Last Update: November 15, 2022
Effective Date: December 15, 2022
Please read this End User License Agreement (hereinafter referred to as this “Agreement”) carefully before using the Deepin Upgrade Tool (hereinafter referred to as the “Software”). This Agreement is a legal agreement entered into between Wuhan Deepin Technology Co., Ltd. and its affiliates (especially UnionTech Software Technology Co., Ltd.) (hereinafter referred to as “Wuhan Deepin” or “we”) and you (natural person, legal person or other organization). Once you install, reproduce or otherwise use the Software, you agree and accept this Agreement, and acknowledge that you have read and understood this Agreement. If you are an individual representing an entity, once you install, reproduce or otherwise use the Software, you acknowledge that you have been authorized to accept this Agreement on behalf of the entity. If you do not agree to any of the terms of this Agreement, please do not install, download or otherwise use the Software and its related services. This Agreement also applies to services such as software maintenance, update, upgrade and support provided by Wuhan Deepin, unless they are accompanied by other terms.
Unless this Agreement is superseded by a new version or other agreements, this Agreement applies to any upgrades hereof, and any replacement and/or supplementation of the Software, the source code and its upgrades or new versions (if any) furnished by us, regardless of the delivery method.
Notwithstanding the following provisions of this Agreement, you know and accept that even if you have read and agreed to be bound by the terms of this Agreement, you have no right to install, reproduce, modify, redistribution or use the Software in any other way before you are legally authorized to use the Software in any of the following ways:
(1) Obtain the lawful use authorization of the Software directly through Wuhan Deepin;
(2) Obtain the lawful use authorization of the Software from a third party with the right to sublicense.
When using the Software, you must also abide by all the terms and conditions in other agreements (if any) signed with Wuhan Deepin to give you the right to use the Software or authorization documents (if any) issued by Wuhan Deepin to prove your right to use the Software. The Software is only licensed to users as agreed in this Agreement. The source code and object code provided by Wuhan Deepin with copyright notice included in the Software, as well as all components composed of the aforesaid source code and/or object code, the content created by Wuhan Deepin, or the modified content different from the previous version without modification, and the related intellectual property rights formed shall belong to Wuhan Deepin. For the purposes of this Agreement, use means downloading, installing, reproducing, redistributing or otherwise using functions of the Software.

1. Licensing.
1.1 Subject to the following terms, Wuhan Deepin hereby grants you a non-exclusive, non-transferable, and revocable license under this Agreement.
1.2 The Software may contain software components compiled by third party developers according to corresponding open source protocols. The license agreement for each software component is located in the source code of the software component, and you shall abide by the provisions of the corresponding open source software license agreement when using these software components. This Agreement applies only to the Software, and does not limit or alter your rights under the license terms of any particular software components.
2. Instructions for Use
To use the Software, you shall have compatible hardware, software (the latest version is recommended, and sometimes the latest version is mandatory). The performance of the Software we provide to you may be affected by the above factors. If there is a need to get a legitimate and valid license before using the Software, you acknowledge that you shall be obliged to obtain and comply with any necessary permits by yourself and on your own initiative. 
3. Intellectual Property Rights.
3.1 All copyrights, trademarks, patents, trade secrets and other intellectual property rights as well as all information and contents (including but not limited to words, pictures, audios, videos, charts, interface designs, layout framework, relevant data or electronic documents, especially “深度”, “deepin”, “统信”, “UOS” and “统信UOS” trademarks and logos) of the Software, shall be protected by the laws of the People’s Republic of China, and owned by Wuhan Deepin Technology Co., Ltd. and its affiliates, except for the rights that the relevant right holders shall enjoy in accordance with the provisions of the law.
3.2 Without the written consent of Wuhan Deepin or the actual right holder, you may not implement, utilize or transfer the above intellectual property rights for any commercial or non-commercial purpose, or allow any third party to do so. You shall not remove any intellectual property mark of the Software, and shall mark on all copies thereof that its intellectual property belongs to Wuhan Deepin and/or other licensors according to its existing expression.
4. Specification for use.
4.1 You may use the Software under this Agreement subject to the law and this Agreement. You have no right to perform acts including but not limited to the following:
(1) using the Software to publish, transmit, disseminate and store content that violates the laws of your country, endangers social security, public order and good customs, or any improper, insulting, slanderous, obscene, violent content or otherwise that violates the laws, regulations and policies of the country where the user is located;
(2) using the Software to publish, transmit, disseminate and store contents that infringe upon others' intellectual property rights, trade secret rights and other legal rights;
(3) using the Software to publish, transmit and disseminate advertising information and junk information in batches;
(4) using the Software to publish, transmit, disseminate or otherwise transfer documents containing images, photos, software or other materials that infringe on the legal rights of third parties (including but not limited to copyright, trademark rights, patent rights, trade secrets, privacy rights and related personality rights), unless you have obtained full and effective prior authorization from the right holders; 
(5) any act endangering network security, including but not limited to: using unauthorized data or entering unauthorized servers/accounts; entering the public network or other people's operating systems without permission and deleting, modifying or adding stored information; unauthorized attempts to detect, scan and test the weaknesses of the Software system or network or other acts that undermine network security; attempts to interfere with or destroy the normal operation of the Software system, deliberately spread malicious programs or viruses and other acts that destroy and interfere with normal network information services; forging TCP/IP packet names or partial names;
(6) other services provided by using the Software and Wuhan Deepin in any illegal way, for any illegal purpose, or in any way inconsistent with the Agreement.
 If you violate the above regulations, Wuhan Deepin has the right to terminate, completely or partially suspend or restrict your use of the relevant functions of the Software at its own discretion, and reserves all the rights to investigate the above acts.
5. Disclaimer.
Wuhan Deepin will not provide any express, implied or statutory warranty, guarantee or condition, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Software is designed and provided as a general-purpose product, not for the specific use of any user. You shall always back up your files. You must use the Software at your own risk. Wuhan Deepin shall not assume any liability for damages and risks arising from the use or inability to use the Software, including but not limited to direct or indirect personal damages, loss of commercial profits, trade interruption, loss of commercial information or any other economic losses. Wuhan Deepin does not take any liability for damages caused by telecommunication systems or Internet network failures, or any other force majeure reasons (including hacking attack). For losses caused by telecommunication system or Internet network failure, supporting system failure or any other force majeure reasons (including hacker attacks), UnionTech Software do not assume any responsibility. The user violates the provisions of this Agreement, causing damage to Wuhan Deepin. Wuhan Deepin has the right to take measures including but not limited to interrupting the use license, suspending provision of services, restricting the use, and pursuing legal investigations.
6. Support Services.
6.1 If Wuhan Deepin expressly provides the support service to the user in the user manual or other materials attached to the Software, Wuhan Deepin will provide the support service related to the Software to the user in accordance with various policies and plans described in the user manual or other materials.
6.2 Any additional software (if any) provided to the user as part of the support service shall be regarded as part of the Software and shall comply with the terms of this Agreement, except that the additional software (if any) has its own license terms or legal agreements.
6.3 The user expressly agrees that Wuhan Deepin may use the technical information (such as bug feedback, product suggestions and so on.) provided by the user to Wuhan Deepin as part of the support service for commercial purposes, including product support and development. Except for the circumstances necessary to provide the support service to the user, Wuhan Deepin will not specifically disclose and mark the source of information when using such technical information.
7. Limited Liability.
7.1 Wuhan Deepin undertakes that the Software and activities related thereto comply with the requirements of local laws and regulations in force, including but not limited to (1) Data protection, privacy protection, and other laws and regulations on collecting and using user information; (2) Telecommunications law; (3) Content rating laws. Wuhan Deepin shall be obliged to inform users of discovered or exposed security risks in a timely manner and actively improve them to minimize the negative impacts. In the case of violation of this article, Wuhan Deepin shall compensate the user for the losses and eliminate the adverse effects suffered by the user according to the law. Notwithstanding the foregoing, if users use the Software beyond the restrictions of specific territory hereunder without authorization and thereby violate the provisions of effective local laws, users shall be held legally accountable.
7.2 In no event shall the liability of Wuhan Deepin, Wuhan Deepin’s authorized dealers or licensors of any components under the Agreement exceed the amount you have made to Wuhan Deepin for the media, except as set forth in 7.1. Meanwhile, Wuhan Deepin shall not be liable for any claim or damage caused by the content applied to or operated in the Software or other content related to this content provided by you or a third party.
8. Third Party Software Program.
Wuhan Deepin may distribute third party software programs with the Software. Such third party software programs are not necessary for the operation of the Software, but are provided for your convenience, and are subject to the third party's own license terms or legal agreements. In addition, other applications you install and run based on the Software also belong to the category of third party software programs. The rights and obligations between you and third party software programs’ licensors are determined by the license terms or legal agreements attached to the third party software, and whether you have the right to install and run the program shall be determined according to the legal agreements. If you wish to install third party software programs on more than one system or transfer third party software programs to others, you shall contact the third party software programs’ licensors yourself and obtain appropriate authorization. Wuhan Deepin will not be responsible for any loss arising from your use of any third party software program.
9. Reservation of Rights.
All rights related to the Software that are not explicitly granted are owned by Wuhan Deepin, and users must obtain authorization through the written consent of Wuhan Deepin when using other rights.
10. Termination of License.
10.1 If you fail to comply with the terms and conditions of the Agreement, Wuhan Deepin may terminate this Agreement. Upon termination of this Agreement, you must immediately destroy all copies of the Software, accompanying printed materials of documents, or return them to Wuhan Deepin.
10.2 Wuhan Deepin may terminate this Agreement by providing you with a replacement agreement for any alternative or modified or upgraded version of the Software and stipulating that your use of such alternative or modified or upgraded version is conditional on your acceptance of such replacement agreement.
11. Submission of Information.
If you submit data or other information (hereinafter referred to as "Information", which includes but is not limited to ideas, concepts or technologies submitted to improve the Software and services related to the Software, whether as feedback, data, questions, comments, suggestions and so on.) to Wuhan Deepin by any means or any media, it will be deemed that you agree that all such Information is unrestricted and non-confidential. In addition, in order to improve our software and services, you also agree that Wuhan Deepin has the permanent, inalienable and non-exclusive right to use such Information worldwide and share such Information with other parties (such as hardware and software suppliers) without the obligation to make payment, compensate or give remuneration to you. The rights of Wuhan Deepin in this clause shall also include the right to use, reproduce, transmit and disseminate all the Information you submitted, adapt or compile such Information into new works, create works derived therefrom, display and execute all the Information you submitted, and allow third parties to do the above. Except for the circumstances necessary to provide the support service to the user, Wuhan Deepin will not specifically disclose and mark the source of information when using such information.
12. Territory and Export Restrictions.
If your software is restricted to a specific territory, you can only activate the Software in such territory. You must also comply with all domestic and international export laws and regulations applicable to the Software, including various restrictions on destination, end-user and end-use.
13. Jurisdiction and Application of Law.
The conclusion, execution and interpretation of the Agreement and the resolution of disputes shall be governed by the laws of the People's Republic of China (excluding Hong Kong, Macao and Taiwan). In the case of any dispute between you and Wuhan Deepin over the content of this Agreement or its implementation, both parties shall conduct friendly negotiation; If the negotiation fails, either Party may bring a lawsuit to the people's court with jurisdiction in the place where [Daxing District, Beijing] is located.
14. Personal Information and Data Security.
We attach great importance to the protection of your personal information. When using the Software, we will collect data from your device in accordance with the provisions of this Agreement and the provisions of the Privacy Protection Guide for Deepin Upgrade Tool.
The Software includes an Application Programming Interface (API), through which you may share certain data with third parties to meet various management requirements. You hereby confirm and acknowledge that you, instead of Wuhan Deepin, shall be solely responsible for all losses (including but not limited to users' data leakage) that may arise from your use of this function.
We would like to draw your attention to strengthen the management of the personnel authorized to access to the Software, take reasonable measures to ensure the security of relevant ID and passwords, and comply with relevant laws, regulations and service rules applicable to the Software (including but not limited to Product White Paper). If you violate any of the terms stated herein, you shall bear all losses caused thereby, and Wuhan Deepin reserves the right to terminate the provision of the Software to you at any time.
15. Interpretation and modification.
15.1 Wuhan Deepin has the right to interpret and modify the Agreement to the maximum extent permitted by this Agreement and the laws. Wuhan Deepin has the right to modify the Agreement at any time according to changes in relevant laws and regulations as well as adjustments in the company's operating conditions and operating strategies. The amended agreement will be read and accepted before you use it in the new version of the Software. In case of any dispute, this Agreement shall be terminated, and the latest version shall prevail. If you disagree with the change content of this Agreement, you may uninstall and delete the Software and destroy its related information content. If you continue to use the Software, it will be deemed that you accept the change of this Agreement.
15.2 This Agreement may be written in different language versions. No matter which language you receive, the Simplified Chinese version shall prevail.
15.3 The headings to all the terms of this Agreement are for ease of reference only without actual meaning and shall be ignored in interpreting this Agreement.
16. Contact Us.
If you have any questions about this Agreement, or wish to obtain any information from Wuhan Deepin, please contact Wuhan Deepin directly at support@uniontech.com.

