LINKING END-USER LICENSE AGREEMENT
The terms of this End-User License Agreement ("EULA" or “Agreement”) govern the relationship between You and LINKING
Limited (which, together with its subsidiaries and affiliates, is hereon in referred to as “LINKING” or “Us”)
regarding Your use of the application distributed by LINKING that You installed, as well as any and all related
updates and upgrades that replace or supplement the application in any respect (the “Application” or “App”), unless
any such update or upgrade is accompanied by a separate license in which case the separate license shall govern.
The collection, use, and disclosure of Your information (including personal information) is governed by LINKING’s
Privacy Policy, which is located online at https://commcdn.chiji-h5.com/ljsdk/html/privacy_agreement.html (''Privacy Policy''). Furthermore, the consequences of the
collection of personal information from a child under the age of digital consent and any territory-specific child
protection provisions are also described in our Privacy Policy.
If You download the Application from any online market for software applications that operate on devices powered by
the operating system (e.g. Apple App Store, Google Play, and Microsoft Store) or if You play the Application online
(when this is available), You acknowledge that You have reviewed and accepted the terms of service applicable to
such online market, platform, or operating system (“Special Terms”).
BY INSTALLING, USING, OR OTHERWISE ACCESSING THE APPLICATION YOU AGREE TO THE TERMS OF THIS EULA. IF YOU DO NOT
AGREE TO THE TERMS OF THIS EULA, OR DO NOT WISH TO BE BOUND BY THEM, PLEASE DO NOT INSTALL, USE, OR OTHERWISE ACCESS
THE APPLICATION. IN THE EVENT OF A CONFLICT BETWEEN THE TERMS OF THIS EULA AND ANY SPECIAL TERMS, THE TERMS OF THIS
EULA SHALL ALWAYS PREVAIL.
The main characteristics of each Application can be found in the app stores’ descriptions and/or in the “How to
Play” section within the Application as the case may be.
I. LICENSE
1.1 LIMITED LICENSE GRANT
Through the purchase or use of the Application, You are acquiring and LINKING grants You a personal, revocable,
limited, non-exclusive, non-sublicensable, non-transferable license to install and use the Application for Your own
non-commercial use, subject to the limitations defined in this EULA. The Application is being licensed to You and
You hereby acknowledge that no title or ownership of the Application is being transferred or assigned to You and
this EULA is not to be construed as a sale of any rights of the Application. Your rights granted herein are subject
to Your compliance with this EULA and You agree not to use the Application for any other purpose. Any commercial use
is prohibited.
1.2 LICENSE LIMITATIONS
Any use of the Application in violation of these License Limitations is strictly prohibited and can result in the
immediate revocation of Your Limited License and may trigger Your liability for violations of law.
Unless You have received prior written authorization from LINKING, You agree not to:
use cheats, automation software, bots, hacks or any other unauthorized software designed to modify or interfere with
the Application and/or any files that are part of the Application;
commercially exploit the LINKING Application, its Gameplay, Characters, Design, 2D or 3D models, Artwork or any
other part of the Application;
create Derivative Works of the Application;
access or use the Application with any technology or means other than those provided in the Application, or through
other explicitly authorized means that LINKING may designate;
make a copy of the Application available on a network where it could be used by multiple users;
register domain names, social media accounts or related addresses that include LINKING’s trademarks;
use the Application or related assets and/or LINKING’s trademarks on or in connection with content that (i) promotes
cheats, hacks, violence, discrimination, inappropriate themes, illegal activities, or sexually explicit content;
(ii) makes untrue, dishonest, disparaging, or libelous statements about LINKING and/or its products, employees, and
agents; and/or (iii) contains other objectionable content;
resell, copy, transfer, distribute, display, translate, or modify the Application or make derivative works of the
Application or any part thereof;
re-use, copy, or distribute text, pictures, music, barcodes, video, data, hyperlinks, displays or any other content
provided by the Application;
redistribute, sublicense, rent, publish, perform, sell, assign, lease, market, transfer, or otherwise make the
Application available to third parties;
seek to disable, reverse engineer, decompile or otherwise attempt to extract the source code of the Application or
any part thereof, unless this is expressly permitted or required by applicable law or by the licensing terms
governing the use of any open-sourced components included within the Application;
delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other
proprietary rights notice), or link that appears in the Application;
use the Application when operating vehicles;
remove or alter LINKING’s trademarks or logos or legal notices included in the Application or related assets;
use the service to try to gain unauthorized access to any service, data, account or network by any means;
post any information that contains nudity, violence, or offensive subject matter or that contains a link to such
content;
make an attempt to or harass, abuse, threaten, defame or otherwise infringe or violate the rights of any other
party;
use the Application in any way that is unlawful, fraudulent, or deceptive;
use technology or any other means to access LINKING’s proprietary information not authorized by LINKING;
use or launch any automated system to access LINKING’s website or computer systems;
attempt to introduce viruses or any other malicious computer code that interrupts, destroys, or limits the
functionality of any computer software, hardware, or telecommunications equipment;
attempt to gain unauthorized access to LINKING’s computer network or user accounts;
encourage conduct that would constitute a criminal offense, or would give rise to civil liability; or
use the Application in any manner not expressly allowed in this EULA.
LINKING reserves the right to determine in its sole discretion what kind of conduct is considered to be in violation
of the terms of this EULA. Furthermore, LINKING reserves the right to take appropriate action as a result of Your
violation of the terms of this EULA, including but not limited to prohibiting You from using the LINKING Application
in whole or in part.
1.3 ALLOWABLE USES OF THE APPLICATION
USE OF THE APPLICATION AND ANY OF YOUR INFORMATION TRANSMITTED IN CONNECTION WITH THE APPLICATION IS LIMITED TO THE
FUNCTIONALITY OF THE APPLICATION AND TO THE LIMITED LICENSE GRANT AS OUTLINED ABOVE. YOU MAY NOT OTHERWISE USE THE
APPLICATION OR ANY COMPONENT OF IT, EXCEPT AS EXPRESSLY AUTHORIZED BY LINKING IN WRITING IN ADVANCE.
II. ACCESSING AND DOWNLOADING THE APPLICATION FROM THE APPLE APP STORE
The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced
Application”):
You acknowledge and agree that (i) this EULA is concluded between You and LINKING only, and not Apple; and (ii)
LINKING, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the
App Store Sourced Application must comply with the Apple App Store Terms of Service.
You will use the App Store Sourced Application only (i) on an Apple-branded product that runs iOS (Apple’s
proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store
Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect
to the App Store Sourced Application.
In the event of any failure of any App Store Sourced Application to conform to any applicable warranty, You may
notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to You and to the
maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to
the App Store Sourced Application. As between LINKING and Apple, any other claims, losses, liabilities, damages,
costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of LINKING.
You and LINKING acknowledge that, as between LINKING and Apple, Apple is not responsible for addressing any claims
You have or any claims of any third party relating to the App Store Sourced Application in Your possession and use
of the App Store Sourced Application, including but not limited to (i) product liability claims; (ii) any claim that
an App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii)
claims arising under consumer protection or similar legislation.
You and LINKING acknowledge that, in the event of any third party claim that an App Store Sourced Application or
Your possession and use of that App Store Source Application infringes that third party’s intellectual property
rights, as between LINKING and Apple, LINKING, not Apple, will be solely responsible for the investigation, defense,
settlement and discharge of any such intellectual property infringement claim to the extent required by this
EULA.
You and LINKING acknowledge and agree that Apple and its subsidiaries are third party beneficiaries of this EULA and
that upon Your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to
enforce this EULA.
By using the App Store Sourced Application You represent and warrant that (i) You are not located in a country that
is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist
supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted
parties.
Without limiting any other terms of this EULA, You must comply with all applicable third party terms of agreement
when using the App Store Sourced Application.
III. USER CONTENT
Notwithstanding anything to the contrary stated in this EULA, You are allowed to create and use “User Content” (as
defined below) in a non-modified form (exactly as produced by the Application) subject to the License Limitations
and Specific Rules for User Content defined herein.
Any modification of User Content created by the Application or incorporation of such User Content into other works
requires explicit written approval from LINKING. You are expressly prohibited from sub-licensing, renting, leasing,
transferring or otherwise distributing the Application or rights to use the Application. This EULA does not entitle
You to receive, and does not obligate LINKING to provide, hard-copy documentation, support, telephone assistance, or
enhancements or updates to the Application.
3.1 SUBMISSIONS OF USER CONTENT
The Application may allow You to create content such as videos, data, photographs, messages, graphics, text, and
other information (“User Content”), and to share such User Content with LINKING or with other sites, including
social networking sites, as You may designate. You are solely responsible for Your User Content that you upload,
publish, display, link to or otherwise make available (hereinafter, “share”) on or through the Application, and You
agree that LINKING is only acting as a passive conduit for Your online distribution and publication of Your User
Content.
The Application may enable sharing of User Content in two ways: (i) one-to-one (e.g. through SMS, email, KakaoTalk,
and Facebook message); and (ii) one-to-many (e.g. Facebook, YouTube, Twitter, Everyplay, email). Unless explicitly
stated otherwise herein, no User Content is stored by LINKING and LINKING only acts as a passive conduit, offering
You a platform to create User Content and (solely to help You and for the sake of improving user experience)
referring You to a third-party service (e.g. email client, Facebook, Twitter, or YouTube application) where You can
decide what User Content to share, how, when and with whom.
You understand that unless explicitly stated otherwise herein LINKING has no control over the access to Your User
Content, the sharing of Your User Content, the privacy or confidentiality of Your User Content and that You,
together with the third-party service providers (e.g. Facebook, YouTube, Twitter), are subject to the terms of
service of said third-party service providers and have the sole control over such User Content.
You agree not to share User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional
distress, death, disability, disfigurement, or physical or mental illness to You, to any other person, or to any
animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit
children by exposing them to inappropriate content, asking them for personally identifiable details, or otherwise;
(iv) may constitute or contribute to a crime or tort; (v) contains any information or content that LINKING deems to
be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal
privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening,
profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without
limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii)
contains any information or content that You do not have a right to make available under any law or under
contractual or fiduciary relationships; or (viii) contains any information or content that You know is not correct
and current.
If You believe that certain User Content shared through the Application, but stored on third-party services (e.g.
Facebook, YouTube, etc.), is infringing Your rights, please contact the respective third-party service provider
where such User Content is stored.
You agree that any User Content that You share does not and will not violate third-party rights of any kind,
including and without limitation any “Intellectual Property Rights” (as defined in Section 7 herein) or rights of
publicity and privacy. To the extent that Your User Content contains music, You hereby represent that You are the
owner of all the copyright rights, including and without limitation, the performance and the mechanical and sound
recording rights, with respect to each and every musical composition (including lyrics) and sound recording
contained in such User Content and that You have the power to grant the license granted below.
Notwithstanding anything to the contrary stated herein, LINKING reserves the right in its sole discretion to review,
monitor, prohibit, edit, delete or otherwise make unavailable any User Content at any time without notice for any
reason or no reason at all. By entering into this EULA You hereby provide Your irrevocable consent to such
monitoring and You acknowledge and agree that You have no expectation of privacy concerning the sharing of Your User
Content. If LINKING at any time decides, in its sole discretion, to monitor User Content, LINKING does not assume
any responsibility for User Content and/or has no obligation to remove or edit any inappropriate User
Content.
CREATING AND SHARING OF USER CONTENT AS DESCRIBED IN THIS SECTION IS NOT ENABLED FOR USERS WHO IDENTIFY THEMSELVES
AS UNDER THE AGE OF DIGITAL CONSENT.
3.2 LICENSE GRANT FOR THE USER CONTENT
By creating User Content through LINKING Applications, You expressly grant, and You represent and warrant that You
have a right to grant to LINKING a royalty-free, sub-licensable, transferable, perpetual, irrevocable,
non-exclusive, worldwide license to use, reproduce, modify, publish, monetize, list information regarding, edit,
translate, distribute, publicly perform, publicly display, and make derivative works of, and otherwise exploit, all
such User Content, as well as Your name, user name, voice, and/or likeness as contained in Your User Content, in
whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in
connection with the Application and LINKING’s (and its successors’ and affiliates’) business, including and without
limitation for promoting and redistributing part or all of the Application (and any derivative works thereof) or any
LINKING Application in any media formats and through any media collections and in connection with various
advertisements, such as banner ads, mobile ads, and video ads. You also hereby grant each user of the Application a
non-exclusive license to access Your User Content through the Application, and to use, reproduce, distribute,
display, and perform such User Content as permitted through the functionality of the Application or the Internet and
under this Agreement.
3.3 SPECIFIC RULES FOR USER CONTENT
By creating User Content through LINKING Applications you agree to these Specific Rules that outline Your use of any
LINKING’s Intellectual Property Rights:
User Content will be used for the sole purpose of non-commercial displaying, identifying, and discussing LINKING
Applications in accordance with these Specific Rules. You are not allowed to create new applications, products,
and/or content based on LINKING Intellectual Property Rights, even if such content would be free.
You are not permitted to charge any kind of fees from customers or visitors of Your User Content, unless You
obtained express prior written approval from LINKING.
LINKING, in its sole discretion, reserves the right to monetize or use User Content or its parts created through
LINKING Applications. To the extent that LINKING does not use its right to monetize the User Content, You may
monetize Your User Content by using advertisements, however You are solely responsible for ensuring that such
advertisement is compliant with any and all applicable laws, rules, regulations and developer policies.
You must not create and use the User Content under the impression that LINKING is a creator or sponsor of Your User
Content. Furthermore, You are also not allowed to create any materials from LINKING’s Intellectual Property Rights
that are similar to LINKING’s logos, trademarks, or any other elements of LINKING’s Intellectual Property Rights.
You are not permitted to modify in any way Oufit7’s Intellectual Property Rights without the express prior written
approval of LINKING.
Unless You obtained prior written approval from LINKING, You are not allowed to manufacture or distribute (for free
or otherwise) any physical items that bear any of LINKING’s Intellectual Property Rights.
LINKING reserves the right to determine, in its sole discretion, which User Content is in accordance with the
above-mentioned Specific Rules and may revoke the Limited License in this EULA at any time and for any
reason.
3.4 LIMITATION OF LIABILITY FOR USER CONTENT
LINKING takes no responsibility and assumes no liability for any User Content that You or any other user or third
party creates with the Application or shares through the Application. You shall be solely responsible for Your own
User Content and the consequences of sharing or publishing it. You understand and agree that any loss or damage of
any kind that occurs as a result of the use of any User Content that You send, upload, download, stream, post,
transmit, display, share or otherwise make available or access through Your use of the Application is solely Your
responsibility. In connection with Your User Content and in addition to any other representations and warranties
contained in this EULA, You affirm, represent, and warrant the following:
1. You have the written consent of each and every identifiable natural person in the User Content to use such
person’s name or likeness in the manner contemplated by the Application and this EULA, and each such person has
released You from any liability that may arise in relation to such use.
2. Your User Content and LINKING's use thereof as contemplated by this EULA and the Application will not infringe
any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights, and
rights of publicity.
3. LINKING may exercise the rights to Your User Content granted under this Agreement without liability for payment
of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or
otherwise.
4. LINKING is not responsible for any public display or misuse of Your User Content. You understand and acknowledge
that You may be exposed to User Content that is inaccurate, offensive, indecent, objectionable, or inappropriate for
children, and You agree that LINKING shall not be liable for any damages you allege to incur as a result of such
User Content.
IV. ACCESS
You must provide, at Your own expense, the equipment, Internet connections, or mobile devices and/or service plans
to access and use the Application. LINKING does not guarantee that the Application is available in all geographic
locations. You acknowledge that when You use the Application, Your wireless carrier may charge You fees for data,
messaging, and/or other wireless access. Check with Your carrier to see if there are any such fees that apply to
You. You are solely responsible for any costs You incur to access the Application from Your mobile device and/or PC
device. Your right to use the Application is also predicated on Your compliance with any applicable terms of
agreements You have with third parties when using the Application.
V. IN-APP PURCHASES
Although some of our Applications are free to download, all of our Applications may offer in-app purchases,
including subscriptions (“In-App Purchases”). Even though our free-to-download Applications offer In-App Purchases,
You can play and access all levels of said Applications and all of the features necessary to progress within said
Applications without making any In-App Purchases using real money.
In-App Purchases may be made only upon entering Your app store password and You are responsible for maintaining the
security of such password. Your authentication and security maintaining are subject to the specific terms of the app
store and the operating system (“OS”) of Your mobile device. You should be aware of the iOS’ 15-minute and Android’s
30-minute window after downloading an Application, during which time In-App Purchases may be made without the
insertion of an app store password. You should also take into account that OS 2.1 or older versions of Android
mobile phones do not require the entering of an app store account password to carry out In-App Purchases.
By completing an In-App Purchase You obtain a limited, personal, non-transferable, non-sublicensable, revocable
license to use virtual currency, virtual items, and other virtual content (“Virtual Items”) within our Application.
Virtual Items are not redeemable or subject to refund and cannot be traded outside of the Application for money or
other items of value. LINKING may manage, regulate, control, modify or eliminate Virtual Items and the price for
Virtual Items at any time, with or without notice. LINKING shall have no liability to You or any third party in the
event that LINKING exercises any such rights.
By signing up for a subscription, You agree that Your subscription will be automatically renewed and, unless You
cancel Your subscription, You authorize us to charge Your account for the renewal term. The period of auto-renewal
and the price of subscription will be the same as Your initial subscription period and price, unless otherwise
disclosed to You at the time of sale. You can manage Your subscriptions in Your app store account settings. You
should be aware that deleting the Application from Your device does not always result in the cancellation of Your
subscription.
In-App Purchases range from U.S. dollar 0.01 to U.S. dollar 99.99. All rates are in U.S. dollar currency and are
subject to change and localization to the local currency, which shall be done by the app store from which You
downloaded the App, meaning that the prices may vary plus/minus 15%. You should always check the prices in the
Application to get the real values of the Virtual Items You want to buy in Your territory.
In-App Purchases are subject to the payment terms and conditions of the mobile platform (e.g. iOS Platform, Android
Platform, Windows Platform, etc.) from which You make Your purchase. LINKING does not control or manage the payment
process. Please review the relevant terms and conditions of the applicable platform provider before making any
In-App Purchases.
ALL PURCHASES ARE FINAL. YOU HEREBY ACKNOWLEDGE THAT LINKING IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND
THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS/SUBSCRIPTIONS WHEN AN ACCOUNT IS
CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.
WAIVER TO THE RIGHT OF WITHDRAWAL
You hereby acknowledge that by clicking “BUY”, “PURCHASE”, or similarly described button, in order to make an In-App
Purchase, LINKING provides You with immediate access to and performance of the digital content, without having to
wait for the 14-day withdrawal period. You hereby expressly consent and acknowledge You waive Your right of
withdrawal from such purchase.
VI. TERM AND TERMINATION
The term of this EULA shall commence on the date You install or otherwise use the Application and shall end on the
earlier of the date of Your disposal of the Application or LINKING’s termination of this EULA. You may terminate
this EULA by uninstalling the Application.
Uninstalling the Application does not result in a refund of the amount paid for the Application. LINKING reserves
the right, using its sole discretion, to terminate this EULA, or request that You remove the Application from Your
device for any reason, including but not limited to LINKING’s reasonable conclusion that You have violated this
EULA. Promptly upon termination, You must cease all use of the Application and destroy all copies of the Application
in Your possession or control.
Termination will not limit any of LINKING’s other rights or remedies at law or in equity. If any of the platforms
disable the ability to use the Application on Your device pursuant to Your agreement with such platform, any
associated license rights with LINKING will terminate as well.
VII. RESERVATION OF RIGHTS
You have obtained a license to the Application and Your rights are subject to this EULA. Except as expressly
licensed to You herein, LINKING reserves all rights, titles, and interests in the Application. This license is
limited to the intellectual property rights of LINKING and does not include any rights to other patents or
intellectual property.
LINKING retains all rights, titles, and interests in and to the LINKING Intellectual Property Rights, as defined
below, whether registered or not, and all Applications thereof, except of the copyright of the third-party
technology. The LINKING software is protected by applicable laws and treaties throughout the world.
For the purposes of this EULA, “Intellectual Property Rights” means all patent rights, trade names, proprietary
rights, copyright rights, titles, computer codes, audiovisual effects, themes, characters, character names, stories,
dialog, settings, artwork, sound effects, musical works, mask work rights, moral rights, rights of publicity,
trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights
as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and
extensions thereof, under the laws of any state, country, territory or other jurisdiction.
VIII. THIRD-PARTY CONTENT
8.1 THIRD-PARTY CONTENT AND FUNCTIONS
Some content and functions available via the Application may include materials from third parties. LINKING may
integrate third-party content (e.g. user-generated YouTube videos) and provide links to third-party websites as a
convenience to You. You agree that LINKING is not responsible for examining or evaluating the content or accuracy of
such and LINKING does not warrant and will not have any liability or responsibility for any third-party materials or
websites, or for any other materials, products, or services of third parties. You agree that You will not use any
third-party materials in a manner that would infringe or violate the rights of any other party and that LINKING is
not in any way responsible for any such use by You.
8.2 THIRD-PARTY AD-SERVING TECHNOLOGY
Each Application may incorporate third-party dynamic in-game advertisement-serving technology, which enables
advertising to be temporarily uploaded into the Application on Your mobile device and/or Your PC and replaced while
You are online. When You use the Application, we or third parties operating the advertisement-serving technology may
collect and use the information as specified in the Privacy Policy. LINKING has partnered with third-party
advertising providers (as specified in the Privacy Policy) and each Application might use one or more of them
simultaneously.
IX. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE APPLICATION IS PROVIDED TO YOU “AS IS”, WITH ALL FAULTS,
WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE
RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. LINKING AND LINKING’S LICENSORS
(COLLECTIVELY “LINKING” FOR PURPOSES OF THIS SECTION AND SECTION 10) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL
EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE,
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, AND
WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
LINKING DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION; THAT THE APPLICATION WILL MEET
YOUR REQUIREMENTS; THAT OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE APPLICATION WILL
INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION; THAT ANY ERRORS IN THE APPLICATION WILL BE CORRECTED; OR
THAT THE APPLICATION WILL BE AVAILABLE FOR REINSTALLS TO THE SAME OR MULTIPLE DEVICES.
NO ORAL OR WRITTEN ADVICE PROVIDED BY LINKING OR ANY AUTHORIZED REPRESENTATIVE OR THIRD PARTY SHALL CREATE A
WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF, OR LIMITATIONS ON, IMPLIED WARRANTIES OR THE LIMITATIONS
ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT
APPLY TO YOU.
X. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL LINKING, ITS SUBSIDIARIES OR ITS AFFILIATES
BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS
OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER FORM OF DIRECT OR INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS
EULA OR THE APPLICATION, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE,
WHETHER OR NOT LINKING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER OR NOT REPAIR, REPLACEMENT, OR
A REFUND (IF AWARDED AT OUR SOLE DISCRETION) FOR THE APPLICATION DOES NOT FULLY COMPENSATE YOU FOR ANY
LOSSES.
SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS
OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. In no event shall
LINKING’s total liability to You for all damages (except as required by applicable law) exceed the amount actually
paid by You for the Application. THIS LIMITATION APPLIES, BUT IT IS NOT LIMITED TO ANYTHING RELATED TO THE
APPLICATION, SERVICES, OR CONTENT MADE AVAILABLE THROUGH THE APPLICATION. You agree that the provisions in this EULA
that limit liability are essential terms of this EULA.
XI. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless LINKING and its employees, contractors, officers, and directors
from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including
attorney's fees) that arise from Your use or misuse of the Application, violation of the EULA, or violation of any
rights of a third party. LINKING reserves the right to assume the exclusive defense and control of any matter
otherwise subject to indemnification by You, in which event You will cooperate in asserting any available
defenses.
XII. INJUNCTIVE RELIEF
You agree that a breach of this EULA will cause irreparable injury to LINKING for which monetary damages would not
be an adequate remedy and LINKING shall be entitled to seek equitable relief in addition to any remedies it may have
hereunder or at law without a bond, other security, or proof of damages.
XIII. GOVERNING LAW
This Agreement and all disputes or controversies arising out of or relating to this Agreement shall be governed by,
and construed in accordance with, the laws of China, if You use the Application in China, excluding its conflict of
laws rules。Excluding its conflict of laws rules, if You use the Application anywhere else in the world.
XIV. ARBITRATION
We will make every reasonable effort to resolve any disagreements that You have with LINKING. If those efforts fail,
by using the Application You agree that any claim, dispute, or controversy You may have against LINKING arising out
of, relating to, or connected in any way with this Agreement and/or the Application, shall be resolved exclusively
by final and binding arbitration, as defined in this Section 14.
XV. FINAL PROVISIONS
15.1 ELIGIBILITY
Any person who uses the Application represents to LINKING that they are at least the age of majority under
applicable law, or if under the age of majority that they are either an emancipated minor, or possess the legal
consent of a parent or legal guardian, and are fully able and competent to enter into the terms, conditions,
obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply
with this Agreement.
15.2 SEVERABILITY AND SURVIVAL
If any provision of this EULA is illegal or unenforceable under applicable law, the remainder of the provision shall
be amended to achieve as closely as possible the effect of the original term and all other provisions of this EULA
shall continue in full force and effect.
15.3 ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between You and LINKING with respect to the Application and
supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or
modification of this EULA will be binding unless made in writing and signed by LINKING. No failure to exercise, and
no delay in exercising, on the part of either party, any right or any power hereunder preclude further exercise of
any other right hereunder. In the event of a conflict between this EULA, any applicable purchase, or other terms,
the terms of this EULA shall govern.
15.4 LANGUAGE
The original version of this EULA is written in English. Any translation of this EULA into any other language is
done for local requirements and in the event of a dispute, inconsistency, or discrepancy between the English and any
non-English version, the English version of this EULA shall govern, to the extent not prohibited by local law in
Your jurisdiction.
15.5 EXPORT
You agree to abide by China and other applicable export control laws and agree not to transfer the Application to a
foreign national, or national destination, which is prohibited by such laws, without first obtaining, and then
complying with, any requisite government authorization. You certify that You are not a person with whom LINKING is
prohibited from transacting business under applicable law.
15.6 CHANGES
We will occasionally update this EULA as necessary to protect our users, furnish current information, and respond to
legal and technical changes. Please check this webpage regularly for any changes. We reserve the right to change
this EULA at any time. Your usage of the Application after the changes are integrated will constitute Your
acceptance of the changes.
15.7 CONTACT INFORMATION
Should You wish to contact LINKING with any questions, complaints, or claims with respect to the Application, You
should contact 379016131@qq.com.
15.8 TRANSFER OF TITLE FOR THE SALE OF AN APPLICATION
To the extent that applicable legislation allows the parties to a transaction to agree on where title passes for
sales of property, You agree that title for the sale of the Application (software sold by electronic download)
passes where LINKING is domiciled.