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KOKONI Device End-User Software Licensing Agreement
IMPORTANT: This agreement is the end-user software licensing agreement (hereinafter referred to as this "Agreement") between you (an individual, company, or any other entity) and KOKONI (see description in “About KOKONI” section) for the use of this Software (see Section 1.1 of this Agreement). You must have reached the age of majority for the legal jurisdiction that you reside in to access and sign this Agreement. If you have not reached the age of majority, your guardian must agree to or sign this Agreement. Please read this Agreement carefully before you use your KOKONI device or download a Software update mentioned in this Agreement. Your use of a KOKONI device or download of this Software update will be deemed as your acceptance of the constraints mentioned in this Agreement. Otherwise, please do not use any KOKONI device or download this Software update. You may return your KOKONI device to the franchise store, authorized distributor, or retail store where you purchased it for a refund. However, you should be aware that refunds may be subject to the retail store's return policy. The return policy is implemented by the relevant laws and regulations of the country/region of purchase. You may access a copy of this Agreement at any time by visiting KOKONI's website (http://www.kokoni3d.com) and retain a copy of this Agreement for future reference.
About KOKONI
If you are located in China, "KOKONI" refers to "湖州(魔芯)科技有限公司" (Moxin (Huzhou) Tech. Co., Ltd. ).
If you are located in any other territory, "KOKONI" refers to "Moxin (Huzhou) Tech. Co., Ltd.".
General Terms
1.1 Software under this Agreement refers to (1) the software components provided to you with a KOKONI device, including but not limited to the codes as well as other embedded software, documents, interfaces, content, fonts, and any data stored on it that is protected by copyright held by KOKONI or its licensor; (2) updates or upgrades to the software mentioned in (1).
1.2 The Software under this Agreement shall be bound by it, whether it is stored in read-only memory or any other media or form or it is from an online download location authorized by KOKONI unless otherwise agreed upon.
End User Software Licence
You are granted a limited and non-exclusive licence to access and use this Software (as defined in Section 1.1) on only one KOKONI device, subject to, and by the terms and conditions of this Agreement. The Software cannot be sold, transferred, or used for any other commercial purposes.
Limitations of Use
3.1 You may not use KOKONI technology or KOKONI intellectual property to develop software or design, develop, manufacture, sell, or licence third-party devices/accessories associated with KOKONI devices without KOKONI's prior consent.
3.2 You may make a copy of the Software on a computer hard disk drive or other storage media to archive. You may not distribute or provide the Software through networks so that it is available to multiple devices or computers at the same time.
3.3 You may not sell, rent, lease, lend, sublicence or distribute the entirety or part of the Software to any third party without prior written permission from KOKONI. Nonetheless, you may make a one-off permanent transfer of the entire licence to the Software to another party along with the transfer of ownership of your KOKONI device, provided that: (1) the transfer must include your KOKONI device and all the KOKONI Software; (2) you do not retain all or part of the Software copies; (3) the party that receives the KOKONI device and Software has read and accepted all the terms and conditions of this Agreement.
3.4 Except as otherwise expressly permitted, you shall not, nor allow any other person to copy, reverse engineer, decompile, disassemble or create derivatives of the Software. In addition, you shall not, nor allow others to, or attempt to export the source code of the Software, or decode or modify the Software or any part of the Software or the services that it provides.
3.5 You agree not to use the Software and related update content to engage in the following activities: (1) copy or use any part of the Software beyond the scope of this Agreement; (2) provide to third parties, or allow third parties to use the whole or part of the Software without obtaining KOKONI's written consent (including but not limited to apps, services, code, and source code);, (3) use the Software in a deceptive way or for deceptive purposes; (4) remove any copyright declarations or prompts contained in the Software; (5) attempt to destroy, bypass, change, invalidate or escape from the Software and/or any digital rights management system that is part of the organic composition of the Software; (6) perform other improper or illegal acts.
3.6 When using the Software for storage or copying, you need to be authorized by the relevant rights holders in the corresponding countries or regions. KOKONI Software may be used to reproduce materials so long as such use is limited to the reproduction of non-copyrighted materials, materials for which you own the copyright, or materials you are authorized or legally permitted to reproduce. You acknowledge that ownership and intellectual property rights of any material displayed, stored, or accessed via your device belong to the owner of the material. Such materials may be protected by copyright law or other intellectual property laws and treaties, and you may need to comply with the user agreement or terms for such materials belonging to a third party. Unless otherwise agreed upon, this Agreement does not grant you any right to use such materials, nor does it guarantee that you can continue to use them.
3.7 You agree that you shall only use the Software in compliance with all applicable laws and regulations of the country or region in which you reside or use the Software, including but not limited to the local laws of the country or region where you live or download or use the Software and services.
Reservation of Rights
KOKONI and its licensors own and retain all rights and titles to the Software and reserve any other rights not expressly granted to you by this Agreement.
Privacy Policy
KOKONI Consumer Business Privacy Policy (the "Privacy Policy") provides information about the data that KOKONI collects and how this data is used by KOKONI. For use of this Software on your device, KOKONI will collect data from your device by the provisions of this Agreement and the Privacy Policy. You may refer to the details of the Privacy Policy at: http://www.kokoni3d.com/#/pages/about/privacy.
Consent to Use of Data
6.1 WHERE YOU CHOOSE TO HELP KOKONI IMPROVE ITS PRODUCTS AND SERVICES, KOKONI AND ITS AFFILIATES/LICENSORS MAY COLLECT DATA FROM YOUR DEVICE FOR ANALYSIS. COLLECTED DATA INCLUDES YOUR DEVICE CONFIGURATION DATA, APP STATISTICAL DATA, AND ERROR LOG DATA. ALL DATA IS ANONYMISED BEFORE BEING COLLECTED AND PROCESSED.
6.2 KOKONI ENSURES THAT A SIMILAR AND ADEQUATE LEVEL OF PROTECTION IS AFFORDED TO YOUR DATA AS REQUIRED BY ALL APPLICABLE LAWS AND REGULATIONS. DATA COLLECTED FROM YOUR DEVICE DURING USE MAY BE PROCESSED OR TRANSFERRED TO KOKONI AND ITS AFFILIATES/LICENSORS IN COUNTRIES OUTSIDE OF THE COUNTRY YOU RESIDE. THIS MEANS THE DATA MAY BE TRANSFERRED TO OR ACCESSED FROM OTHER JURISDICTIONS WHICH ARE OUTSIDE OF THE COUNTRY WHERE YOU USE KOKONI'S PRODUCTS OR SERVICES. THESE JURISDICTIONS MAY HAVE DIFFERENT DATA PROTECTION LAWS, OR SUCH LAWS MAY NOT EVEN EXIST.
6.3 KOKONI ONLY RETAINS YOUR DATA FOR THE PERIOD NECESSARY TO FULFIL THE PURPOSES OUTLINED IN THIS AGREEMENT AND THE PRIVACY POLICY, UNLESS A LONGER RETENTION PERIOD IS REQUIRED OR PERMITTED BY LAW. WHILE KOKONI TAKES ALL APPROPRIATE TECHNICAL AND ORGANISATIONAL STEPS TO PREVENT UNAUTHORISED ACCESS TO OR DISCLOSURE OF YOUR DATA, PLEASE NOTE THAT NO SECURITY MEASURES ARE COMPLETELY INFALLIBLE.
Updates
7.1 To provide you with a better user experience, KOKONI may provide you with software update services, including, but not limited to, system software updates and 3D print model updates. The Software's update service is designed to improve the performance, safety, and reliability of products and devices. The Software's updates can be installed in different ways; software updates include error repairs, system software updates, 3D print model updates and performance enhancements.
7.2 Any update provided by KOKONI for replacement or supplemental software is governed by this Agreement, unless such update is accompanied by a separate End User Licence Agreement, which will prevail. If you decide not to download and use an update provided by KOKONI, you understand that you may place the Software under serious security risk or cause the Software to be unusable or unstable. Some of the functions of the Software may be limited based on the version. Updating to the latest version may improve your user experience.
7.3 Your KOKONI device will automatically search for and download new update packages to provide you with timely update services. These updates are designed to resolve cyber security loopholes and prevent new threats, and it is important to accept and install security-related system updates promptly. Due to the importance of these updates, your device may block a new print job before the updates are installed, and will immediately provide update notifications to help you understand the related information.
Services of the Software
8.1 The Software enables you to access KOKONI and third-party apps and services (individually and collectively referred to as "services") that come with the Software. However, some apps and services may not be available in all languages or all regions. Some features of the Software may require access to the Internet over Wi-Fi to work properly. If you allow the Software to access the Internet using mobile data on your phone(for example through a hotspot), additional data charges may apply. Please consult your network provider for details. In addition, you acknowledge and agree that some of the features of the Software may not be available on some devices depending on the device hardware and data access.
8.2 To ensure and enhance your user experience, the Software provides you with a large number of services. The specific services of the Software are provided by KOKONI and its affiliated companies/licensors according to the actual situation. KOKONI and its affiliated companies/licensors reserve the right to change the contents of the services at any time.
KOKONI devise services statement: KOKONI device services are basic functions for you to use the KOKONI cloud service. These basic functions include the KOKONI account management function, remote printing, remote monitoring, and model recommendation. The above features may not be available in all regions/countries and languages. Using these basic functions requires access to the Internet, and you need to register your Bambu account and accept the additional terms of the above basic services.
Print Failure Detection: Print result detection is a service that automatically detects the problems during printing, including the first layer inspection, spaghetti failure detection, and automatic skipping of failed parts. Using these services, the device will prompt warning messages when there is a problem in printing, accurately skip individual failed parts, or automatically stop printing when there is a serious problem. Some functions of print failure detection (such as spaghetti failure detection) depend on specific hardware configuration, so only KOKONI devices equipped with relevant hardware can support it. In addition, you understand that due to technical limitations and other reasons, KOKONI cannot guarantee that the above-related functions can be completely and accurately detected, and there may be a risk of false detection under special circumstances.
Third-party Software Statement
9.1 You understand and agree that although KOKONI device supports the execution of general G-code files, but it does not guarantee the availability of G-code generated by third-party software in any period, and will not be responsible for the device damage caused by running G-code generated by third-party software.
Termination and Ongoing Effectiveness
10.1 This Agreement is effective from the first date you install the Software. You may terminate this Agreement at any time by permanently deleting, destroying, and returning, at your own cost, the Software, all backup copies, and all related materials provided by KOKONI. KOKONI or its licensors may terminate this Agreement at any time without notice if you fail to comply with any terms or conditions of this Agreement. Once it is terminated, you MUST stop using this Software and delete all the Software and associated materials already copied and/or installed on your KOKONI device or computer immediately.
10.2 Sections 6, 11 and 12 shall remain effective after the termination of this Agreement.
Disclaimer of Warranties
11.1 YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NEITHER KOKONI, ITS LICENSORS OR AFFILIATES NOR THE COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THERE IS NO WARRANTY BY KOKONI OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM IT.
11.2 YOU FURTHER CONFIRM THAT DURING THE PRINTING, CALIBRATION AND OPERATION OF THE DEVICE, IT IS NOT ALLOWED TO STRETCH BODY PARTS OR OBJECTS INTO THE DEVICE TO AVOID THE POTENTIAL RISK OF SCALD AND PINCH INJURY. YOU SHALL BEAR ALL THE RESPONSIBILITIES AND RISKS OF PERSONAL INJURY OR EQUIPMENT INJURY CAUSED THEREBY.
Limitation of Liability
12.1 KOKONI WILL NOT TAKE ANY RESPONSIBILITY FOR SOFTWARE USE PROBLEMS CAUSED BY ABUSE, MISUSE, OR UNAUTHORISED MODIFICATION.
12.2 TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL KOKONI, ITS EMPLOYEES, LICENSORS, OR AFFILIATES BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF KOKONI OR ITS LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
12.3 IN NO EVENT SHALL KOKONI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING DEATH OR PERSONAL INJURY RESULTING FROM KOKONI'S NEGLIGENCE) EXCEED THE AMOUNT YOU PAID FOR YOUR KOKONI DEVICE.
12.4 The laws of some countries/regions do not allow the exclusion or limitation of certain warranties, guarantees or liabilities. If such laws apply to you, all or part of the exclusions or limitations described herein may not apply to you and you may have additional rights. Nothing in this Agreement affects the legal rights that you are always entitled to as a consumer and which you cannot contractually agree to alter or waive.
Technical Support
KOKONI is not obligated to provide any technical support for the Software described in this Agreement, other than those required by law. No oral or written information or opinion given by KOKONI or its authorized representatives constitutes any warranty. If you discover that the Software or its services are defective, you must bear all necessary repair costs.
Export Controls
You may not use or otherwise export or re-export KOKONI Software except as authorised by applicable laws and the laws of the jurisdictions in which the KOKONI Software was obtained.
Contacting KOKONI
If you have any questions, comments, or suggestions, please contact us via the online customer service, or submit it to one of our global offices. For a complete list of our offices, please visit the Contact KOKONI page.
Dispute Settlement and Governing Laws
The validation, interpretation, modification, fulfillment, and dispute settlement of this Agreement are governed by the laws of the People's Republic of China and do not regard its conflicts of laws provisions. You agree that this Agreement is signed in Nanshan District, Shenzhen. If any dispute arises concerning the content or performance of this Agreement, the dispute shall be settled through friendly negotiation. If the dispute cannot be settled through negotiation, either party could submit the dispute to the People's Court with jurisdiction in the place of signing. You will also benefit from any mandatory provisions of the law of the country/region in which you are resident. Nothing in this Agreement, including the paragraph above, affects your rights as a consumer to rely on such mandatory provisions of local law.
Entire Agreement
This Agreement constitutes the entire agreement between you and KOKONI governing your use of the Software and supersedes any prior agreements between you and KOKONI relating to the use of the Software. You may also be subject to additional terms and conditions that may apply when you use or purchase open-source software, third-party content, or other KOKONI services.
