The TimeFlys Monitor App developed by MC Devices Co., Ltd (hereinafter referred to as "MCD") should be downloaded and used only for evaluation purposes. By using the TimeFlys Monitor App User (hereinafter referred to as the "User") agrees to the following User Agreement (hereinafter referred to as "this Agreement"). MCD and the User are respectively referred to as "Contracting parties" in the following text and are collectively referred to as "both parties".
1. Definition
"Document" means any technical paper or electronic document that MCD provides to the user.
"Software package" means the TimeFlys Monitor App software developed by MCD and provided to the user for use strictly in accordance with the provisions of this agreement.
2. Authorization
2.1 MCD grants the user a non-exclusive, non-transferable, non-sublicenable right of use based on the User's full and unconditional acceptance of all obligations under this Agreement. The user must strictly adhere to the authorized purpose of use and use the files and packages together. The user is fully and explicitly aware and accepted that they only have the right to use the package, not ownership. Unless otherwise expressly agreed, MCD or its affiliates do not grant any other intellectual property rights or any rights or licenses, and expressly exclude any implied authorization or license.
2.2 MCD owns and retains all ownership, other rights and interests, and all related intellectual property rights of all software packages and files (and their associated derivatives). The User undertakes not to interfere with or reduce MCD's ownership, any other rights or interests in the software packages and files by any act (including act or omission).
2.3 The user shall not, by itself, permit or assist any third party to engage in the following acts:
a. To change, modify, adapt, improve, compile or create derivatives of any part of the package, or to take any action that will or may cause the package to break up;
b. Reverse engineering, decompile or disassemble the package, or attempt to obtain the source code or algorithmic nature of the package in any other way;
c. Decoding, decrypting, deleting, circumventing or eliminating any security measures of the package;
d. Copying, reproducing, distributing, selling, leasing, lending, transferring or otherwise granting the package to any third party;
e. Generate one's own software package version;
f. Combine packages with open source software by merging, linking, or otherwise; or
g. Placing or allowing the placement of any part of the package on any public website or global web page.
2.4 The user shall not alter or remove any label in the package or file, including title, copyright notice or any other mark.
3. Free use
Users can use the package and files for free.
4 Disclaimer
MCD provides packages, files and all other information under these terms "as is" and disclaims all warranties or representations regarding their completeness, security, error-free nature, functionality, interruption, delay or imperfection, etc. To the extent permitted by law, MCD disclaims all warranties, express or implied, including warranties of merchantability, performance and quality, fitness for any particular purpose, or non-infringement of third party rights. MCD shall not be liable for any results or damages arising out of the user's use of the software packages and files.
5. Scope of liability
5.1 No Party shall be liable to any other party for any indirect or consequential, incidental, punitive or special damages (including but not limited to: loss of profits, interruption of business or personal injury) arising out of, in connection with or unrelated to this Agreement, even if the other party has given notice of the possibility of such damages.
5.2 Except in cases of gross negligence or intentional misconduct or breach of user obligations as stipulated in Section 2, if a court of jurisdiction determines that any party to this Agreement shall be liable to the other party for any damages, the total amount of damages shall not exceed USD 1,000.
6. Compensation
The User shall ensure that MCD and its affiliates are free from any damages and costs arising out of or in connection with the User 's breach of obligations under this Agreement, as well as any adverse consequences or liability arising out of the User' s use of the software package.
7. Others
7.1 This Agreement constitutes the entire agreement between MCD and the user regarding the use of the TimeFlys Monitor App and supersedes any prior agreements.
7.2 In the event that any provision of this Agreement is unenforceable in part or in whole, the remaining provisions shall remain valid. The inability of MCD to enforce any part or all of this Agreement shall not be construed as or constitute a waiver of any right. Any modification or waiver of this Agreement shall be subject to the written consent of MCD in person.
7.3 Without the consent of MCD, the user shall not transfer any rights or obligations under this agreement to others.
7.4 No provision of this Agreement grants rights to any third party. Any rights and obligations that MCD has under this agreement may be freely transferred by merger, acquisition, sale of assets, or otherwise lawful means.
7.5 MCD sincerely thanks for any feedback and suggestions regarding the APP. The user is fully aware and agrees that MCD may use them without compensation or any restrictions, and MCD has no obligation to keep them confidential.
7.6 MCD may update this agreement from time to time. Unless otherwise required by law, MCD will notify the user before updating this Agreement and give the user an appropriate opportunity to review it. The Agreement shall come into effect immediately upon its update, and the user shall be bound by it if they continue to use the packages and files.
7.7 This Agreement and any related disputes shall be governed by the laws of the People's Republic of China. Any dispute arising out of or in connection with this Agreement shall first be settled in good faith by both parties. In the event of any dispute arising from this agreement, the parties agree that the laws of the People's Republic of China shall prevail and that the laws governing the application of foreign-related civil laws shall be excluded, and that the People's Court of Nanshan District, Shenzhen City shall be the court of first instance. However, MCD may bring any lawsuit to any court in respect of any dispute regarding unauthorized use of the software package or documents.
7.8 There may be multiple language versions of this Agreement, including Chinese and English. In the event of any conflict between the Chinese version and other language versions, the Chinese version shall prevail.
* Effective Date：2025/01/01
* Update Date：2025/01/03
