End-User License Agreement
(EULA)
Generally.
Transcend Information, Inc.
("Transcend") is willing to grant the following license to use the
software and/or firmware (“Licensed Software”) pursuant to this End-User
License Agreement (“Agreement”), whether provided separately or associated with
a Transcend product (“Product”), to the original purchaser of the Product upon
or with which the Licensed Software was installed or associated as of the time
of purchase ("Customer") only if Customer accepts all of the terms
and conditions of this Agreement. PLEASE READ THESE TERMS CAREFULLY. USING THE
LICENSED SOFTWARE WILL CONSTITUTE CUSTOMER'S ACCEPTANCE OF THE TERMS AND
CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS
OF THIS AGREEMENT, DO NOT INSTALL OR USE THE LICENSED SOFTWARE.
License Grant.
Transcend grants to Customer a
personal, non-exclusive, non-transferable, non-distributable, non-assignable,
non-sublicensable license to use the Licensed Software on the Product in
accordance with the terms and conditions of this Agreement.
Intellectual Property Right.
As between Transcend and
Customer, the copyright and all other intellectual property rights in the
Licensed Software are the property of Transcend or its supplier(s) or
licensor(s). Any rights not expressly granted in this Agreement are reserved to
Transcend.
License Limitations.
Customer may not, and may not
authorize or permit any third party to: (a) use the Licensed Software for any
purpose other than in connection with the Product or in a manner inconsistent
with the design or documentations of the Licensed Software; (b) license,
distribute, lease, rent, lend, transfer, assign or otherwise dispose of the
Licensed Software or use the Licensed Software in any commercial hosted or
service bureau environment; (c) reverse engineer, decompile, disassemble or
attempt to discover the source code for or any trade secrets related to the
Licensed Software, except and only to the extent that such activity is expressly
permitted by applicable law notwithstanding this limitation; (d) adapt, modify,
alter, translate or create any derivative works of the Licensed Software; (e)
remove, alter or obscure any copyright notice or other
proprietary rights notice on the Licensed Software or Product; or (f)
circumvent or attempt to circumvent any methods employed by Transcend to
control access to the components, features or functions of Licensed Software or
the Product.
Copying.
Customer may not copy the
Licensed Software except that one copy of any separate software component of
the Licensed Software may be made to the extent that such copying is necessary
for Customer's own backup purposes.
Disclaimer.
TRANSCEND MAKES NO WARRANTY AND REPRESENTATIONS ABOUT
THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL
COMPONENTS AND ACCURACY OF THE INFORMATION,
LICENSED SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN
THE LICENSED SOFTWARE FOR ANY
PURPOSE. ALL SUCH INFORMATION, LICENSED
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TRANSCEND HEREBY
DISCLAIMS ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, LICENSED SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE,
WORKMANLIKE EFFORT, TITLE, AND
NON-INFRINGEMENT.
IN NO EVENT SHALL TRANSCEND BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTION WITH THE USE, PERFORMANCE OR
ACCURACY OF THE LICENSED SOFTWARE OR
WITH THE DELAY OR INABILITY TO USE THE LICENSED SOFTWARE, OR THE PRODUCT WITH WHICH THE
LICENSED SOFTWARE IS ASSOCIATED, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
TRANSCEND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability.
IN ANY CASE, TRANSCEND'S
LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED
TO THE TOTAL AMOUNT ACTUALLY AND ORIGINALLY PAID AT RETAIL
BY CUSTOMER FOR THE PRODUCT. The foregoing Disclaimer and
Limitation of Liability will apply to the maximum extent permitted by
applicable law. Some jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages, so the exclusions and limitations set
forth above may not apply.
Privacy.
Transcend may collect, process
and use your personal information and/or non-personal information through
Google Analytics SDK, Firebase Analytics, Google Drive API, Instagram API,
Facebook API, Dropbox API or otherwise.
Learn more details about Transcend’s
Privacy Policy: https://www.transcend-info.com/Legal/?no=1.
Learn about what and why personal information and/or
non-personal information would be collected when you use the Licensed Software
as below :
Analytics
Data we
collect
Transcend uses Google Analytics for Firebase to
collect JetDrive Go mobile Apps usage data and
generates a usage statistics report. For example, the Apps usage data includes,
but is not limited to, the type of mobile device you use, and the way you use
the mobile Apps. The statistics report is generated by aggregating App usage
data. The statistics report does not contain information that may identify you,
the user.
If the App crashes when you are using, Firebase
also generates a crash report for us including system information, software
versions, and crash logs. The crash report does not contain information that
may identify you, the user.
How we
use your data
Transcend leverages aggregated application
statistics from Firebase tool, iOS or Android store platforms to better
understand our user distribution.
Transcend collects crash report from Firebase
to only improve quality and to further develop our products and services. Crash
information helps us to investigate problems and better understand what
triggers them.
How we store your data
Transcend retains statistics report and crash
report for up to 14 months in order to generate useful information. Transcend
restricts access to both statistics report and crash report by specific
employee roles.
Backup service
Data we collect
Account information. We collect,
and associate with your account, the information you provide to us when you do
things such as sign in for your account (like your name, email address).
Your Stuff (Photos or Videos). Our
Services are designed as a simple and personalized way for you to back up your photos
or videos (“Your Stuff”) to JetDrive Go. To make that possible, we store, process, and
transmit Your Stuff as well as information related to it. This related
information includes the size of the file, the time it was uploaded.
How we use your data
Account information. We will
sign in with your account and show the name and email at the view of “Backup”
when launching “Backup service”.
Your Stuff (Photos or Videos). “Backup
service” will store the photos or videos from the cloud storage (like Google Drive or Facebook), and copy all the files to
your “JetDrive Go” device.
How we store your data
Account information. JetDrive Go app retains the information of your account for
showing at the view of “Backup” when launching “Backup service”. You can sign out your account from JetDrive Go
app to remove all the information.
Your Stuff (Photos or Videos). “Backup
service” will copy all the photos or videos from the cloud storage (like Google Drive or Facebook) to your “JetDrive Go” device directly. JetDrive
Go app will not retain any data after backing up.
Termination.
Transcend may, in addition to
any other remedies available to Transcend, terminate this Agreement immediately
if Customer breaches any of its obligations under this Agreement.
Miscellaneous.
(a) This Agreement constitutes
the entire agreement between Transcend and Customer concerning the subject
matter hereof, and it may only be modified by a written amendment signed by an
authorized executive of Transcend. (b) This Agreement will be governed by the
laws of the Republic of China, excluding its conflict of law provisions. (c) If
any part of this Agreement is held invalid or unenforceable, and the remaining
portions will remain in full force and effect. (d) A waiver by either party of
any term or condition of this Agreement or any breach thereof, in any one
instance, will not waive such term or condition or any subsequent breach
thereof. (e) Transcend may assign its rights under this Agreement without
condition. (f) This Agreement will be binding upon and will inure to the
benefit of the parties, their successors and permitted assigns.