End User License Agreement (EULA) — ZD Screen Recorder SDK

1. Definitions
1.1 “SDK” means ZD Soft’s screen/audio/camera recording software development kit, including libraries, headers, tools, sample code, documentation, and any Updates/Upgrades.
1.2 “Licensee” means the company or other legal entity that obtains the SDK (including its employees and contractors acting on its behalf).
1.3 “Licensee Application” means Licensee’s software that integrates the SDK to provide recording-related features.
1.4 “Redistributables” means SDK runtime components designated by ZD Soft for distribution with Licensee Applications (e.g., dynamic libraries, runtime files), but not SDK source code or development tools.
1.5 “License Key / Activation Code” means an offline key embedded in Licensee’s project to enable the licensed (non-trial) SDK. The SDK can run without a key in trial mode (see §4).
1.6 “Order” means the purchase confirmation or executed quote specifying SDK edition, fees, and commercial terms.
1.7 “Update / Upgrade”: an Update is a bugfix/minor improvement; an Upgrade has material changes or new features.
1.8 “Confidential Information” means non-public information disclosed by a party, including code, keys, business plans, and trade secrets.

2. License Grant (Perpetual; One-Time Fee)
2.1 Development License. Subject to this EULA and the Order, ZD Soft grants Licensee a worldwide, perpetual, non-exclusive, non-transferable license to use the SDK internally to develop Licensee Applications. The SDK is licensed, not sold.
2.2 Redistribution Rights (No Runtime Fees). Licensee may distribute Redistributables with Licensee Applications to an unlimited number of end-user devices, without additional royalties, provided that:
  (a) Redistributables are bundled only with Licensee Applications;
  (b) they are not distributed standalone, nor in a form enabling third parties to develop with, or extract, the SDK;
  (c) Licensee’s EULA prohibits reverse engineering of Redistributables beyond mandatory law.
2.3 No Exposure for Third-Party Development. Licensee shall not expose SDK capabilities to third parties for their own development (e.g., by offering SDK-like developer APIs, wrappers, or service endpoints that replicate SDK functionality). Providing features of the Licensee Application to end users is permitted.
2.4 Ownership. ZD Soft retains all IP in the SDK; Licensee retains IP in Licensee Applications (excluding the SDK). No copyright in the SDK transfers.
2.5 Offline Embedding. Activation data is embedded in the application’s source code; no runtime online verification or telemetry is required for licensing.

3. Restrictions
Licensee shall not: (a) disclose, resell, or transfer the SDK; (b) reverse engineer, decompile, or disassemble the SDK except to the extent permitted by mandatory law; (c) remove or modify notices, trademarks, or watermarks; (d) create, sell, or provide any competing SDK or SDK variant; (e) enable unlicensed third-party development by exposing SDK-equivalent developer interfaces; (f) use the SDK unlawfully or to infringe others’ rights.

4. Trial Mode; No Refunds
4.1 30-Day Full-Function Trial. A fully functional evaluation SDK is provided for 30 days to allow thorough testing of integration, performance, and compatibility.
4.2 Trial Behavior. Without a License Key, the SDK operates in trial mode; recorded videos include a watermark and a purchase prompt may appear upon exit.
4.3 Final Sale. All SDK sales are final; no refunds after purchase to the fullest extent permitted by law. Licensee should rely on trial results before purchasing.

5. Updates & Upgrades (Free; Change Management)
5.1 Free Availability. For the same SDK product, ZD Soft makes Updates/Upgrades available to licensed customers free of additional charge.
5.2 Publication & Notice. ZD Soft may release Updates/Upgrades without prior notice, add/adjust/deprecate APIs, and publish releases and changelogs on our website.
5.3 Licensee Responsibilities. Licensee should review release notes, obtain the updated SDK, and perform adequate regression and compatibility testing in staging before deploying to production. ZD Soft is not liable for issues caused by failure to test or by incompatible changes.
5.4 Backups & Deprecation. Maintain backups. ZD Soft may deprecate APIs with or without replacement.

6. Support
6.1 Included. Email support for 12 months from purchase (business hours; commercially reasonable efforts).
6.2 Additional Support. Extended or higher-tier support may be purchased under a separate agreement.
6.3 Remote Assistance (Optional). Upon mutual consent, support may include instant messaging and remote assistance tools; Licensee remains responsible for security policies and access control.

7. Third-Party & Open-Source Components
The SDK may include third-party and/or open-source components. Their licenses govern those components and may impose obligations (e.g., attribution). Notices are provided in documentation or an appendix. Licensee must comply when redistributing.

8. Confidentiality
Each party will (i) keep the other’s Confidential Information confidential, (ii) use it only for this EULA, and (iii) disclose it only to its personnel/contractors who need to know and are bound by no-less-protective obligations. These duties last 5 years from disclosure (and indefinitely for trade secrets).

9. Privacy
Licensing is offline; the SDK does not require runtime online verification or telemetry. If Licensee shares logs/data for support, ZD Soft processes them under its Privacy Policy at https://www.zdsoft.com/privacy.html (or the then-current location).

10. Compliance; Recording Laws; Codec Patents; High-Risk Activities
10.1 Recording Compliance. Licensee is solely responsible for informing users and obtaining all legally required consents for audio/video/screen recording, and for complying with applicable laws, policies, and industry rules.
10.2 Codec/Patent Notice. Certain codecs or technologies may be subject to third-party patent or licensing requirements (e.g., video/audio codecs). Licensee is responsible for obtaining any necessary third-party licenses for use and distribution within Licensee Applications.
10.3 High-Risk Activities. The SDK and Redistributables are not designed, intended, or certified for use in high-risk environments requiring fail-safe performance, including without limitation life-support or medical devices, autonomous or aviation navigation/control, nuclear facilities, critical infrastructure/industrial control systems, weapons systems, or other uses where failure could lead to death, personal injury, or severe environmental/financial damage. Licensee assumes all risk for any such use, and ZD Soft disclaims all liability arising therefrom to the maximum extent permitted by law.

11. Export & Sanctions
Licensee will comply with applicable export control and sanctions laws and warrants it is not a sanctioned party and will not use the SDK in embargoed regions.

12. Fees; Taxes; Delivery; Benchmarking
12.1 One-Time License Fee. The SDK is licensed for a one-time fee as stated in the Order; no per-copy runtime royalties apply to Redistributables.
12.2 Taxes. Fees are exclusive of taxes unless stated; Licensee is responsible for applicable taxes.
12.3 Delivery. Delivery is by electronic download.
12.4 Benchmarking Disclosure. Public disclosure of comparative benchmark results that identify the SDK by name requires ZD Soft’s prior written consent, except where prohibited by law.

13. Product Direction & Changes; No Custom Development
ZD Soft may modify, improve, or deprecate SDK features at its discretion. Custom development requests are not accepted.

14. Warranties; Disclaimer
THE SDK AND SUPPORT ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED/ERROR-FREE OPERATION, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

15. Indemnities
15.1 By Licensee. Licensee will defend and hold ZD Soft harmless from claims arising out of (a) Licensee Applications or distributions; (b) Licensee’s breach of this EULA; or (c) unlawful or infringing use.
15.2 IP Claims Against SDK. No additional indemnity is provided beyond mandatory law; enterprise indemnity may be negotiated separately.

16. Limitation of Liability
To the maximum extent permitted by law, ZD Soft’s aggregate liability for all claims under or relating to this EULA or the SDK is limited to the SDK fees paid by Licensee in the 12 months before the claim. ZD Soft is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages (including lost profits, data loss, or business interruption).

17. Force Majeure
Neither party is liable for delay or failure due to events beyond reasonable control (e.g., natural disasters, epidemics, war, government actions, utility failures). The affected party will use reasonable efforts to mitigate.

18. Term; Termination; Effect
18.1 Effective upon download, installation, or use; continues perpetually unless terminated for breach.
18.2 Either party may terminate for material breach uncured within 30 days after notice.
18.3 Upon termination, Licensee must cease SDK development and stop distributing new copies of Licensee Applications that incorporate the SDK. Removal from already-installed end-user devices is not required unless mandated by law or due to IP infringement. Sections intended to survive (ownership, confidentiality, compliance, limitations, law/arbitration, etc.) survive.

19. Governing Law & Dispute Resolution (Hong Kong Arbitration)
19.1 This B2B EULA is governed by the laws of the Hong Kong Special Administrative Region.
19.2 Arbitration. Any dispute shall be referred to and finally resolved by arbitration administered by HKIAC under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. Seat: Hong Kong. Law of this clause: Hong Kong law. Language: English. Tribunal: one (1) arbitrator.
19.3 Interim relief may be sought from courts of competent jurisdiction.

20. Miscellaneous
20.1 Assignment. Licensee may not assign without ZD Soft’s consent; ZD Soft may assign in corporate transactions.
20.2 Severability; Waiver. Invalid terms are severed; failure to enforce is not a waiver.
20.3 Entire Agreement. This EULA and the Order constitute the entire agreement.
20.4 Language Priority. Outside Mainland China, the English version controls.

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Last Updated: 2025-08-22
Company: Shenzhen ZD Soft Co., Ltd. (“ZD Soft”, “we”, “us”, “our”)
Website: https://www.zdsoft.com
Contact: support@zdsoft.com
