End User License Agreement ("EULA") for Promeo

End User License Agreement ("EULA")
For Promeo

Date last modified: May 12, 2023.

Do not install or use the mobile app until you have read and accepted all of the license terms. Permission to use the mobile app is conditional upon your agreeing to the license terms. Installation or use of the mobile app 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 Corp.

*PRIVACY POLICY
Some of our 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:
-When our product is installed and/or uninstalled.

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.

* MOBILE APP LICENSE AND LIMITED WARRANTY
This EULA is an agreement between you, the end user, and CyberLink Corp. ("CyberLink"). By using this mobile app, 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 MOBILE APP AND PROMPTLY REMOVE IT FROM YOUR Mobile Device.

* GRANT OF LICENSE & USAGE RESTRICTIONS
Below are the general license terms and usage restrictions followed by specific provisions depending on the type of license you have.
CyberLink, as licensor, grants to you, the licensee, a non-exclusive right to download and/or install the accompanying CyberLink Mobile APPs program(s) (hereinafter the " MOBILE APP ") on a certain number of computer(s)/ device(s) in accordance with the number of the license(s) you purchased and use the MOBILE APP in accordance with the terms contained in this license. You agree and acknowledge that you may receive MOBILE APP update, upgrade notices or any commercial electronic messages during the use of MOBILE APP. You shall not rent, lease, sublicense, modify, alter, reverse engineer, disassemble, decompile, or create any derivative work of the MOBILE APP, or remove any copyright notice or proprietary legend contained in the MOBILE APP. You shall not reproduce the MOBILE APP unless for backup purposes and limited to one copy only. You acknowledge this MOBILE APP is licensed to you, not sold to you. The MOBILE APP must be lawfully acquired from CyberLink or through CyberLink authorized resellers otherwise you do not have a right to use the MOBILE APP. You agree that once MOBILE APP 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 MOBILE APP 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 MOBILE APP. You own and are responsible for the risks of inability to use or install the MOBILE APP in purchasing or obtaining the MOBILE APP NOT from CyberLink, CyberLink authorized distributors or resellers or for used MOBILE APP.  Please refer to the link [https://www.cyberlink.com/stat/regional-stores/enu/index.jsp] for the MOBILE APP purchase information in CyberLink official website and for the information of CyberLink authorized distributors.

License Types:
**INDIVIDUAL CONSUMER
If you acquire the MOBILE APP under an individual license it is for your own use under the general terms above.
**SUBSCRIPTION LICENSE
The MOBILE APP is licensed for subscription purposes. You agree that CyberLink may change the version of the MOBILE APP provided to you at any time without liability to you. Ongoing access to Subscription MOBILE APP requires a working internet connection, CyberLink receipt of recurring subscription payments and agreement to the terms of use and/or service for Subscription MOBILE APP to be found on the downloading site. The rights granted to you herein will cease after a specified time period and the MOBILE APP usage is time limited, after expiration of which it may be disabled.

* 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.

* 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.

* 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
-    Media Content shall remain in use on SOFTWARE;
-    You shall  not use the Media Content in any illegal, public performance or commercial or immoral manner;
-    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;
-    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;
-    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;
-    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
-    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 with CyberLink and in no event shall such use of Media Content  licensed by ECHO MUSIC go beyond 31st July 2020.

* OWNERSHIP OF MOBILE APP
CyberLink retains the copyright, title and ownership of the MOBILE APP and the written materials ("Documentation") regardless of the form or media in or on which the original and other copies may exist.

* UPGRADES
If this copy of the MOBILE APP is an upgrade from an earlier version of the MOBILE APP, it is provided to you on a license exchange basis. Upon your installation and use of this copy of the MOBILE APP, you agree to voluntarily terminate your earlier EULA and you will not continue to use the earlier version of the MOBILE APP or resell or distribute it to another person or entity.

* USE OF MEDIA CONTENT LICENSED BY THIRD PARTIES
You may use pictures, audio, video, thumbnails or other media content (media content), if any, provided in the MOBILE APP, which may be licensed from third parties, to demonstrate, complete or upload your work created by the use of the MOBILE APP to social media platforms; provided that you should not use the media content in any illegal, public performance or commercial or immoral manner, nor shall you grant your right to use to any third party. CyberLink does not provide any warranty or representation to these media content items from third parties and disclaims all liabilities to the maximum extent allowed by law. Please note that the use of media content licensed by third parties is subject to your purchase of MOBILE APP or a valid subscription with CyberLink and in no event shall such use of media contents licensed by ECHO MUSIC go beyond 31st July 2021.

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.

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 MOBILE APP.

You agree to bear the full, complete, and sole responsibility for using the MOBILE APP 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 MOBILE APP for any illegal purpose or violation of this EULA.

Upon termination of this EULA, you should destroy the MOBILE APP and the Documentation and all the copies thereof and remove and delete the MOBILE APP from your hard disk or other storage device.

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.

Any claim or dispute between you and CyberLink or against any agent, employee, successor or assign of CyberLink, whether related to this EUL A 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.

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.