_{Revised Nov 7, 2023 (PT)}

End-User License Agreement (EULA)

These End-User License Agreement, together with any applicable Service Descriptions (as defined in Section 1.1) and other attachment attached hereto or otherwise made a part of these End-User License Agreement ("Agreement") is entered between ClashT (from v1.19.0) provided by DryPeng, outside developers (as defined in Section 1.2) and all other software testers ("We", "our" or "us"), and other software forks or modifications derived from ClashT by others ("Derivative", Derivative and ClashT collectively as "ClashTs"), and Derivative developers ("Non-Developer"), and the party entering into Releases page or a webpage with a Releases page entry ("User") as may be identified in this Agreement (each a “Party” and collectively as the “Parties”) and is effective as of the User download ClashT date (“Effective Date”). The purpose of this Agreement is to provide a framework governing User use ClashT. We rejects any terms and conditions contained in User's issues and Non-Developer repository document that are additional to or different from those set forth in these End-User License Agreement. We, Non-Developer and User agree as follows:

AGREEMENT, OUTSIDE DEVELOPERS AND NON-DEVELOPER
1. Agreement. This Agreement contains GPLv3.0 license but User do not need to agree.
2. Outside Developers. In order to improve the user experience, DryPeng will look for developers who are not part of DryPeng to develop ClashT. When Non-Developers are invited by DryPeng for outside developer, they will no longer belong to the Non-Developer category (belonging to We, our or us) until the developer withdraws on his own or is invited out (as defined in Section 1.3) by DryPeng.
3. Outside Developers Invited Out. In order to ensure the security and stability of ClashT, DryPeng will decide whether to invite out outside developers when the following situations occur:
  1. Violation of Agreement.
  2. Violation of Github terms.
  3. Violation of Microsoft terms.
  4. Serious conflict within the other developers.
  5. Situations agreed between DryPeng and other outside developers or User.
4. Non-Developers. All Non-Developers should develop "Derivative" under the GPLv3.0 license.
RESPONSIBILITIES OF USER
1. Software. We are responsible for maintaining ClashT in accordance with the terms of this Agreement. User agrees not to decompile, misuse or tamper with ClashT.
2. Acceptable Use. User will not use the ClashT for life support, life sustaining, nuclear or other applications in which failure of such software could reasonably be expected to result in personal injury, loss of life or catastrophic property damage. User agrees that we is not liable, in whole or in part, for any claim or damage arising from use of ClashT in such applications.
REPRESENTATIONS, WARRANTIES AND COVENANTS
1. Mutual Representations and Warranties. Each Party represents, warrants and covenants that, as of the Effective Date and continuing throughout the term of this Agreement:
  1. It is an organization duly formed, validly existing and in good standing under the laws of the state in which it is formed, and in good standing in each other's jurisdiction where the failure to perform in good standing would have a material adverse effect on its business or its ability to perform its obligations hereunder.
  2. It has all necessary organizational power and authority to enter into this Agreement and each Order and to perform its obligations hereunder, and the execution of this Agreement and each Order and consummation of the transactions contemplated thereby have been duly authorized by all necessary organizational actions on its part.
  3. This Agreement constitutes a legal, valid and binding obligation of such Party, enforceable against it in accordance with its terms.
  4. It shall comply with all laws in connection with the Services and otherwise under this Agreement.
We Representations, Warranties and Covenants. We represents, warrants and covenants that:
1. Disclaimer of Warranties. User assumes total responsibility for use of the ClashT and any applicable equipment. We has no responsibility for the security, loss, intrusion or unauthorized access of stored data or any loss or damage caused by any action, omission or failure to comply with the terms of this Agreement by User. ALL PRODUCTS AND SERVICES PROVIDED OR OTHERWISE MADE AVAILABLE BY US ARE PROVIDED ON AN “AS-IS” BASIS, AND WE MAKES NO WARRANTY TO USER OR ANY OTHER PERSON OR ENTITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS TO ANY SERVICE, THIRD PARTY PRODUCT, OR EQUIPMENT PROVIDED HEREUNDER OR DESCRIBED HEREIN, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY US ARE HEREBY EXCLUDED AND DISCLAIMED.
LIMITATIONS OF LIABILITY
1. No Liability for Certain Actions. DryPeng shall not be liable to User for any claims or damages resulting from or caused by:
  1. unauthorized access to transmission facilities or premises equipment, or for unauthorized access to or alteration, theft, or destruction of data files, programs, procedure, or information through accident, wrongful means or devices, or any other method where such unauthorized access is due to User’s fault, negligence or failure to perform User’s responsibilities;
  2. User's fault, negligence or failure to perform User’s responsibilities
  3. claims against User by any other party;
  4. any act or omission of any other party;
  5. equipment or services furnished by a third party. DryPeng is not responsible for User Data or the content of any other information transmitted or received through the ClashTs.
2. Limitation of Actions. Neither Party may bring any action, regardless of form, arising out of or relating to this Agreement more than three (3) months from the date on which the cause of action arose.
TERM
1. Agreement. This Agreement shall commence on the Effective Date and continue until the last use.
GENERAL PROVISIONS
1. Assignment and Binding Nature. User shall not assign, voluntarily or by operation of law, any of its rights or obligations under this Agreement without the prior written consent of DryPeng. DryPeng may upon prior written notice to User, assign all of its rights and obligations under this Agreement to any entity which effects a merger transaction with DryPeng. Subject to the foregoing, this Agreement shall be binding on the Parties and respective successors and assigns.
2. Amendments. DryPeng may update, modify, add, or delete this Agreement at any time and such update shall be reflected on DryPeng's page. User’s continued use of the ClashTs following any change to the Agreement constitutes acceptance of the Agreement.
3. No Third-Party Beneficiaries. Nothing in this Agreement creates, or will be deemed to create, third-party beneficiaries of or under this Agreement. USER AGREES THAT WE HAS NO OBLIGATION TO ANY THIRD PARTY BY VIRTUE OF THIS AGREEMENT.
4. Relationship of Parties. Nothing contained in this Agreement shall be construed to create a partnership, agency, joint venture, or employer/employee relationship between the Parties. Neither Party has the authority to assume or create any obligation or responsibility, express or implied, on behalf of, or in the name of, the other Party or to bind such other Party in any way. Each Party shall be responsible for the actions of, and its obligations to, its own personnel, contractors, and subcontractors including obligations relating to the following, as applicable: payments, wages, taxes, withholding, insurance (including, without limitation, workman’s compensation), and hours and conditions of employment.
5. Waiver. The failure by any Party to this Agreement to insist upon strict performance of any provision of this Agreement will not constitute a waiver of that provision. All waivers must be in writing to be enforceable hereunder.
6. Interpretation. The descriptive headings of this Agreement and of any Service Description or Exhibit under this Agreement are for convenience only and shall not affect the construction or interpretation of this Agreement. As used herein, "include" and its derivatives ("including", "e.g.") shall be deemed to mean "including, but not limited to." Each Party acknowledges that this Agreement has been the subject of active and complete negotiations, and that this Agreement should not be construed in favor of or against any Party by reason of the extent to which any Party or its professional advisers participated in the preparation of this Agreement. At the same time, DryPeng has the final interpretation right of all parts of this Agreement.
7. Severability. If any provision of this Agreement shall be declared invalid, illegal or unenforceable under applicable law, said provision shall be ineffective only to the extent of such declaration and such declaration shall not affect the remaining provisions of this Agreement. In the event that a material and fundamental provision of this Agreement is declared illegal, invalid or unenforceable under applicable law, this Agreement will be enforced.
8. Governing Law. This Agreement shall be governed by the laws of California, USA. However, in the event of any conflict of laws, no country/state government shall govern the contents of this Agreement. At the same time, in any case, the final interpretation of this Agreement belongs to DryPeng.
9. Dispute Resolution - Arbitration; Class-Action Waiver, and Jury Waiver. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including the interpretation, enforcement and any alleged breach thereof) or ClashT shall be administered by DryPeng. The one exception to the exclusivity of arbitration is that either Party has the right to bring an individual claim against the other in a smallclaims court of competent jurisdiction, or, if filed in arbitration, the responding Party may request that the dispute proceed in small claims court if the Party’s claim is within the jurisdiction of a small claims court. If the responding Party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed, and if requested after the appointment of the arbitrator, the arbitrator shall determine if the dispute should be decided in arbitration or if the arbitration should be administratively closed and decided in small claims court. Whether User chooses arbitration or small-claims court, User may not under any circumstances commence or maintain against DryPeng any class action, class arbitration, or other representative action or proceeding. By using ClashTs, User agrees to the above arbitration terms. In doing so, USER GIVES UP THE RIGHT TO GO TO COURT (except for matters that may be taken to small-claims court). USER ALSO GIVES UP THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. User's rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. The arbitrator can grant any relief that a court can, and decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Any proceeding to enforce arbitration, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against DryPeng may be commenced only in the consent of DryPeng. User hereby irrevocably consents to the jurisdiction for such purposes.
10. Export Matters. Regardless of the reason, We does not provide ClashT to any country that initiated the war, at the same time, the ClashT already provided will be termination support without any notices.
11. Entire Agreement. This Agreement embodies the entire agreement and understanding between We and User with respect to the subject matter of this Agreement and supersedes all prior oral or written agreements and understandings relating to the subject matter of this Agreement. No statement, representation, warranty, covenant or agreement of any kind not expressly set forth in this Agreement will affect, or be used to interpret, change or restrict, the express terms and provisions of this Agreement.
12. Survivability. Each Party’s obligations under Section 4 (We Representations, Warranties and Covenants) and Section 6 (Limitation of Liability) and shall survive the expiration or termination of this Agreement.

In any case, We are not obliged to notify User and Non-Developer of changes about this Agreement.

End-User License Agreement (EULA) ​

End-User License Agreement (EULA)