End User License Agreement

This Agreement is concluded and signed between you (the “user”) and OnePlus Technology (Shenzhen) Co., Ltd. (hereinafter referred to as “OnePlus”, which shall include its affiliates and licensed assigns) with regard to the authorized use of this software. Please pay additional attention to the clauses marked conspicuously by blackbody, thickening, underline, italic and other methods herein. If you are a minor, as defined by the laws of your jurisdiction of residence, please read this Agreement and purchase and use OnePlus products (“Products”) only under the guidance of your parent or custodial guardian. In particular, OnePlus reminds you to carefully read and understand the provisions of this Agreement. If you take any affirmative steps, including but not limited to the installation, activation, use, upgrading, or update of OnePlus product(s), you shall be deemed to have accepted this Agreement. If not, you can return the product to OnePlus in accordance with the relevant sales and return policies.

1. Definition

1.1 This Software refers to the software provided by OnePlus or its licensor(s) through this Product and any updated or upgraded version(s) thereof, including but not limited to mobile operating systems (H2 OS or O2 OS or Oxygen TV) and preinstalled tool applications of the system.

1.2 This device refers to the terminal device provided by OnePlus that can use related software, programs, or services, that is, OnePlus mobile phone or TV and other OnePlus smart devices.

1.3 OnePlus Product: refer to the software and the device, as well as the services provided through this software and this device.

2. Authorization license and reservation of rights

2.1 All intellectual property rights of OnePlus product such as copyrights, trademark rights, patent rights and trade secrets, as well as other information related to OnePlus products, including but not limited to the word expression and its combination, color, interface design, structural framework, related data and electronic documents, are protected by relevant laws and regulations and international conventions. In addition to the use authorized and approved by the third party (such as: open source software (OSS) used according to the open source agreement), OnePlus enjoys the complete intellectual property of OnePlus Products.

2.2 OnePlus authorizes, but does not assign any rights to, legitimate users of this device use the software and related contents within the proper scope of usage. This license is a limited, non-proprietary, non-transferable license. 'Limited license' means that the license is expressly as per the terms enumerated in this Agreement. You do not have any rights to related content except as explicitly stipulated herein. You are only permitted to use the software on an OnePlus device. If your OnePlus device is lost, stolen damaged, or transferred to another individual, you do not have the right to use this software. ‘Non-proprietary’ means that OnePlus may grant the same rights to third parties. 'Non-transferable License' means that you may not transfer this license to any third party, nor may you sublicense or otherwise make commercial use of this license. If you are required to transfer the license (for example, if you sell your device second-hand), after the transfer of your device you will no longer enjoy a license to the software. Other than as may be provided for under applicable law or as agreed to by OnePlus in writing, you shall not export or re-export OnePlus products.

2.3 For the software licensed by the third party or provided for OnePlus for use in this device, the users shall comply with the terms and conditions of relevant licensors and relevant intellectual property terms when using the above software. OnePlus shall be exempt from any legal responsibility for the software and services provided by any third party.

2.4 As the cost of license has been included into the cost to purchase OnePlus devices, you do not have to pay any additional license fee for the use and authorization, unless you and OnePlus agree to a separate agreement in writing. However, you should be aware that if you accept the service provided by the third party when using OnePlus products, you may be required to pay additional fees to that third party.

2.5 Reservation of rights: All other rights that are not expressly authorized are still reserved by OnePlus. You must obtain additional written consent from OnePlus if you wish to procure additional rights.

3. Service restrictions and service change

3.1 Unless authorized by OnePlus in addition in writing or this restrictive clause is held invalid, the user may not engage in the following acts:

3.1.1 install this software in any other terminal device without an explicit license from OnePlus;

3.1.2 use this software for any commercial purpose or for the purposes prohibited by this Agreement or relevant law in any way;

3.1.3 rent, transfer and re-license the software or transfer any rights of this software in other way;

3.1.4 modify, translate and carry out reverse engineering, decompilation or disassembling for this software or create derivative works;

3.1.5 in the event of any violate of the above-mentioned prohibitions, OnePlus reserves the right to immediately terminate all authorization granted herein and retains all legal and other remedies.

3.2 During the license term, OnePlus may send you information relating to your use of Products, such as iterative upgrading of software and information update. You agree to receive push notifications and other content provided by OnePlus and partners that relates to software updates or other needed alerts.

3.3 If you agree to upgrade this software to the latest version, there may be changes in the contents, including but not limited to the user interface, color combinations, desktop wallpaper, built-in functions, menu list or app from the system. You may agree to accept the adjustment of usage habits brought by this change. In this case, OnePlus will not take any legal liability or compensation for such change. As downloading or updating the software may consume mobile data, OnePlus recommends that you connect to free WI-FI or network to avoid using mobile data and/or incurring additional costs.

3.4 You must understand and agree to the following: for the tools and applications preinstalled in this software, some can be deleted, but some cannot be. Some tools can be used directly and some tools can be used only after the installation or activation. Simultaneously, you can download and install various tools and applications from third party application store, but you will be held responsible for any related problems, including but not limited to software incompatibility, failure, virus, malicious fraud, and privacy breaches.

3.5 If you accept the upgraded or updated version of the software, any rights to previous versions of the software will be automatically terminated. Unless otherwise agreed in writing by OnePlus or required by relevant law, you do not have the right to require OnePlus to restore any previous version of the software.

3.6 Online services: Some of the functions of the software may require your device to be connected to the Internet, which may lead to additional costs. In addition, some of the functions of the software may be affected by government control of Internet access or limitations of your data access rights.

4. Account registration

4.1 You can use OnePlus products without your registered OnePlus account. However, some functions, programs and services of OnePlus devices may require you to register an account. If you wish to experience more OnePlus product functions, you can choose to register an account and provide OnePlus with your relevant personal information. Your registered account will be owned by OnePlus, but you have the right to use and manage it. You may terminate the use of your account at any time. In such case, OnePlus may retain or terminate your account information in accordance with this Agreement. Before you register the account, you should promise and guarantee:

4.1.1 you shall bear full responsibility for the authenticity, legitimacy, and validity of the registered information. You may not impersonate others and shall not release any information in the name of others, and shall not maliciously use any registered account or use a registered account to cause harm to others. Otherwise, OnePlus has right to terminate the services immediately, and you will be solely liable for any legal violations.

4.1.2 you must use OnePlus products legally and you will be responsible for all acts of your registered account. OnePlus explicitly disclaims and shall not bear any responsibility for any loss or damage incurred as a result of your acts.

4.1.3 you shall keep your login information confidential to avoid being acquired and used by others, and notify OnePlus immediately upon finding any violations to the law, uses of the product without authorization, or other suspicious activity. In the event of any failure to provide such warning, OnePlus will be exempt from the responsibility for the losses incurred as a result of your failure to comply with the above requirements.

4.1.4 you must either own or obtain a valid copyright or other license to all content displayed on or created pursuant to your use of an OnePlus device. If any third party brings a claim or lawsuit for breach of this clause, you shall bear the responsibility on your own.

5. Data collection and privacy protection

5.1 OnePlus may collect and process your relevant personal and other information pursuant to a valid legal purpose (such as may be required for the performance of contract; as necessary to provide services to you; based on legal legitimate business interests; or with your clear consent). The types of data collected and processed by OnePlus because it is necessary to provide service to you include, but are not limited to the following: device information (such as device type and name, Serial Number, UUID code, PCBA version); software information (such as OS version number, ROM version number, Android version number); and information relating to telecom operators providing you with services (such as the telecom operator’s ID, Router or Modem devices type and model, Network bandwidth, Network connection status ). Based on this information, OnePlus can provide you with some services such as electronic maintenance, recognition of your phone software version and provision of version that fixes vulnerabilities and is updated as well as settlement of some telecommunication service errors.

5.2 You agree with the transnational transmissions of data. Your personal information may be transmitted and transferred across borders (regions), and stored and processed in the target country (region). The receiving country and region of these data may not have the same legal protections for privacy and data security as your country. Nevertheless, OnePlus warrants that security measures it follows in any receiving country are sufficient to ensure that the protection level of personal data can is equivalent to the requirements of the laws and regulations of your country or region.

5.3 By using this device, you have agreed for OnePlus to collect and use your personal information in accordance with this Agreement. OnePlus attaches great importance to your privacy and promises to protect your personal information security through effective measures. You can understand how OnePlus collects, processes and protects the personal information by reading OnePlus’s Privacy Policy.

6. Disclaimer and limitation of liability

6.1 Please be informed that OnePlus shall under no circumstances whatsoever be held liable in any of the following circumstances:

6.1.1 for providing your personal information according to the laws and regulations or requirements from relevant government departments;

6.1.2 for any disclosure of personal information as a result of your misuse of a device or failure to keep a Product secure;

6.1.3 any situations in which the Products cannot meet your requirements such as service interruption and service hindered caused by hacker attack(s), intrusion of computer virus(es), shielding of illegal content information; or harassing information; government control; and any other network, technology, communication line, and/or information security management measures, etc.

6.1.4 you incur losses due to communication line fault of a third-party operator, technical problem; network and/or computer malfunction; system instability; and other type of force majeure factor.

6.1.5 other losses not caused by reason of OnePlus; or

6.1.6 any other third party, or direct, indirect, incidental, special or consequential losses.

6.2 This software and this device are provided as-is within the permissible scope of the relevant laws or policies. Once you use OnePlus Products, it means that you accept the current status of OnePlus products, including but not limited to possible system vulnerabilities, operational errors, occasional delay in reaction, and possible adverse effects on other software and service after installing the software. OnePlus and its licensors do not provide any guarantee for the marketability of the software, the applicability of the special purpose, or non-infringement.

6.3 OnePlus is not liable for any liability for any loss caused by misuse, unauthorized modification of this software, accident, or force majeure.

6.4 During the process of using OnePlus products, the liability limit of OnePlus does not exceed the purchase price of the device, regardless of loss and type of loss caused by any reasons, unless otherwise provide for under the relevant laws and regulations.

6.5 The software may come in different versions due to differences in legal regulations and user preferences in different countries and regions. Different versions of different countries and regions may comply with different regulatory requirements, depending on the country or region for which the product is designed, OnePlus only guarantees compliance with the legal requirements of the countries and regions where OnePlus devices are available for purchase through official channels. Some applications and services are only available to users in the country of purchase. If you move from the country or region of purchase to other countries or regions, these applications may be limited due to differences in state regulations and/or telecommunications services.

6.6 To provide better quality and improve system functionality, OnePlus will continue to upgrade its software. Before announcing version releases, OnePlus will provide test version (beta version) through several channels to OnePlus fans. The test version (beta version) will contain new feature, service and application, which may result in unpredictable stability problem in those test versions (beta versions). OnePlus is not liable for any liability for any function incomplete or system stability problem in those test versions (beta versions).

7. Modification and termination

7.1 Modification

7.1.1 You acknowledge and agree that OnePlus may modify this agreement, either at our discretion or in accordance with the mandatory provisions of the laws and regulations. If there are any substantive changes or any material derogation of your rights and interests of this Agreement, OnePlus will inform you through the contact information you have provided or through other publication. If you continue to use OnePlus products after receiving a notice of change, you are deemed to have accepted these modifications and shall be bound by the revise terms.

7.1.2 OnePlus may modify, abridge, or retain the right to OnePlus products at any time. You agree that OnePlus is not liable for modifying, abridging, or retaining OnePlus products.

7.2 Termination

7.2.1 You acknowledge and agree that this Agreement shall come into force when you first install the software, and continues to be valid for the duration of your use of the OnePlus product, until terminated in accordance with this Agreement or laws and regulations. After the termination of this Agreement, you shall fully cease using the software in all manners. The Articles 5, 6, 7, 8, 9 and 10 therein continue to be valid.

8. Legal application and dispute settlement

8.1 Legal application

Any dispute arising from or relating to this Agreement, including its existence, enforceability, performance thereunder, and termination shall be governed by the laws of the People's Republic of China, without respect to conflict of law provisions. Each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law and any invalid, illegal or unenforceable term or provision shall be deemed replaced by a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid, illegal or unenforceable term or provision.

8.2 Dispute settlement

Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach termination or invalidity thereof, shall be settled in a friendly negotiation. If failed, either party may bring a lawsuit against the court where the defendant is located.

9. Notification and delivery

9.1 If OnePlus needs to send any information to you, it will be sent via e-mail, phone number, or contract address provided when you buy OnePlus products, or a direct push through the software. If the information is sent via electronic communication, it is deemed to be delivered when your device or the electronic system you are using receives it. information; and if sent by express, the third day after delivery is deemed to be served.

9.2 If you have any comments, suggestions, or questions about this agreement or OnePlus product, you are welcome to give feedback to OnePlus at any time. Contact way: (1) email address: UserFeedback@oneplus.com;(2) express address: Floor 18, Block C, Tairan Building, Tairan 8^th Road, Chegongmiao, Futian District, Shenzhen (postal code: 518040)

10. Entire agreement

10.1 This Agreement constitutes an entire agreement between the both parties on the authorized use of this software. If there are other forms of agreement, negotiation, commitment, or expression of intent that are clearly in conflict with or inconsistent with the Agreement between the parties prior to the entry into force of this Agreement, this Agreement shall prevail.

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