EULA
Important Notice:
Please read this End User License Agreement ("this Agreement") carefully. By downloading, installing, or using the LincOS client application provided by Shenzhen Lincplus Technology Co., Ltd. ("the Company"), which is used to manage LincStation NAS series devices (including but not limited to iOS, Android, and Windows versions, hereinafter referred to as "the Software"), you are agreeing to be bound by the terms of this Agreement. If you do not agree to all the terms of this Agreement, do not install, copy, or use the Software.
1. Acceptance of Agreement
By downloading, installing, activating, or using the Software, you confirm that you have the capacity to enter into a legally binding contract and agree to be bound by all terms and conditions of this Agreement. If you are acting on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to this Agreement.
2. License Grant
Subject to your compliance with all the terms and conditions of this Agreement, the Company grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable license to install and use the Software on devices that you or your affiliated entity legally own, solely for the purpose of managing LincStation NAS hardware devices that you legally own ("the Hardware Devices").
3. Use Restrictions
You understand and agree that the Software and accompanying Hardware Devices are intended for personal, family, or internal business use. You may not, nor may you permit any third party to, use the Software or Hardware Devices for any of the following commercial purposes:
3.1 Prohibition on Commercial Hosting Services
It is strictly prohibited to use the Software in conjunction with the Hardware Devices to provide commercial data hosting services, application hosting services, virtual private server (VPS) services, cloud storage services, or any similar hosting services to third parties.
3.2 Prohibition on Infringement and Illegal Use
You may not use the Software to store, share, disseminate, or distribute any content that infringes upon third-party intellectual property rights (such as copyrights, trademarks), privacy rights, or other legal rights, or any illegal, obscene, threatening, or defamatory content.
3.3 Other Restrictions
You may not:
(a) Copy, modify, reverse engineer, decompile, or disassemble the Software;
(b) Rent, lease, lend, sell, or sublicense the Software;
(c) Remove any proprietary rights notices.
4. User Content and Responsibility
You are solely responsible for all data, files, and information ("User Content") accessed, stored, processed, or distributed through the Software. You represent and warrant that you have the necessary rights to authorize the Company to provide services related to such content through the Software.
4.1 Data Backup Responsibility
You explicitly acknowledge and agree that data loss is an inherent risk of digital storage devices. You are responsible for taking all necessary measures to regularly back up User Content to multiple storage media or locations independent of the Software and Hardware Devices. The Company shall not be liable for any loss or damage to User Content for any reason, including but not limited to hardware or software malfunction, user error, or virus attacks.
4.2 Content Responsibility
You shall defend, indemnify, and hold the Company harmless from any third-party claims or actions arising from User Content.
5. Disclaimers and Liability Limitation
5.1 Disclaimers
The Software is provided "as is" and "as available," without any express or implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Company does not warrant that operation of the Software will be uninterrupted or error-free.
5.2 Limitation of Liability
To the maximum extent permitted by law, under no circumstances shall the Company, its affiliates, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages (including but not limited to lost profits, lost data, or business interruption), arising out of or related to this Agreement or your use of the Software, regardless of the cause.
5.3 Liability Cap
In any event, the total cumulative liability of the Company under this Agreement shall not exceed the amount you have actually paid to the Company for the specific software license that gave rise to such liability in the preceding twelve (12) months (if any). If the Software is provided free of charge, the Company shall have no liability whatsoever. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
6. Termination
This Agreement remains effective as long as you comply with the terms. If you breach any terms of this Agreement, this license will automatically terminate, and you must immediately cease using the Software and destroy all copies. Upon termination, sections 3, 4, 5, 6, and 8 shall survive.
7. Governing Law and Dispute Resolution
The interpretation, validity, and execution of this Agreement shall be governed by the laws of the People's Republic of China (excluding its conflict of laws rules). Any dispute arising from or related to this Agreement shall be submitted to the competent People's Court in Shenzhen, Guangdong Province, China, where the Company is located, for litigation.
8. Contact Us
If you have any questions about this Agreement, please contact us at: support@lincplustech.com
