END-USER LICENSE AGREEMENT (EULA)
IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE USING THE SOFTWARE.
This End-User License Agreement (“EULA”) is a legal contract between you and Ziwei Asia International ABN:61969847794 ("Ziwei Asia").
Grant of Licence
You are granted a revocable, non-exclusive, non-transferable, limited license for the Software. You may only use the Software on one device at a time. You may not make or distribute the Software or copies of the Software or electronically transfer the Software from one computer to another or over a network.
“Software” means the Ziwei Chart Software available at www.ziwei.asia and/or www.zwds.asia and any third party software programs contained therein, in each case supplied by Ziwei Asia herewith, and includes any corresponding documentation, associated media, printed materials and online or electronic documentation and all updates or upgrades of the above that are provided to you.
Reservation of Rights
Ziwei Asia reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. Ziwei Asia or its suppliers own the title, copyright and other intellectual property rights in the Software.
The Software is licensed, not sold, to you by Ziwei Asia. This EULA does not grant you any rights to trademarks or service marks of Ziwei Asia.
Member Account, Password and Security
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You will also choose a user name and a password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You are not allowed to share your password or allow anyone access to the Software without the prior written permission of Ziwei Asia.
Disclaimer of Warranties
You expressly acknowledge and agree that use of the Software is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. The Software is provided “as is”, with all faults and without any warranty or representation whatsoever, express, implied or statutory. Ziwei Asia and its suppliers hereby disclaim all warranties and conditions with respect to the Software, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Ziwei Asia does not warrant against interference with your enjoyment of the Software, that the functions contained in the Software will meet your requirements, that the operation of the Software will be uninterrupted or error-free or free of malicious code or that defects in the Software will be corrected.
Support
Technical support for the Software will be free for the first thirty (30) days from the date of your acceptance of this EULA. Support will be available via e-mail or online chat. After 30 days, technical support may be offered by Ziwei Asia as a paid support service.
Restrictions
You many not transfer, sell, rent, lease, lend or charge for access to the Software or use the Software for commercial or non-commercial timesharing. You may not sublicense, assign or transfer the license or Software except as expressly provided under this EULA.
Proprietary Rights
All intellectual property contained in the Software and all trademarks, service marks, copyrights, ownership and other rights therein are and shall remain the sole and exclusive property of Ziwei Asia. Other copyrights belonging to third parties are and shall remain the property of their respective copyright owners.
The structure, organisation and code of the Software are the valuable trade secrets and confidential information of Ziwei Asia. You shall not remove any product identification, copyright notices or proprietary restrictions from the Software.
Limitation on Reverse Engineering
You are not permitted, and you agree not to, reverse engineer, decompile, disassemble or create derivative works of or modify the Software.
Other Limitations
You may not use any Ziwei Asia internet-based services associated with the Software in any manner that could damage, disable, overburden or impair such services or interfere with any other party’s use and enjoyment of them. You may not attempt to gain unauthorised access to any service, account, computer systems or networks associated with the internet-based services.
Consent To Use of Data
You agree that Ziwei Asia and its affiliates may collect and use statistics on your use of the Software in performing backup operations and technical information gathered as part of the product support services provided to you, if any, related to the Software. Ziwei Asia may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
Privacy and Compliance to Terms
You agree to comply with all applicable privacy laws.
When using the Software, you are required to input the date of birth, time of birth and gender (“Chart Input Record”).
In order to save each Chart Input Record for your future use, you will be required to assign a name for each Chart Input Record. You MUST NOT use the real name or any personal information (eg. nickname, address, phone, email, driver license number, passport number, etc.) when saving a Chart Input Record to the extent that one can clearly identify who the person is.
You MUST use a pseudo-name or alias that cannot be referenced/associated to the identity of the Chart Input Record.
It is your responsibility to ensure that you do not breach any applicable privacy laws.
Indemnity
You agree to defend, indemnify, and hold harmless Ziwei Asia against and in respect of any claim, suit, loss, damages, obligations, penalty, deficiency, or liability (including, without limitation, attorneys' fees) imposed upon, incurred by, or asserted against Ziwei Asia that result from or are alleged to result from (a) any breach of this EULA, (b) any acts, misrepresentations, or omissions in connection with this EULA, (c) any modification or alteration of the Software, and/or (d) any warranty, condition, representation, or indemnity granted, by you for the Software.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of Ziwei Asia and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Software. In no event shall Ziwei Asia be liable for any loss or damages whatsoever or howsoever caused arising directly or indirectly in connection with this EULA, the use of the Software or otherwise except to the extent that such liability may not be lawfully excluded. Notwithstanding the generality of the foregoing, Ziwei Asia expressly excludes liability for indirect, special, incidental or consequential loss or damage which may arise in respect of the Software or its use, or for loss of profit, business, revenue, goodwill or anticipated savings and loss or corrupted data.
Termination
The limited license granted under this EULA is effective until terminated. Your rights under this EULA will terminate automatically without notice from Ziwei Asia if you fail to comply with any provisions of this EULA.
Ziwei Asia may also terminate this EULA at any time for any reason, with or without notice.
Upon any termination of this EULA, all rights granted herein shall immediately terminate and you shall cease all use of the Software and destroy all copies, full or partial, of the Software.
Other Applicable Legal Statements
Website is defined in the Terms of Use.
For Website's Terms of Use, please visit: Terms Of Use
For privacy and use of cookies on Website, please visit: Privacy And Cookies Policy
For Customer's purchasing terms, please visit: Terms & Conditions Of Purchase
Acceptance
The Terms of Use, Privacy And Cookies Policy and Terms & Conditions Of Purchase form part of this EULA.
By clicking on the “I Accept” button, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not download, install or use any of the Software.
If you do not agree to these terms, you must not use the Software, and we will fully refund you. Please notify us within 48 hours of purchase at office@ziwei.asia / manager@ziwei.asia