| This is an End User License Agreement ("EULA")
between you, the end user of the software, and Beijing
Rising Technology Corporation Limited ("Rising"),
the owner of Rising software (including, but not limited
to, Rising Antivirus and Rising Personal Firewall, called
THE SOFTWARE or THE SOFTWARE PRODUCT hereafter). Please
read the EULA carefully before installing THE SOFTWARE.
The EULA applies to all versions of and updates to THE
SOFTWARE provided by Rising. By installing, copying, downloading,
visiting or using THE SOFTWARE PRODUCT in any way, you
agree to the terms and conditions of this EULA. The EULA
has the same effect as one signed through formal negotiation.
You may not use THE SOFTWARE unless you have agreed to
the above to keep THE SOFTWARE and its parts intact.
1. Definition
1.1 THE SOFTWARE or THE SOFTWARE PRODUCT means:
(1) All items including disks, CDs and all the contents
of other media that are attached with the EULA, including,
but not limited to, Rising's or the third party's computer
information or software.
(2) The relevant explanative written material, product
packaging and documentation, and
(3) Updated programs, modifications, renewals, additional
contents and other tools issued by Rising (if there
are any) which are permitted by Rising.
1.2 "Use" means: making use of any files
and related functions of THE SOFTWARE, such as "save",
"open", "install", "download",
"copy" and other functions.
2. Intellectual Property Rights
Any copy of THE SOFTWARE authorized by Rising belongs
to Rising, and its intellectual property rights belong
to Rising. The structure, organization and source code
of THE SOFTWARE are all Rising's commercial secrets
and may not be transferred. The PRC Copyright Law is
relevant to international treaties and laws of countries
where THE SOFTWARE is used and protects THE SOFTWARE.
Any use of THE SOFTWARE beyond the limits defined by
the EULA is forbidden and will be defined as infringement
of Rising's intellectual property rights.
You may not reverse engineer, decompile, disassemble,
modify, translate, or make any attempt to discover the
source code of THE SOFTWARE unless permitted by Rising.
Any information provided by Rising or obtained by yourself
may only be utilized within the scope of the EULA, and
must not be revealed to any third party or used to create
any software that is similar to THE SOFTWARE. THE SOFTWARE
may not be used for any commercial purposes without
the authorization of Rising.
The use of the trademark, including the logo of the
trademark's owner must conform to the TRADEMARK LAW
of the PRC. The registered trademark or trademark of
Rising includes, but is not limited to, Rising, Rising
Software, Rising Antivirus Software, Rising Antivirus
and Rising Personal Firewall.
The license to use THE SOFTWARE as defined by the EULA
does not mean that Rising is conveying its intellectual
property rights to you.
3. Permissions regarding THE SOFTWARE PRODUCT
THE SOFTWARE PRODUCT is protected by the PRC Copyright
Law, International Copyright Treaty, other intellectual
rights laws and international intellectual rights treaties.
If you abide by the clauses in the EULA, you will be
entitled to non-monopolistic software permission and
may use THE SOFTWARE according to the purposes regulated
by the EULA to protect THE SOFTWARE PRODUCT.
3.1 The Authorized Scope of the Application
You are allowed to use one license on one computer only.
THE SOFTWARE may be used in a multi-user environment
or a network system provided that:
(a) Rising authorizes you to use THE SOFTWARE in a multi-user
environment, or
(b) You have purchased THE SOFTWARE license for each
node or each terminal.
3.2 Copy, Distribute and Transmit
You may use or copy THE SOFTWARE according to the regulations
of the EULA. You must guarantee that the copy, distribution
and transmission of THE SOFTWARE as regulated by the
EULA, including information regarding THE SOFTWARE,
documentation, copyright version and trademark of THE
SOFTWARE PRODUCT and the EULA is integrated and genuine.
You may create a duplicate of THE SOFTWARE for backup.
The duplicate may not be installed or used on any other
computer, and may not be transferred to others unless
permitted by Rising.
3.3 Transfer
You may not sublicense, rent, or lease any portion of
THE SOFTWARE except with Rising's permission. You may
transfer the license of THE SOFTWARE to others. The
prerequisites are:
(a) The EULA, THE SOFTWARE, and other software or hardware
bound or installed with THE SOFTWARE, including all
duplicates, updates and previous versions, should be
transferred together.
(b) You may not keep any copies including the backup
in computers and duplicates. And
(c) The entity which takes over THE SOFTWARE shall accept
all the terms and conditions of the EULA and other regulations
issued with the purchase of THE SOFTWARE.
4. Limited Warranty
4.1 Rising warrants all the individuals and all the
entities who have purchased THE SOFTWARE and agreed
to abide by the clauses of the EULA that within one
month of purchasing THE SOFTWARE, if it can not execute
properly due to faulty media on which THE SOFTWARE is
distributed, Rising will give you a replacement after
it is examined. However, this does not apply to the
following situations: cannot be executed or used properly
due to incorrect operation by the user, man-made damage,
illegal use, accident or loss of media. If you wish
to replace THE SOFTWARE according to the regulations
above, you must return THE SOFTWARE together with its
receipt to the place of purchase within 30 days of purchase.
4.2 Rising shall promise that THE SOFTWARE is in accordance
with the performance requirement described in THE SOFTWARE
documentation.
4.3 Rising shall not take any responsibility for the
commercial usage and applicability of THE SOFTWARE for
special purposes.
4.4 THE SOFTWARE is provided AS-IS without any warranty
whatsoever. You assume all risks and responsibilities
for selection of THE SOFTWARE to achieve your intended
results. Rising makes no warranty that THE SOFTWARE
will be error free or free from interruption or failure,
or that it is compatible with any particular hardware
or software.
4.5 Rising is in no way liable for any direct or indirect
damage or loss caused by your use or reliance upon THE
SOFTWARE (including, without limitation, loss of revenue
or profit, interruption of business, loss or damage
of data or other economic loss), even if advised of
the possibility of such damages or if such damages are
foreseeable.
5. License Termination
If you fail to abide by any regulation defined in the
EULA, Rising has the right to terminate your license
to use THE SOFTWARE at any time. When the EULA is terminated,
you must destroy the original components of THE SOFTWARE
and all its duplicates or return them to Rising.
This EULA is subject to the laws and regulations of
the PRC.
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