FIFINE App Terms of Use

I. Preamble

This End User License Agreement (hereinafter referred to as the "Agreement") is a legally binding agreement entered into between you (a natural person, legal entity or other organization) and Zhaoqing Hejia Electronics Co., Ltd. (hereinafter referred to as the "Company" or "us") regarding your downloading, installing and using the fifine MicLinK software and relevant documentation (hereinafter collectively referred to as the "Software"). Whether you obtain the Software as an accessory upon purchasing designated fifine series microphone hardware products (hereinafter referred to as the "Products") of the Company, or download the Software from the official website of the Company or legally authorized application stores, your acts of downloading, installing, and using the Software shall be subject to the constraints of this Agreement.

Important Notice: Please read and fully understand this Agreement carefully. When you launch the Software for the first time, this Agreement will be displayed to you via a pop-up window. You shall actively click "I accept the terms of the license agreement" to indicate that you have read, understood, and agreed to abide by this Agreement. If you do not agree, please click "Decline", immediately stop installing and using the Software, and uninstall it.

The Software contains or utilizes materials sourced from third-party licensors (collectively referred to as "Third-Party Applications"), including but not limited to the content stated in the third-party license notice attached to the Software. Such Third-Party Applications are licensed under the GNU Lesser General Public License or other open-source software licenses. All Third-Party Applications are owned or licensed by third-party licensors. Your right to use such Third-Party Applications shall be governed solely by the applicable license agreements of the respective third-party licensors.

II. License Terms

In consideration of your purchase of our Products along with the supporting Software and/or your download of the Software, as well as your acceptance of this Agreement, we, as the licensor, grant you, the licensee, a limited, non-transferable, and non-exclusive license to use the latest version of the Software alongside the Products in accordance with the terms and conditions herein. In this Agreement, all references to the pronouns "you" or "your" shall mean you, the end user who has purchased the Products and/or the Software. References to "we" in this Agreement shall mean Zhaoqing Hejia Electronics Co., Ltd.

We may, but are not obligated to, release software updates, patches, and fixes (collectively referred to as "Updates"). If we release Updates to the public or other users, we may (without obligation) provide such Updates to you. All updated Software shall be governed by the terms of this Agreement. We reserve the right to revise this Agreement at any time. To obtain new Updates, you may be required to review and accept the revised Agreement prior to downloading and installing such Updates.

In some cases, if you decline to accept the update prompt, you may still use the original software, but you will not be able to access any new features added via the Update. In most circumstances, if you refuse to accept the prompt, we may require you to uninstall the installed version of the Software on your computer or render the Software inoperable. If continued use of the existing Software is conditional upon your acceptance of Updates provided by us, your license to use the installed version (or any other version) of the Software shall terminate on the date you decline to accept the Updates.

We retain all title and ownership rights to the Software, as well as all rights not expressly granted to you under this Agreement. You acknowledge and agree that nothing herein shall confer upon you any ownership interest in the Software or any part thereof. The Software is licensed to you, not sold. You further acknowledge and agree that we (or the relevant third-party software licensors, as applicable) hold all rights, title, and interests in and to the Software, together with all intellectual property rights pertaining thereto, including, without limitation, copyrights, patents, trademarks, and other proprietary rights.

The Software and its accompanying instructional materials are protected by copyright laws. Unauthorized reproduction of the Software and/or instructional materials is prohibited. You may be held legally liable for any copyright infringement arising from your failure to comply with the terms and conditions of this Agreement. You may make one (1) copy of the Software solely for backup purposes, provided that all copyright notices are retained on such backup copy.

Your use of the Software is subject to the following additional restrictions:

1. Modify, adapt, translate, decompile, reverse engineer, disassemble the Software, or attempt to obtain the source code of the Software;
2. Create derivative works based on the Software;
3. Tamper with or interfere with the functions, transmission or operation of the Software during installation or use;
4. Sell, rent, transfer, resell or distribute the Software to any third party, unless the original medium carrying the Software is transferred together with the Products originally purchased with the Software;
5. Reproduce, duplicate or copy the Software (except for reasonable backup purposes), modify the Software or create derivative works thereof;
6. Remove any proprietary statements, labels or marks displayed on the Software;
7. Export or re-export the Software, directly or indirectly, to any countries prohibited by applicable laws.

Disclaimer of Warranties

We shall not be liable for any damages arising from your downloading, installing, using or uninstalling the Software. Notwithstanding any representations or warranties we may provide in relation to the Products, the Software is provided without any representations or warranties whatsoever. To the fullest extent permitted by applicable laws, we disclaim all express, implied and statutory warranties, including without limitation warranties of merchantability, fitness for a particular purpose and non-infringement, whether imposed by law, trade custom, course of dealing or otherwise.

We do not warrant that the Software will operate continuously, without interruption or error; that it will be compatible with any other products, software or hardware; that it will not damage other products, software or hardware, cause data loss or corruption, or that it has a minimum service life. Furthermore, we expressly disclaim all warranties to any parties other than the licensee of the Software. This disclaimer may not be enforceable in certain jurisdictions, in which case the provisions of this clause shall not apply to you.

Limitation of Liability

Under no circumstances shall we be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising out of or in connection with your downloading, installing, using, misusing or uninstalling the Software, or your reliance thereon. This limitation applies regardless of the nature of the claim, whether based on contract, warranty, tort (including negligence), product liability, personal injury or other causes of action, and regardless of whether we have been advised of the possibility of such losses or damages. This liability limitation may not be enforceable in certain jurisdictions, in which case the provisions of this clause shall not apply to you.

You acknowledge and agree that any Third-Party Applications bundled with the Software are provided by third-party suppliers rather than us. Your downloading, installing and use of such Third-Party Applications shall not be governed by this Agreement, but shall be subject to the terms of use, license agreements, privacy policies and/or other agreements of the respective third-party suppliers. We expressly disclaim all liabilities relating to Third-Party Applications and your use thereof.

By downloading, installing, using or uninstalling the Software, you agree to indemnify and hold harmless us, our affiliates, and their respective directors, officers, employees and agents (collectively the "Indemnified Parties") from and against all losses, damages, injuries, lawsuits, claims, demands and expenses (including legal fees and litigation costs) of any kind asserted against the Indemnified Parties, arising from: (1) your breach of this Agreement; or (2) any acts related to your downloading, installing, using or uninstalling the Software, including but not limited to claims for personal injury (including death), reputational harm, privacy infringement, damage to tangible property or data loss and impairment of use of tangible property or data.

If any court of competent jurisdiction deems any provision or part of this Agreement invalid or unenforceable for any reason, such invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely reflects the original intent of the original provision. The remaining provisions of this Agreement shall remain in full force and effect.

This Agreement constitutes the entire agreement between you and us concerning your downloading, installing, using and uninstalling the Software, and supersedes all prior oral or written agreements on the same subject matter.

The latest version of this Agreement and any revisions thereto shall be published on our official website. Your use of the Software shall be subject to the version of this Agreement in effect at the time of use.