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We’re excited to announce the availability of “HiTRUST 3DSS Cloud Service” and “HiTRUST 3DS SDK” that are FREE for you and can be used for 30 days without function limitation.

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HiTRUST.COM (HK) Incorporated Limited ™ EMV SDK 2.0 End User License Agreement

This End User License Agreement constitutes a valid and binding agreement between HiTRUST.COM (HK) Incorporated Limited. (“HiTrust”) and you, End user, who has a desire for the use of HiTrust Hong Kong EMV SDK 2.0 (“SDK”), according to the terms and conditions defined below.

BY CHECK THE “AGREE” CHECKBOX, INSTALLING OR USING THE SDK, YOU ARE EXPRESSLY DEEMED TO AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE ONLINE HELP. IF YOU ARE ACQUIRING THE SDK ON BEHALF OF YOUR COMPANY OR ORGANIZATION, YOU REPRESENT THAT YOU ARE DULY AUTHORIZED TO ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT ON BEHALF OF YOUR COMPANY OR ORGANIZATION. IF YOU DO NOT AGREE TO ANY OR ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE ONLINE HELP, PLEASE DO NOT INSTALL OR USE THE SDK.

The trial version of the SDK is released and shall apply to the terms and conditions of this agreement. The trial version is free for you; however, according to the SDK description, we provide you with a maximum of thirty (30) days free trial period upon your unique activation key generated by HiTrust to install on your computer, a multi-user platform, server, network, or on any other digital device. If you have the desire for the continual use of the SDK when the aforesaid trial period has expired, you must visit our website at www.hitrust.com.hk and pay for the official version. Otherwise, you will lose any right to the SDK.

You also agree that HiTrust reserves the right to amend the terms and conditions of this agreement from time-to-time. We will notify you of such amendments or changes by publishing them on our website.

1. Grant of License. Subject to the terms and conditions of this agreement, HiTrust hereby grants you, End user, a non-exclusive, limited, non-transferable, non-sub licensable and permanent license to install, use, access, display and run the SDK only, on no more than the maximum number of End brand computers for which license fees have been paid.

2. Access and/or Use. You shall not have the SDK be concurrently installed, used, accessed, displayed or run on more than the maximum number of computers for which license fees have been paid, on a multi-user platform, server, network, or on any other digital device. If you want to do so, you must purchase a licensed copy of the SDK for each and every individual computer and/or digital device separately.

3. Copy. You are allowed to make one copy of the SDK for backup purposes. Except as expressly stated in this agreement, you shall not, in any manner, make any copy of the SDK, the Online Help and/or other accompanying materials.

4. Update and Upgrade of SDK. Any update and upgrade of the SDK shall be bound by this agreement. Any terms and/or conditions of this agreement shall be superseded by the renewed version of this agreement.

5. The Protection of Intellectual Property Right. All proprietary and intellectual property of the SDK, the materials related to the SDK and their copies, including but not limited to, image, picture, animation, video, audio, text, application program and printed materials, shall remain the property of HiTrust or its licensors. If the documentation with respect to the SDK is provided in electronic file format, you have the right to print out one copy of the aforesaid documentation for filing.

All rights not expressly granted hereunder are reserved for HiTrust. You shall not, and shall not attempt to, modify, reverse engineer, recompile, disassemble the SDK, create the derivative works or other works that are based upon or derived from the SDK in whole or in part, or in any manner, access and/or acquire the source code of the SDK.

However, all copyrights on the contents collected from the Internet by using the SDK shall remain the property of the holder of copyrights on the contents. Neither HiTrust nor you may claim copyrights on the collected contents resulting from the use of the SDK, and no right will be granted to either party as a result of the use of the SDK.

6. The Entirety of SDK. The SDK shall be used as a non-separated unit. You are not allowed to use any of components of the SDK respectively on more than one computer.

7. Prohibition of Transfer. The SDK and the license herein granted shall not be divided from the computer on which the SDK was installed, for the purpose of rent, lease, lend, or sublicense, either alien or otherwise. All rights granted to you hereunder shall not be transferred in any manner to any third party.

8. No Removal of Trademark/Notices. Nothing in this agreement intends to transfer to you any ownership of the right, title or interest in and to the SDK and the intellectual property rights, relating thereto. You shall not remove, obscure, make illegible or alter any notices or indications of the intellectual property rights and ownership thereof.

9. Limited Warranty. HiTrust and its reseller(s) warrant and guarantee that the SDK (including the update and upgrade) will perform substantially in accordance with the Online Help for the SDK for a period of ninety (90) days from the date you acquire the SDK. HiTrust’s or its reseller(s)’ entire liability for any breach of this warranty shall be, at HiTrust’s and/or its reseller(s)’ option: (i) to repair or replace the SDK, or (ii) to update the SDK. Any replacement SDK will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. HiTrust and/ or its reseller(s) shall not be liable for any defect of SDK results from force majeure and/ or your improper use.

THIS IS A LIMITED WARRANTY AND IS THE ONLY WARRANTY MADE BY HITRUST AND/OR ITS RESELLER(S). HITRUST AND/OR ITS RESELLER(S) MAKE NO OTHER WARRANTY, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOU MUST EVALUATE THE RISK OF USE AND OPERATION OF THE SDK BY YOURSELF. If any modifications are made to the SDK by you during the warranty period, if the SDK is subjected to accident, abuse or improper use; or if you violate the terms of this agreement; then this warranty shall immediately be terminated.

10. Disclaimer. IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL HITRUST AND/OR ITS RESELLER(S) BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY INCLUDING NEGLIGENCE, TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, AND DAMAGES FOR LOSS OF BUSINESS REVENUES AND PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF REPUTATION, OR ANY AND ALL OTHER TANGIBLE OR INTANGIBLE LOSSES ARISING FROM THE USE OF OR THE INABILITY TO USE THE SDK, EVEN IF HITRUST AND/OR ITS RESELLER(S) HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF. IN NO CASE SHALL HITRUST OR ITS RESELLER(S)’ TOTAL LIABILITY EXCEED THE PURCHASE PRICE YOU PAID FOR THE SDK.

11. Termination. Your license to use the SDK may be terminated by HiTrust and/or its reseller(s) at any time if you violate this agreement. Upon termination, you must destroy or return to HiTrust all copies, components and additional information in connection with the SDK.

12. Governing Law. Interpretation of this agreement will be governed by the laws of Taiwan, excluding its conflict of laws principles and the United Nations Convention on Contracts for the International Sale of Goods. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of this agreement.

You expressly acknowledge that you have read this agreement and understood the rights, obligations, terms and conditions contained herein. By continuing to install or use the SDK, you expressly consent to be bound by the terms and conditions of this agreement.

Updated as of February 11, 2020