use the Licensed Software to host applications for third parties, as part of a facility management, timesharing, service provider, or service bureau arrangement; and

3.7 Licensee may not install the Licensed Software on other devices after the Licensed Software has been installed on one device without Licensor’s prior consent.

3.8 Licensee may not and agrees not to or enable others to use the Licensed Software in any manner that is illegal or not authorized by this EULA;

4. INSTALLATION

Licensee can only install one copy of the Licensed Software on a single device. The Licensee must be the primary user of the device on which the Licensed Software is installed. This Agreement shall apply to all installations of the Licensed Software. Installation of the Licensed Software on two or more devices is prohibited. The Licensee may purchase and install multiple licenses if Licensee wants to install software on two or more devices. Licensee shall be solely responsible for all expenses incurred in Licensee's installation and use of the Licensed Software.

5. SOFTWARE IMPROVEMENT PROGRAM

Wondershare is committed to helping protect your privacy at all times except as otherwise provided in this Agreement. This statement explains the anonymous data collection process and usage practices for the Software Improvement Program of Wondershare.

In order to provide and improve the software, its features, and user's experience, we will automatically collect, maintain process and use information concerning the way the various modules and functionalities of Wondershare software are being used. Information is also gathered anonymously for the purpose of statistical analysis about Software usage.

We will only use such information for the purpose of providing end users with the best possible software experience. The collected data will not be disclosed, shared, sold, traded or rented to any third parties for marketing purposes. For users who do not wish to enable this service, you may opt-out in the advanced options menu during the installation process.

6. ACTIVATION

The Licensed Software contains technological measures that are designed to prevent its unlicensed or illegal use. The Licensed Software may contain enforcement technology that limits Licensee's ability to install and uninstall the Licensed Software on a machine to no more than a finite number of times, for a finite number of devices and for a defined period in time designated by the purchased License. The Licensed Software may require activation during installation and in the Documentation. If any of such applicable activation procedure(s) is not followed, the Licensed Software may only operate for a finite period of time. If activation is required, but the Licensee doesn't complete activation within the finite period of time set forth in the Documentation or explained during installation, the Licensed Software will cease to function until activation has been completed, by which time functionality will be restored. If Licensee has any problem with the activation process, Licensee may contact the Licensor customer service for support.

7. EVALUATION COPY

Licensee may be granted an evaluation copy of the Licensed Software free of charge for a finite period of time (the "Evaluation Copy"). Certain features and/or functionality of the Licensed Software may be locked or unavailable in the Evaluation Copy. In order to benefit from all features and functionality of the Licensed Software, Licensee have to purchase a valid license activation key. From the moment that Licensee activates Licensed Software with a valid license key, the Evaluation Copy shall cease from being considered an Evaluation Copy and all the terms of this Agreement shall commence to apply in their entirety.

8. TERM

There are several kinds of License which Licensee may choose to purchase. If the Licensee choose to purchase a lifetime license, you may use it until terminated. If you choose to purchase a license for a specific period of time, you can only use it during the specific period. You may terminate the license at any time by destroying the Software, together with all copies thereof. The License will be terminated automatically or otherwise cease to be effective if you fail to comply with any term(s) or condition(s) of this Agreement. You shall destroy and cease using the Software, together with all copies thereof immediately after the termination of the License.

9. LICENSE TRANSFER

Licensee may not rent, lease, lend, sell, assign, sub-license, redistribute or transfer the Licensed Software or the License granted by this EULA without prior written consent of the Licensor.

10. SOFTWARE UPDATES

Licensor may provide Licensee with Software Updates and/or Content Updates from time to time at no charge during the Term of this Agreement. The Licensor may, at its sole discretion, decide if Licensee can get Software Updates and/or Content Updates free of charge or the Licensee has to pay for the Updates. For the purposes hereof, "Update" means a new version of the Licensed Software containing technical modifications, updated information, altered functionality, or any other changes that are intended by Licensor to improve or to add, delete or otherwise modify any aspect of the Licensed Software. "Content Update" shall mean an update of the content used by the Licensed Software that might need to be updated from time to time. If the Licensed Software is an Update to a previous version, Licensee must possess a valid License to the previous version. Any update provided by the Licensor to Licensee is made on a License exchange basis such that Licensee agrees, as a precondition for receiving an Update, that Licensee will terminate all of Licensee's rights to use any previous version of the Licensed Software. However, Licensee may continue to use the previous version only to assist in transitioning to the Updated version. Once an Update has been released, the Licensor may cease service or support for prior versions, without any notice to Licensee. Software Updates and/or Content Updates may be provided via the Licensed Software or on the Licensor websites. This License does not permit Licensee to obtain and use a Software Upgrade and/or a new Licensed Software version. The Licensed Software may require Content Updates in order to work effectively. The Licensor may add new functions, music track, elements, pictures, videos, or delete original functions, music track, elements, pictures, and videos in the Update Software or Upgrade Software.

11. INTELLECTUAL PROPERTY OWNERSHIP

The Licensed Software and any authorized copies that Licensee makes are the intellectual property of, and are owned by, the Licensor, and by third parties whose intellectual property has been licensed to the Licensor. The structure, organization, and code of the Licensed Software are the valuable trade secrets and confidential information of the Licensor and such third parties. ” The Licensed Software is protected by law, including without limitation, the copyright laws of the People's Republic of China and the United States and other countries, and by international treaty provisions. Except as expressly provided in this EULA, Licensee is not granted any intellectual property rights over the Licensed Software. Licensee may not make or publish any public statement concerning the Licensed Software or the Licensor without the prior express written consent of the Licensor.

The Licensee can develop plug-ins properly based on the open interface protocol of the Licensed Software and use them in the licensed software based on licensee’s individual legitimate needs，but firstly licensee must obtain explicit and prior written authorization from Licensor. If Licensee fails to get the aforementioned authorization, all the legal liabilities, including but not limited to any loss of or damage to any third party will be solely born by Licensee.

12. SUPPORT

The Licensor is not obligated by this EULA to provide Licensee with any technical support services relating to the Licensed Software; however, Licensee may request additional support services for an additional charge or get free e-mail support as the Licensor may offer from time to time during the term of this EULA. E-mail support includes business priority technical assistance for installation and troubleshooting, and upgrade and maintenance coverage.

13. TERMINATION BY WONDERSHARE

Subject to the terms and conditions stipulated in Article 8, Wondershare shall be entitled to terminate this EULA immediately upon serving written notice on the Licensee in the following circumstances: if Licensee commits a material breach of any of its obligations under this EULA which is not capable of remedy or if Licensee commits a material breach of any of its obligations under this EULA which is not remedied within fifteen (15) calendar days after receipt of a notice from Wondershare. Termination of this EULA shall not affect any rights, obligations or liabilities of either party which have accrued before termination or which are intended to continue to have effect after termination.

14. NO WARRANTY ON LICENSED SOFTWARE

THE LICENSED SOFTWARE IS PROVIDED TO LICENSEE "AS IS." THE LICENSOR, AND THE LICENSOR SUPPLIERS, AFFILIATES, AGENTS, EMPLOYEES MAKE NO WARRANTY AS TO ITS USE OR PERFORMANCE. THE LICENSOR, AND THE LICENSOR AFFILIATES, MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, EXCEPT FOR, AND TO THE EXTENT, THAT A WARRANTY MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW IN LICENSEE'S JURISDICTION.

SOME FUNCTIONS OF THE LICENSED SOFTWARE (HEREINAFTER REFERRED TO AS “RESTRICTED FUNCTIONS”) ARE ONLY SUPPORTED BY USING THE THIRD PARTY PLUG-INS WHICH HAVE BEEN INSTALLED ON YOUR DEVICE. YOU AGREE THAT IT IS YOU, NOT LICENSOR, WHO ARE USING THE THIRD PARTY PLUG-INS. YOU SHALL NOT USE THE RESTRICTED FUNCTIONS OF THE LICENSED SOFTWARE UNLESS YOU HAVE GOT PROPER AUTHORITY TO USE THE THIRD PARTY PLUG-INS. FURTHERMORE, ALL THE RESPONSIBILITIES OF USING SUCH THIRD PARTY PLUG-INS WILL BE SOLELY BORNE BY YOU.

YOU EXPRESSSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF WONDERSHARE SOFTWARE IS AT YOUR SOLE RISK, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY IS WITH YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WONDERSHARE OR AN AUTHORIZED REPRESENTATIVE SHALL CREAT WARRANTY.

THE SOFTWARE MAY CONTAIN "OPEN SOURCE" MATERIALS (E.G., ANY SOFTWARE SUBJECT TO OPEN SOURCE, COPYLEFT, GNU GENERAL PUBLIC LICENSE, LIBRARY GENERAL PUBLIC LICENSE, LESSER GENERAL PUBLIC LICENSE, MOZILLA LICENSE, BERKELEY SOFTWARE DISTRIBUTION LICENSE, OPEN SOURCE INITIATIVE LICENSE, MIT, APACHE OR PUBLIC DOMAIN LICENSES, OR SIMILAR LICENSE). WONDERSHARE MAKES NO WARRANTIES WITH RESPECT TO OPEN SOURCE MATERIALS CONTAINED IN THE SOFTWARE. THESE EULA'S PROVISIONS ON RESTRISTION OF LIABILITY SHALL APPLY.

15. LIMITATION OF LIABILITY

IN NO EVENT WILL THE LICENSOR, OR THE LICENSOR'S AFFILIATES, ITS EMPLOYEES, AGENTS BE LIABLE FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER, OR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL DAMAGES, OR ANY LOSS OF PROFITS OR SAVINGS, EVEN IF A REPRESENTATIVE OF THE LICENSOR OR ONE OF THE LICENSOR'S AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THESE LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN LICENSEE'S JURISDICTION. THE AGGREGATE LIABILITY OF THE LICENSOR, AND THE LICENSOR AFFILIATES, ITS EMPLOYEES, AGENTS UNDER OR IN CONNECTION WITH THIS EULA, SHALL BE LIMITED TO THE FEES LICENSEE HAS PAID FOR THE LICENSED SOFTWARE, IF ANY.

IF THE SOFTWARE IS SUBJECT TO A THREATENED, POTENTIAL OR ACTUAL CLAIM OF INFRINGEMENT OF ANOTHER'S RIGHT FOR WHICH WONDERSHARE MAY BE LIABLE, THE LICENSEE WILL MAKE PROMPT AND REASONABLE EFFORTS TO STOP USING AND DELETE THE SOFTWARE UPON RECEIVING THE COMPANY'S WRITTEN NOTICE (INCLUDING BY EMAIL), WONDERSHARE MAY PROVIDE LICENSEE WITH A REPLACEMENT OR UPDATED OR MODIFIED SOFTWARE FREE OF CHARGE. IN SUCH CIRCUMSTANCE, WONDERSHARE SHALL NOT BEAR OTHER LIABILITIES TO YOU.

16. INDEMNIFICATION

LICENSEE WILL INDEMNIFY AND HOLD LICENSOR HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, LIABILITIES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING FROM OR RELATING TO LICENSEE'S ILLEGAL OR IMPROPER USES OF THE LICENSED SOFTWARE FROM ANY THIRD PARTY. LICENSEE'S OBLIGATIONS UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT.

17. END-USER GENERATED CONTENT

The Licensed Software enables the Licensee to enter content that will be stored on the device on which the Licensed Software is installed (such content shall be referred to herein as the "End-User Generated Content"). Licensee is solely responsible for Licensee's use, storage and disclosure of the End-User Generated Content. Licensee may only use the End-User Generated Content responsibly, in a manner consistent with the exercise of good judgment. The Licensed Software may permit the Licensee to enter, copy, edit Content that constitutes non-public personal information of individuals other than the Licensee; the Licensee shall not use, store or disclose any such information without the express consent of the individuals to whom it relates. If Licensee is having difficulty deciding whether Licensee's intended use is appropriate, or whether Licensee needs written permission, or whether other legal issues should be considered, the Licensor strongly encourages Licensee to seek competent legal counsel. The Licensor will not assist Licensee in making this determination, nor can the Licensor provide Licensee with legal advice as to intellectual property rights or privacy laws.

Licensee may only use End-User Generated Content which belongs to Licensee and will not violate the rights of others therein. The Licensor will not edit or monitor any and all Content; Licensee therefore assumes exclusive responsibility for the monitoring thereof. Licensee may not use the Licensed Software in conjunction with content that is illegal, obscene, indecent, defamatory, incites racial or ethnic hatred or violates the rights of others, or is in any other way objectionable.

Licensee is responsible for independently verifying the accuracy and completeness of Licensee's contents (e.g. any technical illustrations or diagrams for operation guides, parts catalogs, schematics, writing diagrams, assembly instructions, maintenance manuals, architectural presentations or other materials You create and/or modify using Our Software).

If Licensee or Licensee's attorney determines that Licensee is required by law to obtain written permission to use portions of the End-User Generated Content, Licensee must request permission for reproduction, redistribution, or modification of the Content from the appropriate owner of the subject materials (as may be cited in the Licensed Software). If, on the other hand, Licensee or Licensee's attorney determines it is permissible to proceed and include End-user Generated Content from the Licensed Software, the Licensor asks Licensee to correctly designate the Licensor trademark(s) when referring to the Licensed software in the notice or copyright portion of Licensee's paper, project, or product. Licensee shall indemnity, hold harmless, and defend the Licensor and the Licensor suppliers from all claims, damages, attorneys' fees, costs, and lawsuits that arise from, or result from, Licensee's use or distribution of any and all Content and its use of the Licensed Software.

18. EXPORT RESTRICTIONS

You may not use or otherwise export or re-export the licensed software to any countries or territories sanctioned by the United Nations or the USA. By using the licensed software, you represent and warrant that you are not located in any such countries.

19. LICENSEE PUBLICITY RIGHTS

During the term of this EULA, Licensee grants Licensor the right to include Licensee as a customer in software promotional material.

Licensee can deny Licensor this right by submitting a written request via email to support@wondershare.com and requesting to be excluded from software promotional material. Confirmation of such denial (via reply email) must be received prior to purchasing for this exclusion to be effective.

Should the Licensee come to be or already be included in product promotional material, as a result of any prior purchases where the Licensee did not request exclusion from product promotional material, the Licensee can at any point in time, submit a written request via email to support@wondershare.com to have Wondershare remove the Licensee's name and other information from product promotional material. Upon receipt of such request, Wondershare will remove any reference to the Licensee from such promotional material within 30 days and make no further reference to the Licensee.

20. GOVERNING LAW AND DISPUTE RESOLUTION

This agreement will be governed by the laws of the People's Republic of China without giving effect to the conflict of laws. Any disputes arising out of or in connection with this agreement shall be settled by the Shenzhen Court of International Arbitration in according with its effective rules to the extent not prohibited by local law in your jurisdiction.

ACKNOWLEDGMENT BY INSTALLING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FORE GOING AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSED OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE LICENSE DESCRIBED HEREIN.

ADDITIONAL EULA TERMS (FILMORA)

This Additional EULA shall apply to Filmora (hereinafter referred to as Filmora or software). this Additional EULA shall not apply to other Wondershare software products except as otherwise provided by Wondershare.

IMPORTANT: This Additional EULA is part of "Wondershare Software END USER LICENSE AGREEMENT". By installing the Software, the End User (hereinafter referred to as you or the End User or Licensee) is agreeing to be bound by this Additional EULA , together with all the terms and conditions of "Wondershare Software END USER LICENSE AGREEMENT" .

1. WHAT TYPES OF LICENSE DO WE OFFER

License for individual: Subject to the terms and conditions of this Agreement, Wondershare hereby grants you (an individual) the limited, revocable, personal, non-exclusive, and non-transferable right to download, install and activate the Software on one device for your own use. However, all the music tracks and sound effects built in Filmora shall not be used for any commercial purpose. Except for the music tracks and sound effects built in Filmora, all the other built in media, built in titles, built in transition, built in effects and built elements, elements, are allowed to use for commercial purpose. If you have purchased an individual plan and want to use Filmora for commercial purpose, you must indicate, “Video is made by Filmora”in your video description. If you don’t want to indicate “Video is made by Filmora”in your video, you can buy a Filmora Business Plan instead.

License for business entity: Wondershare has launched a Business Plan for business entities. Subject to the terms and conditions of this Agreement, Wondershare hereby grants you (business entity) the limited, revocable, non-exclusive, and non-transferable right to download, install and activate the Software on one device for your own use. However, even though you have bought a business plan, you shall not use the music tracks and sound effects built in Filmora which are intended for individual use only. except for the music tracks and sound effects built in Filmora, all the other built in media, built in titles, built in transition, built in effects and built elements, elements, are allowed to use for commercial purpose.

2. USE OF MUSIC TRACKS AND SOUNDS EFFECTS

All the music tracks and sound effects built in Filmora shall not by used for any commercial purpose. Wondershare may, at its sole discretion, update the list of music tracks from time to time, which include adding new music tracks and deleting the music tracks.

3. LIMITATION ON USE

Licensee may not and agrees not to or enable others to modify, adapt, translate, sublicense, rent, lease, distribute or loan all or any portion of the Software or Documentation; and

Licensee may not and agrees not to or enable others to create any derivative works from all or any portion of the Software or Documentation; and

Licensee may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software; and

Licensee may not and agrees not to or enable others to remove or obscure Licensor's copyright or trademark notices, or the copyright and trademark notices of any third parties that Licensor has included in the Software or Documentation; and

Licensee may not and agrees not to or enable others to use the Software to host applications for third parties, as part of a facility management, timesharing, service provider, or service bureau arrangement; and

No Standalone File Use. You may not use the effects built in Filmora in any way that allows others to download, extract, or redistribute the effects as a standalone file (meaning just the effect file itself).

No Electronic Templates. You may not use the effects in electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, brochure design templates).

Licensee may not use any other music tracks, elements, pictures, videos which are not provided by Wondershare within Filmora unless you have got a license or permit or proper authority to use them; and

Wondershare reserves all rights not expressly granted to You in this Agreement.

4. COPYRIGHT

The Software and any authorized copies that Licensee makes are the intellectual property of, and are owned by, the Licensor, and by third parties whose intellectual property has been licensed to the Licensor. The structure, organization, and code of the Software are the valuable trade secrets and confidential information of the Licensor and such third parties. The Software is protected by law, including without limitation, the copyright laws of China and the United States and other countries, and by international treaty provisions. Except as expressly provided in this EULA, Licensee is not granted any intellectual property rights over the Software. Licensee may not make or publish any public statement concerning the Software or the Licensor without the prior express written consent of the Licensor.

5. COVER CD.

The reproduction and distribution of Software (evaluation copy only) in various Cover CDs published by associated magazines are allowed. However a copy of magazine with CD is required to be sent to Wondershare.

6. TERM

7. LIMITATION OF LIABILITY

IF THE SOFTWARE IS SUBJECT TO A THREATENED, POTENTIAL OR ACTUAL CLAIM OF INFRINGEMENT OF ANOTHER'S RIGHT FOR WHICH WONDERSHARE MAY BE LIABLE, THE LICENSEE WILL MAKE PROMPT AND REASONABLE EFFORTS TO STOP USING THE SOFTWARE UPON RECEIVING THE COMPANY'S WRITTEN NOTICE (INCLUDING BY EMAIL), WONDERSHARE MAY PROVIDE LICENSEE WITH A REPLACEMENT OR UPDATED OR MODIFIED SOFTWARE FREE OF CHARGE. IN SUCH CIRCUMSTANCE, WONDERSHARE SHALL NOT BEAR OTHER LIABILITIES TO YOU.

If there is any conflict between this Additional EULA Terms and the "Wondershare Software END USER LICENSE AGREEMENT", this Additional EULA shall prevail.

ADDITIONAL EULA TERMS (DR.FONE, TUNESGO, DATA RECOVERY)

This Additional EULA Terms shall apply to dr.fone, TunesGo, and Data Recovery (collectively referred to as Software). this Additional EULA shall not apply to other Wondershare software products except as otherwise provided by Wondershare.

IMPORTANT: This Additional EULA Terms is part of "Wondershare Software END USER LICENSE AGREEMENT". By installing the Software, the End User (hereinafter referred to as you or the End User) is agreeing to be bound by this Additional EULA Terms, together with all the terms and conditions of "Wondershare Software END USER LICENSE AGREEMENT" .

1. GRANT OF LICENSE

This EULA grants you the following rights with respect to the SOFTWARE:

Wondershare hereby grants you a revocable, personal, non-exclusive and nontransferable license to install and activate the Software on only one device(including but not limited to computer, cellphone, tablet computer, etc) for your personal and non-commercial use unless you have bought a commercial or business license. You may not make the Software available on a network, or in any way provide the Software to multiple users, unless you have first purchased at least a Business license or a Multi-users license from Wondershare. For Business License, you must provide the Software to multiple users according to the number of pieces you choose to buy at the time of purchase.

Wondershare have the right to stipulate a different restriction about the number of device Software can be installed on in the product description at the time of purchase.

2. LIMITATION OF USE

The trial license has fewer functions compared with personal license and business license, and can only be used for a specific period of time. After such period, you must purchase a personal license or business license if you want to continue to use. If you have bought a Personal License, you are restricted from using this Software for commercial or financial gain, including but not limited to, performing technical or consulting services.

If you are a service provider or managed service provider ( collectively, "MSP") that provides software and systems management services, you must buy a Business License rather than a Personal License. And you may, subject to the terms and conditions of this EULA, use the Software in the performance of the foregoing services. Deployment for the purposes of servicing multiple customers concurrently per Software license is permitted only with a Commercial license. MSP may not permit their customers to access and/or use the Software directly, either via a hosted software solution or a hosted or leased hardware solution.

If you contract with a third party to perform services such as network management, monitoring, implementation, consulting or other outsourcing services for you (the "Consultant"), the Consultant may use the Software licensed by you solely for your benefit in the performance of such contract, provided, however, that you ensure that the Consultant uses the Software in accordance with the terms of this EULA. Notwithstanding the foregoing, the Consultant is not authorized under your license to use the Software for its own internal business use.

3. PROTECTION OF PRIVACY

Wondershare respects and protects your privacy, and will not share, sell, use or disclose your personal information to any third-parties, unless your written agreement under related law and regulation.

Under the following conditions, Wondershare will disclose your personal information based on your will or the laws. You will be responsible for the resulting problems.

Obtain your prior authorization;

Reveal your personal information to offer products and services requested by you;

According to relevant laws, regulations or requirements of the relevant government agencies;

To protect Wondershare's legal rights and interests;

You violate the provisions of the EULA;

4. TERM OF LICENSE

The purchase of a license gives the End User the right to use the Software for a specific period of time or lifetime, which is decided by the license period you choose to buy.

5. COPYRIGHT

All title and copyrights in and to the SOFTWARE(including but not limited to any images, photographs, animations, video, audio, music, and text incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE are owned by Wondershare or its suppliers. The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material, and may not remove or conceal any proprietary notices, labels or marks from the Software.

6. DISCLAIMER OF WARRANTY

WONDERSHARE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAD FULL OPPORTUNITY TO TEST THE SOFTWARE BEFORE ANY LIVE, PUBLIC OR PRODUCTION USE, SO THAT YOU ASSUME FULL RESPONSIBILITY FOR SELECTING AND USING SOFTWARE, AND THAT IF YOU USE SOFTWARE IMPROPERLY OR AGAINST INSTRUCTIONS, YOU MAY CAUSE DAMAGE TO YOUR COMPUTER, CELLPHONE, TABLET COMPUTER, OTHER FACILITIES AND FACILITY SYSTEM. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SOFTWARE IS BORNE BY YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary by jurisdiction.

7. MISCELLANEOUS

WONDERSHARE DOES NOT ALLOW YOU TO UTILIZE OUR SOFTWARE TO DO ANYTHING THAT VIOLATES THE LOCAL LAW OR INFRINGE ANY PARTY'S RIGHTS OR INTELLECTUAL PROPERTY. IF YOU UTILIZE OUR SOFTWARE TO DO THE ILLEGAL ACTIVITY OR INFRINGE OTHER'S RIGHTS, THE CONSEQUENT RESULT SHALL BE ON YOUR OWN RESPONSIBILITY. IF YOU DISAGREE WITH THIS ITEM, PLEASE DON'T INSTALL AND/OR USE THE SOFTWARE.

Adolescents may not use the services provided by Wondershare to browse the content of any illegal, obscene, pornographic and other violations of public order and morals.

To the maximum extent permitted by law, the final interpretation is left to our discretion. Should you have any questions concerning this EULA, or if you desire to contact Wondershare for any reason, please write to us.

If there is any conflict between this Additional EULA Terms and the "Wondershare Software END USER LICENSE AGREEMENT" this Additional EULA terms shall prevail.