End User License Agreement
Date Posted:December 2022.

The Software (as defined below) is subject to the terms and conditions detailed in the following license agreement.

Zhuhai Pantum Electronics Co.,Ltd. (“LICENSOR”) IS WILLING TO LICENSE THE SOFTWARE TO THE PERSON OR ENTITY RECEIVING THE SOFTWARE (“YOU”) SOLELY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS END USER LICENSE AGREEMENT (“EULA”) AND ITS ANNEX, THE PRIVACY POLICY(“Privacy Policy”). BEFORE YOU CLICK ON THE “I agree END USER LICENSE AGREEMENT and PRIVACY POLICY” BUTTON (hereinafter referred to as “I agree” BUTTON) AT THE END OF THIS DOCUMENT OR INSTALL, COPY, DOWNLOAD, OR OTHERWISE USE THE SOFTWARE, PLEASE READ THE TERMS AND CONDITIONS OF THIS EULA AND THIS EULA’S ANNEX, THE PRIVACY POLICY.  IF YOU DO NOT CLICK ON THE “I agree” BUTTON, YOU WILL NOT BE ALLOWED TO CLICK ON THE “NEXT” BUTTON TO COMPLETE THE INSTALLATION OF THE SOFTWARE, AND YOU ARE NOT PERMITTED TO INSTALL, COPY, DOWNLOAD OR OTHERWISE USE THE SOFTWARE AND YOU MUST IMMEDIATELY REMOVE THE SOFTWARE FROM YOUR SYSTEM. BY CLICKING ON THE “I agree” BUTTON OR INSTALLING, COPYING, DOWNLOADING OR OTHERWISE USING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY, WARRANTING YOUR COMPLIANCE WITH AND BECOMING A PARTY TO THIS EULA AND ITS ANNEX, THE PRIVACY POLICY.  
IF YOU DO NOT AGREE TO BE BOUND BY THIS EULA AND THE Privacy Policy, YOU MAY RETURN UNUSED “Licensor Product” AND THIS SOFTWARE IN FOURTEEN (14) DAYS AFTER THE DATE OF PURCHASE TO OBTAIN A REFUND IN ACCORDANCE WITH THE REFUND POLICY OF THE PLACE OF PURCHASE. 
IMPORTANT NOTICE: SECTION 13 IS A BINDING PROVISION REGARDING LAW APPLICATION AND ARBITRATION, AND SPECIFIES YOUR WAIVER OF THE RIGHT TO PARTICIPATE IN CLASS ACTIONS OR CLASS ARBITRATIONS FOR DISPUTES IN ANY JURISDICTION.

1、Software
“Software” means the computer programs contained in the package provided by Licensor, together with all codes, techniques, software tools, formats, designs, concepts, methods and ideas associated with such computer programs and all documentation related thereto.  

2、Ownership 
You acknowledge and agree that the Software constitutes the valuable trade secrets of Licensor and its third party licensors and that Licensor or its third party licensors own exclusively all foreign and domestic copyrights and other intellectual property rights in and to the Software and all copies thereof.  Except as expressly licensed to You in this EULA, all rights in and to the Software and all intellectual property rights therein are reserved by and to Licensor and its third party licensors.  No title to, or ownership of, the Software is transferred to You.  You shall reproduce and include copyright and other proprietary notices on and in any copies, including but not limited to partial, physical or electronic copies, of the Software.  In the event that any changes or modifications to the Software are made or suggested by You, You acknowledge that You have no right, title or interest in or to any such changes or modifications, and further agree that such changes or modifications shall be owned exclusively by Licensor or its third party licensors.

3、License
After your acceptance of this EULA, during the term of this EULA, Licensor grants to You, and You agree to accept, a limited, non exclusive, non transferable, personal license to do the following, subject to your compliance with the terms and conditions of this EULA:
(a) install and use the Software exclusively with the Licensor product supplied with the Software or for which the Software is intended as specified in any related Software or Licensor product documentation (the “Licensor Product”);

(b) install and use the Software on one or more computers as necessary for the normal and intended use of the Licensor Product; 

(c) use the Software only for your own customary business or personal purpose to use the Licensor Product;

(d) make a reasonable number of copies of the Software only in support of the normal and intended use of the Software, provided that such copy contains all of the proprietary rights notices provided with the Software and such copy is used only for such backup or installation purposes.

(e) transfer possession of copies of the Software to another party by transferring a copy of this EULA and all other documentation along with at least one complete unaltered copy of the Software, provided that:
(i) You, at the same time, either transfer to such other party or destroy all of your copies of the Software;
(ii) such transfer of possession terminates your license with Licensor;
(iii) such transfer, transfers the Licensor Product that the Software use is restricted to; 
(iv) such other party accepts and agrees to be bound by the terms and conditions of this EULA with their use of the Software; 
(v) You shall indemnify Licensor in full against any claims, losses or damages resulting from, any failure of such other party to comply with this EULA, including, without limitations, with respect to any export control matters.

4、Restrictions
(a) You shall not, and shall not permit others to, without the prior written consent of Licensor: 
(i) use, copy, modify, merge or transfer copies of the Software (or any portion thereof), except as expressly authorized in this EULA;
(ii) reverse engineer, reverse assemble, or reverse compile or attempt to recreate the Software or discover the source code of the Software, except as expressly permitted by applicable law without the possibility of contractual waiver;         
(iii) sublicense, rent, lend, lease, market, sell or distribute the Software or any copy thereof; 
(iv) create derivative works from the Software, or modify or disable any of the licensing or control features of the Software, or remove, unbundle, decouple or otherwise separate any of the components of the Software;
(v) use the Software in a hosting, time sharing or service bureau environment; 
(vi) remove any proprietary notices or labels on the Software.
          
(b) You shall not export or re-export the Software (or any portion thereof) in any form under violation of export restrictions by the government of your country.

(c) You shall comply with any additional limitations and restrictions regarding the Software that may be set forth in the related documentation.

5、Update Licenses
(a)If Licensor provides the Software as an update, upgrade, new version or supplement (collectively, an “Update”), You shall only be licensed to use the Update if You have a valid license to the Software that Licensor identifies as eligible for the Update.  To the extent the Update supersedes or replaces the original Software, You may no longer use such Software.  Except where Licensor indicates other terms shall apply, this EULA shall apply to each Update.  In case of a conflict, such other terms shall take precedence over this EULA.
(b)You acknowledge that Pantum has no obligation to provide you with any Updates to the Software. Pantum may, however, from time to time, issue updated versions of the Software and the Software may automatically connect to Pantum servers via the Internet to check for available updates to the Software, such as bug fixes, patches, upgrades, additional or enhanced functions, plug-ins and new versions (collectively, “Updates”). The Software wil give you the option of manually downloading applicable Updates.Please note, however, that if You agree to the Updates, it may affect the adaptation of the Product to compatible consumables.

6、Third Party Software
With respect to any Software (or portions thereof) provided under a license from a third party (“Third Party Software”), You shall also comply with all additional license terms imposed by such third party licensor (“Third Party License Terms”).  Third Party License Terms are generally located in a file provided with the Software.  However, Licensor shall provide You with notice of such terms upon request.  In the event of a conflict, the Third Party License Terms shall take precedence over this EULA with respect to such Third Party Software. 

7、Consent To Use Of Data 
You acknowledge and agree that the Licensor (and its affiliates) may collect and use the information you provide regarding (i) the software or Licensor’s products, (ii) the support services for the software or Licensor’s product, and (iii) your use of the software or Licensor’s products, which specifically includes:1)Printer information: The Serial Number of printer,AP Name,AP password,Wi-Fi connected,IP adress and printer status;2)Print job information: number of copies,paper size,print surface quality;3)Scan job information:scan source,color,resolution,size,scanned image data.4)Fix job information:fax quality,size,address book and fax number, etc.the Licensor and its affiliates will only collect from you the information necessary to provide you with services, or may only collect part rather than all of the above information on some operating systems based on different product functions on these systems. Any personal data and information of natural persons collected in this way are  processed in accordance of the Licensor’s Privacy Policy (please click Privacy Policy button at the end of the document to view the full text of the Privacy Policy). The Privacy Policy is an annex to EULA  and has the same legal effect as EULA. Except for the sole purpose of providing services for you, the Licensor shall not use the data in a way that personally identifies you.

8、DISCLAIMER OF WARRANTY
Warranty details and limitations for the hardware containing the Software are described in the Statement of Limited Warranty that was supplied with such hardware.  WITH THE EXCEPTION OF THE FOREGOING EXPRESS WARRANTIES APPLICABLE TO HARDWARE AND MEDIA ONLY, THE SOFTWARE IS NOT WARRANTED AND IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ANY WARRANTIES THAT MAY ARISE FROM A COURSE OF CONDUCT, TRADE USAGE OR TRADE PRACTICE.  LICENSOR DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THE OPERATION OF SOFTWARE SHALL BE UNINTERRUPTED OR ERROR-FREE OR COMPATIBLE WITH THE DATA PROCESSING ENVIRONMENT USED BY YOU OR THAT DEFECTS CAN OR SHALL BE CORRECTED. The competent jurisdiction may not allow the exclusion of any implied warranty, so the above disclaimers may not apply to you. You may have other legal rights with competent jurisdiction.   

9、LIMITATION OF REMEDIES
Licensor’s cumulative liability for all losses and damages under or in connection with this EULA, including, without limitation, those arising out of contract, tort (including actions based on negligence, strict liability, and willful and/or intentional conduct), warranty, indemnity, or other theory of liability and whether for failure to deliver or perform, or related to the design, performance, use, defect or failure of the Software, and your sole and exclusive remedy, shall be limited to the greater of the amount You paid for the Software or U.S. $5.00.  IN NO EVENT SHALL LICENSOR OR ITS THIRD PARTY LICENSORS OR THEIR RESPECTIVE AFFILIATED COMPANIES, SUPPLIERS, DISTRIBUTORS, OR RESELLERS BE LIABLE FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, COLLATERAL, EXEMPLARY, PUNITIVE, RELIANCE OR SPECIAL DAMAGES RELATING TO OR THAT RESULT FROM USE OR INABILITY TO USE THE SOFTWARE, EVEN IF SUCH DAMAGES ARE FORESEEABLE OR LICENSOR OR ITS LICENSORS OR ITS AUTHORIZED RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY YOU BASED ON A THIRD PARTY CLAIM, AND REGARDLESS OF WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY, AND WILLFUL AND/OR INTENTIONAL CONDUCT), WARRANTY, INDEMNITY, OR OTHER THEORY OF LIABILITY.  YOU AGREE THAT (A) THE LIMITATIONS OF LIABILITY SET FORTH IN THIS EULA REPRESENT A VALUABLE AND NECESSARY INDUCEMENT FOR LICENSOR TO LICENSE THE SOFTWARE TO YOU, AND (B) SUCH LIMITATIONS SHALL NOT CAUSE THIS EULA TOFAIL OF ITS ESSENTIAL PURPOSE FOR LACK OF REMEDY OR OTHERWISE. The competent jurisdiction may not allow any limitations of liability, so the above disclaimers may not apply to you. You may have other legal rights in the competent jurisdiction.  

10、Restricted Rights Legend
You acknowledge that the Software is commercial computer software developed at private expense.  Your rights to use, duplicate, or disclose it are limited by this EULA.  In the event the end user is a U.S. Government agency, use, duplication, and disclosure shall be limited as stated herein to the maximum extent permitted by the Defense Federal Acquisition Regulation Supplement or the Federal Acquisition Regulation, as applicable.

11、Termination
You may terminate your license at any time by destroying the Software and all of your copies of the Software or as otherwise described in this EULA.  Your license to use the Software shall terminate immediately and automatically without notice if You fail to strictly comply with this EULA.  Upon any termination of this license, You shall immediately terminate all use of the Software and destroy all copies of the Software. Licensor reserves the right at any time to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software.

12、Miscellaneous
This EULA can only be modified in writing signed by You and an authorized officer of Licensor. Should any term of this EULA, for any reason, be held to be illegal or unenforceable by a court of competent jurisdiction, the remaining terms of this EULA shall continue in full force and effect, and the offending term shall be limited or modified to the extent necessary to make it enforceable. 

13、 APPLICABLE LAW AND JURISDICTION 
13.1 The EULA shall be governed and construed in accordance with the laws of People’s Republic of China, without application of conflict of law principles. 
13.2 Any dispute arising from or in connection with the EULA shall be submitted to the Shenzhen Court of International Arbitration (SCIA) for arbitration. This Arbitration shall be conducted at Shenzhen according to its existing arbitration rules. The number of arbitrators shall be one, and the language of arbitration shall be English.
13.3 WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND LICENSOR AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. CLASS ACTION LAWSUITS, CLASS-WIDE ARBITRATIONS, PRIVATE ATTORNEY-GENERAL ACTIONS, AND ANY OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY ARE NOT ALLOWED. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING. 
13.4 THE SECTION 13.3 SHALL ALWAYS APPLY, REGARDLESS OF THE LAW AND THE JURISDICTION ACTUALLY APPLICABLE.

Zhuhai Pantum Electronics Co.,Ltd.
