User Agreement License
 

CPLHK END-USER LICENSE AGREEMENT
This End-User License Agreement ("EULA") pertains to any and all of the Carry Prospect Ltd. ("CPLHK")Software products (called the "Software" in this Agreement) in the package containing CD-ROMs, diskettes, associated media, printed materials or electronic documentation. Read the terms and conditions of this End-User License Agreement ("EULA") before installing, copying, or otherwise using CPLHK Software. This End-User License Agreement ("EULA") is a legal agreement between you, ("Customer" or "you"), and Carry Prospect Ltd. ("CPLHK"). By clicking "I Agree", or otherwise using any part of the above Software or any associated media, any printed materials, or any "online" or electronic documentation (the "Software"), you agree to be bound by the terms of this EULA. If you do not agree to all of the terms and conditions of this License Agreement, promptly destroy or return the Licensed Software and accompanying documentation to Carry Prospect Ltd.("CPLHK").

1. GRANT OF NON-EXCLUSIVE, LIMITED LICENSE
The Software is licensed, not sold. Any rights not clearly and expressly granted to you under this EULA are reserved to Carry Prospect Limited (CPLHK). Provided you have paid all applicable fees complied with this EULA, then CPLHK grants you the following personal, non-exclusive, non-transferable, limited rights: a. You may use the Software on any individual single server/computer through the Internet; use the Software on a second server/computer so long as only one copy is used at a time; or copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices. b. You may not decompile, disassemble, extract or otherwise reverse engineer any of the Software. You shall not have the right to obtain or use any source code for the Software, nor copy, reproduce, or distribute the Software except as provided above. You agree not to rent, lease, or loan the Software, nor use the Software to render time sharing of service bureau services. You may not use the Software in a software production "foundry" environment to make third party software ready for manufacture or installation. You may not make any commercial use of the Software code except as expressly permitted under this Agreement.

2. COPYRIGHT, TRADEMARK, AND "MORAL RIGHT"
The Software and documentation is copyrighted by CPLHK. CPLHK's copyrights include, but are not necessarily limited to 2002-2003 CPLHK. All Rights Reserved. Making unauthorized copies is prohibited by law. No part of the software or documentation may be reproduced, transmitted, transcribed, stored in a retrieval system or translated into any human or computer language without prior written permission of CPLHK. CPLHK asserts its "Moral Right" to be identified as the author of this work, in all jurisdictions which recognize the "Moral Right."

3. TRADEMARKS AND SERVICE MARKS
CPLHK owns a number of registered and unregistered Trademarks and Service marks (the "Marks"). These Marks are extremely valuable to CPLHK and shall not be used by you, or any other person, without CPLHK's express written permission. The Marks include, but are not necessarily limited to the following: CPLHK Software. CPLHK expressly reserves the right to use additional registered and unregistered Marks in connection with its business, and such additional registered and unregistered Marks shall be entitled to full protection under applicable law. Any use of any CPLHK's Mark shall be deemed an intentional and willful violation of substantial rights of CPLHK.

4. TERMINATION
The license will terminate automatically if you fail to comply with the terms, conditions, or limitations contained in this EULA, including the payment of applicable license or other fees. On termination, you shall, at CPLHK's option, either return to CPLHK or destroy all copies of the Software and documentation. otherwise, this EULA shall remain in force until terminated. You may terminate this EULA at any time (with no obligation on the part of CPLHK) by destroying all copies of the Software, deleting any copies of the Software from your hard drives, ceasing all use of the Software and documentation; and providing satisfactory proof to CPLHK that you have done so. The disclaimer of warranty and limitations on liability contained in Section 4 shall continue in force even after your rights to use the Software are terminated.

5. UPGRADES
If the Software is designated by CPLHK as an "Upgrade" product, then you may only use the Software if you are also currently a licensed user of the base product to which the Upgrade applies. Unless the CPLHK documentation for an Upgrade specifically provides, you shall not separate upgrade products from base products, nor transfer them separately. CPLHK reserves the sole and exclusive right to set its policies and prices regarding updates, upgrades and enhancements. All other terms of this EULA apply with equal force to any such Upgrades.

6. DEMO/SHAREWARE VERSIONS
If CPLHK designates the Software as a "Demo/Shareware" version, then your license rights under this EULA shall extend solely for a 30-day evaluation period, during which your use is restricted solely to allow you to determine whether to purchase an ongoing license to the Software. You may make a reasonable number of copies of the Demo version of this Software, including documentation, for internal distribution, provided that any such copies are unmodified and exact. You shall not charge or request donations for any such copies and distribute Demo versions of the Software to third parities without prior written permission. Unregistered use of the Software, including documentation, beyond the 30-day evaluation period violates CPLHK's rights, as described above, including but not limited to CPLHK's rights under the Hong Kong SAR China Copyright Act. You acknowledge that any Demo versions merely a technology demonstration which may not be at the level of performance or compatibility of generally available CPLHK products. Demo Versions are provided strictly on an "as is" basis and are subject to Section 4, above.

7. PRIVACY STATEMENT
By using this software, you agree that CPLHK can use your browsing history for the sole purpose of statistics. CPLHK agree not to collect and/or use any private information that can identify you personally, such as Name, Email address, IP address, Computer name etc...

8. LIMITED WARRANTY
CPLHK warrants that the media on which the Software is distributed will be free from defects for a period of thirty (30) days from the date of installation of the Software to you. CPLHK does not warrant that the Software will meet your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free. The above warranty is exclusive and in lieu of all other warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

9. DISCLAIMER OF DAMAGES
Regardless of whether any remedy set forth herein fails of its essential purpose, in no event will CPLHK be liable to you for any special, consequential, indirect or similar damages, including any lost profits or lost data arising out of the use or inability to use the software even if CPLHK has been advised of the possibility of such damages. In no case shall CPLHK's liability exceed the purchase price for the software. The disclaimers and limitations set forth above will apply regardless of whether you accept the Software.

10. GENERAL/MISCELLANEOUS CLAUSES
This EULA shall be governed by and construed under the substantive laws applicable. If any provision of this EULA is held to be unenforceable, the remaining provisions shall remain in full force and effect. The End-User agree that this EULA is entered into at Hong Kong SAR China. They further agree that any legal or equitable dispute brought or arising under this Agreement shall be brought. This Agreement constitutes the entire Agreement between the End-User about the subject matter, and shall not be modified except as provided above, or in expressly permitted under this Agreement.
 

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