END USER LICENSE AGREEMENT

TCL End User License Agreement

Important Legal Information

You acknowledge your acceptance of the terms of this End User License Agreement (hereinafter referred to as "this Agreement") by using TCL products, including but not limited to communication devices, accessories, smartphones, tablet PCs, wearables, and any TCL product running Android or other TCL operating systems (hereinafter referred to as "TCL Product").

This Agreement is a legal agreement between you (whether as an individual or a single entity) and Huizhou TCL Mobile Communication Co., Ltd. and all TCL-related entities, affiliates, units, individuals, or parties (hereinafter referred to as "TCL", "we", and "our"), encompassing pre-installed or downloaded software controlled by TCL and/or its third-party suppliers and licensors. It includes software, related media, content, data, printed materials, and electronic documents concerning your use of the TCL Product (collectively referred to as "TCL Software", as defined below). If you do not accept the terms hereof, please do not use the TCL Product or TCL Software.

Please note that you must be of legal age to read and sign this Agreement in your region. If you are under the legal age, you must sign this Agreement with permission from your parents. Specifically, if you are a minor under the age of eighteen (hereinafter referred to as "Minor"), you confirm that you and your parents or legal guardians have jointly read this Agreement, and both you and your parents or legal guardians have read, understood, and agreed to all the terms and conditions hereof.

You agree that if you are a parent or guardian who allows your children to use the TCL Product:

(1) You have informed the minors of the content hereof and supervised their use of the TCL Product;

(2) You will be solely responsible for the access and use of the TCL product by minors. You acknowledge and agree to assume any risks associated with the use of the TCL Product by minors;

(3) You acknowledge and agree to assume any liability arising from the use of the TCL Product by minors, including but not limited to the immediate suspension or termination of this Agreement by TCL in the event that the minors violate any terms of this Agreement while using the TCL Product;

(4) You acknowledge and agree that you are solely responsible for verifying the accuracy and truthfulness of any information provided by minors, and that you will assume any liability that may arise from providing inaccurate, incorrect, or false information; and

(5) You acknowledge and agree that, by permitting a minor to access and use the TCL Product you acknowledge and will be bound by the terms and conditions of this Agreement.

1. TCL Software

The TCL Software mentioned herein refers to:

(1) Operating systems and software provided to you along with the TCL Product and their updates, including but not limited to codes and other embedded software, documentation, interfaces, content, fonts, and any data stored on the TCL Product that is protected by TCL or its licensors' copyright; and

(2) Applications (applicable to Android and iOS devices), including but not limited to codes, texts, audio, music, images, videos, and user interfaces that allow the TCL Product to pair with mobile devices to provide TCL services, for instance, providing your location information, sending and receiving audio information, and video chatting.

The TCL Software does not include software that is protected by third-party copyright and licensed as open-source software by third parties (hereinafter referred to as "Open-Source Software").

2. Intellectual Property

All intellectual property owned by TCL or in connection with the TCL Product (as defined below) are exclusive to TCL and protected by the laws of the People's Republic of China (hereinafter referred to as "Chinese Laws") and international treaties. Intellectual property includes but is not limited to the rights to inventions (patentable or non-patentable), patents, trade secrets, copyrights, software, computer programs, accessories, components and related files, as well as other works (hereinafter referred to as "Intellectual Property").

You shall not infringe upon or otherwise violate the rights protected by intellectual property. In addition, you agree not to (or not to attempt to) modify, create derivative works, reversely engineer, decompile, disassemble, or otherwise attempt to create software source codes. The ownership of intellectual property will not be transferred to you. All rights under intellectual property still belong to TCL.

3. Open-source Software

The TCL Product and/or its updates or upgrades may also include software components protected by third-party copyrights and licensed as open-source software (hereinafter referred to as "Open-Source Software Components"). Such open-source software components are distinguished by the license information provided in the TCL Product, and the license information also specifies the open-source software license applicable to each component. Therefore, your use of the Open-Source Software Components shall apply to the terms and conditions of the open-source software licenses. This Agreement does not change any of your rights or obligations under such open-source software licenses. Where the license terms contained in this Agreement are inconsistent with the license terms of any open-source software components in the open-source software license, the terms of the open-source software licenses shall prevail.

4. Software Modification

TCL shall not be held responsible for any performance issues or incompatibility caused by your modification of registry settings or operating system software. Using custom operating system software may impair the functionality of TCL products and applications. Your carrier may prohibit users from downloading certain applications, such as custom operating systems.

5. Grant of License

TCL grants you a limited, non-exclusive license to install, use, access, display, and run one copy of the TCL Software on a single TCL Product, local hard drive, or the permanent storage medium of another computer. You shall not place the TCL Software on a network for simultaneous use by multiple computers or TCL products. You may make one machine-readable copy of the TCL Software for backup purposes, but the backup copy must retain a statement on the ownership and other proprietary rights set forth in the original copy. Various components of the TCL Software may be subject to the open-source software licenses. The conditions of any open-source software licenses may supersede certain provisions hereof. We will provide you with the applicable open-source software licenses in the "Legal Disclaimer" section of the "Settings" menu of your TCL product.

6. Reservation of Rights and Ownership

TCL reserves all rights not explicitly granted to you in this Agreement. The copyright and other intellectual property laws and treaties protect the TCL Software, TCL, and the ownership, copyright, and other intellectual property rights of the TCL Software. The TCL Software is licensed for use, not for sale.

7. Limitations on End User Rights

You shall neither copy, reverse engineer, decompile, disassemble, or otherwise attempt to reveal the source codes or algorithms of the TCL Software, nor permit or authorize others to do so (except to the extent permitted by applicable laws). You shall neither modify the TCL Software or disable any of their features, nor create derivative works based on the TCL Software. You shall not rent, lease, lend, sublicense, or use the TCL Software for commercial hosting services. You shall not transfer the rights of this Agreement or the TCL Software provided herein to any third party, unless it is associated with the sale of the TCL Product accompanying the TCL Software. In this case, the transfer must include all content of the TCL Software (including all components, media, and printed files, any updates, and this Agreement), and you shall not retain any copies of the TCL software. The transfer cannot be indirect, such as consignment sales. Before obtaining the TCL Software, the receiving end user must agree to all conditions hereof. Your employees are authorized to use the TCL Software in the same manner as you do, and they must comply with these conditions on the same basis. Any actions by your employees that violate these terms shall be deemed your breach of these terms.

8. Update of TCL Software

After you first obtain the TCL Software, TCL can provide the "updates" defined below. Updates include upgrades, supplements, add-ons, error fixes, revisions, deletions, enhancements, and improvements to the TCL Software and related services. This Agreement applies to any updates, unless we provide other terms along with such updates. To use the TCL Software provided through the "update", you must first have a valid license specified by TCL that meets the "update" conditions.

Although updates are generally provided by TCL, updates will only be provided by your network carrier in certain limited circumstances and will be subject to the contract between you and the network carrier. This Agreement does not affect the legal relationship between you and the network provider. The updated information is associated with the device that activates the SIM card, and is stored in your SIM card. If you transfer your SIM card to a new device without updating your service plan, you will not be able to receive updates.

Your TCL product may periodically download certain updates automatically through Wi-Fi or other network connections. You can change the settings in your TCL product to manually download updates. However, such updates may be automatically downloaded and installed due to the importance of promptly obtaining software updates related to security or safety to address critical issues reported by TCL, mitigate certain new threats and vulnerabilities, and provide the latest features. This could limit the functionality of certain software and/or hardware. If the updates may have a significant impact on the TCL Software, TCL will notify you as soon as feasible. We recommend switching to a free Wi-Fi or internet connection to minimize potential unexpected data costs associated with updates. To maximize the use of your TCL product, we recommend that you regularly check for any available updates.

Services and/or functions provided by your TCL product may vary or be limited depending on your country, product model, or network carrier.

The TCL Product may include or be compatible with a type of health and fitness management software (hereinafter referred to as "Fitness Software"). The TCL Product and Fitness Software are not intended for diagnosing diseases or other disorders, nor for curing, alleviating, treating, or preventing diseases or other medical problems. Some data obtained from the Fitness Software is for reference only. The TCL Product is not a medical device and cannot replace your contact with doctors or other medical professionals. Please do not reject or delay seeking medical advice based on any content obtained through the Fitness Software.

TCL shall not be liable for any injury, damage, loss, or expense incurred by the user as a result of services and/or information (including advice, guidance, tips, and/or guidelines), nor for the accuracy of any information provided, obtained, or accessed through the Fitness Software.

9. Authorization and Consent for Data Usage

(1) Privacy Policy: TCL will collect data from you through software or programs installed on your TCL product as per the terms of this section and the privacy policy for the specific TCL product.

(2) To provide updates, you agree that TCL and its affiliates may collect and use the technical information collected during the provision of software product support services related to you, such as IMEI (International Mobile Equipment Identity), device number, model name, customer code, access log, current software version of your device, MCC (Mobile Country Code), and MNC (Mobile Network Code). TCL may use the information to optimize its products or provide you the customized services or technologies. However, we will anonymize such information before disclosure.

10. Internet Access

Certain features of the TCL Software may require your TCL product to have internet access and may be subject to limitations imposed by your network or internet service provider. Unless your TCL product is connected to the internet via Wi-Fi, the TCL Software will access the internet through your mobile network, which may incur additional charges depending on your payment plan. Additionally, the suitability and performance of your TCL product's hardware or data access may affect your experience with certain elements of the TCL Software.

11. Export Control

You acknowledge that the TCL Software is subject to export controls in multiple countries. You promise to comply with all international and domestic laws applicable to the TCL Software, including any export control laws and regulations.

12. Termination

This Agreement shall remain valid until terminated. If you violate any terms and conditions hereof, TCL may automatically terminate your rights hereunder without prior notice. Upon termination of this Agreement, you shall immediately cease using the TCL Software and destroy all copies thereof, in whole or in part. This will not terminate your obligations hereunder and related liability limitation terms.

13. Third-Party Materials

We may use third-party services, companies, organizations, applications, and other affiliated companies to enable, manage, promote, advertise, and manage lottery and giveaways sponsored by TCL, as well as support or optimize the TCL Product. Some of these third parties may receive, collect, and store information on our behalf by leveraging technologies including but not limited to cookies, pixel tags, and log files.

You clearly acknowledge and agree that the use of third-party materials is entirely at your own risk, and you assume full responsibility for any risks related to quality, performance, accuracy, and improper attempts. You agree not to modify, rent, lease, lend, sell, distribute, or create derivative works based on third-party materials in any manner, nor to use third-party materials in any unauthorized way, including but not limited to using third-party materials to spread computer viruses, worms, Trojans, or other malicious software, or to intrude upon networks or impose an undue burden on network capacity. You further agree not to use third-party materials to harass, abuse, stalk, threaten, defame, or otherwise infringe upon or violate the rights of any other party. TCL shall not be liable for any such use or for any harassment, threats, defamation, attacks, infringements, or illegal information or transmissions you may receive as a result of using any third-party materials. Any third-party names, brands, products, or services mentioned in the TCL Product are for your convenience only and do not represent or imply endorsement, sponsorship, or recommendation of third parties or their products and services. You acknowledge and agree that the use of any third-party materials is subject to the terms of use, license agreements, privacy policies, or other agreements of the third-party material provider, and any information or personal data you provide to such third-party material provider, whether knowingly or unknowingly, will be governed by the privacy policy (if any) of the third-party material provider. This Agreement does not affect your legal relationship with these third-party providers.

TCL shall not be liable for any information disclosure or other actions of any third-party material provider. TCL makes no warranties regarding the collection of your personal information by any third-party material providers or the use of your personal information by such third-party material providers.

14. TCL Services

Certain TCL applications and services may be included on or downloaded to your TCL product. The TCL Software can access the TCL homepage, TCL-related applications, or other TCL and third-party services and websites (hereinafter referred to as "Service"). Certain services and applications may not be available in all languages or in all countries.

15. Digital Certificate

You acknowledge and accept that you are fully responsible for your decision to rely on digital certificates issued by TCL or third parties, as well as your use of such certificates. With regard to digital certificates, TCL makes no express or implied warranties or guarantees regarding marketability, applicability for particular purposes, accuracy, security, or non-infringement of third-party rights.

16. Limitation of Liability

You expressly acknowledge that the TCL Software is provided "as is" and "as available". TCL shall not be liable for any damages arising from or related to the use of or the inability to use the TCL Software or any third-party applications, their content, or functionality, including but not limited to damages caused by errors, omissions, interruptions, defects, or delays in operation. Certain jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or other losses, so the above exclusions or limitations may not apply to you. Notwithstanding the foregoing, TCL's total liability to you for all losses, damages, causes of action, including but not limited to those based on contract, tort, or otherwise, resulting from your use of the TCL Software or third-party applications on this mobile device, or any other provision of this Agreement, the above limitations, exclusions, and disclaimers apply to the maximum extent permitted by applicable law, even if any remedy fails of its essential purpose.

17. Restricted Rights of End Users

The TCL Software is granted only with "limited rights" and is considered a "commercial program" consisting of "commercial software" and "commercial software documentation", with all rights granted only as specified in the terms and conditions hereof for all other end users. All TCL software is subject to Chinese Laws.

18. Applicable Laws and Jurisdiction

The conclusion, existence, interpretation, performance, validity, and all aspects of this Agreement shall be governed by Chinese Laws, without regard to the conflict of provisions. This Agreement is not governed by the United Nations Convention on Contracts for the International Sale of Goods. All disputes and conflicts arising from or in connection with this Agreement shall be resolved through amicable negotiation as much as possible. If the negotiation fails, either party shall submit the disputes or conflicts to the court with jurisdiction at the place of execution in Huizhou City, Guangdong Province, China. Notwithstanding the foregoing, the choice of jurisdiction herein shall not affect either party's right to bring a lawsuit in a court of another jurisdiction, such as for claims related to intellectual property infringement or product liability.

19. Integrity and Severability

This Agreement constitutes the entire agreement regarding the TCL Software between you and TCL.

It is a legal agreement between you and TCL regarding the software and the licensor. By using this product or any other TCL products, you agree to accept the terms hereof. If you do not agree to these terms, please do not use the TCL Product or TCL Software.