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Software License and Service Agreement

Welcome to AirSendit!

Before using AirSendit (the “Software”), please carefully read the terms and conditions of this Software License and Service Agreement, including the AirSendit Privacy Policy (https://www.360totalsecurity.com/privacy/airsendit/ -, as described below) (collectively referred to hereinafter as this "Agreement"). Smart Network Technology Co. Limited.(“we,” or “us”) is willing to license the software to you only on the condition that you accept all of the terms and conditions of this Agreement. This is a legal and enforceable contract between you and AirSendit. By clicking “I accept” before downloading, installing, using or copying the Software, you confirm that you are at least 13 years of age, and that you agree to be bound by the terms and conditions of this Agreement. If you do not accept this Agreement, you must not download, install, use or copy this Software.

By accepting this Agreement, you acknowledge and agree that the transfer technology used by this Software may access files on the device such as images, videos, audios, and your HDD in order to scan your device for transfer files related to the function of the software.

  1. Intellectual Property Statement
    1. AirSendit owns and retains all right, title, and interest in and to the Software, including all copyrights and other intellectual-property rights. All intellectual property, trademark rights and patent rights in the Software and all information related to the Software, are under the protection of national or regional intellectual property laws and regulations.
    2. AirSendit owns and retains all right, title and interest in and to use the AirSendit name, the logo and the product names associated with the web site and the services in connection with the Software, and does not grant you any right or license to use them except in accordance with this Agreement.
    3. Except as expressly provided in this Agreement, you do not acquire any rights in the Software.
  2. Software License
    1. AirSendit hereby grants you and only you a limited license to download, install, use and copy the Software on a single device for commercial or non-commercial use and without limitation on number of uses. Each copy of the Software that is downloaded, copied and installed by you must be complete, accurate and authentic, including all of software, electronic documents, copyright and trademark related to the Software and this Agreement. You may not modify the Software, incorporate any components of the Software into other software or redistribute the Software to third-parties without the written permission of AirSendit.
    2. The Software will automatically deactivate when you uninstall it, and you will not be able to use the Software, or receive any feature or content update to the Software after you uninstall it.
    3. All rights not expressly granted herein are reserved by AirSendit. You must obtain separate written approval from AirSendit to obtain rights not expressly granted herein. Unless applicable law gives you more rights than contained herein, you may only use the Software as expressly permitted in this Agreement.
  3. User Conduct and Compliance with Laws
    1. Use of the Software is subject to all applicable local, state, federal and international laws and regulations. You agree to comply with such laws and regulations.
    2. You agree not to:
      1. use the Software for any illegal purposes;
      2. reverse engineer, decompile, disassemble or otherwise attempt to modify any internal resources of the Software or the compiled program files (including without limitation any related malware signatures and malware detection routines), or create derivative works of any of the foregoing, except to the extent that the foregoing restriction is expressly prohibited by applicable law;
      3. sell, modify or redistribute the Software, including but not limited to software sales, pre-installation and software bundling, without the written consent of AirSendit;
      4. use any parts or components of the Software separately for any purpose except as provided in this Agreement because this Software is licensed to be used as a single product;
      5. intentionally circumvent or destroy any technical measures taken to protect the Software’s copyright, or delete or modify any electronic rights management data or information of the Software;
      6. intentionally mislead or deceive other people by using this Software;
      7. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of the Software or other material contained in a file that is uploaded;
      8. use the Software to either access a computer/mobile network or use any computer/mobile information network resources without proper authorization;
      9. use the Software to delete, modify or augment the function of any computer/mobile network without permission;
      10. use the Software to delete, modify or increase the data and/or applications stored, processed or transferred in any computer/mobile network without permission;
      11. use the Software to perform any other act intended to harm the security of any computer/mobile network; or
      12. use the Software to disrupt of the normal operation of other software on the device, the AirSendit website, or propagate any malware.
  4. User Guide
    1. Software Features. The Software mainly functions as a Transmission medium. User can use the Software to transfer files among personal computers , tablets and smartphones. The Software attempt to use Wi-Fi connection to detect another user’s device. The recipient is also need connected to the same Wi-Fi.User can transfer various types of files (no size limited) after two devices are connected.

      This Software has the following functions:
      1. Transfer files. With the Software,Users can use it to transfer files including photos, videos, music, contacts, apps and any other files.
    2. Open Source. The Software incorporates certain open source, community licensed technology (the “Open Source Software”). AirSendit is not responsible for the terms of use or privacy practices of the Open Source Software providers, and you should read the terms of use and act in accordance with such policies, which can be found below.
      1. Glide:
        1. Website: https://github.com/bumptech/glide
        2. License: The MIT License (MIT) and Apache License 2.0
      2. Dagger:
        1. Website: https://github.com/google/dagger
        2. License: Apache License 2.0
      3. Common-io:
        1. Website: https://github.com/apache/commons-io
        2. License: Apache License 2.0
      4. Rx:
        1. Website: https://github.com/ReactiveX/RxJava
        2. License: Apache License 2.0
    3. The Software functions only in the supported operating systems listed on the AirSendit website. You may uninstall the Software at any time you want. AirSendit disclaims any and all liability that may result from uninstalling the Software.
    4. Downloads. You are recommended to download and install the Software from our official website(www.AirSendittotalsecurity.com)
    5. Support Services and Upgrades
    6. AirSendit may provide you with support services related to the Software (“Support Services”).
      1. Software Support. Certain technical support features may be offered by AirSendit for the Software and may include live chat with a technical support consultant and/or assistance from a technical support consultant via remote access. Any such technical support shall be provided in AirSendit’s sole discretion without any guaranty or warranty of any kind. AirSendit reserves the right to refuse, suspend or terminate any of the technical support at its sole discretion. You are solely responsible for backing up of all your existing data, software and programs before accessing any technical support.
      2. Modification and Upgrade. AirSendit reserves the right to modify and upgrade the Software at any time with or without notifying you.
  5. Privacy Policy
    1. Customer Experience Improvement Program. If you participate in the AirSendit Customer Experience Improvement Program, AirSendit will collect usage statistics regarding the Software, including frequency of use statistics for each participating user. Upon analysis of this data, AirSendit may improve the quality of the products and release helpful security services to users. The statistics are only taken in connection with AirSendit’s products, and contain no Personal User Information. The AirSendit Customer Experience Improvement Program is a voluntary program. Upon installation of the Software, by default you will be participating in the AirSendit Customer Experience Improvement Program, but you can choose to opt out at your discretion in the settings of the Software.
    2. The Software contains neither malicious code aimed at undermining your device data and obtaining private information nor code that tracks and monitors your device. The Software will not (1) collect any information about use of software or documents unrelated to the Software; or (2) disclose any of your private data to any other person.
    3. The Software itself does not collect your personal information. As a remote controller of the Paired Computer, certain functions of AirSendit Total Security will be initiated. While using the Software, your personal information may be collected and/or uploaded through AirSendit Total Security in order to realize the functions of AirSendit Total Security. Details about how we protect your personal information can be found in AirSendit Privacy Policy on AirSendit’s website (www.AirSendittotalsecurity.com/privacy/AirSendit-send). You agree to AirSendit’s use of your data in accordance with AirSendit Privacy Policy which is incorporated herein by reference. For information about AirSendit’s data protection and collection practices, please read AirSendit Privacy Policy.
  6. Legal Liability and Disclaimer
    1. THE SOFTWARE HAS BEEN THOROUGHLY TESTED, BUT AirSendit CANNOT GUARANTEE THAT IT IS FULLY COMPATIBLE WITH YOUR DEVICE. IF YOU ENCOUNTER AN INCOMPATIBILITY WITH YOUR DEVICE, PLEASE CONTACT AirSendit SECURITY CENTER FOR TECHNICAL SUPPORT. YOU SHOULD UNINSTALL THE SOFTWARE IF THE COMPATIBILITY PROBLEM PERSISTS.
    2. IN NO EVENT WILL AirSendit BE LIABLE FOR ANY DAMAGE TO YOU CAUSED BY ANY CONFLICTS WITH SOFTWARE PREVIOUSLY INSTALLED ON YOUR DEVICE OR BY OPERATION OF THE SOFTWARE INCLUDING BUT NOT LIMITED TO THE DIRECT OR INDIRECT PERSONAL LOSS, LOSS OF BUSINESS PROFITS, SUSPENSION OF TRADE, LOSS OF THE BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS, EXCEPT FOR THE REPAIR OF MANUFACTURING DEFECTS OF THE SOFTWARE.
    3. AirSendit SHALL NOT BE LIABLE FOR ANY LOSSES TO YOU DUE TO A THIRD PARTY’S COMMUNICATION ERROR, TECHNICAL PROBLEM, NETWORK OR DEVICE FAILURE, SYSTEM INSTABILITY, OR OTHER FORCE MAJEURE EVENTS.
    4. IF YOU VIOLATE THIS AGREEMENT OR THE RELATED TERMS OF SERVICE, RESULTING IN ANY CLAIM, DAMAGE OR LOSS TO AirSendit, AirSendit MAY TAKE MEASURES INCLUDING BUT NOT LIMITED TO DISCONTINUING THE SOFTWARE LICENSE, TERMINATING PROVISION OF SERVICES, RESTRICTING USE OF THE SOFTWARE AND/OR TAKING ANY NECESSARY LEGAL OR ADMINISTRATIVE ACTIONS.
    5. AirSendit CANNOT GUARANTEE THAT THE SOFTWARE IS NOT INFECTED BY OR BUNDLED WITH DISGUISED MALWARE IF THE SOFTWARE IS DOWNLOADED FROM A SOURCE OTHER THAN THE AirSendit WEB SITE. AirSendit WILL NOT BE LIABLE FOR DIRECT OR INDIRECT DAMAGE CAUSED BY COPIES OF THE SOFTWARE OBTAINED FROM THIRD PARTIES.
    6. AirSendit HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA, DEVICE FAILURE OR MALFUNCTION, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INTERFERENCE, ACCURACY OF DATA, INTEGRATION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS BY FILTERING, DISABLING, OR REMOVING SUCH THIRD PARTY’S SOFTWARE, SPYWARE, ADWARE, COOKIES, EMAILS, DOCUMENT, ADVERTISEMENTS, OR THE LIKE, WHETHER ARISING BY STATUTE, LAW, COURSE OF DEALING, CUSTOM AND PRACTICE, OR TRADE USAGE. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
    7. AirSendit DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. AirSendit DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AirSendit DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, ENHANCEMENTS, MAINTENANCE OR SUPPORT RELATED THERETO, OR ANY OTHER MATERIALS (TANGIBLE OR INTANGIBLE) OR SERVICES SUPPLIED BY THEM.
    8. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN NO CASE SHALL AirSendit’S LIABILITY EXCEED THE PURCHASE PRICE PAID BY YOU FOR THE SOFTWARE.
    9. IF YOU ARE DISSATISFIED OR HARMED BY AirSendit OR ANY PORTION OF THE AirSendit WEB SITE, YOU MAY UNINSTALL AirSendit’S PRODUCT, CLOSE YOUR AirSendit ACCOUNT OR DISCONTINUE USING THE AirSendit WEB SITE, AND SUCH DISCONTINUANCE SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
    10. As a condition of use of the Software you agree to indemnify AirSendit, its affiliates, partners, officers, directors, employees and agents from and against any and all actions, claims, losses, damages, liabilities and expenses (including reasonable attorneys’ fees) arising from your violation of any term of this Agreement. This defense and indemnification obligation will survive termination of this Agreement and your use of the Software.
  7. Applicable Law and Disputes
    1. The Agreement shall be governed by the law of the state of New York, excluding its conflicts of laws rules.
    2. For any dispute you have with AirSendit, you agree to first contact us and attempt to resolve the dispute with us informally. If AirSendit has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and AirSendit agree otherwise, the arbitration will be conducted in the state of New York. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that AirSendit will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $5000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access using the Software.
    3. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND AirSendit ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
  8. Miscellaneous
    1. This Agreement constitutes the entire agreement between you and AirSendit governing your use of the Software. You may also be subject to additional and separate terms and conditions that apply when you use or purchase other AirSendit products, services, or affiliate services, or third-party content or software.
    2. If any provision of this Agreement is determined to be illegal, invalid or unenforceable, the provision so determined to be illegal, invalid or unenforceable shall be severable without affecting the enforceability of any of the remaining provisions.
    3. AirSendit may modify the terms of this Agreement in accordance with any changes to relevant laws and regulations, or in accordance with any changes to AirSendit or its business. We will notify you of all modifications to this Agreement on our webpage (www.360totalsecurity.com/airsendit) and attach with the latest version of the Software. You may uninstall the Software if you do not agree to the modified content of the Website or the Network Services. Your continued use of the Software shall be regarded as your acceptance of the modification to this Agreement.
    4. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you except as explicitly provided in this Agreement, but may be assigned by AirSendit without restriction.
    5. AirSendit may be required to send you legal notices and other communications about the Software, services or our use of the information you provide us ("Communications"). AirSendit will send Communications via in-product notices or via email to the primary user’s registered address, or will post Communications on the AirSendit web site. By accepting this Agreement, you consent to receive all Communications through these electronic means only and acknowledge and demonstrate that you can access Communications on the AirSendit web site.

Customer Support

support@360safe.com

Office

Building 2, 6 Haoyuan, Jiuxianqiao Road, Chaoyang District, Beijing, P.R.C. 100015