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Please read carefully the following provisions of this Terms of Service (“Terms & Condition”). This is a legal agreement made by and among Kimi (collectively, the “Kimi”) and you regarding the use of the Kimi software programs and related doKimimentation being installed by you on your device (the “Software”). By downloading the Software and/or using any of the services enabled by the Software (the “Services”), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS OF USE OR Kimi'S PRIVACY POLICY, YOU MAY NOT USE THE SOFTWARE OR SERVICES AND MUST IMMEDIATELY TERMINATE YOUR USE OF THE SOFTWARE AND ALL SERVICES.
1. Acknowledgment.
This paragraph is intended to apply to you if you have downloaded the Software from the app marketplaces such as the Apple App Store and the Google Play (the “Kimi Platform”). Kimi and you acknowledge that this Terms of Use is concluded between Kimi and you only, and not with the app marketplaces, and as between Kimi and the marketplaces, Kimi, not the marketplaces, is solely responsible for the Software and Services and the content thereof. This Terms of Use is not intended to provide for usage rules for the Software and Services that are less restrictive than the Usage Rules set forth for Licensed Applications in, or otherwise be in conflict with, the Terms of Service of the app marketplaces as of the date hereof (which you further acknowledge you have had the opportunity to review).2. License Grant.
Subject to your compliance with the terms and conditions set out in this Terms of Use, Kimi grants you a personal, limited, non-commercial, non-exclusive, non-sublicensable, non-assignable, revocable license to download, install and use one (1) copy of the Software, in object code format, only on your personal computer or mobile device (the “Device”) for the sole purpose of personally using the Kimi application and any other applications that may be explicitly authorized by Kimi for use through use of the Software, and if you have downloaded the Software from the App Store or the Google Play, as permitted by the Usage Rules set forth in the each app marketplace Terms of Service as of the date hereof, you shall follow the usage rules set forth in this Application Market Terms of Service.
3. Ownership.
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software includes trade secrets and information that is confidential and proprietary to Kimi and you agree to take all necessary actions to protect the confidentiality of such information. All ownership rights in the Software and Services, including any related doKimimentation and any new releases, modifications, and enhancements thereto belong solely to Kimi and its licensors, if any, including all intellectual property rights therein. The Software is licensed, not sold. Title does not pass to you. There is no implied license, right or interest granted in any copyright, patent, trade secret, trademark, invention or other intellectual property right. Kimi hereby expressly reserves all rights in the Software and all Services which are not expressly granted to you hereunder.
4. Restrictions.
You only obtain a license to use the object code version of the Software. You shall not (i) copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software or any of the Services; (ii) sublicense, sublease, lease, lend, assign, sell, license, distribute, rent, export, re-export or grant other rights in the Software or Service and any attempt by you to take such action shall be void; (iii) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software or any of the Services by any means whatsoever; (iv) remove, obsKimire or alter any copyright and/or other proprietary notices contained on or in or otherwise connected to the Software or any of the Services; or (v) use the Software or any of the Services to create or proliferate a virus or to cirKimimvent any copy protection or other digital rights management mechanism.
5. Additional Restrictions.
You further represent that you shall not (i) use the Software or any of the Services for any illegal or unauthorized purpose, (ii) use the Software or any of the Services in any manner which could damage, disable, overburden or impair any of the Services, (iii) transmit worms, viruses or any code of a destructive nature, (iv) display, transmit or share any content consisting of text, sounds, audio, pictures, photos, video and/or any type of materials, information or communications (“Content”) deemed hateful, threatening, pornographic, obscene, abusive, racially or