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Click to download HUAWEI WisePlay DRM Service Agreement.

The following terms (hereinafter referred to as this "Agreement") constitute a legally binding agreement between you and Huawei regarding the HUAWEI WisePlay DRM Service. It is a supplementary agreement to the Agreement on Use of Huawei APIs signed by and between you and Huawei, which is itself supplementary to the HUAWEI Developer Service Agreement. This Agreement stipulates your legal rights and obligations when using the HUAWEI WisePlay DRM Service. By checking the box next to "I have read and agreed" in the AppGallery Connect agreement pop-up window to agree to all applicable agreements to AppGallery Connect services (including this Agreement), or by checking the box next to "I have read and agreed to HUAWEI WisePlay DRM Service Agreement" below this Agreement, or by using the HUAWEI WisePlay DRM Service under this Agreement, it shall be deemed that you have fully understood and accepted the terms of this Agreement, the HUAWEI Developer Service Agreement, and the Agreement on Use of Huawei APIs as of the date of your such acceptance and use ("Effective Date"). Any and all matters unaccomplished herein shall be subject to the HUAWEI Developer Service Agreement and the Agreement on Use of Huawei APIs. If you do not agree to this Agreement, the HUAWEI Developer Service Agreement, or the Agreement on Use of Huawei APIs, you shall stop using the services under the respective agreement(s).

1 Definitions

Unless otherwise specified in this Agreement, the terms in this Agreement shall have the same meaning as those in the HUAWEI Developer Service Agreement and the Agreement on Use of Huawei APIs. Unless otherwise stated, the following terms are defined herein as below:

1.1 "HUAWEI WisePlay Service" or "WisePlay Service" means the services relating to HUAWEI WisePlay DRM provided by Huawei to Developers.

1.2 "WisePlay DRM" means the digital content copyright protection capabilities provided by Huawei to Developers based on China Digital Rights Management (China DRM).

1.3 "DRM Device Certificate" means the digital signature certificate of the device public key that corresponds to the device private key and was granted by a certificate issuer under China DRM. The certificate shall be obtained by terminal device supplier from a certificate issuing agency, and is not covered by this Agreement.

1.4 "Data Content" means the materials distributed in digital form for commercial purposes, including but not limited to videos and audio. It may only be replicated, distributed, transmitted, and played by entities or companies with license or content partners who have been granted the license.

2 License

2.1 Grant of License

(a) Use of license. After you sign this Agreement, Huawei grants you a non-exclusive, non-transferable, non-sublicenseable, and revocable (only in conditions stipulated herein) license in accordance with all terms and clauses hereof and the WisePlay DRM guides released on the official website of HUAWEI Developers, to use the server APIs and device APIs of HUAWEI WisePlay DRM, development guide, and sample code, and protect the videos and audio.

(b) License of patents, copyrights, and trade secrets. After you sign this Agreement, Huawei grants you a non-exclusive, non-transferable, non-sublicenseable, and revocable (only in conditions stipulated herein) license of WisePlay solution patents, copyrights, and trade secrets in accordance with all terms and clauses hereof and the scope of such licenses as well as the warranties of both Parties on non-claiming against each other.

(c) If you or your Affiliates breach this Agreement, Huawei is entitled to withdraw the license specified herein.

2.2 Reserved Rights

Notwithstanding anything to the contrary contained herein, Huawei reserves the licenses of patents, patent applications, copyrights, and trade secrets for any items in addition to those defined in the essential patent claims or other rights not expressly granted in this Agreement.

2.3 Proper Use

You shall abide by the WisePlay DRM guides released on the official website of HUAWEI Developers when using HUAWEI WisePlay DRM. Any operation that exceeds the scope specified therein must be implemented after consultation with Huawei; otherwise, it shall be deemed as a breach of license.

2.4 Representations and Warranties

(a) Huawei represents and warrants that it keeps confidential the registration materials and information provided by you, and protects and keeps confidential any and all the data provided when you are calling APIs.

(b) You represent and warrant that you have the capability and authorization necessary for signing this Agreement as well as exercising and fulfilling all the rights and obligations hereunder, and you acknowledge and agree that this Agreement is legally binding upon you.

3 Rights and Obligations

3.1 Your Rights and Obligations

(1) You undertake to use the WisePlay Service in compliance with any and all applicable laws and regulations. You warrant that your Products do not contain any content that violates any applicable laws, regulations, rules, or other provisions, and do not hide any content that steals or damages Users' data or undermines systems. You shall fully indemnify and hold harmless Huawei from and against any and all losses arising out of or in relation to disputes and legal liabilities incurred by your acts or your Products, and Huawei shall not be held accountable for any such disputes or legal liabilities.

(2) You may not use WisePlay DRM, or any documents or executable binary files related thereto, including but not limited to configuration files for debugging and APK files, for any purposes beyond the scope of this Agreement. You may not overuse the WisePlay Service to call device-side capabilities, which may affect Users' normal use of devices or other app services.

(3) You warrant that your Product does not engage in any illegal activity such as unauthorized fee charging. This does not include necessary data consumption to run normal functions, which you must inform Users thereof in your Product's user agreement or other valid legal documents.

(4) Before using WisePlay DRM, you must have necessary rights (including those obtained from your Users) for us to grant you a license. The content submitted by you may include features of your brand or other parties' brands (if you are an integrator, the brand features of your clients may be included). In the event of claims from third parties incurred by your content or data being sending to WisePlay DRM, you shall indemnify it and hold Huawei harmless against and from any and all direct losses incurred therefrom.

(5) When you use WisePlay DRM, you shall comply with the China DRM standards and your system shall meet the compatibility and robustness requirements of said standards.

3.2 Huawei's rights and obligations

(1) Huawei has the right to examine the content that you release on HUAWEI Developers, its form of presence, and the content that you provide for Users through WisePlay DRM. Huawei is entitled to require you to modify any content or form of presence that violates applicable laws and regulations or agreement provisions. If you refuse to make such modifications, Huawei may terminate this agreement.

(2) Your use of this Service shall comply with the regulations and policies released by Huawei on this Website. Huawei may review your use of HUAWEI WisePlay DRM at any time. If your use of this Service does not comply with Huawei's regulations and policies, or Huawei finds that your use of this Service may have an adverse impact on terminal devices, Huawei may terminate this Agreement. Huawei also has the right to require you to modify or upgrade your Product based on the actual operational performance as well as feedback from markets and Users. If such modifications or upgrades incur expenses, you and Huawei may sign a supplementary agreement separately to specify the details.

(3) Without prejudice to the Agreement on Use of Huawei APIs and the HUAWEI Developer Service Agreement, You expressly acknowledge and agree that, to the extent permitted by applicable law, WisePlay Service and WisePlay DRM, and any associated content, feature, functionality, or materials are provided on an “as is” and “as available” basis. Huawei and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In particular, Huawei makes no warranty that (i) the WisePlay Service and WisePlay DRM will meet your requirements; (ii) your use of the WisePlay Service and WisePlay DRM will be timely, uninterrupted, secure, not capable of circumvention, or free from errors, loss, corruption, attack, viruses, or hacking; (iii) any information obtained by you as a result of the WisePlay Service and WisePlay DRM will be accurate or reliable; and (iv) any defects or errors in the software provided to you as part of the WisePlay Service and WisePlay DRM will be corrected and Huawei disclaims all and any liabilities for loss or damage to You in any way arising from or in connection with the foregoing.

4. Privacy

You acknowledge and agree that both you and Huawei will act as independent data controllers, and process Users' Personal Data in accordance with the applicable laws.

5. Termination of This Agreement

5.1 If either party terminates the HUAWEI Developer Service Agreement or the Agreement on Use of Huawei APIs, this Agreement shall automatically terminate on the same day.

5.2 You may terminate this Agreement by disabling WisePlay DRM for all your apps.

5.3 If Huawei decides to discontinue WisePlay DRM or make major changes to it, Huawei reserves the right to terminate this Agreement after informing you in advance.

5.4 Termination of this Agreement does not entail automatic termination of the HUAWEI Developer Service Agreement and Agreement on Use of Huawei APIs signed by and between you and Huawei.

5.5 Upon the termination of this Agreement or at Huawei's request, you shall immediately stop using this Service and return or destroy any and all materials, originals, copies, and abstracts related to WisePlay DRM, and materials containing Confidential Information related to this Agreement that you have obtained from Huawei.

6. Distribution Area and Signing Huawei Entities

You acknowledge and agree that the provisions regarding the distribution area and the signing Huawei entity under this Agreement shall be subject to the Clause of "Contracting Entity" in the Agreement on Use of Huawei APIs.

7. Governing Law and Dispute Resolution

You acknowledge and agree that the provisions regarding the governing law and dispute resolution under this Agreement shall be subject to the Clause of "Governing Law and Dispute Resolution" in the HUAWEI Developer Service Agreement.