END USER LICENSE AGREEMENT
Version 1.1.1 Update: 2025-06-15
This End User License Agreement (hereinafter referred to as "this Agreement" or EULA) is an agreement concluded between the end user (individual, company or any other entity, hereinafter referred to as "you") and Shanghai HiddenMap, Ltd. (hereinafter referred to as Party A) for the use of the software (see the definition in Article 1.2 of this Agreement, hereinafter referred to as Party A's Software) or hardware provided with this Agreement. Your use of Party A's Software or Hardware is subject to this Agreement. Please read this Agreement carefully.
1. Scope of Application
1.1 Please read this Agreement carefully before you download, install or use Party A's Software. Your download, installation or use of Party A's Software will be deemed that you have agreed to accept this Agreement. If you do not agree to this Agreement, please do not download, install or use Party A's Software.
1.2 The Party A Software described in the Agreement refers to: a. Party A Software distributed with this EULA; b. Party A Software that references this EULA, including but not limited to source code, object code and/or other embedded software, documents, interfaces, content, and any data protected by the copyright of Party A or its licensors stored on Party A or third-party devices. c. ihm file format. Different versions of ihm file formats are the intellectual property of Party A.
Updates or upgrades made by Party A to the software described in a, b, and c. These software do not contain open source software components. Unless otherwise agreed, the software described in this Agreement shall be subject to this Agreement, whether it is stored in a read-only memory, any other medium or in other forms, or from other distribution channels.
2. Grant of Rights
2.1 Unless a written license agreement is signed separately with Party A, Party A grants you a non-exclusive, non-exclusive, revocable, non-transferable, non-sublicensable, non-sublicensable limited license for the purpose of testing and verifying the functions of this software or/and the hardware containing this software (hereinafter referred to as the "Right to Use") in accordance with the terms of this Agreement.
3. Conditions of Use
3.1 Without Party A's prior permission, this software or/and the hardware containing this software or Party A's technology or intellectual property may not be used in the production or operating environment, sold third-party equipment/accessories or granted a license. The production and operating environment includes an environment for commercial operation purposes and an environment for non-commercial purposes. However, if the software or/and the hardware containing the software, Party A's technology, and intellectual property rights must be tested and verified in a production and operation environment, a certain period of exemption can be enjoyed. In principle, the exemption period shall not be longer than 3 months after the start of testing and verification. After the exemption period, Party A has the right to require you to stop using Party A's technology in the production environment, and you shall cooperate. If you do not cooperate, Party A has the right to unilaterally stop the service, and you shall pay Party A a liquidated damages equivalent to three times the license fee of Party A's software. If there is no license fee, you shall pay RMB 500,000 as liquidated damages.
3.3 Unless otherwise expressly permitted, you shall not allow any other person, company or any other entity to copy, disassemble, reverse engineer, decompile, disassemble, modify, translate, improve the software, or make derivative works from the software, or create derivative works of the software. In addition, you shall not allow any other person, company or any other entity to export or attempt to export the source code of Party A's software, decode, modify Party A's software or any service or any part thereof provided by Party A's software, etc.
3.4 In addition, you agree not to use Party A's software and related updates to engage in the following activities:
1) Copy or use any part of Party A's software outside the scope of this Agreement;
2) Provide or allow third parties to use all or part of Party A's software (including but not limited to applications, services, codes and source codes based on this software) without Party A's written permission; You may use this software to provide services to your affiliates, but such affiliates may not use this software directly. An affiliate refers to an entity that has a direct control relationship or a joint control relationship with you, including but not limited to subsidiaries, parent companies, holding companies and their subsidiaries. An affiliate may only use this software indirectly through your services and may not directly access or operate this software. In addition, you must ensure that the Affiliate complies with all terms of this Agreement and assume joint and several liability for the Affiliate's violation of this Agreement;
3) Use Party A's software in a deceptive manner or for deceptive purposes, including but not limited to: falsifying identity information, providing false information, impersonating another person or organization, concealing important facts, misleading statements or any other behavior intended to obtain improper benefits;
4) Delete any copyright notice and prompt contained in Party A's software;
5) Attempt to destroy, bypass, change, invalidate or evade any digital copyright management system related to Party A's software and/or an organic component of the software under this Agreement (including but not limited to USB license containers, hardware fingerprints of the computer currently in use);
6) Other improper or illegal behavior, including but not limited to spreading viruses, malware or other harmful programs; conducting or attempting to conduct unauthorized access, interference, destruction or damage to the security and stability of Party A's software or its related systems; using Party A's software to engage in any illegal activities or infringe on the legitimate rights and interests of others; spreading false information, defamation, insults or other illegal and negative information, etc.
3.5 Due to various factors such as market demand, technological innovation and development, and replacement by more feature-rich products, products will have a life cycle and will exit the market after the end of the life cycle. Party A has formulated a unified life cycle end policy to help customers better manage the transition due to the end of the product life cycle and understand the role Party A can play in assisting the migration to alternative platforms and technologies, as well as other high-quality products that can continue to be provided to customers.
Generally, within 1 year after the product is discontinued, customers can sign a new service contract with Party A and can choose to add the content not included in the original service contract to the new service contract. One year after the discontinuation of sales, Party A will only accept the renewal of the original service contract and will no longer accept the signing of new service contracts.
For maintenance service contracts that have been signed before the product is discontinued, customers can apply for renewal within 2 years after the discontinuation of sales to extend the service life of the product, but the service life of the product cannot exceed 3 years after the discontinuation of sales. At that time, Party A will no longer provide maintenance and support services for these products.
However, in order to better protect the interests of customers, Party A can continue to provide paid individual services to individual customers at their request, provided that its own maintenance capabilities can continue to be maintained, but the specific maintenance service contract needs to be signed after separate negotiation.
4. Ownership
4.1 Unless agreed in writing, nothing in this Agreement transfers ownership of any intellectual property or grants any intellectual property license. You retain any ownership of your content, and Party A retains ownership of Party A's technology and content.
5. Statements and Warranties
5.1 Statements of both parties. You and Party A both declare that they have legally and effectively signed this Agreement and have the corresponding rights and authorizations. You may allow an authorized third party to exercise the right of use on your behalf, provided that you are responsible for ensuring that such authorized third party complies with this Agreement; and you are responsible for any violation of this Agreement by such authorized third party.
5.2 Disclaimer. To the extent permitted by law, unless otherwise provided, Party A excludes and rejects any warranty, statement, term, condition or other form of commitment, explicit or implied, statutory or otherwise, including but not limited to any warranty for merchantability, quality satisfaction, non-infringement or fitness for a particular purpose. Party A does not guarantee that the software (including but not limited to third-party software or open source software) will run error-free or uninterrupted. Due to the continuous development of new technologies for network intrusion and attack, Party A does not guarantee that the product or software and the system or network using Party A's product or software do not have security vulnerabilities and Party A does not guarantee that the discovered security vulnerabilities can be or will be repaired.
6. Limitation of Liability
6.1 Limitation of Liability.
Regardless of whether there are other agreements, Party A's maximum liability under this Agreement shall not exceed the higher of the following two: a. the fees received by Party A for the Party A software; or b. RMB 10,000. If Party A does not receive any fees, the liability for compensation shall be zero regardless of whether the contract is signed.
6.2 Exclusion of Liability.
In no event shall either party or its affiliates be liable to the other for any indirect or consequential loss or damage, or any loss of revenue, profit, opportunity, customer, goodwill, reputation, data or data use arising from or in connection with this Agreement. Even if either party or its affiliates has been informed of or is aware of the possibility of such damage or loss caused by the other party.
7. Export Control
7.1 You ensure that your use of Party A's software, technology, intellectual property rights, and your export and re-export are in compliance with applicable international or national export control, sanctions and counter-sanctions regulations, orders and other measures.
8. Term and Termination
8.1 This Agreement shall take effect from the date of your acceptance and shall continue in effect during your use unless terminated in accordance with this Section 8. You may terminate this Agreement at any time by permanently deleting, destroying and returning the Software, all backup copies and all related materials provided by Party A, and at your own cost. If you fail to comply with any of the terms of this Agreement, Party A or its licensors may terminate this Agreement at any time without prior notice. Upon termination, you must immediately stop using Party A's software and delete all Party A's software and related materials that have been copied and/or installed, and provide Party A with written confirmation within 3 working days after the termination of the Agreement, proving that all copies of the software and related materials have been completely deleted. After the termination of this Agreement, Section 3 (Conditions of Use), Section 4 (Ownership), Section 6 (Limitation of Liability) and Section 7 (Export Control) will continue to be effective.
9. General Terms
9.1 Non-transferability. Without Party A's prior written consent, you may not transfer or otherwise assign all or part of this Agreement to any third party, including your affiliates. If you violate this clause, you shall pay Party A a liquidated damages equal to three times the fees received by Party A for the software. If Party A does not receive any fees, the liquidated damages shall be RMB 300,000.
9.2 Validity of the Agreement. This Agreement contains restrictions on the use of Party A's software. If you purchase Party A's software through Party A's distributors/partners, your use of Party A's software shall still be subject to the provisions of this Agreement. If the agreement between you and Party A's distributor/partner regarding the use of Party A's software is inconsistent with the terms of this Agreement, please be aware that the terms of this Agreement shall prevail.
9.3 Liability for Breach of Contract. The non-breaching party may terminate the agreement and seek compensation, and the breaching party shall pay liquidated damages. If the liquidated damages agreed in this contract are not sufficient to compensate the losses of the non-breaching party, the non-breaching party shall have the right to continue to seek compensation, including but not limited to direct economic losses, indirect economic losses, loss of goodwill, attorney fees, litigation costs, preservation fees, preservation insurance premiums, investigation and evidence collection fees, appraisal fees, and evaluation fees.
9.4 Force Majeure. Neither party shall be responsible for acts, events, omissions or accidents caused by unforeseeable, unavoidable and insurmountable events, including but not limited to natural disasters (including earthquakes, storms or other natural disasters), terrorist acts, wars or war-like acts, civil unrest or riots, electrical, network or communication interruptions, blockades, embargoes, fires, floods, explosions or malicious damage, factory or equipment failures, or changes in any laws, government orders, rules, regulations, directives or industry standards. Both parties will make reasonable efforts to mitigate the impact of force majeure events. If such events continue for more than 90 days, either party may cancel the unfulfilled services and affected orders after 30 days' written notice. This section does not relieve you of your payment obligations under this Agreement.
9.5 Governing Law and Jurisdiction. This Agreement shall be interpreted, understood and governed in accordance with the laws of the People's Republic of China. If any dispute arises regarding the content or performance of this Agreement, it shall be resolved through friendly negotiation. If it cannot be resolved through negotiation, either party may submit the dispute to the People's Court in the jurisdiction of Party A's place of registration for litigation.
9.6 Entire Agreement. This Agreement incorporates policies and documents by reference (including information cited in web links or other policy information cited) and constitutes the entire agreement between you and Party A regarding the use of Party A's software. This Agreement will replace, terminate and replace all prior or contemporaneous written or oral statements, communications and commitments between you and us. When you use or purchase open source software, third-party content or other services/technologies of Party A, you may also be subject to other applicable terms.
9.7 Changes and Modifications. We may publish a modified version of this Agreement, including the documents and policies mentioned in the Agreement, by uploading the modified version to Party A's official website www.hiddenmap.cn or notifying you in other ways. Unless otherwise specified in the updated version, document or policy, the modified terms will take effect after publication or notification. You need to review these terms online regularly. Your continued use of Party A's software after the modified terms take effect will be deemed as your acceptance of the modified terms.
10 Supplementary explanation
This English version is provided as a reference to the Chinese version. The Chinese version override it’s translation should any discrepency arise.
