IMPORTANT – PLEASE READ THESE TERMS CAREFULLY BEFORE DOWNLOADING, INSTALLING, OR USING BATTERY DOCTOR(“PRODUCTS”). BY DOWNLOADING, INSTALLING, OR USING THE PRODUCTS, OR BY CLICKING ON “I ACCEPT” BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS HEREIN, DO NOT DOWNLOAD OR USE THE SOFTWARE OR USE THE SERVICES, OR CLICK ON “I ACCEPT”.
This end user license agreement is between you (“you”), as either an individual or as a business entity, and BATTERY DOCTOR.
In exchange for your use of the Products, you agree as follows:
1. License
1.1. Grant of License. Battery Doctor grants you a limited, non-exclusive, non-transferable, and revocable license to download, install, back-up, and use the Software and Services (collectively, the “Products”) , including any documentation and files accompanying the Products. You shall not resell, lease, sell, modify, reverse engineer, decompile, or create derivative works of the Software. All rights not expressly granted herein are reserved to Battery Doctor.
1.2. Restrictions. The licenses granted herein are only valid if:
(i) The Products are NOT modified in any manner;
(ii) The Products are only installed and used in accordance with Battery Doctor's policies,
(iii) You possess the necessary authority and power to install and use the Products,
(iv) You promptly pay all license fees when due, and
(v) This agreement is accepted without modification and has not been breached.
1.3. Registration. When registering Products, you must provide accurate information and must update the registration information if it changes. Battery Doctor may limit your ability to use the Products if you fail to complete a required registration process. You may also be required to select a username and password. Maintaining the confidentiality of this password and username is your responsibility. You must notify Battery Doctor immediately of any unauthorized use of your account.
1.4. Updates. Battery Doctor may provide updates to the Products. Some Products update automatically without notice.
2. Specific Licenses
2.1. The Products may be used royalty-free for personal use. Installation of the Products may include installation of additional Products.
2.2. GNU and Other Third Party Licenses. The Products may include some software programs that are licensed (or sublicensed) to the user under the GNU General Public License (GPL) or other similar open source software licenses (“Open Source Software”) which, among other rights, permit the user to copy, modify and redistribute certain programs, or portions thereof, and have access to the source code. If such licenses require for any software which is distributed in an executable binary format, that the source code also be made available, then the source code will be included together with the binary code in a text file. The rights granted under any such Open Source Software licenses shall only apply to the source code or binary code distributed thereunder.
3. Ownership
3.1. No Ownership Rights. The Products are being licensed, not sold. Battery Doctor retains all ownership rights in and to all Products, including any intellectual property rights therein.
3.2. Copyright. The Products contains material that is protected by China and foreign intellectual property laws, including copyright, trade secret, and patent law. All rights not granted to you herein are expressly reserved by Battery Doctor. You may not remove any copyright or other proprietary notice of Battery Doctor from the Products.
3.3. Content. Content, including files, links, images, and text, made available or accessible through the Products is the sole responsibility of the person or entity from whom it originated and is the property of the applicable owner. You accept all responsibility for security risks and any damage resulting from any content viewed or accessed through the Products, and Battery Doctor is not responsible for any damage or loss caused by your use or reliance on any of the content, goods or services, or information available through third party sources regardless of how presented.
You should not infringe any intellectual property rights. You are solely responsible in using this software to copy, forwarding or spread any contents from the internet. You should obtain any necessary permission before such operations. You are solely responsible to any legal liability arose by your abuse of this software and any contents.
3.4. Submissions. Any communications sent to Battery Doctor are the property of Battery Doctor or its affiliates. Unless stated otherwise herein, submissions are not considered confidential, and Battery Doctor is not liable for any use or disclosure of a submission. Except as noted herein, Battery Doctor is entitled to unrestricted use of any submissions for any purpose whatsoever without compensation to the provider of the submission.
4. Restrictions
4.1. Lawful Use. The Products are solely for lawful purposes and use. You are responsible for ensuring that your use of the Products is in accordance with this agreement and any applicable laws, statutes, ordinances, regulations, rules and other government authority.
4.2. Compliance. You shall (1) not interfere or disrupt networks connected to Battery Doctor’s services; (2) comply with all regulations, policies and procedures of networks connected to the services; (3) not use the Products to infringe the privacy or intellectual property rights of a third party; (4) not use the Products to distribute or transmit any file that contains malware, (5) not attempt to gain unauthorized access to other computer systems; and (6) not use the Products to transmit any unlawful, harassing, libelous, defamatory, indecent, abusive, violent, threatening, intimidating, harmful, vulgar, obscene, offensive or otherwise objectionable material of any kind or nature.
5. Termination.
5.1. Term. This agreement is effective until terminated by you or by Battery Doctor.
5.2. Termination by You. You may terminate this agreement at any time by removing all copies of the software in your possession or under your control.
5.3. Termination by Battery Doctor. Battery Doctor may terminate this agreement at any time by posting notice of the termination on its website or sending an email to the address provided during your registration for the Products. Battery Doctor may monitor its systems for excessive consumption of network resources and may take technical or other remedies deemed necessary to prevent or eliminate any excessive consumption. If Battery Doctor deems your use to be excessive, Battery Doctor may terminate your account or adjust the price of the Products.
5.4. Events Upon Termination. Upon termination, you must immediately cease using the Products and delete all copies of any related software found on your computer and any backup copies made. Upon termination, Battery Doctor may disable further use of the Products without further notice and may delete, remove, and erase any account information, any backup data stored by Battery Doctor, and any other information stored or collected by Battery Doctor. Such deletions are in Battery Doctor’s sole discretion and may occur without notice to you.
6. Indemnification.
6.1. Indemnification. You shall indemnify (i) Battery Doctor, (ii) Battery Doctor’s affiliates, and (iii) Battery Doctor’s and its affiliate’s directors, officers, employees, and agents (each an “Indemnified Person”) against all liabilities, losses, expenses, or costs (including reasonable attorney’s fees) (collectively “Losses”) that, directly or indirectly, are based on your breach of this agreement, information provided by you, or your infringement on the rights of a third party.
6.2. Indemnification Procedure. Battery Doctor shall notify you promptly of any demand for indemnification. However, Battery Doctor’s failure to notify will not relieve you from your indemnification obligations except to the extent that the failure to provide timely notice materially prejudices you.
6.3. Additional Liability. Your indemnification obligations are not Battery Doctor’s sole remedy for a breach and are in addition to any other remedies Battery Doctor may have against you under this agreement. Your indemnification obligations survive the termination of this agreement.
7. Disclaimers and Limitation of Liability.
7.1. Internet. You acknowledge that the Products are subject to the operation and telecommunications infrastructures of the Internet and the operation of your Internet connection services, all of which are beyond Battery Doctor’s control.
7.2. Guarantee Disclaimer; EXCEPT AS SPECIFICALLY STATED OTHERWISE IN THIS AGREEMENT, Battery Doctor EXPRESSLY DISCLAIMS ALL IMPLIED AND EXPRESS WARRANTIES IN THE PRODUCTS. THIS DISCLAIMER INCLUDES ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND IS EFFECTIVE TO THE MAXIMUM EXTENT ALLOWED BY LAW. Battery Doctor DOES NOT GUARANTEE THAT 1) THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR 2) THAT ACCESS TO THE PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
7.3. Damage Limitation. THE TOTAL LIABILITY OF Battery Doctor AND ITS AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AND CONTRACTORS, RESULTING FROM OR CONNECTED TO THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID BY YOU FOR THE PRODUCTS. YOU WAIVE ALL LIABILITY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THIS WAIVER INCLUDES ALL DAMAGES FOR LOST PROFITS, REVENUE,USE, OR DATA AND APPLIES EVEN IF Battery Doctor IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. These limitations apply to the maximum extent permitted by law regardless of 1) the reason for or nature of the liability, including tort claims, 2) the number of claims, 3) the extent or nature of the damages, and 4) whether any other provisions of this agreement have been breached or proven ineffective.
7.4. Data Transfer. ALL MATERIAL AND/OR DATA DOWNLOADED OR OBTAINED THROUGH THE PRODUCTS IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR THE USE OR YOUR POSSESSION OF SUCH DATA OR MATERIAL. Battery Doctor DOES NOT ACTIVELY MONITOR ANY INFORMATION OR MATERIAL TRANSFERRED THROUGH ITS PRODUCTS AND CANNOT WARRANT THE CONTENT OF SUCH MATERIAL OR DATA.
7.5. Exceptions. If any legal right disallows an exclusion of warranties or disallows limiting certain damages, then the disclaimers of guarantee and limitations on liability herein apply to the maximum extent allowed by law.
7.6. Limitations on Remedy. Except for actions and claims related to a party’s indemnification obligations, all actions or claims relating to this agreement must be brought within one (1) year from the date when the cause of action occurred.
8. Protection of Personal Information
We regard your information is significant and we released the Privacy Policy to disclose what infornation we collect and how it would be used and the purpose of collection.
9. Miscellaneous
9.1. Notices. All questions, notices, demands, or requests to Battery Doctor with respect to this Agreement shall be made in Chinese or English writing to:app@cmcm.com.
9.2. Entire Agreement. This agreement and any documents referred to herein, is the entire agreement between the parties with respect to the subject matter, superseding all other agreements that may exist with respect to the subject matter. Section headings are for reference and convenience only and are not part of the interpretation of the agreement.
9.3. Modifications. Battery Doctor may amend or discontinue certain Products offered under this agreement in its sole discretion, including modifying renewal license fees, availability, equipment and software requirements, and limiting or restricting use of Products. Battery Doctor may amend this agreement to the extent allowed by law. Battery Doctor will give you notice of these amendments by posting the modified agreement to its website. You must periodically visit Battery Doctor’s website to be aware of any changes. Continued use of a Product after an amendment constitutes your acceptance of the change.
9.4. Waiver. A party’s failure to enforce a provision of this agreement does not waive the party’s right to enforce the same provision later. To be effective, all waivers must be both in writing and signed by the party benefiting form the waived provision.
9.5. Force Majeure and Internet Frailties. Force Majeure includes circumstances beyond one’s reasonable control， including without limitation acts of God， war， riot， terrorism， embargoes， acts of civil or military authorities， fire， flood or accidents. Battery Doctor will not be responsible for any failure to perform its obligations under this EULA due to Force Majeure. Each party acknowledges that the operation of the Internet is beyond the other party’s reasonable control, and neither party will be liable for a delay or failure caused by an interruption or failure of telecommunication or digital transmission links, Internet slow-downs or failures, or other such transmission failure.
9.6. Governing Law and Venue.
the laws of the People’s Republic of China govern the interpretation, construction, and enforcement of this agreement and all proceedings arising out of it, including tort claims, without regard to any conflicts of law principles. All proceedings or legal action arising from this agreement must be commenced in the courts of Battery Doctor’s domicile in Beijing China.
9.7. Assignment. You may not assign any of your rights or obligations under this agreement, whether by merger, consolidation, operation of law, or any other manner, without the prior written consent of Battery Doctor. You agree that Battery Doctor may assign its rights and obligations to any third party to the full extent permitted by law.
9.8. Severability. Any provision held invalid or unenforceable will be reformed to the minimum extent necessary to make the provision valid and enforceable. If reformation is not possible, the provision is deemed omitted and the balance of the agreement remains valid and enforceable.
9.9. Survival. All provisions relating to confidentiality, proprietary rights, indemnification, and limitations of liability survive the termination of the agreement.
9.10. Rights of Third Parties. There are no third party beneficiaries under the agreement.