[End User License Agreement]
Last Updated: January 1,2024
The Website (as defined below) is subject to the terms and conditions detailed in the following license agreement.
Pantum International Limited. (“LICENSOR”) IS WILLING TO LICENSE THE WEBSITE TO THE PERSON OR ENTITY RECEIVING THE WEBSITE (“YOU”) SOLELY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS END USER LICENSE AGREEMENT (“EULA”) AND ITS ANNEX, THE“PANTUM” PRIVACY POLICY (“Privacy Policy”). PLEASE READ THESE TERMS BEFORE BROWSING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS.
IMPORTANT NOTICE: SECTION 12 IS A BINDING PROVISION REGARDING LAW APPLICATION AND ARBITRATION, AND SPECIFIES YOUR WAIVER OF THE RIGHT TO PARTICIPATE IN CLASS ACTIONS OR CLASS ARBITRATIONS FOR DISPUTES IN ANY JURISDICTION.
1.Website
“Website” means Pantum website.
2.Ownership
You acknowledge and agree that the Website constitutes the valuable trade secrets of Licensor and its third party licensors and that Licensor or its third party licensors own exclusively all foreign and domestic copyrights and other intellectual property rights in and to the Website. Except as expressly licensed to You in this EULA, all rights in and to the Website and all intellectual property rights therein are reserved by and to Licensor and its third party licensors. No title to, or ownership of, the Website is transferred to You.
3.License
After your acceptance of this EULA, during the term of this EULA, Licensor grants to You, and You agree to accept, a limited, non-exclusive, non-transferable, personal license to use the Website only for your own customary business or personal purpose.
4.Restrictions
(a) You shall not, and shall not permit others to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of this Website in any manner, without the prior written consent of Licensor.
(b) You shall not export or re-export the Website (or any portion thereof) in any form under violation of export restrictions by the government of your country.
(c) You shall comply with any additional limitations and restrictions regarding the Website that may be set forth in the related documentation.
5.Links to Third Party Website
Our website may provide links to third-party websites. If you use these links, you will leave our Website. Licensor does not control any of the third-party websites and is not responsible for any of the third-party websites. If you decide to access any of the third-party websites linked to from our Website, you shall be deemed subject to the privacy policies for those third-party websites. Licensor does not make any representations about such third-party websites.
6.Consent To Use Of Data
You acknowledge and agree that the Licensor (and its affiliates) may collect and use the information you provide regarding (i) the Website, (ii) the support services for the Website, and (iii) your use of the Website, which specifically includes: your first and last name, e-mail address, country, telephone number; the Licensor and its affiliates will only collect from you the information necessary to provide you with services. Any personal data and information of natural persons collected in this way are processed in accordance of the Licensor’s Privacy Policy. The Privacy Policy is an annex to EULA and has the same legal effect as EULA. Except for the sole purpose of providing services for you, the Licensor shall not use the data in a way that personally identifies you.
7.DISCLAIMER OF WARRANTY
THE WEBSITE IS NOT WARRANTED AND IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ANY WARRANTIES THAT MAY ARISE FROM A COURSE OF CONDUCT, TRADE USAGE OR TRADE PRACTICE. LICENSOR DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THE OPERATION OF WEBSITE SHALL BE UNINTERRUPTED OR ERROR-FREE OR COMPATIBLE WITH THE DATA PROCESSING ENVIRONMENT USED BY YOU OR THAT DEFECTS CAN OR SHALL BE CORRECTED. The competent jurisdiction may not allow the exclusion of any implied warranty, so the above disclaimers may not apply to you. You may have other legal rights with competent jurisdiction.
8.LIMITATION OF REMEDIES
Licensor’s cumulative liability for all losses and damages under or in connection with this EULA, including, without limitation, those arising out of contract, tort (including actions based on negligence, strict liability, and willful and/or intentional conduct), warranty, indemnity, or other theory of liability and whether for failure to deliver or perform, or related to the design, performance, use, defect or failure of the Website, and your sole and exclusive remedy, shall be limited to the amount of U.S. $5.00. IN NO EVENT SHALL LICENSOR OR ITS THIRD PARTY LICENSORS OR THEIR RESPECTIVE AFFILIATED COMPANIES, SUPPLIERS, DISTRIBUTORS, OR RESELLERS BE LIABLE FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, COLLATERAL, EXEMPLARY, PUNITIVE, RELIANCE OR SPECIAL DAMAGES RELATING TO OR THAT RESULT FROM USE OR INABILITY TO USE THE WEBSITE, EVEN IF SUCH DAMAGES ARE FORESEEABLE OR LICENSOR OR ITS LICENSORS OR ITS AUTHORIZED RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY YOU BASED ON A THIRD PARTY CLAIM, AND REGARDLESS OF WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY, AND WILLFUL AND/OR INTENTIONAL CONDUCT), WARRANTY, INDEMNITY, OR OTHER THEORY OF LIABILITY. YOU AGREE THAT (A) THE LIMITATIONS OF LIABILITY SET FORTH IN THIS EULA REPRESENT A VALUABLE AND NECESSARY INDUCEMENT FOR LICENSOR TO LICENSE THE WEBSITE TO YOU, AND (B) SUCH LIMITATIONS SHALL NOT CAUSE THIS EULA TOFAIL OF ITS ESSENTIAL PURPOSE FOR LACK OF REMEDY OR OTHERWISE. The competent jurisdiction may not allow any limitations of liability, so the above disclaimers may not apply to you. You may have other legal rights in the competent jurisdiction.
9.Restricted Rights Legend
You acknowledge that the Website is commercial website developed at private expense. Your rights to use, duplicate, or disclose it is limited by this EULA.In the event the end user is a U.S. Government agency, use, duplication, and disclosure shall be limited as stated herein to the maximum extent permitted by the Defense Federal Acquisition Regulation Supplement or the Federal Acquisition Regulation, as applicable.
10.Termination
You may terminate your use of this Website at any time. Your license to use the Website shall terminate immediately and automatically without notice if You fail to strictly comply with this EULA. Upon any termination of this license, You shall immediately terminate all use of the Website.
11.Miscellaneous
This EULA can only be modified in writing signed by You and an authorized officer of Licensor. Should any term of this EULA, for any reason, be held to be illegal or unenforceable by a court of competent jurisdiction, the remaining terms of this EULA shall continue in full force and effect, and the offending term shall be limited or modified to the extent necessary to make it enforceable.
12.APPLICABLE LAW AND JURISDICTION
12.1 The EULA shall be governed and construed in accordance with the laws of People’s Republic of China, without application of conflict of law principles.
12.2 Any dispute arising from or in connection with the EULA shall be submitted to the Shenzhen Court of International Arbitration (SCIA) for arbitration. This Arbitration shall be conducted at Shenzhen according to its existing arbitration rules. The number of arbitrators shall be one, and the language of arbitration shall be English.
12.3WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND LICENSOR AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. CLASS ACTION LAWSUITS, CLASS-WIDE ARBITRATIONS, PRIVATE ATTORNEY-GENERAL ACTIONS, AND ANY OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY ARE NOT ALLOWED. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING.
12.4 THE SECTION 12.3 SHALL ALWAYS APPLY, REGARDLESS OF THE LAW AND THE JURISDICTION ACTUALLY APPLICABLE.
