XX09 AUXIPEula

You might also like

Download as pdf or txt
Download as pdf or txt
You are on page 1of 9

End User License Agreement

This End User License Agreement (“EULA”) constitutes a valid and binding agreement
between ASUSTeK Computer Inc. (“ASUS“) and You, as a user, for the use of the ASUS
Software (“Software”) defined as set forth below. By installing and continuing to use
the software YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND
UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THIS EULA AND ANY
NEW VERSIONS HEREOF.

1. SOFTWARE means the ASUS Software provided in or with the applicable ASUS
product including but not limited to any future programming fixes, updates, upgrades
and modified versions.

The Software may be accompanied by other ASUS- or third party created software
that is licensed under one or more of the Free Open Source Software licenses as
listed under www.opensource.org/licenses. Such Free Open Source Software is
provided to you solely under the terms of the respective license agreement or
copyright notice accompanying it or in the FOSS licenses file accompanying the
Software. The terms of this EULA do NOT apply to such Free Open Source Software.

2. LICENSE Subject to the terms of this EULA, ASUS hereby grants You a limited,
personal, non-commercial, non-exclusive license to use the Software solely as
embedded in the ASUS products. 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. This
license shall not be sublicensed, and is not transferable except to a person or entity
to whom you transfer ownership of the complete ASUS products containing the
Software, provided you permanently transfer all rights under this EULA and do not
retain any full or partial copies of the Software, and the recipient agrees to the terms
of this EULA.

3. REVERSE RESTRICTION You shall not reverse engineer, decompile decrypt or


disassemble the Software or permit or induce the foregoing except to the extent
directly applicable law prohibits enforcement of the foregoing.

4. CONFIDENTIAL ITY You shall have a duty to protect and not to disclose or
cause to be disclosed in whole or in part of confidential information of the Software
including but not limited to trade secrets, copyrighted material in any form to any
third party.

5. Intellectual Property RIGHTS (“IP Rights”) You acknowledge and agree that all
IP Rights, title, and interest to or arising from the Software are and shall remain the
exclusive property of ASUS or its licensor. Nothing in this EULA intends to transfer any
such IP Rights to You. Any unauthorized use of the IP Rights is a violation of this EULA
as well as a violation of intellectual property laws, including but not limited to
copyright laws and trademark laws.
By sending any information, material, ideas, concepts or techniques except for
personal information to ASUS through the Software (“Feedbacks”), You acknowledge
and agree that: (i) Your Feedbacks shall not contain confidential or proprietary
information; (ii) ASUS is under no obligation of any kind of confidentiality, express or
implied, regarding the Feedbacks; (iii)ASUS shall be entitled to use or disclose, at
ASUS’s sole discretion, the Feedbacks for any purpose, in any way, worldwide; (iv)
Your Feedbacks shall become the property of ASUS without any obligation of ASUS to
You; and (v) You are not entitled to any compensation or reimbursement of any kind
from.

6. TERM AND TERMINATION This EULA will be effective as of the date You install
the Software. You may terminate this License at any time by ceasing all use of the
Software and removing the Software from ASUS product. Your right will terminate
without prior notice from ASUS if we think You fail to comply with any provision of
this EULA.

7. Warranty Disclaimer and Limitation of Liability YOU ACKNOWLEDGE THAT THE


SOFTWARE IS PROVIDED “AS IS.” THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THIS SOFTWARE IS WITH YOU, INCLUDING BUT NOT LIMITED TO
RELATED COST OF ALL NECESSARY SERVICING AND REPAIR. TO THE EXTENT
PERMITTED BY LAW, ASUS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH
RESPECT TO THIS SOFTWARE OR ANY OTHER INFORMATION OR DOCUMENTATION
PROVIDED UNDER THIS EULA OR FOR THIS SOFTWARE, INCLUDING BUT NOT LIMITED
TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
OR AGAINST INFRINGEMENT, OR ANY WARRANTY ARISING OUT OF USAGE OR OUT
OF COURSE OF PERFORMANCE. ASUS ALSO MAKES NO WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SOFTWARE OR AS TO THE
ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THIS
SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF
LIABILITY MAY NOT APPLY TO YOU.

THE ENTIRE RISK ARISING OUT OF THE USE AND/OR PERFORMANCE OF THIS
SOFTWARE REMAINS WITH YOU. IN NO EVENT SHALL ASUS, ITS LICENSORS OR ANY
OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE
LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE,
OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF INFORMATION, OR OTHER
PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THIS EULA OR THE USE OF OR
INABILITY TO USE THE SOFTWARE OR ANY PART THEREOF, EVEN IF ASUS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

8. Indemnity YOU agree to defend, indemnify and hold harmless ASUS and its
affiliates, service providers, syndicators, distributors, licensors, officers, directors and
employees, from and against any and all losses, damages, liabilities, and expenses
arising out of any claim or demand (including reasonable attorneys' fees and court
costs), due to or in connection with YOUR violation of this EULA or any applicable law
or regulation, or third-party right.

ASUS Privacy Policy

ASUSTeK COMPUTER INC. and its affiliated companies (hereinafter referred to as


“ASUS”) are committed to protecting and respecting your privacy. We conduct our
business in compliance with applicable laws on privacy protection and personal
information security. ASUS Privacy Policy (hereinafter referred to as “Privacy Policy”)
outlines what personal information we may collect, how we use and safeguard the
collected personal information and with whom we may share it.
Your submission of your personal information to ASUS will be deemed that you
accept the Privacy Policy.

Information That ASUS Collect and How ASUS Use It


You can log on, place an order, request support service or register with us when you
visit/use our service (hereinafter referred to as “SERVICE”), it is completely optional
for you to engage in these activities. If you elect to engage in these activities, ASUS
may ask you to provide us with certain information including your personal
information to perform the SERVICE as identified below:
• We may ask you for your first and last name, mailing/shipping address (including
zip code), e-mail address, telephone and facsimile number, and other personally
identifiable information:
o to fulfill registration process, technical support, upgrade, discount, payment,
shipment and ASUS obligations under any sale and purchase contract or other
benefits that may be made available to registered users, when you register, purchase
or download our product or SERVICE.
o to send marketing information about our products, services and other special
offers to you if you choose to regularly receive such information. You may
unsubscribe at any time. Subscription to this service is optional and free.
o to qualify the entry and to contact you regarding the event or prize awards if
you enter an event.
o to customize our support services to your personal needs.
o to respond to your inquiries when you submit feedback or questions via e-mail,
or contact us for information about our SERVICE.
o to complete surveys to be used for customer satisfaction analysis.
o to provide and improve our products and SERVICE, to obtain customer feedback
and to analysis user experience.
• We may collect your device data such as device model/serial number, standby
status, crash history, preferred interface, language settings, frequently used software
information, the software function usage behavior:
o to provide you with better services, enhance user experience, and continuously
discover problems to improve performance.
o to obtain customer feedback and to analysis user experience.
For such purposes portions of your personal information may be transferred to our
agents and/or contractors acting on our behalf and within the scope of the purposes,
and we will ensure that those agents and/or contractors are strictly in compliance
with the Privacy Policy.
WE will not use or transfer to third parties your personal information for any
unrelated purposes, unless and to the extent it is required by applicable laws or
regulations or the competent governmental or judicial authorities, necessary to
establish or preserve a legal claim or defense, or necessary to prevent fraud or other
illegal activities.
WE will in particular not sell or market your personal information to any third parties.
We will cease using your personal information held by us once the personal
information is no longer required for ASUS to carry out the purpose for which the
personal information was intended to be used.

Transfer of Personal Information to Different Locations


When you submit personal information to ASUS, you understand and agree that this
personal information may be transferred between ASUS offices and agents and/or
contractors of ASUS internationally, and may be stored and processed in any of the
countries which ASUS and agents and/or contractors of ASUS locate in. All transfer,
storage and use of your personal information shall be subject to and protected by the
Privacy Policy.

How ASUS Use Cookies and Web Beacons


Our web site may use "Cookies", which are text files placed on your computer, to
enable you to sign in to the SERVICE and to help personalize your online experience.
We use cookies to store your preferences and other information on your computer in
order to save your time by eliminating the need to repeatedly enter the same
information, and to display your personalized content and appropriate advertising on
your later visits to web sites of the SERVICE. We may also use so called “Web beacons”
or similar technologies on some ASUS web sites. When you access those pages, an
anonymous notice of that visit is being generated on your computer. This notice may
be processed by us or others (including but not limited to Google) in order to identify
whether a particular page on our website has already been visited or a link clicked by
you. We may also include Web beacons in our promotional e-mails or our
newsletters in order to determine whether messages have been opened and links
contained within clicked on. We use this information to understand how you use our
website and how we can improve it for you.
The Cookies used on our website have been categorized as below.

Category 1: performance Cookies


Category 2: functionality Cookies
Category 3: targeting Cookies or advertising Cookies

Category 1: performance cookies

These Cookies collect information about how you use our website, for instance which
pages you go to most often, and if they get error messages from web pages. These
Cookies don’t collect information that identifies you. All information these Cookies
collect is aggregated and therefore anonymous. It is only used to improve how our
website works.
Cookie Name Host
Google Analytics Google Inc.
TagMan Ensighten, Inc.
eTrack eTrack Products Pty. Ltd
Crazyegg Crazy Egg, Inc
MIGO MIGO Corp.
Yandex Metrica Yandex Europe AG
Optimizely Optimizely, Inc.

Category 2: functionality cookies

These Cookies allow our website to remember choices you make (such as your
language or the region you are in) and provide enhanced, more personal features.
For instance, our website is able to remember the products you recently viewed, the
number of times you visit Community listed on our website or provide you with the
product comparison service after adding the selected products to Compare List.
These Cookies can also be used to remember changes you have made to text size,
fonts and other parts of our website that you can customize. They may also be used
to provide SERVICE you have asked for such as watching a video. The information
these Cookies collect may be anonymized and they cannot track your browsing
activity on non-ASUS websites.

Cookie Name Host


Popup ASUS
ProductGroup_RelationId ASUS
comparecookiename ASUS
isBusiness ASUS
recently ASUS
CheckVote ASUS
Lang ASUS
Google Tag Manager Google Inc.

Category 3: targeting cookies or advertising cookies

These Cookies are used to deliver adverts more relevant to you and your interests by
remembering how you use the SERVICE. They are also used to limit the number of
times you see an advertisement as well as help measure the effectiveness of the
advertising campaign. ASUS places these Cookies by using advertising campaign
services, such as Hubrus DSP, Google AdWords, and Google DoubleClick. The
information of these Cookies is only used between ASUS and advertising campaign
service provider.

Cookie Name Host


Google AdWords: Conversion, and Remarketing Cookies Google Inc.
Google DoubleClick Google Inc.
Facebook: Conversion, and Remarketing Cookies Facebook, Inc.
Adform Adform
Hubrus DSP HUBRUS

Prevent these Cookies may stop ASUS from providing you the full functionality of our
website and SERVICE. Where indicated, you may still refuse the use of these Cookies
by managing Privacy settings under your browser Tools and Options. Browser Tools
and Options may differ and change depending on the browser and version installed
on your devices, please visit browser’s own support pages for more information.

Security
We take precautions to protect your personal information against unauthorized
access or unauthorized alteration, disclosure or destruction. These include internal
reviews of our personal information collection, storage and processing practices and
security measures, as well as physical security measures to guard against
unauthorized access to systems where we store your personal information.
Transmission of personal information between different locations of ASUS affiliated
companies is performed through our secured wide area network. When you submit
personal information via the SERVICE, your information is protected both online and
offline.

However, ASUS cannot guarantee a perfect security on the internet. When using the
internet, we recommended that you use alphanumerical usernames and passwords
and change your passwords on a regular basis, as well as keep your computer up to
date by applying the latest available security updates for your software and using
such tools as virus/spyware scanners.

How You Can Access Your Information


We want to help you keep your personal information accurate. You may view and
change your registration information by logging in and editing your account settings
on the SERVICE. For the security of your account, you will be required to sign in with
your login ID and password.
For further inquiries about personal information ASUS stores about you, kindly
contact us through the email address mentioned in below section “Contacting Us”.

Additional Information Concerning Children’s Privacy


We do not knowingly collect personal information from children without their
parent’s or guardian’s consent. We encourage parents and guardians to take an
active role in their children’s online activities and interests while using the SERVICE.
If you are a child, please seek and verify your parent’s or guardian’s consent. Only
after we verify your parent’s or guardian’s consent, you may submit personal
information to us. Your parent or guardian can revoke any consent previously given.

Sensitive Personal Information


ASUS will never ask you to provide sensitive personal information such as
information about your medical or health record, political or religious beliefs,
criminal offences alleged or committed criminal conviction background, sexual
orientation, sexual life or genetic information. Please refrain from providing us with
such information.

Links to Non-ASUS Web Sites


This SERVICE may contain links to other websites. Please be aware that ASUS is not
responsible for the security, the privacy practices and the materials of those
Non-ASUS websites. We encourage you to be aware of when you leave the SERVICE,
and to read the privacy statements of those Non-ASUS websites. This Privacy Policy
applies only to ASUS SERVICE.

Changes to The Privacy Policy


We may modify the Privacy Policy at any time, so please review it frequently. If we
make substantial changes to it, we will notify you by means of a notice on our
homepage.

Contacting Us
If you have any inquiries, questions, comments or complaints about the Privacy Policy,
or if you believe that ASUS did not comply with the Privacy Policy, please feel free to
contact ASUSTeK COMPUTER INC.
Legal Compliance Department
Legal Affairs Center
15, Li-Te Rd.,
Taipei 112,
Taiwan
privacy@asus.com
Updated July 08, 2015 by ASUS Legal Affairs Center

You might also like