Kunpeng BoostKit License Agreement 2.0
This User License Agreement (hereinafter referred to as "This Agreement") is an agreement between an authorized user (hereinafter referred to as "You") and Huawei Technologies Co., Ltd. (hereinafter referred to as "Huawei") on the use of the Kunpeng BoostKit.

1. Scope 
1.1 Please read this Agreement carefully before you download or install or use Kunpeng BoostKit. Your downloading or installing or using Kunpeng BoostKit will be deemed to have accepted this Agreement. If you do not agree to this Agreement, do not download or install or use Kunpeng BoostKit.
1.2 Authorized users in this Agreement refer to individuals, companies, or other entities that sign this Agreement with Huawei to download, install and use Kunpeng BoostKit on Kunpeng hardware.  Authorized users include but are not limited to end users.
1.3 "Kunpeng BoostKit" in this Agreement refers to the Kunpeng BoostKit software, documentation, software product serial numbers, and updates or upgrades owned, controlled, or authorized by Huawei during the term of this Agreement. The Kunpeng BoostKit licensed under this Agreement includes binary files, sample source code.

2.License
2.1 Unless otherwise specified in this Agreement or you and Huawei sign another written license agreement, Huawei, acting for itself, hereby grants you a worldwide, non-exclusive, revocable, non-assignable, sublicensable, royalty-free license that enables authorized users to use Kunpeng BoostKit on Kunpeng hardware.
2.2 Nothing under this Agreement shall be construed as a transfer of the ownership, or a grant of a license, any Intellectual Property Rights other than the rights granted in Section 2 of this Agreement. 

3.Restrictions
3.1 Without Huawei's prior written consent, you shall not sell, rent, lend, share, disclose, sublicense, or distribute all or part of the Kunpeng BoostKit to third parties for profit purposes.
3.2 Without the prior written consent of Huawei, you shall not and will not allow any other person, company, or any other entity to perform the following activities on Kunpeng BoostKit:
3.2.1 Reverse engineering, decompilation, and disassembly;
3.2.2 Adapt, translate, modify or create derivative works on the basis of Kunpeng BoostKit;
3.2.3 Obtaining or attempting to obtain the source code of the Kunpeng BoostKit, decoding, or modifying the Kunpeng BoostKit or any part of the Kunpeng BoostKit;
3.2.4 Remove, block, minimize or modify copyright notices, reminders, notices and other legal notices contained within Kunpeng BoostKit;
3.2.5 Attempt to destroy, bypass, change, or circumvent any technical restrictions related to Kunpeng BoostKit;
3.2.6 Use the Kunpeng BoostKit obtained based on this Agreement to analyze and collect evidence against Huawei or Huawei's customers for IPR infringement.
3.2.7 Disclosing Kunpeng BoostKit-related data, including but not limited to performance evaluation data, without Huawei's written consent;
3.2.8 Integrate the Kunpeng BoostKit into malicious, fraudulent, or illegal products, or use the Kunpeng BoostKit in any illegal manner;
3.2.9 Other acts that are beyond the scope of authorization hereunder, or that violate laws, regulations, public order and good customs.

4.Limitation of liability
4.1 Huawei does not provide any warranty or vulnerability fixing services for the Kunpeng BoostKit licensed under this Agreement, and does not assume any liability for faults occurring during the use of the Kunpeng BoostKit. Huawei will independently determine and provide mitigation measures or fixing solutions for software vulnerabilities occurring during the Kunpeng BoostKit lifecycle. Huawei does not guarantee that all vulnerabilities and errors will be tested and corrected. Due to the emergence of new intrusion and attack technologies, Huawei does not guarantee that Kunpeng BoostKit or any device, system, or network using Kunpeng BoostKit will not be compromised or attacked. You are not entitled to claim compensation, repair, or replacement from Huawei due to the quality problems of Kunpeng BoostKit. If a third party suffers losses or is claimed by you during your use of Kunpeng BoostKit, you shall compensate the third party for the losses. Huawei shall not bear any liability for the losses.
4.2 The Kunpeng BoostKit licensed under this Agreement is irrelevant to the quality of your products integrated with the Kunpeng BoostKit. Huawei makes no express or implied warranty for your products. include, but not limited to, warranties of merchantability, satisfaction of quality or fitness for a particular purpose or any warranty of non-infringement. This license does not mean that the quality of your product has been certified by Huawei or the performance of your product has been guaranteed by Huawei. You agree that you can perform publicize only based on the fact that Kunpeng BoostKit is compatible with Kunpeng hardware. You cannot use any other false publicity such as expansion or false publicity.
4.3 Huawei does not make any express or implied warranty for the Kunpeng BoostKit that you obtain under this Agreement, including but not limited to any assets or materials, information, text, graphics, links, or other items provided on the Website. include, but not limited to, warranties of merchantability, satisfaction of quality or fitness for a particular purpose or any warranty of non-infringement. Huawei does not guarantee the operation, functionality, or usability of the website, nor does it guarantee that the website is free of viruses or that any defects on the website will be rectified.
4.4 If you are creating or as part of a safety critical application using Kunpeng BoostKit, it is your responsibility to design, manage and ensure that system-level protection measures are in place to anticipate, monitor, and control system failures in order to meet functional safety standards or requirements. And you agree that you are solely responsible for all applicable regulatory standards and security-related requirements related to your use of Kunpeng BoostKit in security-critical applications, and Huawei makes no warranty in respect thereof.
4.5 If you use Kunpeng BoostKit with third-party products, you are responsible for complying with the terms and conditions of any third-party providers. Huawei does not provide support or guarantee for the third-party products or the compatibility of third-party products with Huawei software. If you need to obtain additional licenses from any third party, you shall be fully responsible and agree to obtain any such licenses at your own expense. Huawei shall not be liable for your acquisition of licenses or possible infringement of the intellectual property rights of third parties.
4.6 The Kunpeng BoostKit licensed under this Agreement may contain open source software, third-party software, etc. You are responsible for complying with the corresponding open source license agreement, third-party software license agreement, etc. You shall be fully responsible for and agree to obtain any such license at your own expense. Huawei shall not be liable for your license acquisition and possible infringement of the intellectual property rights of third parties. In the event of any conflict between the terms in the agreement between the open source software and third-party software used by Kunpeng BoostKit and the terms in this agreement, the former shall prevail.
4.7 Under no circumstances shall Huawei be liable for any direct, indirect, incidental, consequential, special, or other loss or damage arising out of or related to your use of the Kunpeng BoostKit or distribution of the Kunpeng BoostKit in accordance with this Agreement, including but not limited to: Any of the following loss or damage: (whether such loss or damage is foreseeable, foreseeable, known or otherwise) (i) loss of income; (ii) actual or anticipated loss of profits; (ii) loss of use of currency; (iv) loss of anticipated savings; (v) loss of business; (vi) loss of opportunity; (vii) loss of goodwill; (viii) loss of use of the Software; (ix) loss of reputation; (x) loss, damage, or data corruption; (xi) direct or indirect loss caused by the integration of Kunpeng BoostKit; or (xii) any indirect, incidental, special or consequential loss.

5.Update of materials
5.1 Huawei may update the Kunpeng BoostKit at any time. Such updates shall be deemed to be part of the Kunpeng BoostKit in this Agreement and shall be applicable to this Agreement. You agree that Huawei updates Kunpeng BoostKit without prior notice. Although Huawei usually guarantees the compatibility of Kunpeng BoostKit versions, it is not ruled out that in some cases, Huawei's updates to Kunpeng BoostKit will introduce incompatibility with future Kunpeng BoostKit versions.
5.2 Huawei may upload the modified version to Huawei's official website (https://www.hikunpeng.com/en/developer/boostkit/software/protocol) or notify you of the modified version of this Agreement, including the documents and policies mentioned in this Agreement. The modified terms will take effect upon the release or notification. If you continue to use Huawei software after the modified terms take effect, it will be deemed that you accept the modified terms.

6.Export control
6.1 You agree that the export and re-export of Kunpeng BoostKit specified in this Agreement may be subject to laws related to export control. Any export or re-export of Kunpeng BoostKit or products integrated with Kunpeng BoostKit shall not violate the above laws or be used for any purpose prohibited by the above laws.

7.Feedback
7.1 You agree to grant Huawei a non-exclusive, permanent, irrevocable, and royalty-free license based on any materials, information, comments, suggestions, or other information you provide to Huawei by using Kunpeng BoostKit. Huawei may copy, modify, create derivative works, publicly display, disclose, distribute, and license the information provided by you, and use the information and all the data, images, sounds, texts, and other materials contained therein, as well as derivative works, for any commercial or non-commercial purposes. 

8.Defaults
8.1 If Huawei suffers losses or claims by third parties due to your breach of this Agreement, you shall respond to the lawsuit and defend Huawei, or cooperate with Huawei to defend Huawei's interests at the request of Huawei, so as to protect Huawei's interests from any damage. and compensate Huawei for all expenses and expenses incurred by Huawei, including but not limited to legal fees, attorney fees, settlement fees, and compensation fees.
8.2 If Huawei has reasonable grounds to believe that you have violated relevant laws and regulations, this Agreement, or policies released by Huawei, Huawei has the right to take measures, including but not limited to changing or revoking the license under this Agreement, rescinding this Agreement, and/or demanding compensation from you.

9.Termination of this Agreement
9.1 This Agreement takes effect as of the date when Kunpeng BoostKit is downloaded, installed, and used.
9.2 This Agreement shall automatically terminate upon the occurrence of any of the following:
9.2.1 If you initiate a lawsuit against Huawei or a third party authorized by Huawei to use Kunpeng BoostKit during the term of this Agreement, this Agreement shall automatically terminate on the date you initiate the lawsuit.
9.2.2 Either party to this Agreement declares bankruptcy or enters liquidation or dissolution procedures.
9.3 This Agreement shall be terminated immediately or within a specified period of time after the notice is published on Huawei's website or by other means in the event of any of the following situations:
9.3.1 If you have breached any of the terms and conditions of this Agreement, or if you explicitly state or act as an indication that you will not perform your obligations under this Agreement, and such breach has not been rectified within thirty (30) days after Huawei's written notice, Huawei may terminate this Agreement immediately by notice and you shall bear any loss caused to Huawei.
9.3.2 During the execution of this Agreement, if Huawei deems it necessary to terminate this Agreement in advance, it shall notify the other party in writing thirty (30) days in advance. This Agreement shall be terminated thirty (30) days after the other party receives the written notice.
9.4 If the performance of this Agreement cannot be continued due to force majeure or accidents, or if the performance of this Agreement is unnecessary, both parties may terminate this Agreement immediately by notice in writing.
9.5 In addition to the above agreement, this Agreement may be terminated by mutual agreement in writing.
9.6 After the termination of this Agreement, any Kunpeng BoostKit distributed by ISVs and Kunpeng OEM partners certified by Huawei prior to the termination date in accordance with the terms and conditions of this Agreement shall remain valid after the termination of this Agreement. However, upon termination of this Agreement, you shall immediately return or destroy the Kunpeng BoostKit and all copies thereof and shall not integrate all or part of the Kunpeng BoostKit into the Product for redistribution.
9.7 Articles 1, 3, 4, 5, 6, 7 and 8 of this Agreement shall survive the expiration or termination of this Agreement.

10.General Terms
10.1 Non-Transferable. Without Huawei's prior written consent, you shall not transfer or otherwise transfer all or part of this Agreement to any third party, including your affiliates.
10.2 Validity of the Agreement. This Agreement contains restrictions on the use of Kunpeng BoostKit. If you purchase Huawei software through Huawei resellers/partners, your use of Huawei software shall still be subject to this Agreement. If the agreement between you and Huawei's resellers/partners on the use of Huawei software is inconsistent with the terms described in this Agreement, please note that the terms of this Agreement shall prevail.
10.3 Application of Law and Jurisdiction. This Agreement shall be construed, understood and governed by the laws of the People's Republic of China. In the event of any dispute concerning the content or performance of this Agreement, it shall be settled through friendly negotiation. If the dispute cannot be settled through negotiation, either party may submit the dispute to the people's court with jurisdiction in Shenzhen, Guangdong Province, China for settlement.
10.4 Entire Agreement. This Agreement is by reference. (including references to information quoted in web links or other policy information quoted) The inclusion of policies and documents in this document constitutes the complete agreement between you and Huawei on the use of Huawei Software. This Agreement supersedes, terminates and replaces all prior or contemporaneous representations, communications, understandings and commitments, written or oral, between you and Huawei. When you use or purchase open source software, third-party content, or other Huawei services, you may also be subject to other applicable terms.
