End-User License Agreement (EULA)

Latest Updated: 2024-03-27

DrayTek Corp. ("DrayTek") is willing to license the software to you only if you accept all of the terms in this license agreement. Please read the terms carefully before completing the installation process, as installing the software indicates your consent to them. If you do not agree to these terms, DrayTek is unwilling to license the software to you and you should return the uninstalled software and packaging to the place of purchase for a refund. Some of DrayTek's products may contain third-party free and open-source software programs that allow you to freely copy, run, distribute, modify, and improve the software under the applicable terms of the third-party licenses (known as "Open-Sourced Components"). These Open-Sourced Components are listed in DrayTek website (www.draytek.com). DrayTek may have provided you with hardware and/or software or made third-party free software available for electronic download, and you are licensed to freely copy, modify, and redistribute that software under the applicable license terms of the third party. This End User License Agreement from DrayTek, including any restrictions or conditions, does not restrict any rights or licenses you may have with respect to the Open-Sourced Components under the applicable license terms of the third party.

1. Scope

This License governs your use of any and all computer software, mobile applications, embedded software, firmware, driver, printed or electronic documentation, or other code, whether on disk, in read only memory, or on any other media (collectively, the “DrayTek Software”) provided to you as part of or with a DrayTek Product.

2. Grant of License for Personal Use

DrayTek Corp. ("DrayTek") provides you with a non-transferable, non-sublicensed, non-exclusive license to use the Software and accompanying Documentation (“Documentation”) for internal business purposes only. The license is valid for the number of users specified on the sales order and invoice. You may create one backup copy of the Software and Documentation for archival, backup, or disaster recovery purposes only. Any rights not explicitly granted to you by DrayTek are reserved and all implied licenses are declined.

3. Ownership

You are granted a license to use the Software as long as this License Agreement remains in full effect, but you do not own the Software. Ownership of the Software, Documentation, and all intellectual property rights related to it will always belong to DrayTek. Any unauthorized use of the Software by any other entity is strictly prohibited and constitutes a violation of this License Agreement.

4. Copyright

The Software and Documentation are protected by international copyright law, trade secret law, international treaty provisions, and relevant national laws of each country. All rights not given to you under this agreement are reserved by DrayTek. You are not allowed to remove any proprietary notices belonging to DrayTek or its licensors from any copies of the Software or Documentation.

5. Restrictions

You are not allowed to publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, or create derivative works based on the Software or any part of it. You may not assign, sublicense, transfer, pledge as security, or encumber the rights and licenses granted under this agreement regarding the Software. DrayTek is not responsible for providing maintenance, technical support, or any other support for modified Software. Copying, reverse engineering, decompiling, reverse compiling, translating, adapting, or disassembling the Software or any part of it is not permitted, nor is attempting to create the source code from the object code. Unless explicitly allowed by this License, you may not market, co-brand, private label, or otherwise allow third parties to link to the Software or any part of it. Using the Software or any part of it for operating a service bureau or for the benefit of others is not allowed. You are not permitted to assist or allow any third party to do so. The Software may contain third-party software and copyright material. The use of these materials is governed solely by their respective terms. DrayTek may include certain third-party software as part of the Software package for convenience, but DrayTek has no obligation to provide technical or other support for such software, except for compliance with the applicable license terms of the third-party. For technical support and customer service related to third-party software and products, please contact the appropriate software vendor or manufacturer directly.

6. Confidentiality

You acknowledge that the Software contains proprietary trade secrets of DrayTek and you hereby agree to maintain the confidentiality of the Software using at least as great a degree of care as you use to maintain the confidentiality of your own most confidential information. You agree to reasonably communicate the terms and conditions of this License Agreement to those persons employed by you who come into contact with the Software, and to use reasonable best efforts to ensure their compliance with such terms and conditions, including, without limitation, not knowingly permitting such persons to use any portion of the Software for the purpose of deriving the source code of the Software.

7. Products and Services

In accordance with applicable laws, DrayTek reserves the right to make changes, add or remove features, services, or functions of its products or services without obtaining additional consent. DrayTek is not responsible for providing all features, services, or functions of its products or services and may choose to discontinue software updates for certain products or services at its own discretion.

8. Warranty

The software is provided "as is" and DrayTek disclaims all warranties to the maximum extent permitted by law. No warranties of any kind, whether expressed or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, and non-infringement, are given by DrayTek. The company does not guarantee that the functions in the software will meet your requirements, operate without errors, or be uninterrupted. Any defects or errors in the software may not be corrected, and it may not be compatible with any particular platform. Some jurisdictions may not allow the exclusion of implied warranties, in which case, all express and implied warranties will be limited to a duration of 30 days from the date of purchase of the software, and no warranties will apply thereafter.

9. Limitation of Liability

"DrayTek shall not be held liable for any indirect, special, punitive, or exemplary damages including, but not limited to, loss of business, profits, business interruption, or loss of business information arising from the use or inability to use the software or program, or any claims made by a third party. Even if DrayTek has been advised of such damages. The total liability of DrayTek with respect to the software and documentation shall be limited to the purchase price of the product, but shall not exceed the product's price. However, this limitation may not apply to you if your state/country does not allow the exclusion or limitation of liability for consequential or incidental damages."

10. Export Restrictions

This License Agreement is subject to all applicable laws, regulations, orders, or other restrictions on the export of the Software or related information that may be imposed from time to time. You must not export the Software, documentation, or information about the Software and documentation without complying with these laws, regulations, orders, or other restrictions. You agree to indemnify DrayTek for all claims, losses, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, that may arise from any breach of this section 9.

11. Termination

This License Agreement remains valid until it is terminated. You can end it at any moment by destroying or returning all copies of the Software and Documentation in your possession or control to DrayTek. DrayTek may also end this License Agreement for any cause, including but not limited to, if it finds that you have breached any of the terms of this License Agreement. Upon receiving notice of termination, you agree to destroy or return all copies of the Software and Documentation and to confirm in writing that all known copies, including backup copies, have been destroyed. All provisions regarding confidentiality, proprietary rights, and non-disclosure will survive the termination of this Software License Agreement.

12. Others

This License Agreement will be interpreted, governed, and enforced according to the laws of the Republic of China, without reference to conflict of laws principles. Any disputes arising from or related to this License Agreement shall be exclusively addressed in an appropriate court or through binding arbitration in the Republic of China, Taiwan if both parties agree to it. This License Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, or agreements between the parties. You are not allowed to assign this License Agreement, the rights granted hereunder, the Software, or the Documentation, without the prior written consent of DrayTek. Any modifications or waiving of this License Agreement will only be valid if it is in writing and signed by both parties. If any portion of this License Agreement is deemed invalid or unenforceable by a competent court, the remainder of the License Agreement shall be interpreted to effectively reflect the parties' intent.

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