EULA

1. Installation

Users can install the KDAN Products on various supported operating systems via the KDAN official website, KDAN Creative Store, application platforms such as Microsoft Store, Google Play Store, App Store, etc., or other third-party sales channels free of charge. The installation process may require agreeing to additional third-party platform terms and ensuring that your system and device meet the minimum technical specifications and compatibility requirements.

2. Free trial

KDAN Products with paid features offer a free trial. Users can install them via the KDAN official website and third-party platforms listed under Section 1 free of charge and apply for a free trial. During the free trial period, Users can access all features provided by the respective KDAN Products (including free and paid features).

The free trial mechanism is divided according to the following KDAN Products licensing types:

(1) Subscription Model

Users may apply for a free trial of subscription products through the KDAN official website, KDAN Creative Store, or application platforms (e.g., Microsoft Store, Google Play Store, App Store) with KDAN membership or accounts of the application platforms.

When the free trial expires, it will automatically convert to a paid subscription model, allowing Users to continue using the subscription-based product. If Users do not wish to continue the subscription, Users must manually cancel the subscription before the expiration of the free trial. Otherwise, KDAN will continue to charge according to the bound payment mechanism.

(2) Perpetual License Model

Users can apply for or redeem the "Perpetual License Free Trial Program" for certain KDAN Products through the KDAN Creative Store, allowing them to use and experience the paid features of the KDAN Products' perpetual license plan.

When the "Perpetual License Free Trial Program" expires, if the KDAN Products offers free features, it will automatically downgrade to the free version, allowing Users to continue using the services provided by the free version. If the KDAN Products only offer paid features, Users will no longer be able to use the KDAN Products.

3. Authorization

Users must obtain or download KDAN Products through those legal channels which have also been authorized by KDAN. Some KDAN Products do not require registration as a KDAN member to use the services included in the KDAN Products, while other KDAN Products require membership registration to use the services included in the KDAN Products.

The KDAN Products licensing types are divided as follows:

(1) Subscription Model

For subscription products (hereinafter referred to as "Subscription Products"), Users can install and use the Subscription Products only on the permitted number of compatible devices during the license period.

To continue accessing Subscription Products, ou shall ensure:

A. The Subscription Products will be bound to your KDAN membership account, and the Subscription Products will periodically connect to the internet to activate and verify the license with your KDAN membership account.

B. KDAN, authorized resellers, or third-party platforms receive regular subscription payments from you.

C. You must agree to the Terms of Service and other terms, which can be viewed at https://www.kdandoc.com/en/terms-of-service.

If KDAN does not receive regular subscription payments or is unable to periodically verify the license, the paid features will no longer be available without further notice.

(2) Perpetual License Model

For products which are applied to a perpetual license model (hereinafter referred to as "Perpetual License Products"), Users need to purchase a license individually to install and activate the Perpetual License Products on the specified operating system. Even though Perpetual License Products offer versions for two operating systems – MAC and Windows, each version is designed for a different operating system. Therefore Users must purchase them individually.

The Perpetual License Products sold by KDAN are mainly divided into the following two types:

A. License Key :

This license will be bound to the User's device, and Users are only allowed to install and activate it on the quantity of compatible devices for which Users have purchased licenses. If Users wish to install and activate the product on two or more devices, Users can purchase multiple licenses to increase the permitted quantities of licenses.

B. Third-Party Platform License:

This license will be bound to the third-party platform account of Users, and Users can only install and activate it on the permitted quantity of compatible devices.

Some Perpetual License Products with License Key offer volume license management services; these services will be activated and verified through the KDAN membership account and periodic internet connection. Users must complete the KDAN membership registration to activate the volume license management services included with the Perpetual License Products.

If Users encounter any issues during the activation process of Subscription Products or Perpetual License Products, Users can contact KDAN’s customer service for support.

4. License Restriction

KDAN Products are protected by laws, including but not limited to copyright laws applied in Taiwan, the United States, and other countries, as well as all international treaties. Unless expressly provided in this Agreement, Users are not granted any intellectual property rights to KDAN Products. Without prior explicit written consent from KDAN, Users may not make any public statements regarding KDAN or KDAN Products.

Users may, upon obtaining prior written authorization from KDAN, develop kits appropriately and use them in software based on Open System Interconnection protocols for their personal or legitimate business needs. If Users are not authorized by KDAN, Users shall be borne to any legal responsibilities, including but not limited to any losses or damages caused to any third party.

The services provided by KDAN are solely to license Users the right to use the KDAN Products, rather than to sell the ownership of the KDAN Products to Users. The following are prohibited actions that are not authorized in the license:

A. To modify, sublicense, rent, or lend all or any part of the licensed product content;

B. To create any derivative works from all or any part of the licensed product or documents, and reverse engineer, decompile, or otherwise attempt to discover the original source code of the licensed product;

C. To delete or obscure KDAN's copyright or trademark notices, or any copyright and trademark notices of any third parties already included in the product or product documentation; and/or

D. To use the licensed product in any illegal or unauthorized manner not permitted by this Agreement.

5. Updates of Products and Limited Warranty

KDAN Products will be updated periodically to improve those functions they provided or fix errors. Users can obtain functional updates or error fixes for KDAN Products by updating them to the latest version.

KDAN may modify, update, or terminate any services provided by KDAN Products (including any parts or features therein) at any time without any liability to you or others. However, for changes to the paid features of KDAN Products, KDAN will notify you in advance within a reasonable period. If KDAN terminates the service, KDAN will also use reasonable commercial methods to allow you a reasonable time to transfer your content.

Perpetual License Products provide technical support and security updates for a certain period, but you will not receive any new features for KDAN Products, nor will you be able to upgrade KDAN Products to main versions. If you intend to upgrade to the next main version, you must purchase software at its full price.

After the services provided by KDAN Products are modified, updated, or terminated, KDAN will no longer provide technical support and security updates. Please note that the cessation of technical support and security updates will not affect the use of KDAN Products, but application compatibility (e.g., hardware, operating system compatibility) may be affected.

6 Data Usage

KDAN may collect and use your data for some certain purposes, such as providing services or software updates, technical support, product fixes, and marketing promotions. All data processing complies with our privacy policy. Personal data provided by Users to KDAN, as well as any data obtained by KDAN due to Users' use of KDAN’s websites or KDAN services, are governed by the KDAN Privacy Policy and are protected under the KDAN Information Security Policy to ensure the security of Users' information.

KDAN Privacy Policy: https://www.kdandoc.com/en/privacy-policy

KDAN Information Security Policy: https://www.kdandoc.com/en/security

7. Use of Products

Users warrant that they will not use any of KDAN's services or KDAN Products for the following improper purposes:

A. Uploading, downloading, posting, emailing, transmitting, storing, sharing, importing, or otherwise making available any content that is illegal, harassing, threatening, harmful, infringing, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of others' privacy, hateful, racially discriminatory, or otherwise inappropriate;

B. Stalking, harassing, threatening, or harming others;

C. Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with any person or entity (KDAN reserves the right to reject or block any account or email address that may be deemed to impersonate or misrepresent identity or to misappropriate another person’s name or identity);

D. Transmitting, distributing, or otherwise making available any unsolicited or unauthorized emails, advertisements, promotional materials, junk mail, or chain letters, including but not limited to mass commercial advertising and informational announcements;

E. Uploading, emailing, transmitting, or otherwise making available any data containing viruses or any other computer code, files, or programs designed to harm, interfere with, or limit the normal operation of KDAN Products or services (or any part thereof) or any other computer software or hardware; and/or

F. Collecting and storing personal information of any other Users of KDAN services for the purpose of engaging in any of the prohibited activities mentioned above.

8. KDAN AI

KDAN AI uses the technology provided in part by OpenAI, LLC (hereinafter referred to as "OpenAI") and Azure AI, and strictly adheres to OpenAI and Microsoft's policies. We commit to complying with the relevant policies of OpenAI and Microsoft, including but not limited to content policies, sharing and publishing policies, and community guidelines. You must not violate any OpenAI and Microsoft policies while using KDAN AI, including but not limited to their content policy, sharing and publication policy, and community guidelines.

When using KDAN AI services, you should understand and agree to the following:

(1) Services

While using KDAN AI Services, you may provide the input to the KDAN AI Services and receive output from the KDAN AI Services corresponding to the input. Please note that you are fully responsible for the input and the usage of the output(hereinafter referred to as the "Content"), including but not limited to ensuring that the Content does not violate any applicable laws, or ensuring that the Content and the usage of the KDAN AI Services will not infringe upon any third party rights.

Please note that due to the evolving nature of AI technology, the availability, content, pricing, and other aspects of the features provided by KDAN AI services may change in future versions.

(2) Limitation

A. You may not use the KDAN AI service in a way that infringes, misappropriates, or violates any person's rights.

B. You may not reverse engineer, decompile, disassemble, translate, or otherwise attempt to discover the source code or underlying components of the service's models, algorithms, and systems (unless such restrictions violate applicable law).

C. You may not use KDAN AI to create, train, test, or develop any machine learning algorithms, artificial intelligence systems, or any behavior or business that competes with KDAN.

D. Unless permitted through APIs, You may not use any automated or programmatic method to extract data or output from the service, including scraping, web harvesting, or web data extraction.

E. You may not represent the output of the service as being generated by a human.

(3) Responsibility

A. You shall be borne to any content you have used. KDAN AI Services will strive to provide the best possible results; however, the output generated by AI technology may contain inaccuracies, harmful content, or biases. We cannot be held responsible for any content or errors resulting from the usage of KDAN AI Services.

B. You must ensure that your usage complies with all applicable laws and does not infringe upon any third-party rights.

(4) Similarity

The output generated by the KDAN AI service may not be unique, and other Users may obtain similar or identical outputs. This output will not be protected by intellectual property rights.

(5) Feedback

If you provide any feedback, including but not limited to opinions, ideas, suggestions, and improvement recommendations, KDAN may use such feedback for marketing purposes or product improvements.

(6) Storage and Usage

To ensure the normal operation of KDAN AI functions and improve the quality of KDAN AI Services, KDAN would temporarily store the input data provided by Users. We promise not to utilize Users' personal data for AI data training or any other commercial purposes.

9. Intellectual Property Right

Users retain copyrights of the works created by using KDAN Products or uploaded or stored on KDAN’s Cloud Storage Space or KDAN CLOUD. However, Users agree to grant KDAN a non-exclusive, perpetual, unlimited, royalty-free, and worldwide right to display, copy, reproduce, post and distribute for marketing purposes (including the right to make minor modifications for technical or editorial reasons).

Users understand and agree that once any file has been uploaded or stored by using KDAN Products, Users have the option to choose whether to make such a file public. If Users choose to make the file public, Users shall be deemed as agreeing to grant any User of KDAN Products a non-exclusive and royalty-free right to download, copy, and modify such file, or to make derivative works and upload such derivative works to KDAN Services (e.g. My MarkUps and NoteTube) for non-commercial purposes.

Users represent and warrant that, by using KDAN Products, the contents of files created, uploaded or stored on KDAN’s Cloud Storage Space or KDAN CLOUD are:

A. owned by Users, or in the event where they are owned by a third party, Users have obtained such party’s express permission to use, copy, and transmit the files, or to modify and make derivative works of the files;

B. not in violation of any copyright, trademark, trade secret or other intellectual property rights;

C. not in violation of the privacy or any right of a third party; and

D. not in violation of the law (e.g. obscene, offensive content, etc.), and not in violation of trade secrets or confidential information under an employment agreement or non-disclosure agreement, or involve any situation that may give rise to a violation of law or applicable regulations or policies.

10. Disclaimer of Warranties

KDAN does not warrant that the use of KDAN Products will be uninterrupted or error-free, and Users agree that from time to time KDAN may remove services for indefinite periods of time or cancel services in accordance with the terms of this Agreement.

Users expressly understand and agree that KDAN Products are provided on an “as is’ and ‘as available’ basis. KDAN and its branches, subsidiaries, managers, directors, employees, agents, partners or licensors expressly disclaim all warranties of any kind, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement of rights of others. In particular, KDAN and its branches, subsidiaries, managers, directors, employees, agents, partners or licensors do not warrant that (i) KDAN Products will meet your requirements; (ii) the use of KDAN Products will be timely, uninterrupted, secure, or error-free; (iii) any information obtained by User from KDAN Products will be accurate or reliable, and (iv) any defects or errors in the software provided to User as part of KDAN Products will be corrected.

KDAN does not represent or warrant that the services provided by KDAN Products will be free from loss, attack, viruses, interference, hacking or other security intrusions, and KDAN disclaims any liability relating thereto.

Any material downloaded or otherwise obtained through the use of the services provided by KDAN Products is accessed at Users’ own discretion and risk, and Users shall be solely and fully responsible for any damage to Users’ hard drive or loss of computer data that results from the download of any such material. Users also acknowledge that the services provided by KDAN Products are not intended to be suitable for use in Users’ situation or environment, and if the data or information provided by the services provided by KDAN Products are delayed, erroneous or inaccurate in content, it is possible to cause shutdown, personal injury, or severe physical or environmental damage.

11. Limitation of Liability

To the fullest extent permissible by law, in no event shall KDAN, its branches, subsidiaries, directors, managers, employees, agents, partners, collaborators or licensors be liable to Users for any direct, indirect, contingent, specific or consequential damages, including without limitations, the costs arising from use, data, business, goodwill or profits, or procurement of substitute goods or services, or other tangible or intangible losses, which may result from the manipulation of User or a third party, whether it is legally grounded or not, or whether KDAN has been informed of the possibility of the said damages, and whether Users may not be entitled to seek damages thereafter. KDAN’s total amount of compensation arising out of or in relation to this Agreement shall be subject to a limit of within [3] months prior to the incurrence of the damages, [100 ]% of the amount paid by Users for using the relevant services provided by KDAN Products.

12. Compensation

Users agree to defend, indemnify and hold KDAN, its branches, subsidiaries, directors, managers, employees, agents, partners, collaborators, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, relating to or arising from:

A. User’s upload, post, transmission of any content, or any other activity available through services provided by KDAN Products;

B. the use of services provided by KDAN Products;

C. Users’ breach of this Agreement;

D. any action taken by KDAN as part of its investigation, or suspicion that breach of this Agreement has occurred, or

E. breach of any rights of any third party,

F. Users’ breach of the representations or warranties in this Agreement.

Users shall not sue KDAN, its branches, subsidiaries, directors, officers, employees, agents, partners, collaborators, and licensors on the ground of KDAN’s decision to remove any information or reject processing of any information or content, to send warnings to Users, to suspend or terminate Users’ access to services provided by KDAN Products, or to take any other action during the investigation of a suspected breach or as a result of KDAN’s conclusion that breach of this Agreement has occurred. Users acknowledge that Users shall be responsible for all the use of services provided by KDAN Products, and that this Agreement applies to any and all usage of Users’ account.

Users agree to comply with this Agreement and to defend, indemnify and hold KDAN harmless from and against any and all claims and demands arising from using services provided by KDAN Products or KDAN accounts, whether or not such use is manipulated by Users or a third party.

The foregoing obligations shall survive and remain effective after the termination or expiration of this Agreement or upon Users’ cancellation of subscription.

13. Modifications

KDAN reserves the right to amend, adjust or modify this Agreement, service, price at any time, along with the right to add new or additional terms or conditions regarding KDAN Products or services provided by KDAN Products. Users agree that Users are responsible for reviewing this Agreement on a regular basis. By continuing the use of services provided by KDAN Products, Users are deemed to accept the updated Agreement. If Users do not consent to the updated Agreement, please cease using KDAN Products or services provided by KDAN Products.

In the event of Users’ breach of this Agreement, incurrence of any damages or losses in relation to KDAN Products or services provided by KDAN Products, or any situation where KDAN deems necessary, KDAN may terminate KDAN Products, services provided by KDAN Products or subscription without prejudice to its other entitled rights. KDAN shall not be liable for any consequential damages of Users or a third party that may arise from its termination of account and/or cancellation of subscription.

Upon termination of Users’ account, Users will lose all access to KDAN Products and services provided by KDAN Products, including without limitations, the account, user name, email account, and contents therein.

Since KDAN Products and services provided by KDAN Products share one single KDAN account, once a KDAN account is deleted by Users, no KDAN Products or services provided by KDAN Products will be available through the account.

When this Agreement is updated, we will forthwith publish the updated version on KDAN’s website, and notify Users via a KDAN App or email as soon as possible.

14. Governing Law and Dispute Resolution

This Agreement and the relationship between KDAN and Users shall be governed by and construed in accordance with the laws of Taiwan, the Republic of China (R.O.C.), excluding conflict of laws principles. In the event of a dispute arising from use of services provided by KDAN Products, Users agree to submit to the jurisdiction of the Taiwan Taipei District Court.

15. Language and Translations

KDAN may provide certain translated versions of this EULA for international Users. If there is a discrepancy between the translation version and the Traditional Chinese version, the Traditional Chinese version shall prevail.