Parties to the Agreement: Developer (Astraeus, hereinafter referred to as the "Licensor"); User of SmartDolphinVPN (hereinafter referred to as the "Licensee")
Legal Basis: This Agreement is formulated in accordance with the UN Charter, WIPO Convention, TRIPS Agreement and universally accepted international norms on intellectual property protection, computer software use and data security. The conclusion, entry into force, interpretation, performance and dispute resolution of this Agreement shall be governed by the currently effective laws of the country/region where the Licensee is located. If the country/region has not acceded to the aforementioned international conventions, or if local laws conflict with international norms, the substantive laws of the Licensee's country/region shall prevail.
Core Covenant: The Licensee shall only have the temporary, limited and non-exclusive right to use the Software solely for the study and research of computer network technology, and shall have no other rights beyond the statutory provisions and the covenants of this Agreement. The Licensor shall have the complete and exclusive right to interpret and decide on the development, operation, modification of the Software and the formulation and change of the terms of this Agreement. The Licensee's contact with the Software in any form shall be deemed as unconditionally acknowledging and abiding by all terms of this Agreement. In case of disagreement, the Licensee shall immediately cease all operations and completely destroy all relevant content of the Software in accordance with the Agreement.
The Software is provided to the Licensee solely as a temporary tool for the study and research of computer network technology. The Licensee shall only have the temporary, limited right to use the Software for non-commercial purposes on a single personal device, which is non-transferable, non-licensable and non-heritable within 24 hours from the time of acquiring the relevant files of the Software in any form (including but not limited to download, cache, offline transmission, installation, replication and receipt). The Licensee shall have no other rights beyond the aforesaid scope. Without the express written permission with the Licensor's valid signature and seal, the Licensee shall not engage in any use beyond the covenants of this clause.
The Licensee covenants that within 24 hours from the time of acquiring the relevant files of the Software in any form, regardless of whether the use is completed or the Software functions normally, the Licensee shall voluntarily, completely and irrecoverably destroy all relevant content of the Software, including but not limited to installation packages, installation files, running cache, registry information, local data, derivative files and relevant content stored in all storage media (including local devices, cloud disks, mobile storage devices, etc.), ensuring that there is no recoverable residual file or data. Failure to destroy the Software as required within the time limit shall be deemed as an automatic waiver of the right to use the Software and a serious breach of this Agreement.
Retention and backup in any form are prohibited: The Licensee shall not back up or retain any content of the Software (including but not limited to source code, compiled files, core algorithms, interface design, data information, functional logic, etc.) by any means, including but not limited to electronic storage, cloud synchronization, mobile media copying, paper transcription, written record, binary handwriting, photographing, video recording, oral retention, memory reproduction and all other forms. Upon the expiration of the 24-hour time limit, the Licensee shall ensure that neither the Licensee nor any third party can obtain any relevant content of the Software.
The Licensee may only use the Software on a single terminal device legally owned and actually controlled by the Licensee, and shall not use the Software for any non-study and research scenarios including but not limited to multi-device sharing, server deployment, network dissemination, commercial operation, profit-making activities, offline/online resale, etc. The Licensee shall not transfer, lease, sell or donate the right to use the Software to any third party, nor provide software use or operation services for any third party by virtue of the Software.
The Licensee shall have no right to copy, modify, compile, decompile, reverse engineer, crack or tamper with the Software in any form, nor extract, use or disseminate any content of the Software. The Licensee shall have no right to conduct secondary development, derivative production, separate release or dissemination promotion of the Software, nor use any non-official version of the Software tampered or cracked by a third party, nor provide channels for the dissemination, download, installation or receipt of non-official versions.
The Licensor has the right to modify, update, suspend or terminate all or part of the functions of the Software at any time according to its own will, and adjust the Software use rules and restrict the use scenarios without prior notice to the Licensee. All the aforesaid adjustments shall take effect immediately upon release.
The Licensor has the right to formulate, change, supplement or delete the terms of this Agreement at any time. The modified terms shall be published through in-Software announcements and official release channels, and shall take effect for all Licensees immediately upon publication. The Licensee's continued contact with or use of the Software shall be deemed as an acknowledgment of the modified terms.
The Licensor has the right to monitor and audit the Licensee's acts of contacting, using and retaining the Software at any time. In case the Licensor finds that the Licensee uses the Software beyond the scope of study and research, fails to destroy the Software within the time limit, retains or backs up the Software in any form or violates any covenant of this Agreement, the Licensor has the right to unilaterally take measures including but not limited to restricting use, suspending functions, recovering the right to use, blocking devices and pursuing liabilities without explaining the reasons or bearing any liabilities to the Licensee.
The Licensor is not required to provide any form of technical support, fault repair, usage guidance, version update, problem feedback handling and other services for the Licensee, and has the right to independently decide whether to provide the aforesaid services and terminate the services at any time. The Licensor makes no express or implied warranty on the stability, availability, security and functionality of the Software.
All acts of the Licensee in contacting or using the Software in any form are voluntary acts of the Licensee, who shall independently judge the legality and rationality of such acts. The Licensee shall independently bear all consequences including but not limited to all legal disputes, civil compensation, administrative penalties and criminal liabilities arising from contacting, using, holding, failing to destroy the Software within the time limit or retaining/backing up the Software in any form (including but not limited to using the Software beyond the scope of study and research, illegal use, transcribing/recording relevant content of the Software, etc.), which shall have no connection with the Licensor. If the Licensor suffers losses (including direct losses, indirect losses, attorney fees, litigation fees, property preservation fees, travel expenses for rights protection and all other costs of rights protection) due to the aforesaid acts of the Licensee, the Licensee shall compensate the Licensor in full.
The Licensee shall ensure that in contacting and using the Software, it strictly abides by the currently effective laws, administrative rules and relevant policies of the country/region where it is located, does not use the Software to engage in any illegal, irregular, infringing acts or acts endangering national security and damaging public interests, does not use the Software to disseminate illegal, harmful and infringing information, and does not interfere with the normal operation of the Software and the legal use of the Software by other users.
The Licensee shall ensure that all information provided to the Software (if any) is true, legal and valid, and shall not provide false, fraudulent or infringing information. The Licensee shall bear all consequences arising from false information provided by it.
The Licensee shall not slander, defame, attack or calumniate the Licensor and the Software in any form, shall not disseminate false information about the Software and the Licensor through any channel, and shall not organize or incite other users to violate the covenants of this Agreement. Otherwise, the Licensor has the right to pursue its full legal liabilities.
The Software is provided on an "as is" basis solely for the temporary convenience of computer network technology study and research. The Licensor has not conducted any form of quality inspection or functional verification on the Software, and shall not bear the liability for repairing any defects, faults or vulnerabilities of the Software, nor shall it bear the liability for compensation for any direct or indirect losses such as data loss, device damage and interest loss of the Licensee caused by contacting or using the Software.
The Licensor shall not bear any liability for the inability to use or abnormal use of the Software caused by reasons not attributable to the Licensor including but not limited to network faults, device hardware problems, third-party software interference and force majeure (including but not limited to natural disasters, policy adjustments, network control, etc.).
In the performance of this Agreement, the Licensor shall not bear the liability for compensation for any losses of the Licensee caused by the Licensor's exercise of its legitimate rights (such as terminating Software functions, modifying the terms of this Agreement and taking restrictive measures against in breach users).
The Licensee shall independently bear all consequences arising from its breach of the covenants of this Agreement, violation of the laws of the country/region where it is located or retention/backup of the Software content in any form, and the Licensor shall not bear any joint and several liability.
The conclusion, entry into force, interpretation and performance of this Agreement shall be governed by the aforementioned legal basis. If the terms of this Agreement conflict with the local laws of the country/region where the Licensee is located, the local laws shall prevail, without affecting the validity of other terms of this Agreement.
The Licensor has the final and exclusive right to interpret this Agreement. If the Licensee has any objection to the terms of this Agreement, the only solution is to immediately cease all acts of contacting or using the Software and completely and irrecoverably destroy all relevant content of the Software in accordance with the Agreement within 24 hours.
This Agreement shall take effect on the effective date and terminate when the Licensee completely and irrecoverably destroys all relevant content of the Software in accordance with the Agreement. If the Licensee fails to destroy the Software within the time limit, retains/backs up the Software in any form or uses the Software in breach of the covenants of this Agreement, this Agreement shall remain effective, and the Licensor has the right to pursue its liability for breach of contract and legal liability at any time.
If the Licensee's acts constitute a serious breach of this Agreement, the Licensor has the right to take all legal means to pursue its full liability worldwide, including but not limited to demanding cessation of infringement, destruction of retained content, compensation for losses and a public apology.