What is the End User License Agreement ("EULA") for Promeo and CyberLink Director Suite programs, including PowerDirector 2026/365, PowerDirector 365 Mac, PhotoDirector 2026/365, AudioDirector 2026/365, and ColorDirector 2026/365?
End User License Agreement ("EULA")
Last Update: January 2025. This EULA replaces and supersedes all prior versions.
1 SCOPE AND APPLICABILITY
1.1 This EULA governs your use, access, procurement, or subscription of the following PC software: PowerDirector, PhotoDirector, AudioDirector, ColorDirector, Promeo, in Windows or Mac operating system (collectively "SOFTWARE").
1.2 This EULA is an agreement between you, the end user, and CyberLink Corporation ("CyberLink"). By using this SOFTWARE, you agree to be bound by the terms of this EULA. DO NOT install or use the SOFTWARE until you have read and accepted all of the license terms. Permission to use the SOFTWARE is conditional upon your agreeing to the license terms. Installation or use of the SOFTWARE by you will be deemed to be acceptance of the license terms. Acceptance will bind you to the license terms in a legally enforceable contract with CyberLink.
1.3 If you agree to abide by these conditions, please click "Yes". IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, PLEASE DO NOT USE THIS SOFTWARE AND PROMPTLY REMOVE IT FROM YOUR COMPUTER.
1.4 Related Services: Some of our SOFTWARE features may integrate with services such as DirectorZone. If you use any features from these services then you must agree to the terms of service and privacy policy thereof; which can be found at: http://directorzone.cyberlink.com/info/termsOfService.jsp and http://directorzone.cyberlink.com/info/privacy.jsp.
2 DATA COLLECTION AND PRIVACY POLICY
2.1 Codec activation: When you use certain technologies essential to multi-media functions for the first time, the SOFTWARE will collect the serial number of your computer system and the product key (CD key) for activation purposes only.
2.2 Some of our SOFTWARE may send an anonymous event/signal to CyberLink's backend server to collect information for the purpose of improving the end user experience, such as for example: (i) when user opts in or out of the CEIP (CyberLink Experience Improvement Program)/CPIP (CyberLink Product Improvement Program); or (ii) when the SOFTWARE is installed and/or uninstalled.
2.3 Please note that a trial version may also collect anonymous information and/or send crash report silently to CyberLink backend server for product improvement program.
2.4 Please refer to our Privacy Policy at https://privacy.cyberlink.com/enu/privacy-policy for more details.
3 GRANT OF LICENSE
Below are the general license terms followed by specific provisions depending on the type of license you have.
3.1 CyberLink, as licensor, grants to you, the licensee, a non-exclusive right to download and/or install the SOFTWARE on a certain number of computer(s)/device(s) in accordance with the number of the license(s) you purchased and use the SOFTWARE in accordance with the terms contained in this license. You agree and acknowledge that you may receive SOFTWARE update, upgrade notices or any commercial electronic messages during the use of SOFTWARE. You shall not rent, lease, sublicense, modify, alter, reverse engineer, disassemble, decompile, or create any derivative work of the SOFTWARE, or remove any copyright notice or proprietary legend contained in the SOFTWARE. You shall not reproduce the SOFTWARE unless for backup purposes and limited to one copy only. You acknowledge this SOFTWARE is licensed to you, not sold to you. The SOFTWARE must be lawfully acquired from CyberLink or through CyberLink’s authorized resellers otherwise you do not have a right to use the SOFTWARE. You agree that once SOFTWARE is operated, used or installed; you may not resell or distribute it to another person or entity subject to the relevant statutes. Whether you are legally allowed to resell the SOFTWARE will depend on the law of your place of residence or where the transferee is located. Generally a resale or distribution will cause an automatic termination of your license to use the SOFTWARE. You own and are responsible for the risks of inability to use or install the SOFTWARE in purchasing or obtaining the SOFTWARE NOT from CyberLink, CyberLink’s authorized distributors or resellers or for used SOFTWARE.
3.2 Type of License:
3.2.1 INDIVIDUAL LICENSE: If you acquire the SOFTWARE under an individual license it is for your own use under the general terms above.
3.2.2 SITE LICENSE: Site licensed SOFTWARE is licensed to be used in a single location. The maximum number of users is limited by the site license agreement.
3.2.3 VOLUME LICENSE: Only one copy per device may be installed. If you are the volume license holder then you may make multiple back-up copies and install multiple seats of the SOFTWARE. The total number of licensed copies will be limited to a capped number according to the purchased quantity in bulk.
3.2.4 EVALUATION/TRIAL LICENSE: Only one copy per device may be installed. The SOFTWARE is licensed for evaluation and/or trial purposes only. The rights granted to you herein will cease after a specified time period and the SOFTWARE usage is time limited, after expiration of which it may be disabled. This license is for non-commercial use.
3.2.5 SUBSCRIPTION LICENSE: The SOFTWARE is licensed for subscription purposes. You agree that CyberLink may change the version of the SOFTWARE provided to you at any time without liability to you. Ongoing access to Subscription SOFTWARE requires a working internet connection, CyberLink’s receipt of recurring subscription payments and agreement to the terms of use and/or service for Subscription SOFTWARE to be found on the downloading site. The rights granted to you herein will cease after a specified time period and the SOFTWARE usage is time limited, after expiration of which it may be disabled.
3.2.6 EDUCATIONAL LICENSE: The SOFTWARE is licensed for educational purposes and non-commercial use only. It may be purchased by schools, universities, students and their legal guardians, faculty, teachers, professors, lecturers and any other educational institutions, scholars or staff.
3.3 Third Party Licenses and Notices. Our SOFTWARE is incorporated with some third party intellectual property, which are licensed by legitimate right holders or authorized licensors. Please read the following sections for certain usage restrictions, when applicable to your SOFTWARE.
3.3.1 H.265/HEVC LICENSE: Please note the H.265/HEVC codec is not included in your SOFTWARE upon sale or installation, meaning the SOFTWARE is not yet qualified as an HEVC licensed product. In order to support your use of the H.265/HEVC format, you have to download and install the HEVC Video Extensions by following the instructions of the SOFTWARE.
3.3.2 MPEG-4 Visual Notice from MPEG-LA (now known as "Via LA"): USE OF THIS PRODUCT IN ANY MANNER THAT COMPLIES WITH THE MPEG-4 VISUAL STANDARD IS PROHIBITED, EXCEPT FOR USE BY A CONSUMER ENGAGING IN PERSONAL AND NON-COMMERCIAL ACTIVITIES.
3.3.3 VC-1 Notice from MPEG-LA (now known as "Via LA"): THIS PRODUCT IS LICENSED UNDER THE VC-1 PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE VC-1 STANDARD ("VC-1 VIDEO") AND/OR (ii) DECODE VC-1 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE VC-1 VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE HTTP://WWW.MPEGLA.COM.
3.3.4 AVC Notice from MPEG-LA (now known as "Via LA"): THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD ("AVC VIDEO") AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE HTTP://WWW.MPEGLA.COM.
3.3.5 HEVC Patent Marking Notice from Access Advance: Covered by one or more claims of the HEVC patents listed at https://patentlist.accessadvance.com or https://accessadvance.com/advance-patent-lists/.
3.4 ADDITIONAL LICENSE REQUIREMENTS. If you are going to use the SOFTWARE for your direct revenue-generating use or to serve as a main resource to generate revenue for you then additional licenses will be needed for the following non-exhaustive list of third party technologies:
3.4.1 For MPEG-4 Visual, VC-1, and H.264 (AVC), please contact Via Licensing Alliance at 456 Montgomery Street, Suite 1100, San Francisco, CA 94104, USA.
3.4.2 For H.265 (HEVC), please contact: (i) Via Licensing Alliance at 456 Montgomery Street, Suite 1100, San Francisco, CA 94104, USA; and (ii) Access Advance LLC at 100 Cambridge Street, Suite 21400, Boston, MA 02114, USA.
3.4.3 CyberLink does not license the above items for commercial use and you are advised to approach the relevant licensing agents at the above addresses for more information.
4 USE OF THE SOFTWARE
4.1 USE OF MEDIA CONTENT LICENSED BY THIRD PARTIES OR CYBERLINK. You may use templates, images, pictures, audio, video, thumbnails or other media content ("Media Content"), if any, provided in the SOFTWARE, which may be licensed from third parties or CyberLink, to demonstrate, complete or upload your work created by the use of the SOFTWARE to social media platforms; provided that:
4.1.1 Media Content shall remain in use on SOFTWARE;
4.1.2 You shall not use the Media Content in any illegal, public performance or commercial or immoral manner;
4.1.3 You shall not portray any person depicted in Media Content in a way that a reasonable person would find offensive, including but not limited to in connection with pornography, escort services, promotion of tobacco products, endorsement of a political party, or opinion, a physical or mental ailment;
4.1.4 You shall not resell, redistribute, sublicense, provide access to, share, transfer or grant your right to use to any third party except as specifically provided in this EULA;
4.1.5 You shall not use any Media Content (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof;
4.1.6 You shall not falsely represent, expressly or by way of reasonable implication, that any Media Content was created by you or a person other than the copyright holder(s) of that Media Content; and/or
4.1.7 You shall not use Media Content in connection with any content gallery from which people can search, discover and use the unaltered Media Content.
CyberLink does not provide any warranty or representation to the Media Content and disclaims all liabilities to the maximum extent allowed by law. Please note that the use of Media Content is subject to your purchase of SOFTWARE or a valid subscription.
4.2 USE OF THE CONTENT LICENSED BY GETTY IMAGES (US), INC. Subject to your compliance with the following provisions, you are authorized to use the content licensed from Getty Images (US), Inc. through the SOFTWARE ("Getty Images Content") solely as incorporated into digital works created by you using the SOFTWARE.
4.2.1 You may download a watermarked, low-resolution version of Getty Images Content for no-fee, only for evaluation purposes, for a period of up to thirty (30) days following download by you. Unless you purchase licenses of Getty Images Content, you may not use any Getty Images Content in any final materials or any publicly available materials.
4.2.2 You may pay for a watermark-free, high-resolution version of Getty Images Content. Once you have purchased the license of a particular Getty Images Content via the SOFTWARE by paying applicable fees, you may use such licensed Getty Images Content an unlimited amount of times within the SOFTWARE and the works created by you using the SOFTWARE in accordance with the terms of this EULA.
4.2.3 You may not remove any metadata in Getty Images Content, activate the "right-click" function in Getty Images Content, or reverse engineer, decompile, disassemble the SOFTWARE to enable the download or use of Getty Images Content on a stand-alone basis. If technically feasible, you shall disable the "right-click" function in all items of Getty Images Content. You may not use Getty Images Content in any way that allows others to download, extract, or redistribute Getty Images Content as a stand-alone file (meaning just the content file itself, separate from the works created by you using the SOFTWARE or end use).
4.2.4 You may only use Getty Images Content in the works created by you using the SOFTWARE, for display solely in digital form. You may not sell, resell, distribute, modify, re-use, display, reproduce or make any other use of Getty Images Content.
4.2.5 Getty Images Content may be used in non-editorial works created via the SOFTWARE more than once in or in connection with the same non-editorial work, provided such usage otherwise complies with this EULA.
4.2.6 Getty Images Content used in an editorial context must include the following credit line: "[Photographer's Name]/[Collection Name]/[Getty Images or iStock]"
4.2.7 Getty Images Content may not be used:
4.2.7.1 for pornographic, defamatory or other unlawful purposes;
4.2.7.2 on a stand-alone basis with no other content;
4.2.7.3 in electronic templates used to create electronic or printed products;
4.2.7.4 in physical or digital retail products, such as e-cards, calendars, posters, or screensavers;
4.2.7.5 for the purpose of enabling file-sharing of the image file; or
4.2.7.6 in logos, trademarks, services marks or any other branding or identifiers.
4.2.8 If you use Getty Images Content that features an individual(s) in connection with a sensitive, unflattering or controversial subject, you must include a statement that the Getty Images Content is used for illustrative purposes only and the individual is a model.
4.2.9 No ownership or copyrights to Getty Images Content are granted to you.
4.2.10 If you misuse any Getty Images Content, CyberLink will enforce the terms of this EULA, investigate and address such misuse, whether by shutting down your access and/or as may otherwise be appropriated in the given circumstance.
4.2.11 Subject to the SOFTWARE you purchase, you are also authorized to use the music content/soundstripe licensed from Getty Images (US), Inc. through the SOFTWARE ("Getty Music Content") solely as incorporated into digital works created by you using the SOFTWARE. You shall have the same usage rights for Getty Music Content that are set forth above for Getty Images Content, provided, however (i) in addition to the terms set forth above, you cannot in any event use Getty Music Content contrary to the restrictions set forth in Section 3 of Getty Image Music License Agreement (see: https://www.gettyimages.com/eula), and (ii) you cannot use Getty Music Content in any products for resale or electronic templates (including video templates).
4.3 USE OF DERIVATIVES OF THE STABLE DIFFUSION MODEL. For our SOFTWARE incorporated with Stable Diffusion models, the following user restrictions apply (for more details of Stable Diffusion License terms, please see: https://huggingface.co/spaces/CompVis/stable-diffusion-license). You agree not to use our SOFTWARE:
4.3.1 in any way that violates any applicable national, federal, state, local or international law or regulation;
4.3.2 for the purpose of exploiting, harming or attempting to exploit or harm minors in any way;
4.3.3 to generate or disseminate verifiably false information and/or content with the purpose of harming others;
4.3.4 to generate or disseminate personal identifiable information that can be used to harm an individual;
4.3.5 to defame, disparage or otherwise harass others;
4.3.6 for fully automated decision making that adversely impacts an individual's legal rights or otherwise creates or modifies a binding, enforceable obligation;
4.3.7 for any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics;
4.3.8 to exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
4.3.9 for any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;
4.3.10 to provide medical advice and medical results interpretation;
4.3.11 to generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g. by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use).
4.4 USE OF CYBERLINK GENERATIVE AI SERVICE ("Generative AI Terms"). These Generative AI Terms apply to your use of CyberLink Generative AI service ("Generative AI"). By using Generative AI, you expressly consent to CyberLink's collection and use of your biometric information as defined in our Privacy Policy. When it comes to the use of Generative AI, in the event of a conflict between the Generative AI Terms and terms defined elsewhere in this EULA and our Privacy Policy, the Generative AI Terms shall prevail.
4.4.1 Your ownership rights. You agree to be solely responsible for the content and/or data you uploaded and/or inputted to Generative AI ("User Submission"). You acknowledge that you have obtained a consent, license and/or authorization for using User Submission in Generative AI. You own the content generated from User Submission by Generative AI ("Outputted Content") to the extent permitted by law.
4.4.2 CyberLink's use and retention of User Submission and Outputted Content. CyberLink may use User Submission and Outputted Content to improve your experience with Generative AI. Your User Submission will be permanently deleted from our server within twenty-four (24) hours after your use of Generative AI. Your Outputted Content generated on or before July 29, 2024 will be kept on our server for one (1) year after it's being generated. Your Outputted Content generated on or after July 30, 2024 will be kept on our server for one (1) year if it's in image form, and thirty (30) days if it's in video form after it's being generated.
4.4.3 Your use of Outputted Content. You agree and accept that any use of the Outputted Content is at your own risk. You will not use Outputted Content or Generative AI in any way that may violate laws, regulations, CyberLink's EULA and Privacy Policy, anyone's intellectual property (including but not limited to patent, trademark, trade secret, copyright or other proprietary rights), privacy, publicity or other rights. You will not use Generative AI in any way which may lead to unlawful, harmful or not-safe-for-work (NSFW) Outputted Content. In compliance with the above, you may use the Outputted Content commercially, provided that the Outputted Content is in the photo/image form. For the Outputted Content generated in the video form, your use is subject to the license terms in Section 3.4.
4.4.4 NSFW prohibition. Generative AI is not intended to generate NSFW content. It is strictly prohibited for you to use Generative AI to generate or attempt to generate NSFW content by uploading and/or inputting explicit or improper User Submission. In any event the Outputted Content contains NSFW content which is generated as a result of your improper use of Generative AI, CyberLink has the right to suspend or terminate your Account or the Service.
4.4.5 Malicious deep fake prohibition. When it comes to deep fake technology, it is strictly prohibited that you use the Outputted Content in a malicious and/or offensive way. You shall not use the Outputted Content in any way that might lead to portrait right infringement, defamation, violation of privacy, appropriation of personality, criminal code, and so on. You shall bear the full responsibility that occurs or may occur as a result of your misuse of the Outputted Content.
4.4.6 Change of your device. The Outputted Content retained in our server is associated with your in-app purchase order made via the device you use to generate the Outputted Content. Please note you might not be able to access the same Outputted Content from our server via another device due to certain technical issues. In such event, you may contact our customer support team via https://www.cyberlink.com/contact for retrieval of the Outputted Content by providing the corresponding certificate or invoice of your in-app purchase order to our customer support team, provided that the Outputted Content is still kept on our server within the retention period.
4.4.7 No guarantee of performance. Due to the nature of AI technologies and the quality of your User Submission, the Outputted Content generated by Generative AI may vary from time to time. There is no guarantee that the Outputted Content is satisfying. It is possible that the Outputted Content might be inaccurate, offensive, harmful or otherwise inappropriate. You understand and agree that by using Generative AI, you may be exposed to such content, and that you will not save, share (including on social media), use, distribute, display, or otherwise make available any content that is in violation of laws.
4.4.8 Disclaimer and warranties. CyberLink does not make any representations or warranties that the Outputted Content is accurate, reliable, correct or fit for any particular purposes. CyberLink has no liability related to or arising from your use of Generative AI or Outputted Content. CyberLink provides no warranties that you will be able to claim copyright ownership of any Outputted Content or that the Outputted Content will not infringe any third party's intellectual property rights.
5 OWNERSHIP OF SOFTWARE
CyberLink retains the copyright, title and ownership of the SOFTWARE and the written materials ("Documentation") regardless of the form or media in or on which the original and other copies may exist.
6 UPGRADES
If this copy of the SOFTWARE is an upgrade from an earlier version of the SOFTWARE, it is provided to you on a license exchange basis. Upon your installation and use of this copy of the SOFTWARE, you agree to voluntarily terminate your earlier EULA and you will not continue to use the earlier version of the SOFTWARE or resell or distribute it to another person or entity.
7 LIMITED WARRANTY
7.1 CyberLink warrants the media on which the SOFTWARE is furnished to be free of defects in material and workmanship, under normal use, for a period of ninety (90) days following the date of delivery to you. If there is a defect in the media (CD/DVD-ROM), CyberLink's sole liability shall be to replace the defective media, which has been returned to CyberLink or the supplier with your dated invoice and is shown to be defective. In the event that CyberLink is unable to replace defective media, CyberLink shall at its sole discretion either refund your money upon your termination of this license or replace it with the newer version of the same software.
7.2 THIS SOFTWARE AND ACCOMPANYING DOCUMENTATION (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND ARE NOT FAIL-SAFE. FURTHER, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, CYBERLINK DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE, OF THE SOFTWARE OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. IF THE SOFTWARE OR DOCUMENTATION IS DEFECTIVE, YOU, AND NOT CYBERLINK OR ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICE, REPAIR OR CORRECTION.
7.3 CYBERLINK DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, REGARDLESS OF WHETHER IT IS MADE BY CYBERLINK, ON THIS CYBERLINK PRODUCT. CYBERLINK DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CYBERLINK, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
7.4 NEITHER CYBERLINK NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT EVEN IF CYBERLINK HAS BEEN ADVISED OF THE POSSBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, UNDER NO CIRCUMSTANCES WILL CYBERLINK’S TOTAL AGGREGATE LIABILITY IN CONNECTION WITH CLAIMS ARISING UNDER OR PERTAINING TO THIS EULA EXCEED THE MONETARY AMOUNT ACTUALLY RECEIVED BY CYBERLINK FROM YOU FOR THE APPLICABLE LICENSES UNDER THIS EULA.
Should any other warranties be found to exist, such warranties shall be limited in duration to ninety (90) days following the date of delivery to you. In no event will CyberLink's liability for any damages to you or any other person exceed the amount paid for the license to use the SOFTWARE.
8 INDEMNIFICATION
8.1 You agree to bear the full, complete, and sole responsibility for using the SOFTWARE for any purpose.
8.2 You also agree to indemnify and hold CyberLink harmless from any claims, proceedings, damages, costs, and expenses resulting from your use of the SOFTWARE for any illegal purpose or violation of this EULA.
8.3 This indemnification obligation will survive the termination of this EULA and your misuse of the SOFTWARE herein.
9 TERMINATION
Upon termination of this EULA, you should destroy the SOFTWARE and the Documentation and all the copies thereof and remove and delete the SOFTWARE from your hard disk or other storage device.
10 GOVERNING LAW AND DISPUTE RESOLUTION
Any claim or dispute between you and CyberLink or against any agent, employee, successor or assign of CyberLink, whether related to this EULA or otherwise, and any claim or dispute related to this EULA or the relationship or duties contemplated under this EULA, including the validity of this arbitration clause, shall be resolved in Taipei, Taiwan, pursuant to the Taiwan Arbitration Act.
11 DISPUTE RESOLUTION, ARBITRATION AGREEMENT, AND CLASS ACTION WAIVER
11.1 Claim Must Be Filed Within One Year. Any claim related to this EULA must be filed within one year from the date the claim first arose. Claims not filed within this period will be permanently barred. This limitation applies to you and your permitted successors and assigns.
11.2 Jurisdiction. This EULA shall be governed by and interpreted in accordance with the laws of Taiwan, without regard to its conflict-of-law principles.
11.3 Arbitration Agreement. You and CyberLink irrevocably agree that any legal action or proceeding arising under or in connection with this EULA shall be submitted to binding arbitration in Taipei, Taiwan. Arbitration will serve as the exclusive forum for resolving disputes under this agreement.
11.4 Class Action Waiver. YOU ACKNOWLEDGE AND AGREE THAT BY ENTERING INTO THIS EULA, YOU WAIVE THE RIGHT TO BRING CLAIMS IN COURT OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.
12 MISCELLANEOUS
12.1 Entire agreement. This EULA constitutes the entire agreement between you and CyberLink Corp. This EULA shall be governed and construed in accordance with the laws of Taiwan and shall benefit CyberLink, its successors and assigns.
12.2 Prevailing Language. This localized version of the EULA is for reference only. In case of inconsistencies between the localized version and the English version, the English version will prevail.
12.3 Severability. In the event that any provision in this EULA is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
12.4 Restrictions on Assignment. You may not assign this EULA (by operation of law or otherwise) without the prior written consent of CyberLink and any prohibited assignment will be null and void. CyberLink may assign this EULA or any rights hereunder without your consent.
12.5 Force Majeure. Neither party shall be liable for any failure or delay in the performance of its obligations under this EULA (except for payment obligations) due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, acts of government, war, terrorism, labor strikes, supply shortages, or interruptions of utilities or telecommunications services. The affected party shall notify the other party as soon as practicable and make reasonable efforts to resume performance as promptly as possible.
12.6 No Third-Party Beneficiaries. You agree that this EULA and the rules, restrictions and policies contained herein, and CyberLink's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and CyberLink.
12.7 No Waiver. The failure of a party to enforce any right or provision of this EULA will not be deemed a waiver of such right or provision. Any waiver, to be effective, must be in writing signed by the waiving party (in the case of CyberLink, by an authorized officer).
12.8 Notices and Communications. Any notice or other communication to be given hereunder will be in writing and given (a) by CyberLink via email (in each case to the address that you provide), (b) a notice on the Service, or (c) by you via our customer support at https://www.cyberlink.com/support-center/contact-support. The date of receipt shall be deemed the date on which such notice is transmitted.
