Terms and Conditions
Welcome to CooCox! This software will be installed using the CooCox Updater, which is included in the CooCox Pack. By downloading, installing or using CooCox software or any portion thereof ("CooCox Software") and/or any third party software or any portion thereof provided via the CooCox website or in conjunction with CooCox's software ("Third Party Software"), you agree to the following terms and conditions (the "Terms and Conditions").
Open source software licenses for CooCox source code constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms and Conditions, the open source licenses govern your agreement with CooCox for the use of CooCox products or specific included components of CooCox products.
The CooCox Software, and any portion thereof, and the Third Party Software, and any portion thereof, are referred to herein as the "Software."
1. USE OF SOFTWARE
CooCox CoOS is free and open-source, it is licensed under the Berkeley Software Distribution (BSD) and can be used in commercial applications under this license.
CooCox Colink, CoSmart, CoIDE, CoBuilder, CoDebugger and CoFlash are all free but not open-source, they can be downloaded, installed and used for free in non-commercial or commercial applications.
No body has the right to sell the software or related products without permission. You may not use the CooCox Software in any manner that could damage, disable, nor may you use Software in any manner that could interfere with any other party's use and enjoyment of CooCox's services or the services and products of Third Parties. "Third Parties" means the third party licensors of the Software.
3. PROPRIETARY RIGHTS
You acknowledge that (a) the Software contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) CooCox and/or Third Parties own all right, title and interest in and to the Software and software provided through or in conjunction with the Software, including without limitation all Intellectual Property Rights therein and thereto. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not, and will not allow any third party to, (i)(open-source software is not restricted by this condition.) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Software, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Software, (iii) use the Software to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter CooCox's or any Third Party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Software.
4. AUTOMATIC UPDATES
The Software may communicate with CooCox servers and/or Third Party servers from time to time to check for available updates to the Software, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). By installing the Software, you agree to automatically request and receive Updates.
You may terminate these Terms and Conditions at any time by permanently deleting the Software in its entirety. Your rights automatically and immediately terminate without notice from CooCox or any Third Party if you fail to comply with any provision of these Terms and Conditions. In such event, you must immediately delete the Software.
6. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
7. LIMITATION OF LIABILITY
A) YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CooCox AND THE THIRD PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B) NEITHER CooCox NOR THE THIRD PARTIES MAKE ANY WARRANTY (I) THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THAT THE SOFTWARE WILL BE ERROR-FREE OR BUG-FREE, (III) REGARDING THE SECURITY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE SOFTWARE, AND (IV) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
C) ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER CooCox NOR THE THIRD PARTIES SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CooCox OR THE THIRD PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SOFTWARE; (II) THE INABILITY TO USE THE SOFTWARE TO ACCESS CONTENT OR DATA; (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (V) ANY OTHER MATTER RELATING TO THE SOFTWARE. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
8. THIRD PARTY PRODUCTS AND SERVICES
The Third Party Software may also be governed by applicable licenses, terms of service and privacy policies of the respective Third Parties . Solely with respect to Third Party Software, in the event of a conflict between these Terms and Conditions and any Third Party Licenses and Policies, the Third Party Licenses and Policies shall control.
9. MISCELLANEOUS PROVISIONS
A) Entire Agreement. These Terms and Conditions constitute the entire agreement between you and CooCox relating to the Software and govern your use of the Software, superseding any prior or contemporaneous agreements between you and CooCox regarding the Software.
B) Choice of Law and Forum. These Terms and Conditions and the relationship between you and CooCox shall be governed by the laws of China without regard to its conflict of law provisions. You and CooCox agree to submit to the personal and exclusive jurisdiction of the China courts.
C) Waiver and Severability of Terms. The failure of CooCox to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions shall remain in full force and effect.
D) Statute of Limitations.You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Software or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
E) Content License.You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services.
F) Comments.If you have comments regarding the Software or ideas on how to improve it, please visit http://www.coocox.org/ and enter your comments. Please note that by doing so, you also grant CooCox and Third Parties permission to use and incorporate your ideas or comments without restriction and without compensation.