Kunpeng BoostKit License Agreement 1.0

1. Application Scope
This License Agreement ("Agreement") is a legal agreement between you (an individual or a business entity) and Huawei Technologies Co., Ltd., including its subsidiaries ("Huawei") for the non-exclusive use of the Kunpeng BoostKit ("BoostKit") on Kunpeng hardware in the People's Republic of China. By downloading, installing, or using the BoostKit, you acknowledge that you have read the terms and conditions set out in this Agreement, and agree to be legally bound by this Agreement. If you do not agree to this Agreement or you do not have the authority to agree to this Agreement, do not install or use the BoostKit. This Agreement does not apply to the open source software included in the BoostKit.

2. Definitions
2.1 BoostKit refers to the BoostKit software, documents, software product serial numbers, and related updates that are developed and maintained by Huawei and released on the website where this Agreement is published, for licensed use on Kunpeng hardware. The BoostKit contains executable file code, source code, sample source code, and the pre-release BoostKit.
Third-party software included in the BoostKit may be governed by separate license terms, including but not limited to third-party license terms. In the event of any conflicting terms between this Agreement and that of a third-party license, the terms of the third-party license prevails only to the extent necessary to resolve the conflict.
2.2 Kunpeng OEM partners refer to Huawei-certified entities that manufacture and sell Kunpeng hardware.
2.3 Independent software vendors (ISVs) refer to entities or individuals that develop and distribute software.
2.4 Authorized users refer to individuals or entities that have entered into this Agreement with Huawei to download and use the BoostKit on Kunpeng hardware.
2.5 Software as a Service (SaaS) refers to the provision of software services over the Internet.
2.6 Object code refers to computer-executable binary program code.
2.7 Source code refers to software code that is written in a programming language, which is not compiled and is human readable.
2.8 Sample source code refers to code that is used as a programming example only and is not tested or verified.
2.9 Pre-release BoostKit refers to materials or parts of the materials identified as pre-release, prototype, alpha, or beta code in product release notes, on Huawei websites, or elsewhere. Therefore, (i) the code in the pre-release BoostKit may not be fully functional or tested and may contain errors or defects; (ii) Huawei may substantially modify the code when developing a production version; or (iii) Huawei does not guarantee that a corresponding production version will be developed or provided.
2.10 Open source software refers to any source code or object code that is subject to an open source license. BoostKit software that is source code but not publicly distributed is not considered as open source software.
Open source license refers to any license that allows (i) reverse engineering on the licensed software, modified parts thereof, or software that is integrated with the licensed software; or (ii) distribution of the licensed software, modified parts thereof, or software that is integrated with the licensed software in the form of source code, or free of charge.
2.11 Kunpeng hardware refers to Huawei-certified hardware devices that integrate Huawei Kunpeng processors, including but not limited to servers, high-performance computing clusters, big data platforms, and distributed storage systems.
2.12 Identifiers in the BoostKit include but are not limited to trademarks.
2.13 Cloud services refer to any services that use Kunpeng hardware to provide IT resources and capabilities.
2.14 Cloud service providers refer to any entities that provide cloud services.

3. License Scope
3.1 For Kunpeng original equipment manufacturer (OEM) partners, subject to the terms of this Agreement, Huawei grants you the right to install the BoostKit in your Kunpeng hardware in the agreed quantity and sell the Kunpeng hardware installed with the BoostKit. You shall not modify or remove any text marks, logos, graphic symbols, and other BoostKit identifiers ("identifiers").
You agree that when selling Kunpeng hardware installed with the BoostKit, you provide the BoostKit with a level of protection that is not less than that specified in this Agreement.
3.2 For ISVs, subject to the terms of this Agreement, Huawei grants you the right to integrate the BoostKit into the software you developed for running on Kunpeng hardware and distribute the software integrated with the BoostKit in the agreed quantity. The distributed pieces of software that contain the BoostKit shall not exceed the agreed quantity of the BoostKit. When distributing the software in compliance with this Agreement, you must ensure that all parts of the software except the BoostKit have substantially different functions from the BoostKit, you do not delete identifiers in the BoostKit, and that you shall provide the integrated BoostKit with a level of protection that is not less than that specified in this Agreement.
3.3 For authorized users, Huawei authorizes you to install and use the BoostKit on Kunpeng hardware in the agreed quantity.
3.4 The quantity specified in this Agreement is the number of copies of the BoostKit authorized by Huawei or the number of copies of the BoostKit that you are allowed to download according to the sale agreement you signed.

4. Limitations
4.1 Unless otherwise expressly set forth herein, you shall not:
(1) use, copy, disclose, distribute, or publicly display the BoostKit;
(2) share, release, lease, or rent the BoostKit to any third party;
(3) transfer your rights and obligations under this Agreement or transfer the BoostKit;
(4) modify, adapt, or translate the BoostKit in whole or in part;
(5) reversely engineer, decompile, or disassemble the BoostKit, or attempt to export the source code of BoostKit in other ways;
(6) circumvent or crack any technical restrictions in the BoostKit;
(7) use the BoostKit on non-Kunpeng hardware;
(8) run software integrated with the BoostKit on non-Kunpeng hardware;
(9) modify or translate software integrated with the BoostKit and then run it on non-Kunpeng hardware;
(10) delete, minimize, block, or modify any notice from Huawei or its suppliers in BoostKit materials;
(11) violate any applicable laws, rules, or regulations in connection with your access to or use of the BoostKit in malicious, deceptive, or other illegal means;
(12) modify, create derivatives of, link, integrate, or distribute the non–open source BoostKit to make any part of it open-source;
(13) separately distribute source code of non–open source software in the BoostKit or integrate it with other software for distribution;
(14) directly or indirectly use the BoostKit as SaaS to allow third parties to access or use BoostKit services;
(15) use the BoostKit obtained under this Agreement for intellectual property right infringement analysis and evidence collection against Huawei or Huawei's customers;
(16) disclose BoostKit-related data without prior written consent from Huawei, including but not limited to performance evaluation data;
(17) use batch download tools or crawler tools to obtain the BoostKit; or
(18) run the BoostKit or software integrated with the BoostKit on non-Kunpeng hardware through dynamic instruction conversion.
4.2 ISVs and authorized users shall not use the BoostKit or the Huawei brand to provide quality assurance for self-developed software or services. You agree to be solely responsible for any updates, support, or other obligations, and liabilities or damage arising from the distribution of your self-developed software or services. You agree to indemnify, defend, and hold Huawei harmless from any claims, lawsuits, or expenses in any dispute or lawsuit arising from your self-developed software and services.
4.3 If the BoostKit you obtained under this Agreement is the pre-release BoostKit, you can copy a reasonable number of copies as agreed and use them for evaluation and test purposes only. You shall not: (i) modify or integrate the pre-release BoostKit into your product; (ii) continue to use the pre-release BoostKit after the commercial BoostKit is released; or (iii) disclose any benchmark or performance results to any third party, or other information related to the pre-release BoostKit. Huawei may, in its sole discretion, waive these limitations in writing. However, if you decide to use the pre-release BoostKit in your product (even if Huawei waives these limitations), you shall acknowledge and agree that you are fully liable for all problems arising from such uses.
4.4 You acknowledge and agree that you use the BoostKit or integrate and distribute the agreed pieces of the BoostKit with your products in compliance with this Agreement. You may require licenses from owners of intellectual property rights applicable to any media decoding, encoding, or transcoding technology (for example, using an audio or video codec) and/or from owners of digital right management functions (if any) for the materials. If any such license is required, you are fully responsible for obtaining any such license and agree to obtain any such license at your own expense. Huawei is not liable for your infringement of the aforementioned intellectual property rights of third parties.
4.5 Huawei grants you a non-transferable right strictly under the terms set out in this Agreement, and shall not be transferred unless you have obtained written consent from Huawei. You may transfer the BoostKit obtained under the scope of this Agreement to another party ("assignee") only when whole or a substantial part of ownership of your whole business or assets is changed, merged, acquired, sold, or transferred. Before you transfer the BoostKit and all your rights under this Agreement to the assignee, you shall notify Huawei in writing (i.e. a letter) and clarify and confirm (i) details of the assignee and your legal entity; (ii) the BoostKit with their serial numbers to be transferred, (iii) that you will not retain any copy of the BoostKit or part thereof, and (iv) that the assignee agrees in writing to be bound by all the terms and conditions of this Agreement.

5. Updates
Huawei reserves the right to update the BoostKit at any time and these changes will become effective immediately. Unless updates contain separate license terms, these changes shall be deemed to be part of the BoostKit governed by this Agreement. Your continued use of the BoostKit will bind you to such changes and you should regularly visit the website to review the latest Terms of Use. Although Huawei usually ensures the compatibility between versions, in some cases, such updates may introduce incompatibility with future versions of the BoostKit.

6. Ownership
All materials related to the BoostKit and all copies thereof are owned by Huawei or relevant parties. Any unauthorized use of the content may violate Huawei's copyright, trademark, or related international laws. You are not allowed to remove any copyright or other proprietary content from the materials, except for the purposes specified herein, and you agree to prevent any unauthorized reproduction. Huawei does not grant you any explicit or implied rights to Huawei patents, copyrights, trademarks, or trade secrets.

7. Feedback
By using the BoostKit, you agree to grant Huawei a non-exclusive, permanent, irrevocable, and free copyright license based on any materials, information, comments, or other forms ("correspondences") you provide to Huawei. Huawei and related partners have the right to copy, modify, create derivatives of, display, disclose, distribute, license, sub-license and otherwise use the correspondences and data (image, audio, text, and other content) and derivative works, for any and all commercial or non-commercial purposes in any medium. If the correspondences you provide to Huawei based on your use of the BoostKit are feature- and function-related, you hereby grant Huawei non-exclusive, permanent, irrevocable, free patent licensing and sub-licensing rights.

8. Confidentiality Obligations
If you do not enter into a separate non-disclosure agreement with Huawei for the use of the BoostKit, the following terms of this Agreement shall apply to your use of the BoostKit. The BoostKit specified in this Agreement shall be regarded as confidential information belonging to Huawei. It shall be used only for purposes specified in this Agreement. You must protect Huawei's confidential information with a reasonable degree of caution that is at least equivalent to the degree of caution with which you protect your own confidential and proprietary information. You may disclose confidential information only to employees who understand and agree to comply with the confidentiality terms. You are liable for any violation of this Agreement by such employees. In this Agreement, the term "employees" includes your independent contractors who have signed a non-disclosure agreement with you.

9. Limitation or Exclusion of Liabilities
9.1 Under no circumstances shall Huawei be liable, directly or indirectly, for any damage or incidental, consequence, special or other loss caused or alleged to be caused by or in connection with use of or reliance of the BoostKit under this Agreement. The above losses or damages include but are not limited to any of the following loss or damage foreseen, foreseeable, known or otherwise: (i) income; (ii) actual or anticipated profits; (iii) use of currency; (iv) expected savings; (v) business; (vi) opportunities; (vii) goodwill; (viii) software use; (ix) damage to reputation; (x) data corruption; or (xi) any consequential, incidental, or special damage and loss.
9.2 On the premise that you fully comply with this Agreement, if a third party claims compensation from you for infringement of the intellectual property rights of the third party in the People's Republic of China caused by your payment to Huawei for using BoostKit, Huawei shall defend or settle such lawsuits at its own expense and compensate you for the direct losses based on the final judgment or Huawei's consent to the settlement, provided that: (i) you immediately notify Huawei in writing after receiving the aforementioned claim so that Huawei has sufficient time to respond to the claim; (ii) you give Huawei full control over the defense or settlement of the claim, and you shall not engage in any behavior that undermines Huawei's defense or settlement of the claim; (iii) you provide Huawei with the information, materials, evidence, authorization, and assistance required for Huawei's defense or settlement, and provide Huawei with full cooperation; (iv) and the use of the BoostKit does not exceed the software maintenance period released by Huawei. Huawei defends or settles such lawsuits at its own expense and compensates you for the direct losses based on the final judgment or Huawei's consent to the settlement. The total amount of compensation shall not exceed the expense you pay to Huawei for using the BoostKit. Without Huawei's prior written consent, you shall not acknowledge or admit such claims or lawsuits, or reach any settlement or make any compensation or commitment to any of the aforementioned claims, prosecutions, or lawsuits. Otherwise, Huawei reserves the right to deny such compensation to you.

10. No Warranties
10.1 This Agreement is "as-is" without any warranty, explicit or implied, including warranties or conditions of merchantability, fitness for any particular purpose, non-infringement, or any warranty arising out of any course of transaction, trade use, proposal, specification, or sample. 
10.2 Unless otherwise specified by laws, Huawei does not warrant that (i) the software (including but not limited to third-party software or open-source software) in the BoostKit will be uninterrupted or error-free; (ii) fixes will be tested or all errors will be corrected in the event of major software vulnerabilities that have impacts on other products during the BoostKit lifecycle; and (iii) the BoostKit or any device, system, or network that uses the BoostKit will not be intruded or attacked, because transfer of information over the Internet is not completely secure.

11. Term and Termination
11.1 This Agreement is effective from the date you acknowledge or accept this Agreement or otherwise use the BoostKit. If you violate any terms or conditions of this Agreement and such violations are not corrected within thirty (30) days after receiving written notice from Huawei, Huawei holds the right to immediately terminate this Agreement and you shall bear the losses incurred to Huawei, including litigation costs and attorney fees.
11.2 If you initiate a lawsuit against Huawei or against the BoostKit used by a third party within the term of this Agreement, this Agreement shall be automatically terminated from the date you initiate the lawsuit.
11.3 You agree to provide the BoostKit with at least the same protection as that provided by this Agreement. In the event of any violation to the terms of this Agreement or the intellectual property rights of the BoostKit when your customers sell or use the BoostKit-integrated software you developed or Kunpeng hardware installed with the BoostKit, you will take measures to stop the behavior immediately. If you fail to take effective measures, Huawei may terminate this Agreement. You shall bear the losses caused to Huawei by the above behavior, including litigation costs and attorney fees.
11.4 In addition, you agree that Huawei has the right to seek injunctive relief.
11.5 Upon termination of this Agreement, you shall immediately return or destroy the BoostKit, all related materials, and copies thereof. In such event, any copy of the BoostKit distributed by you in compliance with the terms and conditions of this Agreement prior to the termination date shall survive any termination.
11.6 Terms 1, 5, 6, 7, 8, 9.1, 10, 11, and 12 herein shall survive the expiration or termination of this Agreement.

12. Audit
You agree that Huawei has the right to audit your use of the BoostKit thirty (30) days after sending a written notice to you. The audit focuses on but is not limited to software uses, application scenarios, backup and archiving records, and the number of times the software is installed, copied, and distributed. Huawei has the right to designate a third-party agent to exercise the above audit rights. You agree to cooperate with Huawei's audit and provide reasonable assistance and provide Huawei with information including but not limited to ledgers, reports, contracts, technical support documents, and order reporting systems.

13. Export Control
13.1 You agree that the BoostKit governed by this Agreement shall only be used on Kunpeng hardware in the People's Republic of China. If you are an authorized user and a cloud service provider, you agree to run services supported by the BoostKit only in the People's Republic of China.
13.2 You agree that the export and re-export of the BoostKit governed by this Agreement shall be subject to export control laws. Any export or re-export of the BoostKit or products integrated with the BoostKit must not violate the applicable laws or be used for any purpose prohibited by such laws.

14. General Terms
14.1 This Agreement shall be interpreted, understood and governed in accordance with the laws of the People's Republic of China, and will not satisfy the laws of any other country. Any dispute between the parties arising out of this Agreement, if they cannot be settled through friendly negotiation, shall be governed by a court with jurisdiction in Shenzhen, Guangdong Province of the People's Republic of China.
14.2 If any term of this Agreement is invalid, illegal, or unexecutable, both Parties shall make amendments to replace the invalid terms according to the original intent. The effectiveness and enforceability of the remaining terms herein will not be affected.

