Terms of Use

Updated and effective from April 24, 2024

Important Notice: These Terms of Use (hereinafter referred to as "these Terms") constitute the terms governing your (individual, company, or any other entity) use of this Product (as defined in Article 1, Section (1) of these Terms) with Instrumax (as described in the "About Instrumax" section). You must have reached the legal age of majority in your region to access and agree to these Terms.

If you have not reached the legal age of majority, you need the consent of your guardian or the agreement to these Terms on your behalf. Please read these Terms carefully before using your Instrumax product. Your use of an Instrumax product will be deemed as your acceptance of the binding conditions set forth in these Terms.

If you do not agree to these Terms, do not use any Instrumax product. Subject to the product return policy, you may return the Instrumax product to the store where you purchased the device, or an authorized distributor, or a retail store to apply for a refund.

However, please note that if you request a refund from a retail store, you may also need to comply with that store's return requirements.

The product return policy shall comply with the relevant laws and regulations of the country/region of purchase. You may visit the Instrumax website (https://www.instrumax.com.cn) at any time to view a copy of these Terms and may retain a copy of these Terms for future reference.

About Instrumax If you are located in China, "Instrumax" refers to "Instrumax Instruments (Tianjin) Co., Ltd."

I. General Provisions (1) The product referred to in these Terms means: 1. Instrumax equipment and the software contained therein, where software includes but is not limited to code stored on the Instrumax equipment and other embedded software, documentation, interfaces, content, fonts, and any data protected by copyright of Instrumax or its licensors;

2. Updates or upgrades to the products described in item 1 of this section. (2) Unless otherwise agreed, the software contained in these Terms shall be governed by these Terms, regardless of whether it is stored in read-only memory, any other medium, or other forms, or obtained from an authorized online download location of Instrumax.

II. End User Software License Subject to these Terms, you have the right to use the software (as defined in Article 1, Section (1), Item 1) on one Instrumax device or computer on a limited, non-exclusive basis, and may not sell, transfer, or use it for any other commercial purpose.

III. Your Obligations By using this Product and agreeing to these Terms, you warrant that: (1) Without the prior permission of Instrumax, you shall not use Instrumax's technology or intellectual property to develop software, or design, develop, manufacture, sell, or grant licenses for third-party devices/accessories associated with Instrumax product equipment.

(2) You may make one copy of the software and store it on a computer hard drive or other storage medium for archival purposes. However, you shall not distribute or make the software available over a network such that it can be used by multiple devices or multiple computers at the same time.

(3) Without the prior written permission of Instrumax, you shall not sell, rent, lease, lend, sublicense, or distribute all or part of the software to third parties.

However, you may permanently transfer the entire license of the software to another party once and for all when transferring the Instrumax equipment, provided that: 1.

The transfer must include your Instrumax product equipment and all software contained therein; and 2. You do not retain any backup of all or part of the software; and 3. The party receiving the Instrumax product has read and agrees to accept these Terms.

(4) Unless expressly permitted otherwise, you shall not and will not allow any other person to abuse, intrude upon, or otherwise improperly use this Product, including modifying, decoding, copying, disassembling, publishing, publicly disseminating, reverse engineering, decompiling, exporting code, disassembling, or creating derivative works of the software in any way.

(5) In addition, you agree not to use this Product and related updates for the following activities: 1. Copying or using any part of this Product beyond the scope authorized by these Terms; 2.

Providing to third parties or allowing third parties to use all or part of this software (including but not limited to applications, services, codes, and source codes operated under this service) without the written permission of Instrumax;

3. Using this Product in a deceptive manner or for deceptive purposes; 4. Removing any copyright notice or indication contained in this Product; 5. Attempting to destroy, bypass, alter, invalidate, or evade any digital rights management system related to and/or forming an integral part of this Product; 6. Other improper or illegal acts.

(6) When using this Product for storage or copying, you need to obtain authorization from the relevant rights holders in a specific country or region.

(7) If you choose to provide suggestions related to this Product ("Feedback"), you hereby grant to Instrumax an unrestricted, perpetual, irrevocable, non-exclusive, fully paid-up, royalty-free, no-notice-required right to use such Feedback in any manner and for any purpose, including improving this Product and creating other products and services.

(8) You agree to comply with all applicable laws and regulations of the country or region where the Product resides or is used when using the Product, including but not limited to the local laws of the country or region where you reside or where you download or use the Product and services.

IV. Reservation of Rights Instrumax and its licensors own and retain all intellectual property rights and other rights and interests in the visual interface, graphics, design, firmware, software, services, and all other elements of the Product, and reserve any other rights not expressly granted to you in these Terms.

V. Privacy Policy The Instrumax Privacy Policy (hereinafter referred to as the "Privacy Policy") provides information regarding the data collected by Instrumax and how Instrumax uses such data.

When you use this Product, Instrumax will collect data from your device in accordance with these Terms and the Privacy Policy. You can view the details of the Privacy Policy at the following website: https://www.instrumax.com.cn.

VI. Usage Data (1) If you choose to help Instrumax improve its products and services, Instrumax and its affiliates/licensors may collect data from your device for analysis. The collected data includes your device configuration data, application statistics, and error log data. All data will be anonymized before collection and processing.

(2) Instrumax ensures that your data is provided with an appropriate and adequate level of protection as required by all applicable laws and regulations.

When you use the device, data collected from your product device may be processed or transferred to Instrumax and its affiliates/licensors located in countries other than the country where you reside.

This means that such data may be transferred to or accessed from jurisdictions other than the country where you use Instrumax products or services. These jurisdictions may have different data protection laws or may not have such laws.

(3) Instrumax retains your data only for the time necessary to fulfill the purposes set forth in these Terms and the Privacy Policy, unless a longer retention period is required or permitted by law.

Instrumax will take all appropriate technical and organizational steps to prevent unauthorized access or disclosure of your data, but please note that no security measure is completely reliable.

VII. Product Updates (1) To provide you with a better user experience, Instrumax may provide you with product update services, including but not limited to system software updates.

The update service for this Product aims to improve the performance, security, and reliability of the product and equipment.Product updates may be installed in different ways, and software updates include bug fixes, system software updates, and performance enhancements.

(2) Instrumax is committed to ensuring a long service life for our products by periodically releasing software updates containing bug fixes, new features, and security updates.

We promise to provide guaranteed software updates for five years (from product launch), including exciting new features and critical bug fixes to enhance the user experience.

During the aforementioned five-year period, we will routinely and frequently provide software updates to add new features to further improve the user experience, while also fixing any bugs that may exist at that time.

After this period, as long as there are suitable integrated functions supported by the instrument equipment, we will continue to provide upgrade updates with further improvements as appropriate.

At the same time, given the evolving digital threats and the importance of security, Instrumax also commits to providing software security updates for no less than seven years; if we discover new security issues that need patching, we will continue to provide security vulnerability updates throughout the product lifecycle.

(3) Replacement or supplementary product updates provided by Instrumax are subject to these Terms unless such updates are accompanied by separate terms of use, in which case the latter will govern.

If you decide not to download updates provided by Instrumax, you understand and acknowledge that you may expose the product to serious security risks and may cause the product to become unusable or unstable.

Some product features may be limited by software version, so updating to the latest software version can enhance your user experience.

VIII. Product Services (1) This Product enables you to access related Instrumax and third-party applications and services (collectively and individually referred to as "Services") that come with the Product.

However, due to the regional nature of some services, these services may not be available in all languages or in all regions; some features may vary by region, may be restricted, or may not be provided by your service provider.

In addition, you understand and agree that some features of this Product may be affected or limited by device hardware and data access and may not be available on all products. (2) To ensure and enhance your user experience, this Product provides you with system services.

The specific content of each service under this Product is provided by Instrumax and its affiliates/licensors based on actual circumstances. Instrumax and its affiliates/licensors may change the services they provide, and the content of the services may change at any time.

IX. Third-Party Software Statement You expressly understand and agree that Instrumax products do not guarantee the availability of third-party software and will not be liable for product damage resulting from running third-party software on Instrumax equipment.

X. Changes to These Terms We may update these Terms from time to time. We will provide you with appropriate notice as appropriate. For example, we may display relevant notices in the relevant services or on our website, or send you an email or device notification. You can find the date of the last update of the Terms at the top of the page.

Please also visit our website regularly to check for any changes to the Terms. If you continue to access or use the Service or Product after the updated Terms take effect, you will be deemed to have accepted the new Terms. If you do not agree to the new Terms, you must stop accessing or using the relevant Service or Product.

XI. Termination and Continuing Validity (1) These Terms take effect from the first day you install the software. If you fail to comply with any term or condition of these Terms, the Product may be restricted or discontinued.

You must immediately stop using the Product and delete all software and related materials that have been copied and/or installed on your Instrumax device or computer. (2) After termination of these Terms, Sections VI, XII, and XIII shall continue to be effective.

XII. Disclaimer (1) You acknowledge that this Product is provided "as is" without any express or implied warranty of any kind, and to the maximum extent permitted by applicable law, Instrumax, its licensors/affiliates, or copyright holders make no express or implied representations or warranties, including but not limited to warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, confidentiality, and non-infringement of third-party rights.

Neither Instrumax nor any other party warrants that the functions contained in the Product will meet your requirements or that the operation of the Product will be uninterrupted or error-free.

All responsibility and risk for selecting the Product to achieve desired results, and for installing, using, and obtaining results from the Product, are borne by you.

(2) You further acknowledge that during the use and operation of the equipment, you are not allowed to insert body parts or objects into the equipment to avoid potential risks of burns, pinching, or electric shock. All responsibility and risk for personal injury or equipment damage resulting from such actions are borne by you.

XIII. Limitation of Liability (1) Instrumax shall not be liable for any product usage issues arising from abuse, misuse, or unauthorized modification. (2) To the extent not prohibited by applicable law, Instrumax, its employees, licensors, or affiliates shall not be liable for any loss of profits, revenue, sales, data, or costs of procurement of substitute goods or services, property damage, personal injury, business interruption, loss of business information, or any special, direct, indirect, incidental, economic, punitive, special, or consequential damages arising out of the use or inability to use this Product, whether based on any theory of liability (contract, tort, negligence, or otherwise), even if advised of the possibility of such damages.

Some jurisdictions do not allow the limitation of liability for personal injury, incidental, or consequential damages, so this limitation may not apply to you.

(3) The total liability of Instrumax for all your losses (except for personal injury or death caused by Instrumax's negligence, which shall be subject to applicable law) shall not exceed the price you paid for the Instrumax product.

(4) The laws of some countries/regions do not allow the exclusion or limitation of certain warranties, guarantees, or liabilities in terms. If these laws apply to you, all or part of the exclusions or limitations described herein may not apply to you, and you may have additional rights.

Nothing in these Terms affects your statutory rights as a consumer, nor does it affect rights that you cannot agree to change or waive by contract.

XIV. Technical Support Except as expressly provided in the Instrumax Warranty Policy (you can view the details of the after-sales policy at https://www.instrumax.com.

cn), Instrumax has no obligation to provide you with any technical support services for the Product described in these Terms beyond what is required by law.Any oral or written information or opinions given by Instrumax or an authorized representative of Instrumax do not constitute any warranty.

XV. Export Control Unless authorized by applicable law and the relevant laws of the jurisdiction where the Instrumax product is obtained, you shall not use or otherwise export or re-export the Instrumax product.

XVI. How to Contact Instrumax If you have any questions, comments, or suggestions, please contact us through online customer service or send an email to service@instrumax.com.cn.

XVII. Dispute Resolution and Governing Law The verification, interpretation, modification, performance, and dispute resolution of these Terms shall be governed by the laws of the People's Republic of China. If any dispute arises regarding the content or performance of these Terms, it shall be resolved through friendly negotiation.

If negotiation fails, both Instrumax and you may submit the dispute to the China International Economic and Trade Arbitration Commission (CIETAC) for arbitration in accordance with its arbitration rules in effect at the time of applying for arbitration.

The arbitral tribunal shall consist of three (3) arbitrators. Both Instrumax and you have the right to appoint one arbitrator, and the third arbitrator shall be appointed by CIETAC.

The language of arbitration shall be English. All arbitrators must be proficient in English. The arbitration award shall be final and binding on both Instrumax and you.

XVIII. Entire Agreement These Terms and the Privacy Policy constitute the entire agreement between you and Instrumax governing your use of the Product and supersede any prior agreements between you and Instrumax regarding the use of the Product.

When you use or purchase open source software, third-party content, or other services of Instrumax, you may also be subject to other applicable terms and conditions.