ZD Screen Recorder SDK End User License Agreement (EULA)
In order to use ZD Screen Recorder SDK (Software Development Kit) ("the SDK") to develop your application, you should read and comply with the "ZD Screen Recorder SDK End User License Agreement (EULA)" ("this Agreement"). This Agreement is an agreement between you and ZD Soft regarding your downloading, installation and use of the SDK to develop your application. "ZD Soft" or "we" refers to Shenzhen ZD Soft Co., Ltd.; "you" or "user" refers to the individual or company or single legal entity that gets the SDK through the channels provided and/or authorized by ZD Soft. Please be sure to carefully read and fully understand the contents of each clause, especially the clauses that exempt or limit the liability of ZD Soft, the clauses that restrict the rights of users, and the clauses that agree on dispute resolution methods and jurisdiction. Unless you have carefully read, fully understood and accepted all terms of this Agreement, you are not authorized to download, install or use the SDK and/or related services. If you click "Agree", "Next" or your download, installation, use, etc., or your acceptance of this Agreement in any other express or implied manner, it is deemed that you have read and agreed to be bound by this Agreement. This Agreement will have legal effect between you and ZD Soft, and become a legal document binding on both parties.
If you accept these terms on behalf of another person or company or other legal entity, you represent and warrant that you have the full authority of that person or company or legal entity to comply with all terms of this Agreement.
Your conclusion or performance of this Agreement and the use of the SDK must also comply with the laws of the country or region you belong to and/or are located in.
1. INTELLECTUAL PROPERTY STATEMENT
1.1. The SDK is a software development kit developed by ZD Soft and authorizes users to download, install and use in accordance with this Agreement. Copyright, trademark, patent, trade secret and other intellectual property rights of the SDK, and all contents related to the SDK (including but not limited to object code, source code, script, text, picture, animation, audio, video, chart, Interface design, layout framework, relevant data or electronic documents, etc.) are protected by laws and regulations and corresponding international treaties, and ZD Soft owns the above-mentioned relevant intellectual property rights in accordance with the law, except for the rights that the relevant rights holders should own in accordance with the law.
2. TRIAL LICENSE
2.1. From the date you download, install, and use the SDK, ZD Soft grants you a worldwide, non-exclusive, royalty-free, terminable, non-transferable license for:
2.1.1. Copy the SDK to an unlimited number of computers of yours or your company, and call the application programming interface ("API") provided by the SDK in the form of a dynamic link library ("DLL"), which is only used to test and evaluate the functions of the SDK. A non-removable watermark logo of ZD Soft will be added to the processed videos and pictures, and the developed applications shall not be provided to any third party for any purpose (especially commercial purposes) in any way.
3. COMMERCIAL LICENSE
3.1. From the date of your purchase of the commercial license of the SDK, ZD Soft grants you a worldwide, non-exclusive, royalty-free, terminable, non-transferable license to:
3.1.1. Copy the SDK to an unlimited number of computers of yours or your company, call the application programming interface ("API") provided by the SDK in the form of a dynamic link library ("DLL"), and use it to develop your applications with unlimited number of projects simultaneously.
3.1.2. Copying and distributing your application containing the redistributable components of the SDK to unlimited number of end users. Your application can be used for commercial purposes and ZD Soft will not charge additional royalties for this.
3.1.3. The SDK redistributable components include files in all subfolders under the "ScnLib\bin" and "ScnLib\ocx" folders in the SDK package. All files other than the redistributable components in the SDK package are not redistributable.
3.1.4. You are only allowed to use the SDK to develop non-SDK applications. This means that you are not allowed to use the SDK to develop SDKs, APIs, ActiveX controls, components, plug-ins, libraries, etc. that enable third parties to indirectly call the functions of the SDK programmatically.
4. OTHER RIGHTS
4.1. All other rights not expressly authorized in this Agreement are still owned by ZD Soft, and you must obtain the written consent of ZD Soft when using other rights.
5. RESTRICTIONS OF USE - You shall not
5.1. Remove, minimize, block or modify any information in the SDK, such as copyright notices, trademarks, logos, watermarks, URLs, etc.
5.2. Reverse engineer, disassemble, decompile, or otherwise attempt to restore the source code of the SDK.
5.3. Break any technical restrictions in the SDK that only allow users to use the SDK in a specific way.
5.4. Use a crack program or an illegally obtained license key of the SDK (also known as "registration code", "activation code", "serial number", etc.) to activate full version of the SDK.
5.5. Publish, distribute, share, lend, rent or sell license keys of the SDK to any third party.
5.6. Bundle, package or extend the SDK, and make it available to any third party in any way for any purpose.
5.7. Use the SDK to create malicious programs such as viruses, worms, Trojans, spyware, and any other programs that violate laws and regulations.
5.8. Interfere with the SDK and its components, modules, data, etc. by yourself, authorizing others or using third-party software.
5.9. Take any other actions that may affect or interfere with the normal operation of the SDK.
6. GET THE SDK
6.1. You can get the SDK directly from the official website of ZD Soft or from a third party authorized by ZD Soft.
6.2. If you get the SDK or an installation program with the same name as the SDK from a third party not authorized by ZD Soft, ZD Soft does not guarantee that the SDK can be used normally, and will not be responsible for any loss caused to you.
7. INSTALL AND UNINSTALL
7.1. ZD Soft may develop different SDK versions for different devices and systems, and you should select the appropriate version for installation according to the actual situation.
7.2. If the SDK provides an installation program, you need to follow the steps prompted by the program to complete the installation correctly.
7.3. If the SDK provides a compressed file package, you can use it directly after decompressing it yourself.
7.4. If you no longer need to use the SDK or need to install a new version of the SDK, you can uninstall or delete the SDK at any time.
8. UPGRADES AND UPDATES
8.1. An "upgrade" of the SDK is a version of the SDK that has major changes or improvements compared to the previous version.
8.2. An "update" of the SDK is a version of the SDK that has minor changes or improvements compared to the previous version, such as bug fixes.
8.3. ZD Soft does not guarantee to provide updates for earlier versions of the SDK, nor does it guarantee the usability and compatibility of earlier versions of the SDK on new devices, operating systems and browsers that appear after their release.
8.4. Before installing and using any upgrade or update of the SDK, you should make a backup copy of the current version of the SDK. If you are not satisfied with the SDK after the upgrade or update, you can restore the SDK to the previous version.
8.5. ZD Soft provides any upgrades or updates at its sole discretion, and you also determine whether to get and install upgrades or updates at your sole discretion. ZD Soft does not assume any responsibility for any loss to you caused by the difference before and after you upgrade or update the SDK.
9. TECHNICAL SUPPORT
9.1. ZD Soft provides you with free pre-sales advice and free after-sales technical support services through email or instant messaging tools for up to one year from the date you purchase the commercial license of the SDK. After one year, you can choose to pay the corresponding fee to ZD Soft to extend the technical support service period.
9.2. ZD Soft only provides technical support services in Chinese and English.
10.1. The trial license provided by ZD Soft enables you to download and try the SDK for free before purchasing a commercial license. The free trial version of the SDK is fully functional and you can test each API to make sure the SDK meets your requirements. Once you decide to purchase a commercial license for the SDK, it shall be deemed that you have completed the comprehensive testing of the SDK and confirmed that the SDK meets all your requirements, so you have no good reason to ask for a refund.
10.2. ZD Soft cannot control the copying and distribution of the applications you develop using the SDK, and cannot ensure that all copies of the SDK redistributable components that have been copied and distributed can be deleted, so ZD Soft does not accept refunds.
11. USER PERSONAL INFORMATION PROTECTION
11.2. ZD Soft will not transfer or disclose your personal information to any third party unless:
11.2.1. Relevant laws and regulations or legal requirements of judicial or administrative agencies; or
11.2.2. To complete a merger, division, acquisition or transfer of assets; or
11.2.3. necessary to provide the service you have requested; or
12. LEGAL LIABILITY
12.1. The use of the SDK to develop your application is at your own risk. ZD Soft does not make any type of guarantee for the SDK, whether express, implied or statutory warranties and conditions, including but not limited to the express or implied warranties and conditions of merchantability, fitness for a particular purpose, no negligence or technical flaws, title and non-infringement. For direct, indirect, incidental, special and consequential damages and risks (including but not limited to loss of business profits, business interruption, loss of business information or any other monetary loss) arising from the application you developed by using the SDK under any circumstances, ZD Soft assumes no responsibility, even if ZD Soft is aware of the possibility of such damages.
12.2. If you violate the laws and regulations and/or this Agreement, ZD Soft has the right to take measures including but not limited to terminating your license of the SDK, stopping the provision of services, and pursuing legal responsibility, and you shall be responsible for the losses caused thereby.
12.3. If the application you developed by using the SDK results in infringement of third-party rights or damage to third parties, you shall be solely responsible, and ZD Soft shall not be liable.
12.4. To the extent permitted by law, ZD Soft is not responsible for any loss caused by the following circumstances:
12.4.1. Encounter force majeure, including but not limited to natural disasters such as floods, earthquakes, plagues and storms, and social events such as wars, turmoil, government actions, etc.
12.4.2. User or ZD Soft is affected by computer viruses, Trojans or other malicious programs, or hacker attacks.
12.4.3. User device hardware, software, system, network or power failure or compatibility issues.
12.4.4. Improper operation by the user or the use of the SDK by the user in a way not authorized by ZD Soft.
12.4.5. Other circumstances beyond the control or reasonably foreseeable by ZD Soft.
13. THIRD-PARTY SOFTWARE OR TECHNOLOGY
13.1. The SDK may inevitably use third-party software or technology (including open source code and public domain code that may be used by this software, etc.). ZD Soft claims that third-party software or technology is provided on an ¡°as is¡± basis without warranty of any kind.
13.2. If the SDK uses third-party software or technology, ZD Soft will display relevant agreements or other documents in accordance with relevant regulations or agreements, possibly through the attachments to this Agreement, packaging in specific folders of the SDK installation package, etc., they may be expressed in terms of "Software License Agreement", "License Agreement", "Open Source Code License" or other forms.
13.3. The aforementioned relevant agreements or other documents presented in various forms are an integral part of this Agreement and have the same legal effect as this Agreement, and you should comply with these requirements. If you fail to comply with these requirements, the third party or state authority may sue, impose fines or take other sanction measures against you, and require ZD Soft to provide assistance, and you shall bear the corresponding legal responsibilities.
14. THE TERM
14.1. This Agreement is effective from the date you download, install or use the SDK.
14.2. This Agreement terminates on the date you uninstall or delete the SDK and all copies and distributions of the SDK redistributable components.
14.3. Even if this Agreement has been terminated, the commercial license key of the SDK you bought is still valid when you download, install or use the SDK to develop your application again, unless your violation of laws and regulations and/or this Agreement causes the SDK license to be terminated by ZD Soft.
15. GENERAL PROVISIONS
15.1. Your use of the SDK shall be deemed that you have read this Agreement and are bound by this Agreement. ZD Soft reserves the right to modify the terms of this Agreement without prior notice when necessary. You can check the latest version of the terms of this Agreement on the relevant pages of ZD Soft website. After the terms of this Agreement are changed, if you continue to use the SDK or services provided by ZD Soft, it is deemed that you have accepted the changed agreement.
15.2. This Agreement is signed in Nanshan District, Shenzhen, Guangdong, China.
15.3. The establishment, entry into force, performance, interpretation and dispute resolution of this Agreement shall be governed by the laws of the mainland China.
15.4. If there is any dispute between you and ZD Soft, it should be settled through friendly negotiation first; if the negotiation fails, you agree to submit the dispute to the court with jurisdiction in the place where this Agreement is signed.
15.5. If the terms of this Agreement are partially invalid or unenforceable for any reason, the remaining terms shall remain valid and binding on both parties.
15.6. If this Agreement has multiple language versions such as Chinese and English, and the corresponding content is inconsistent, the content of the Chinese version shall prevail.
15.7. ZD Soft reserves the right of final interpretation of this Agreement.