Software License Agreement and other Policy
Software License Agreement
including privacy policy and other policy
Please
be sure to read carefully and fully understand the contents of each clause.
If
you have comments or suggestions about this agreement, please email us (See our
email address on the excellentuxe.com), and we will review it as soon as
possible related issues and respond to your request within the time limit
specified by laws and regulations.
Unless
you have fully read, fully understood and accepted all the terms of this
Agreement, you have no right to install or use the Software and/or related
services. If you click "Agree", "Next" or your
installation, use, etc., or you express your acceptance of this Agreement in
any other express or implicit manner, you are deemed to have read and agreed to
be bound by this Agreement. This agreement will have legal effect between you
and our company and become a legal document binding on both parties.
If
you do not have full capacity for civil conduct due to factors such as age,
intelligence, etc., please read and judge whether you agree to this agreement
in the company of a legal guardian (hereinafter referred to as the
"guardian").
If
you are a user, your conclusion or performance of
this agreement and your use of this service must also comply with the laws of
the country or region to which you belong and/or are located.
1.
Scope of the Agreement
This
agreement is between you and Excellent User Experience and Ergonomics LLC
(hereinafter referred to as the "Company") regarding your
installation and use of human cognition and behavior simulation software
(hereinafter referred to as the "Software"), as well as your use
agreement. This software mainly includes:
• The installation package of the software and all files generated after
installing the software through the installation package
• The XML file provided by our company is used as an example model
• Our company may provide Excel files as auxiliary files for this software
• Our company may provide Lua files as auxiliary files for this software
• Introduction materials and usage instructions for the software provided by
our company (including text materials, videos, etc.)
• Learning materials for the software provided by our company (including
text materials, videos, etc.)
The dongle refers to the dongle that comes
with your purchase of the company's software.
2.
Acquisition of software
You can obtain this software directly from
the customer service of the company's official website or through channels
authorized by the company. If you obtain this software or an installation
program with the same name as this software from a third party not authorized
by our company, our company cannot guarantee that the software can be used
normally and is not responsible for any losses caused to you.
3.
Software installation and uninstallation
• After opening the installation program, you need to follow the steps
prompted by the program to install it correctly.
• In order to provide more high-quality and secure services, the company may
recommend you to install other software when installing this software. You can
choose to install it or not.
• Due to business strategy arrangements or adjustments, etc., the specific
service content available to users in different regions may be different. The
specific services provided by the company shall prevail.
• If you no longer need to use this software or need to install a new
version of the software, you can uninstall it yourself. If you are willing to
help the company improve its products and services, please inform us of the
reason for uninstallation.
4.
Software updates
You understand and agree: Due to the
particularity of this software, our company will provide you with the software
version corresponding to the time of your purchase based on the time of your
purchase. However, since this software is not Internet software, our company
may not necessarily update the version for you for free. If you need the latest
version of the software, you may need to contact our company and pay a certain
fee to obtain the latest version.
5.
Privacy Policy: User Personal Information and Privacy Protection
This
software does not collect users' personal information, nor does it require you
to enter any personal information. The normal operation of this software does
not require the Internet, nor does it send information to other terminals or
servers through the Internet. To protect your privacy, you acknowledge and
agree not to enter any personal information when using this software.
6.
User Code of Conduct
You fully understand and agree to all of the
following:
• This software is a simulation software, and there is no guarantee that its
simulation results will be consistent with the results of actual experiments or
real behaviors. The simulation results cannot replace experiments or real
behaviors.
• If you use this software for prediction or analysis of human cognition and
behavior, user interface design, environmental design, human-machine
environment system design, etc., our company or this software does not assume
any responsibility for the process, results, or application of your use of the
software.
• The Company is not responsible for the deletion or failure to store your
relevant data in this software and/or this service due to reasons not caused by
the Company.
• You should back up your own data and information stored in the Software
and/or the Service or data and information related to the Software and/or the
Service.
• If you violate laws and regulations or this agreement or the software
usage period expires, the company has the right to cancel or terminate your use
of the software
• You must abide by laws and regulations when using this software. You are
not allowed to produce, copy, publish, disseminate information containing the
following contents or engage in related activities. You are also not allowed to
provide information for producing, copying, publishing, disseminating
information containing the following contents or engaging in related
activities. convenient:
(1)
Opposing the basic principles established by the Constitution;
(2)
Other content prohibited by laws and administrative regulations.
You
fully understand and agree to all of the following:
• Unless approved in writing by the Company, you shall not engage in the
following actions:
(1)
Delete the copyright information on the software and its copies, or delete or
modify the company’s statement on the ownership and intellectual property
rights of the authorized software
(2)
Reverse engineer, reverse assemble, and decompile the software, or otherwise
try to discover the source code of the software.
(3)
Counterfeiting or plagiarizing part or all of the same or similar software
design programs.
(4)
Crack, decompile, rent, lend, copy, modify, link, reprint, assemble, publish,
publish, establish mirror sites, etc. for this software including auxiliary
materials, introduction materials and learning materials.
(5)
Counterfeit or plagiarize the auxiliary materials, introduction materials and
learning materials of this software.
(6)
Crack, decompile, rent, lend, copy, modify, link, reprint, assemble, publish,
publish, establish mirror sites, etc. the dongle.
(7)
By modifying or forging instructions and data during the operation of the
software, adding, deleting, or changing the functions or operating effects of
the software, or operating or disseminating the software and methods used for
the above purposes to the public, regardless of whether these actions are for
Business purposes.
(8)
Log in or use this software and/or this service through third-party software,
plug-ins, plug-ins, and systems not developed and authorized by our company, or
produce, publish, and disseminate the above tools.
(9)
Interfere with this software and/or this service and its components, modules,
data, etc. by yourself, authorize others, or use third-party software.
(10)
Other behaviors that may affect or interfere with the normal operation of this
software and/or this service.
(11) Provide the software or part of it,
including installation files, files generated after installation, auxiliary
forms and files, software introduction materials, usage instructions, and
learning materials (including written materials, videos, etc.), whether for
profit or non-profit purposes.
(12)
Provide dongles to other individuals or organizations without the written
permission of the company, whether for profit or non-profit purposes.
7.
Take responsibility for your own actions
You fully understand and agree:
You must be responsible for all your actions
in using this software and/or this service, including any content you post and
any consequences arising therefrom. You should make your own judgment on the
content you come into contact with when using this software and/or this
service, including risks arising from reliance on the accuracy, completeness or
usefulness of the content, and bear the corresponding risks arising therefrom.
The Company shall not be liable to you for any loss or damage caused by the aforementioned
risks to the extent permitted by law.
8
Intellectual Property Statement
You fully understand and agree:
• Our company is the intellectual property owner of this software. This
software includes all auxiliary materials, introduction materials, learning
materials, copyrights, trademark rights, patent rights, trade secrets and other
intellectual property rights, as well as all information content related to
this software (including but not limited to text, pictures, audio, video ,
charts, interface design, layout framework, relevant data or electronic
documents, etc.) are protected by laws, regulations and corresponding
international treaties. The company enjoys the above-mentioned relevant
intellectual property rights in accordance with the law, except for the rights
that the relevant rights holders should enjoy in accordance with the provisions
of the law.
• Without the written consent of the Company or relevant rights holders, you
may not implement, utilize, or transfer the above intellectual property rights
by yourself or allow any third party for any commercial or non-commercial
purpose.
• Without the written consent of our company, you may not use this software
(including installation files, files generated after installation, auxiliary
forms and files, software introduction materials, instructions for use,
dongles, learning materials (including text materials, videos, etc.) To any
other person or organization
• In any case, you are not allowed to copy, decompile or crack the software
or its dongle. Party B will be held legally responsible for any violation of
national intellectual property laws.
• The company owns the intellectual property rights of the software
including all supporting materials. Party B’s software includes the copyright,
trademark rights and other rights of the logo, layout design, typesetting
method, text, pictures, graphics, videos, ideas, patterns, etc. included in all
supporting materials. Intellectual property rights are protected by law. You
may not publish the above content on any platform or media without the written
consent of our company.
• The Company has the right to pursue any tort liability of the breaching
party in accordance with laws and regulations.
9.
Legal liability
You fully understand and agree to all of
the following:
If the Company discovers and receives
complaints and reports from others on its own, and the Company independently
determines that your behavior or published content violates this Agreement
and/or other agreements and rules issued by the Company, or violates laws and
regulations , the company has the right to unilaterally take one or more of the
following measures at any time according to the corresponding situation:
(1)
Warn you.
(2)
Restrict your use of some or all functions of this software and/or this
service.
(3)
Delete, block relevant content or disconnect links.
(4)
Suspension or termination of your use of this software
(5)
Take other reasonable and legal measures.
(6)
Save necessary information such as relevant content of reports and report to
relevant departments, cooperate with investigations, etc.
(7)
Pursue your legal liability in accordance with the law.
• If you violate laws and regulations, this Agreement and/or other
agreements and rules of the Company, and the Company takes any actions or
measures against you or the Software and/or the Service you use, resulting in
your temporary or permanent inability to use the Software , you shall bear the
corresponding consequences (including but not limited to communication
interruption, clearing or unavailability of user information, related data,
codes, value-added services, products or services, etc.). You shall be solely
responsible for any losses caused to you.
• You should take reasonable and safe backup outside of this software for
the data generated or stored due to the use of this software. If the Company
takes measures such as permanently blocking your account in accordance with
this Agreement, the Company has the right to delete all your data related to
this service or all data and information you store in this service. , you shall
bear the corresponding consequences yourself.
• If you cause any damage to a third party, you shall be solely responsible
for it; if the company suffers losses as a result, you shall also compensate
it.
10.
Disclaimer
You fully understand and agree:
• This software is only a simulation software. The company or this software
cannot guarantee that the simulation results will be consistent with the
results of actual experiments or real behaviors, and the simulation results
cannot replace experiments or real behaviors.
• If you use this software for prediction or analysis of human cognition and
behavior, user interface design, safety analysis, environmental design,
human-machine environment system design, etc., our company or this software
will not be responsible for the process, results, or application of your use of
the software. assume any responsibility
• The company does not assume any responsibility for the inability to run,
interruption or obstruction of the operation of the software, or errors in the
operation results caused by the following circumstances:
(1) The software is damaged by computer
viruses, Trojan horses or other malicious programs and hacker attacks, causing
the software to be unable to run, run to be interrupted, or the running results
to be erroneous.
(2) Failures in the user's or the company's
computer software, systems, hardware and communication lines may cause the
software to fail to run, cause interruptions, or result in errors.
(3) The software cannot run, is interrupted,
or has erroneous results due to improper user operation or use of the software
in a manner not authorized by the company.
(4) The software cannot run, is interrupted,
or has incorrect running results caused by compatibility issues between the
software and your PC.
(5) The software cannot run, is interrupted,
or has incorrect running results due to compatibility issues between the dongle
and its software and your PC.
(6) The software cannot run, is interrupted,
or has erroneous operating results caused by other circumstances beyond the
company's control or reasonably foreseeable.
12.
Terminal security responsibilities
You fully understand and agree:
This software and/or this service, like
most other software and services, may be affected by a variety of factors
(including but not limited to user reasons, the quality of the terminal and PC
you use, social environment, etc.); it may also be affected by various factors.
The intrusion of various security issues (including other software downloaded
and installed by users or other websites visited may contain viruses, Trojan
horses or other malicious programs, threatening the security of your terminal
information and data, thereby affecting the normal use of this software and
this service) etc.), therefore, you should strengthen information security
protection to avoid losses.
You may not use this software to create,
publish, use, or spread malicious programs that affect the personal information
or property of any other person or organization.
Maintaining the security and normal use of
the software is the joint responsibility of the Company and you. The Company
will reasonably and prudently take necessary technical measures in accordance
with industry standards to protect the security of your terminal information
and data, but you acknowledge and agree that the Company cannot provide any
guarantee in this regard.
13.
Force majeure and other reasons for exemption
You understand and agree:
In the process of using this service, you may encounter force majeure and other risk factors, which will affect the service. Our company is not responsible for any losses caused by force majeure. Force majeure refers to objective events that cannot be foreseen, cannot be overcome and cannot be avoided, and have a significant impact on one or both parties, including but not limited to natural disasters such as floods, earthquakes, epidemics and storms, and social events such as wars, turmoil, government actions, etc. . When the above situation occurs, please notify our company. After receiving your notice, our company will cooperate with relevant units and strive to handle it in a timely manner. However, our company will not be exempted from liability for any losses caused to you to the extent permitted by law.
14.Others
• Your use of this software and/or this service shall be deemed that you
have read this Agreement and accept to be bound by this Agreement. The Company
has the right to modify the terms of this Agreement when necessary. You can
check the latest version of the agreement terms on the relevant service page.
After the terms of this agreement are changed, if you continue to use the
software or services provided by our company, you will be deemed to have
accepted the changed agreement.
• The place where this agreement is signed is in Tucson, AZ.
• The establishment, effectiveness, performance, interpretation and dispute
resolution of this agreement shall be governed by the laws of Arizona and
Federal Laws of USA.
• If any dispute or dispute arises between you and the Company, it should
first be resolved through friendly negotiation.
• The titles of all clauses in this Agreement are only for the convenience
of reading. They have no actual meaning and cannot be used as a basis for
interpreting the meaning of this Agreement.
• Regardless of whether any provision of this Agreement is partially invalid
or unenforceable for any reason, the remaining provisions shall remain valid
and binding on both parties.
(End
of text)
Excellent User Experience and Ergonomics LLC
