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8K Live Software License Agreement

The 8K Live Software License Agreement (hereinafter referred to as the “Agreement”) has been entered into by and between you and Arashi Vision Inc. (hereinafter referred to as “Insta360”).

Please carefully read and understand all the rights and restrictions regulated in the Agreement before the Insta360 8K Live Software of Insta360 (hereinafter referred to as the “Licensed Software”) is used.

When the Licensed Software is being installed, you shall carefully read and decide whether to accept or reject the provisions hereof. Unless or until you accept all the provisions hereof, it is not allowed to install the Licensed Software in any computer. In the meantime, while using the Licensed Software, you shall also conform to all the terms and conditions in other agreements (if any) concluded with Insta360, granting you the right to use the Licensed Software or the authorization document (if any) issued by Insta360, proving that you are entitled to use the Licensed Software.


I. Definitions

Licensed Software: refers to the Insta360 8K Live Software of Insta360, which is developed by Insta360, downloaded by you from the downloading platform and is limited to use on a computer running Windows 10 operating system.


II. Scope of Authorization

1.As restricted by the software adaptation platform and specific computer, you understand that you may only use the Licensed Software in the authorized system platform and computer. The installation of the Licensed Software by you in non-authorized platforms or computers could possibly damage hardware or software functions.

2.Insta360 may change, upgrade, modify or transfer the Licensed Software and its relevant functions from time to time, and develop new functions or other services in the system of the Licensed Software. Where no independent agreement is entered into for the above new functions and software services, you shall still acquire an authorization for corresponding functions or services, and the Agreement may be applicable.


III. Application Specifications

1.You shall use the Licensed Software in a normalized manner. In case of any behavior below, it shall be deemed to be against the application specifications:

(1) Download or use the Licensed Software in violation of applicable laws, including local laws of the country or region in which you reside or in which you download or use the Licensed Software;

(2) Without permission, lease, lend, copy, modify, link, reprint, assemble, give out, publish, or establish a mirror image website for the Licensed Software and its relevant information, or develop any derivative product, work, service, plug-in, add-on, compatible software or interconnection related to the Licensed Software by virtue of the Licensed Software.

(3) Log in or use the Licensed Software by a third-party compatible software or system not developed, authorized or approved by Insta360 and affiliated companies, or use a plug-in or add-on not developed, authorized or approved by Insta360 and affiliated companies in the Licensed Software.

(4) Delete the copyright information and content from the Licensed Software and other counterparts. Modify, remove or circumvent any technical measures we have in place to protect intellectual property rights in the application product.

(5) Without Insta360’s written consent, lease, lend or sub-license the Licensed Software to any third party, or use different versions of licenses or separately transfer different versions of licenses after the license of the Licensed Software upgrade is obtained. Each user may only use the Licensed Software on one authorized computer at one time.

(6) Copy, disassemble or modify the Licensed Software or its any part or produce any derivative work; Copy, modify, or mount to operate or create any derivative work for any data released in the computer by the Licensed Software or in the course of operating the Licensed Software and the interactive data generated in the computer and server side in the course of operating the Licensed Software, including the access to the Licensed Software and relevant system by plug-in, add-on or unauthorized third-party tool/service.

(7) Have any behavior harming the information network security, including the behavior damaging or destructing the Licensed Software, causing the Licensed Software to be inoperable or overloaded, or disturbing any third party to use the Licensed Software in any form in the course of operating the Licensed Software; Without permission, access the computers of others and delete, modify or add something to the information stored; Deliberately spread any malicious program or virus and have other behaviors damaging or disturbing the normal network information services.

(8) Give out, transmit, spread or store any content impairing the intellectual property rights and trade secret rights of others by virtue of the Licensed Software or carry out any illegal or criminal activity, such as the fraud and embezzlement of others’accounts or funds.

(9) Add, delete or change the functions or operation effect of the Licensed Software by modifying or forging the command, data or data package in the operation of the Licensed Software, and/or spread or operate the software of the above use to the public by information network.

(10) Other behaviors using the Licenses Software in any illegal manner or in any manner inconsistent with that indicated herein for any illegal purpose.

2.You understand and agree that

(1) Insta360 will identify whether you are suspected of having any behavior against the above application specification, and suspend or terminate the license granted to you or adopt other restriction measures that are available as per laws, based on the identification result.

(2) Insta360 will directly delete the information suspected of breaking laws, impairing the lawful rights of others or breaching the Agreement and released while you are using the Licensed Software.

(3) Where you behave against the above application specifications, causing damages to any third party, you need to independently bear all the legal liabilities in a personal capacity, and guarantee to exempt Insta360 from the loss or added expenses generated thereby.

(4) Where you behave against any relevant law or the Agreement, causing Insta360 to incur any loss, any third party to claim against Insta360, or any administrative department to impose a punishment on Insta360, you shall compensate Insta360 for the losses and (or) the expenses generated thereby, including but not limited to any reasonable counsel fees, investigation and evidence collection expenses and so on.


IV. Third-Party Software or Service

1.The Licensed Software may possibly adopt or contain the software or service provided by a third party (hereinafter referred to as “the Service”). The Service is set for your convenience with the legal authorization of such third party.

2.As the third party is the provider of its software or service, you shall enter into a service agreement with the third party, pay corresponding fees (if any) and bear any possible risk when you are using the Service. You shall understand that Insta360 is not entitled to grant you any right for the Service in the Agreement or to make any form of warranty for the Service. Insta360 is unable to provide customer support for the Service. If you need to acquire such support, please directly contact the third party. In terms of any dispute arising from the Service, please directly negotiate with the third party for settlement.

3.You understand that the Licensed Software may only adopt or contain the Service at present. Insta360 is unable to guarantee that the Licensed Software will permanently adopt or contain the Service, or that the Licensed Software may not adopt or contain the software or service of the same or different type provided by the third party, or the software or service of other third parties in the future. Once Insta360 adopts or incorporates the above-mentioned software or service in the Licensed Software, the article shall also be applicable to corresponding software or service.

4.You understand that Insta360 needs to provide your information to the third party, so as to provide you with a better service. You agree to authorize Insta360 to provide the information with regard to your usage of the Licensed Software to the third party as per the Privacy Policy or to acquire the information provided or generated when you register or use the Service from the third party, provided that you use the Service when you are using the Licensed Software. If you don’t want any third party to acquire your information, you may stop using the Service and Insta360 will stop providing your information to the third party.

5.You agree that Insta360 may possibly suspend or terminate the license granted to you or adopt other restriction measures that are available to Insta360, provided that the third party acknowledges that you have behaved against the service agreement concluded by and between you and the third party, stops providing you with the Service and requires Insta360 to handle the case, and the fact that the Service is stopped could possibly affect your continued use of the Licensed Software.


V. Privacy Right Policy and Data

We value the protection of users'personal information, and when we provide services to users through the Licensed Software, we will collect, store, use, share, transfer, publicly disclose, protect and manage users'information and privacy in accordance with relevant laws and regulations. Please see the Insta360 Privacy Policy for details on how we process users'personal information. Users agree to carefully read and fully understand and accept this Privacy Policy and agree that the Insta360 Privacy Policy is an important part of this Agreement. We will stop continuing to collect personal information activities when the user stops using this Licensed Software.


VI. Special Authorization

In terms of content that you submitted and protected by intellectual property rights, such as texts, images and videos, you agree to grant an exclusive, transferable, sub-licensable, royalty-free and global license to Insta360, enabling Insta360 and affiliated companies to use, copy, revise, rewrite, release, translate, distribute, execute and display the materials and data submitted by you or produce any derivative work.


VII. No Warranty and Limitation of Liability

1.Unless expressly specified in relevant laws and regulations, Insta360 will try our utmost to guarantee the Licensed Software and the technologies and information involved to be safe, valid, accurate and reliable. However, as restricted by existing technologies, you understand that Insta360 is unable to provide a warranty for it.

2.You understand that Insta360 is unable to bear any direct or indirect loss incurred by you due to a force majeure event or third-party factor.

3. You shall bear the personal injury or incidental or indirect damages caused by or related to any one of the following behaviors, including but not limited to profit loss, material loss, damages for business interruption or other commercial damages or losses,You shall be liable for damages or other commercial damages or losses resulting from any harm to the functionality and reputation of our software caused by:

(1) Your use or failure to use the Licensed Software;

(2) A third party uses the Licensed Software or changes your data without consent;

(3) The expense and loss generated by using the Licensed Software;

(4) Your misunderstanding of the Licensed Software;

(5) Other losses not caused by Insta360 but related to the Licensed Software.

4. Any other software derived from the Licensed Software not developed and officially issued by Insta360 or not authorized by Insta360 to be developed and officially issued shall be illegal. The downloading, installation or usage of such software may possibly bring an unpredictable risk. All the legal liabilities and disputes caused thereby shall be irrelevant to us. Insta360 is entitled to suspend or terminate the license and/or all other services.

5. When you are interacting with other users of the Licensed Software in the Licensed Software, the party in fault shall legally bear all the liabilities for any psychological and physiological harm and economic loss caused or possibly caused on the grounds that you are misled or cheated.


VIII. Intellectual Property Rights

1.Insta360 is the owner of the intellectual property rights in the Licensed Software. All the intellectual property rights of the Licensed Software, such as copyrights, trademark rights, patents and trade secrets and all the information and content related to the Licensed Software (including but not limited to text, image, audio, video, chart, interface design, layout framework and relevant data or electronic file) shall be protected by the laws and regulations of the People’s Republic of China and corresponding international treaties. Insta360 enjoys the above intellectual property rights, excluding the rights that shall be enjoyed by other relevant right holders in accordance with laws.

2.Without the written consent of Insta360 or relevant right holders, you shall not implement, utilize, assign or permit any third party to implement, utilize or assign the above intellectual property rights for any commercial or non-commercial purpose.

3.In terms of all the content uploaded or released while you are using the Licensed Software and the Service, the intellectual property rights and portrait rights shall not be assigned due to the uploading and release. In the meantime, you understand and agree with Insta360 to use the specific public and non-confidential content released by you to the extent permitted by laws for realizing the product purpose, including but not limited to storage, broadcast to relevant user, acquisition by users and reuse.


IX. Agreement Termination and Liability for Breach of Contract

1.You shall understand that you shall use the Licensed Software within the scope of authorization, respect the software and the intellectual property rights of the content contained in the software, use the software as per specific specifications and perform the obligations as per the Agreement, which is deemed as the prerequisite for you to acquire our authorization and then use the Licensed Software. If you behave against the Agreement, Insta360 can terminate the license.

2.The Licensed Software is downloaded by you from the downloading platform, so you shall abide by the agreement of the downloading platform, system platform and terminal manufacturer on the usage manner and restriction of the Licensed Software. Where any third party above acknowledges that you behave against the agreement, and requires Insta360 to handle the case, Insta360 may possibly terminate the license granted to you as required by the third party.

3.When the license is terminated, you shall stop using the Licensed Software and destroy all the counterparts of the Licensed Software.

4.If you behave against the Agreement, bringing a loss to Insta360 or other users, you must bear all the liabilities for compensation. Where Insta360 bears the above liabilities on behalf of you, you agree to compensate for relevant expenditures and losses incurred by Insta360, including bit not limited to any reasonable counsel fees.


X. Governing Law and Severability

1.The effect, interpretation, alteration, performance and dispute resolution hereof shall be governed by the laws of the People’s Republic of China. Where no relevant laws are available, the common international business practices and (or) industrial practices shall prevail.

2.The Parties shall settle any dispute arising from or in connection with the Agreement through friendly negotiation; where the negotiation fails, the dispute shall be submitted to the People’s Court in Bao’an District, Shenzhen City for judgment.

3.Where any provision hereof is judged by the People’s Court of jurisdiction to be null and void, it shall not influence the effect of other provisions or their any part. You shall still perform such other provisions in good faith with Insta360.


XI. Miscellaneous

1.Insta360 may possibly change the entity providing you with the software service due to business adjustments. The changed entity will jointly perform the Agreement with you and serve you. The above change will not influence your rights and interests hereunder. In case of any dispute, you may determine the entity which shall perform the Agreement with you and the other party in the dispute based on the service you use and the specific behavior influencing your rights and interests.

2.All the headlines hereof are set only for highlighting and convenient reading without any actual meaning, so they shall not be deemed as the basis of interpreting the Agreement.