End User License Agreement
PLEASE READ THIS END USER LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE INSTALLING OR USING THINKSKY SOFTWARE (“SOFTWARE”). THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND THINKSKY
ThinkSky, as Licensor, grants, not sells to you, as Licensee, a non-exclusive right to use this Software under the terms of this License. ThinkSky reserves all rights not expressly granted to you. ThinkSky retains the ownership of the Software. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
Permitted license uses and restrictions
(A) This License allows you to install and use one copy of the Software on a single qualified computer running version(s) of Apple or Microsoft Windows Software for which it is designated. You will need to review System Requirements for specific versions of Mac OS X, Mac OS X Server or Microsoft Windows supported by the Software. This License does not allow the Software to exist on more than one computer at a time. Unauthorized copying of the Software is expressly forbidden. You may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to abide by the terms of this Agreement. Subject to these restrictions, you may make one copy of the Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original.
(B) Except as and only to the extent permitted in this License and by applicable law, you may not copy, adapt, translate, decompile, reverse engineer, disassemble, modify, or create derivative works of the Software.
This License Agreement governs any releases, revisions, updates or enhancements to the Software that ThinkSky may make available to You.
Software is meant your personal use (“fair use”). Any further use of the content downloaded / recorded by Software, particularly but not exclusively making the content publicly accessible or using it commercially, must be agreed upon with the holder of the rights of the respective downloaded content. The user bears full responsibility for all actions related to the data transmitted by Software. Software does not grant any rights to the contents, as it only acts as a technical service provider.
ThinkSky is not affiliated with Google Inc. (part of Alphabet), Apple Inc., YouTube Inc. Any content that is downloaded, converted or transferred using software is provided by user. ThinkSky is not running any background rights checks for content that is processed with the software. All responsibility for the content rights lies upon user of the software.
That means a user carries the responsibility for checking the legitimacy of his use of Software. The legitimacy of using this service may differ in the user country through local laws. Software only provides the technical platform. Hence, Software does not take liability towards the user or any third party for the permissibility of downloading content through Software.
You may not assign, rent, lease, lend, sell, redistribute or sublicense this Software. You may, however, make a one-time permanent transfer of all of your license rights to the Software (in its original form as provided) to another party.
Consent to use of data
You agree that ThinkSky and its subsidiaries may collect and use technical and related information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
This License is effective until terminated. Your rights under this License will terminate by ThinkSky automatically without notice if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use and destroy all copies, full or partial, of the Software.
Disclaimer of warranties
Your use of the Software is at your sole risk. The Software and accompanying written materials are provided on an “AS IS” and “AS AVAILABLE” basis without warranty of any kind, express or implied of any kind and ThinkSky specifically disclaims the warranties of fitness for a particular purpose and merchantability. No oral or written advice given by ThinkSky, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope if this warranty and you may not rely upon such information or advice.
Limitation of liability
ThinkSky or anyone else who has been involved in the creation, production, or delivery of the Software cannot be liable for, and shall not pay any amount of incidental, consequential, direct or indirect damages (including damage for loss of profit, business interruption, loss of data, and the like arising out of the use or inability to use the software). You assume the entire risk as to the quality and performance of the Software.
This agreement will be governed by the laws of the People’s Republic of China without giving effect to the conflict of laws.