What is the End User License Agreement ("EULA") for CyberLink Face Finder?

End User License Agreement (“EULA”) for Face Finder
Last updated: 4/29/2022

Please read this End User License Agreement ("EULA") carefully before installing, using or downloading the Face Finder and materials provided as part of the Face Finder software suite ("Software"). For avoidance of doubt, the SOFTWARE may contain Face Finder, its related add-on components and/or sample codes.

If you are entering into this EULA on behalf of a company or other legal entity, you represent that you have the legal authority to bind the entity to this EULA, in which case “you” will mean the entity you represent.

Do not install, use or download the Software until you have required authority to accept this EULA, and you have read and accepted all of the terms of this EULA. Permission to use the Software is conditional upon your agreeing to the terms of this EULA. This EULA is an agreement between you, and CyberLink Corp. ("CyberLink"). By using this Software, you agree to be bound by the terms of this EULA.
IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, PLEASE DO NOT USE THIS SOFTWARE AND PROMPTLY REMOVE IT FROM YOUR COMPUTER.
***Internet Activation. Internet connection is required for the first time activation or periodically depends on the licensing types that you purchased.

1. Ownership of this Software
1.1 CyberLink or its licensors retain ownership of all intellectual property rights in and to the Software, including copyright, title, copies, improvements, enhancements, derivative works, modifications, and the written materials (“Documentation”) thereof regardless of the form or media in or on which the original and other copies may exist. You acknowledge that the Software and Documentation are provided under license, and not sold, to you. You do not acquire any ownership interest in the Software or Documentation under this EULA or any other rights thereto, other than to use the same in accordance with the license expressly granted and subject to all terms, conditions, and restrictions under this EULA. No other rights in respect of the Software or any related intellectual property rights are granted or implied.
1.2 You will promptly notify CyberLink if you become aware of any infringement of the CyberLink’s Intellectual Property Rights in the Software and fully cooperate with CyberLink, at CyberLink’s sole expense, in any legal action taken by CyberLink to enforce its Intellectual Property Rights.

2. Grant of License & Usage Restrictions
2.1 License.
Subject to and conditioned upon your strict compliance with all terms and conditions set forth in this EULA, CyberLink, as licensor, grants to you, a revocable, non-exclusive, non-transferable, and limited right to download, install, and/or use the Software on a certain number of video channel(s)/device(s) in accordance with the number of the license(s) you purchased only for security purpose. The term of the license granted is valid solely for a certain period according to the license you purchased. The security purpose herein means to detect or prevent unauthorized access, theft, diversion, loss of custody, threats, hostile acts, or criminal activity in order to safeguard specific areas. You agree and acknowledge that you may receive Software update, upgrade notices or any commercial electronic messages during the use of Software. The Software may contain open source software, subject to separate license terms made available with the Software or Documentation.
2.2 Restrictions on Use
(A) You shall not directly or indirectly:
(i) license, rent, lease, sublicense, assign, distribute, host, outsource, disclose, 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
(ii) use, remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices provided on or with the Software or Documentation, including any copy thereof;
(iii) use the Software or Documentation in violation of any laws, regulations, or rules; or
(iv) use the Software or Documentation for any purposes except as explicitly specified in this EULA.
(B) 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.
2.3 Types of License
(A) SUBSCRIPTION LICENSE
For the subscription license you purchased, 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. 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.
(B) PERPETUAL LICENSE
For the perpetual license you purchased, the Software is licensed for perpetual purposes. Subject to your compliance with this EULA, CyberLink hereby grants you the license set forth in section 2.1 of this EULA for an indefinite period.

3. Updates/Modifications/Maintenance to the Software
3.1 CyberLink reserves the right to modify, suspend or discontinue, temporarily or permanently, the Software or any service to which it connects, with or without notice and without liability to you.
3.2 CyberLink will have no responsibility to provide support of SOFTWARE to you or to provide any maintenance, updates, upgrades or other revisions to the SOFTWARE, unless you have executed a separate contract for maintenance support with CyberLink.

4. Privacy Policy
4.1 Some of CyberLink’s products 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:
(A) When user opts in or out of the CEIP (CyberLink Experience Improvement Program)/CPIP (CyberLink Product Improvement Program); and
(B) When CyberLink’s product is installed and/or uninstalled.

5. Disclaimer of Warranty
5.1 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 thirty (30) days following the date of delivery to you. This warranty does not apply if the Software, or any other equipment upon which the Software is authorized to be used: (i) has been altered,, (ii) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by CyberLink, (iii) has been subjected to abnormal physical or electrical stress, abnormal environmental conditions, misuse, negligence, or accident; (iv) is licensed for beta, evaluation, testing or demonstration purposes or other circumstances for which CyberLink does not receive a payment of a purchase price or license fee; or (v) has not been provided by CyberLink. If there is a defect in the Software, CyberLink's sole liability shall be to replace the defective Software, 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 Software, 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.
5.2 THIS SOFTWARE AND ACCOMPANYING DOCUMENTATION (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND ARE NOT FAIL-SAFE. FURTHER, 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, RESELLERS, OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICE, REPAIR OR CORRECTION.
5.3 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 NON-INFRINGEMENT, REGARDLESS OF WHETHER IT IS MADE BY CYBERLINK, ON THIS CYBERLINK SOFTWARE. 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, RESELLERS, 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.

6. Limitation of Liability
6.1 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 THE SOFTWARE EVEN IF CYBERLINK HAS BEEN ADVISED OF THE POSSBILITY OF SUCH DAMAGES.
6.2 Should any other warranties be found to exist, such warranties shall be limited in duration to thirty (30) 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. THIS LIMITATION OF LIABILITY FOR SOFTWARE IS CUMULATIVE AND NOT PER INCIDENT.
6.3 These exclusions and limitations of liability form an essential basis of the bargain between the parties, and, absent any of these exclusions or limitations of liability, the provisions of this EULA would be substantially different.

7. Indemnity
7.1 You agree to bear the full, complete, and sole responsibility for using the Software for any purpose. 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. Compliance
8.1 You are solely responsible and liable for familiarizing yourself on the local laws and regulations relating to the use of the Software. You hereby undertake and agree to (i) use the Software in compliance with such laws and regulations; and (ii) obtain necessary consent and permits before use of the Software and collection of any personally identifiable information. Without limiting the generality of the foregoing, you shall comply with all applicable export, re-export, and transfer of the Software and personal data protection laws.

9. Personal Data Protection
9.1 You are solely responsible and liable for all uses of the Software and Documentation, directly or indirectly. Specifically, and without limiting the generality of the foregoing, you are solely responsible and liable for obtaining all necessary approvals from persons and/or regulatory institutions relating to collection, processing or usage of data, and for all actions and failures to take required actions with respect to the Software and Documentation by you or by any other person to whom you may provide access to or use of the Software and/or Documentation, whether such access or use is permitted by or in violation of this EULA.
9.2 You acknowledge that CyberLink does not control nor process any personal information. In the event that you activate U Alerts, subject to your compliance with applicable laws and regulations, CyberLink may store and process the personal data only as a processor on your behalf. CyberLink will implement appropriate technical and organizational measures to ensure an appropriate level of security of the personal data in accordance with applicable data protection legislation. All data imported by you is processed. The personal data that CyberLink processed is made available to you for retrieval on the Software. CyberLink will delete it at your request, unless required by law to retain it. You shall comply with all obligations as a controller under applicable data protection laws. Upon the request of CyberLink, you shall provide the approvals or consents from persons and/or regulatory institutions. If you fail to do so, CyberLink is entitled to immediately terminate or suspend the license set forth in section 2 in its sole discretion. Do not install, use or download U Alerts and/or U Messenger until you have required authority to accept U's Privacy Policy (https://privacy.cyberlink.com/enu/u-privacy-policy), and you have read and accepted all of the terms of U's Privacy Policy. Permission to use U Alerts and/or U Messenger is conditional upon your agreeing to the terms of U's Privacy Policy.
9.3 In the event that you breach any of your obligations under this EULA or as otherwise imposed by law, you shall be solely liable to compensate the third party and CyberLink for all losses and damages incurred and bear related criminal or administrative liabilities. 

10. Term and Termination
10.1 This EULA shall remain effective until terminated or until the expiration of the applicable license or subscription term. CyberLink may, in its sole discretion, at any time and for any or no reason, suspend or terminate this EULA with or without prior notice. You may also terminate this EULA by deleting the Software and all copies thereof from your device(s).
10.2 This EULA will terminate immediately, without prior notice from CyberLink, in the event that you fail to comply with any provision of this EULA or you fail to pay any portion of the applicable license fees.
10.3 Upon termination of this EULA, you shall cease all use of the Software and delete or destroy all copies of the Software in your possession or control.
10.4 Upon termination of this EULA, you acknowledge that you will not be entitled to any refund of license fees paid or relief from fees payable under this EULA.

11. General
11.1 The validity, operation and performance of this EULA shall be governed by and interpreted in accordance with the laws of Taiwan, R.O.C. (notwithstanding conflict of law rules).
11.2 You hereby irrevocably consent that 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 submit to the personal and exclusive jurisdiction of arbitration in Taipei, Taiwan, pursuant to the Taiwan Arbitration Act.
11.3 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.
11.4 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.
11.5 If any provision of this EULA is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
11.6 CyberLink reserves the right, at its sole discretion, to modify or replace this EULA at any time. If a revision is material, we will provide an announcement prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
11.7    YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS END USER LICENSE AGREEMENT, YOU WAIVE THE RIGHT TO GO TO COURT OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.