TCL Device End User License Agreement (EULA)
This End User License Agreement (“EULA” or “Agreement”) is a legally binding agreement between you, either an individual or an entity (“End User” or “You”) and TCT Mobile Inc., incorporated under the laws of Delaware (“TCT”) and subsidiary company of TCL Corporation, a Chinese company with headquarter in Huizhou, China (“TCL”). This EULA governs the use of the TCL Device, TCL Software, and related Documentation, as defined hereinafter, distributed by or on behalf of TCT.
Please read the TCT US Privacy Policy https://us.alcatelmobile.com/privacy-policy/ and TCT Canada Privacy Policy https://ca.alcatelmobile.com/privacy-policy/ as applicable, before using any TCL Device or TCL Software.
Whenever this EULA refers to any TCL Device or TCL Software intended to be also used by children under age of (13) thirteen, Children’s Online Privacy Protection Act may apply. Please read the COPPA regulations at the following link https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/childrens-online-privacy-protection-rule. Whenever this EULA refers to any TCL Device or TCL Software intended to be used by children between the age of (13) thirteen to (16) sixteen the provisions set forth in section 1798.120 (c) and (d) of the California Consumer Privacy Act, as they will be finally approved, may apply
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB375
BY USING THE TCL DEVICE AND/OR TCL SOFTWARE YOU ACKNOWLEDGE THAT: (i) YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT; (ii) YOU ACCEPT ALL TERMS OF THIS AGREEMENT AND AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE TO THESE TERMS YOU MAY NOT USE THE TCL DEVICE AND/OR THE TCL SOFTWARE, AND RETURN IT IN ACCORDANCE WITH THE APPLICABLE RETURN POLICY.
1. Definitions:
For the purposes of this EULA the following terms have the following meanings whenever capitalized:
“TCL Device” shall mean TCL phones and features phone, Alcatel phones (including Smartphones), TCL tablets, Alcatel tablets, any TCL and Alcatel devices falling under the category of Internet of Things, where “Internet of Things” describes the computing devices embedded in everyday objects incorporating the interconnection via the Internet, that enable them to send and receive data, including but not limited to hotspot, speakers, smartwatch and trackers.
“TCL Software” shall mean all software developed and implemented by TCL on TCL Device and any related update, upgrade, patches, hotfixes, modules, routines, features enhancement and additional versions of the software that replace or supplement the original software;
“TCL Applications” shall mean any application developed by or on behalf of TCL, that is TCL exclusive Intellectual Property and pre- installed only on TCL Device including but not limited to the following: Setting, Contacts, Messaging, Email.
“Documentation” shall mean any media, printed materials, online or electronic documentation, downloaded sites, notice and quotes associated to the TCL Device and/or TCL Software and/or TCL Applications.
2. License Grant:
Subject to the terms, conditions and restrictions of this EULA, TCT hereby grants you a limited, personal, non-exclusive, non-transferable, non-assignable license, without rights to sublicense, to: (i) use TCL device in strict compliance with the Documentation; (ii) use the TCL Software only on a TCL Device and in strict compliance with the Documentation; (iii) access, download and use on such TCL Device any TCL Application in strict compliance with the Documentation.
3. License Restrictions:
Except as otherwise provided herein or expressly agreed by TCT, you may not, and will not allow a third party to: (i) sell, lease, license, sublicense, assign, distribute, publish, transfer or otherwise make available TCL Software and/or TCL Applications in whole or any features or functionality of them, to any third-party for any reason, including by making the TCL Software and/or TCL Applications available on a network; (ii) copy, reproduce, republish, upload, post or transmit the TCL Software and/or TCL Applications in any way; (iii) decompile, disassemble, decode, reverse engineer, or otherwise attempt to derive source code (or underlying ideas, algorithms, structure or organization) from the TCL Software and/or TCL Applications, in whole or in part; (iv) modify or remove any titles, trademarks or trade names, copyright notices, legends, or other proprietary notices or markings on or in the TCL Software and/or TCL Applications; (v) attack or attempt to undermine the security, integrity, authentication or intended operation of the TCL Software and/or TCL Applications; (vi) modify, translate, adapt or otherwise create derivative works or improvements, based upon the Software; (vii) use the TCL Software and/or TCL Applications to create a competitive offering or to create other software, products or technologies.
4. Rights Reserved:
The TCL Software and TCL Application are licensed under this EULA and NOT SOLD to you. You do not acquire any ownership interest in the TCL Software and TCL Applications other than the use of the TLC Device, TCL Software and TCL Applications in accordance with this Agreement. TCL retains all right, title, and interest in and to the TCL Software and TCL Applications and the Documentation, including copyrights, trade secrets, patents, trademarks, derivative works and any other intellectual property and proprietary rights, including moral rights, registrations, applications, renewals and extensions of such rights (collectively “TCL IP Rights”). The TCL IP Rights are valid and protected in all forms, media and technologies existing now or hereafter developed.
5. Connectivity:
Your TCL Device may require an Internet connection or data plan form a third-party provider in order to use some features. In such cases, your Internet connection or data plan is subject to the fees, restrictions, terms and limitations imposed by your provider.
6. Transferability:
Unless the Documentation further restricts transferability, you have the limited right to transfer TCL Software and TCL Applications on a permanent basis only as part of the sale or transfer of the TCL Device on which the TCL Software and TCL Applications are loaded, provided that: (i) you retain no copies of any version of the TCL Software and TCL Applications; (ii) the transfer includes the most recent update and all prior versions of the TCL Software and/or TCL Applications. The terms of this EULA apply to any transferee.
7. Support and Subscription Services Not Included:
TCT does not provide any maintenance or support services under this EULA. Maintenance and support services, if any, require a new and separate written agreement.
8. Updates:
TCT may from time to time in its sole discretion develop and provide software update and/or applications update, which may include upgrade, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Update may also modify or delete entirely or in part certain features and functionalities. You agree that TCT has no obligation to provide any update or to continue to provide or enable particular features or functionality. Based on TCL Device settings, when your TCL Device is connected to Internet, either:
- You may go through the Settings menu, check if there are any Updates available and download them; or
- You may receive notice of or be prompted to download and install any available Updates.
You shall promptly download and install all Updates and acknowledge and agree that TCL Software and/or TCL Applications or portions of them may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the TCL Software and/or TCL Applications and be subject to all terms and conditions of this EULA.
9.Termination:
This EULA is effective until terminated. Your rights under this EULA will terminate automatically or otherwise cease to be effective without prior notice form TCT if you fail to comply with any term or condition of this EULA. Upon termination of this EULA, you shall cease immediately any use of the TCL Software and TCL Applications. Sections 2,3,4,6,7,8,9,10,11,12,13,14,15,16,17 of this EULA shall survive any such termination.
10. Export – Import and Government Restrictions:
The TCL Device, TCL Software and TCL Applications are subject to U.S. export laws as well as the laws of the country where they are delivered or used. You agree to abide by these laws. Under these laws, TCL Device, TCL Software and TCL Applications may not be sold, leased or transferred to embargoed countries and restricted countries, restricted end-users, or for restricted end-uses under the U.S. Trade Department’s list of Specially Designated Nationals and the U.S. Department of Commerce Denied Person’s List or Entity List or any other restricted party lists.
11. Warranty; Disclaimer of Warranty:
TCT warrants that it has the right to grant the licenses to the TCL Software and TCL Applications. THE TCL DEVICE, TCL SOFTWARE AND TCL APPLICATIONS ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TCT DISCLAIMS ALL WARRANTIES RELATED TO THE TCL DEVICE, THE TCL SOFTWARE, THE TCL APPLICATIONS, AND YOU WILL NOT RECEIVE ANY OTHER WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND TCT SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TCT DOES NOT WARRANT THAT THE FUNCTIONS OF THE TCL DEVICE AND/OR TCL SOFTWARE AND/OR TCL APPLICATIONS WILL MEET YOUR REQUIREMENTS OR THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE TCL DEVICE AND TCL SOFTWARE AND TCL APPLICATIONS AND THE RESULTS ACHIEVED. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE DATE OF DELIVERY OF THE SOFTWARE (UNLESS LOCAL LAW PROVIDES OTHERWISE).
12. Limitation of Liability:
TO THE EXTEND NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL TCT OR ITS AFFILIATES HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE TCL DEVICE, TCL SOFTWARE AND TCL APPLICATIONS FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, LOST SAVINGS, LOST VALUE OR LOST SALES, LOST OF DATA, LOSS OF USE OF SYSTEM(S) OR NETWORK(S), OR THE RECOVERY OF SUCH DATA, SYSTEMS(S) OR NETWORK(S), LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION OR DOWNTIME, LOSS OF GOODWILL OR REPUTATION, SOFTWARE NOT BEING AVAILABLE FOR USE OR THE PROCUREMENT OF SUBSTITUTE SOFTWARE OR GOODS, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS EULA UNDER ANY THEORY OF LIABILITY EVEN IF ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
Insofar as applicable law prohibits any limitation on liability herein, the parties agree that such limitation will be automatically modified, but only to the extent required to make the limitation compliant with applicable law.
13. Open Source and Third- Party Software:
The TCL Software may come bundled or otherwise be distributed with open source or other third- party software, which is solely subject to the terms and conditions of the specific license under which it is distributed (“Separately Licensed Software”). SEPARATELY LICENSED SOFTWARE IS PROVIDED BY TCT “AS IS” WITHOUT ANY WARRANTY, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS EULA, AS IT RELATES TO ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH SEPARATELY LICENSED SOFTWARE, TCT SHALL HAVE NO LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF SEPARATELY LICENSED SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. Indemnification:
You agree to indemnify, defend, and hold harmless TCT from and against any losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interests, penalties, fines, costs or expenses including reasonable attorney’s fees, arising from or related to your use or misuse of the TCL Device, TCL Software and TCL Applications or any your breach of this Agreement.
15. Governing Law and Dispute Resolution:
This Agreement and any related claims, that may arise out of its interpretation or execution shall be governed and construed in accordance with the laws of the State of California regardless any principle of conflict of law and exclusive of any provision of the United Nations Convention on the International Sale of Goods. You acknowledge and agree that the provisions of the Uniform Computer Information Transactions Act (“UCITA”), as it may have been or hereafter may be in effect in any jurisdiction, shall not apply to this EULA, with consequent waiver of any and all rights they may arise under any laws(s) adopting UCITA in any form.
In the event of any claim, dispute, controversy arising out of, or related to this Agreement or the TCL Device or TCL Software or TCL Applications, the parties will make any effort to reach in good faith an amicable solution. In the event that parties are unable to resolve such dispute within 30 (thirty) days from the communication of the complaint to the other party, then either party may initiate a legal suit before the competent courts of the State of California.
16. Severability:
If any term, or part thereof, of this EULA is found to be invalid or unenforceable under applicable law, the remaining provisions (including other valid parts within the effected term) will remain effective and will be amended to obtain as closely as possible the effect of the original term. However, if any fundamental term or provision of this Agreement is invalid, illegal or unenforceable, the remainder of this Agreement shall eb unenforceable.
17. No Waiver:
No waiver of breach or failure to exercise any option, right, or privilege under the terms of this EULA on any occasion by TCT shall be construed to be a waiver of a subsequent breach or right to exercise any option, right, or privilege.
18. Entire Agreement:
This EULA and our Privacy Policies (https://us.alcatelmobile.com/privacy-policy/ and https://ca.alcatelmobile.com/privacy-policy) constitute the entire, complete and exclusive agreement between you and TCT with respect to TCL Device, TCL Software and TCL Applications, and supersedes all prior written or oral agreements, warranties or representations with respect to use of the TCL Device, TCL Software and TCL Applications. You acknowledge that you have read this EULA, that you understand it, that you agree to be bound by its terms.