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Service Agreement of XiamenAcTEC Electronics Co., Ltd.
Welcometo Xiamen AcTEC Electronics Co., Ltd.!
Beforeaccepting the Agreement, you are supposed to thoroughly read all contents ofthe Agreement, and fully know its terms, especially restrictive clauses orexceptions. Restrictive clauses or exceptions are bold or highlighted in otherforms to catch your attention. In case of any doubt for the terms of theAgreement, please contact relevant business department of XiamenAcTEC Electronics Co., Ltd.. You are not allowed to use the service beforeyou have read and accepted all terms of the Agreement, relevant agreements andrules, etc. Once you select "agree and submit the Agreement" (seeregistration page for detailed wordings) and complete the registrationprocedure, or you use the service in any form, it will be deemed that you haveread and agreed with the restriction of the Agreement and rules above. In caseof any breach of the Agreement, Xiamen AcTEC Electronics Co., Ltd. hasthe right to unilaterally restrict, suspend or terminate the service for you,and has the right to investigate your relevant responsibilities.
I.Definitions of Terms
1.1Licensed software refers to software system developed by Xiamen AcTECElectronics Co., Ltd., downloaded and installed and applied in specified systemmobile terminals.
1.2Services refer to services provided for you by Xiamen AcTEC Electronics Co.,Ltd. and its suppliers. You can use such services on the mobile terminal withthe licensed software.
2.1Xiamen AcTEC Electronics Co., Ltd. offers you intelligent life equipmentmanagement services, based on which you can access the intelligent terminals onXiamen AcTEC Electronics Co., Ltd. and its suppliers' smart platformthrough the Xiamen AcTEC Electronics Co., Ltd. Control, and realizeinterlinkage among intelligent equipment. Service contents include intelligentequipment management, scene interlinkage and analysis report, etc. Suchfunctions may be optimized or modified according to changes of users' demandsor judgment of service supplier, and service supply may be suspended due toregular and irregular maintenance.
III.Scope of Service
3.1Please enter the company name grants you with the right to use the productbased on this software.
3.2You are prohibited to license, sell, lease, transfer, issue the product in anyform, or use the product for other commercial purpose. 3.2 Due to limitationson software adaptation platform and terminals, you can only use the licensedsoftware in the authorized system platform and terminal; if you install thelicensed software on other terminal equipment, it may damage your hardware orsoftware function.
3.3You acknowledge that the licensed software can only be used for non-commercialpurpose and installation, application and running of the licensed software isprohibited. If such commercial operation is necessary, prior writtenauthorization and permission from Xiamen AcTEC Electronics Co., Ltd. shall beobtained.
3.4Xiamen AcTEC Electronics Co., Ltd.and its suppliers may change, upgrade ortransfer the licensed software or relevant functions from time to time, and mayadd new functions or services in the licensed software system. If no separateagreements are accompanied with the aforesaid new functions or services, youare entitled to the corresponding functions and services, which is also subjectto the Agreement.
3.5You shall be responsible for the accuracy, reliability, integrity and legalityof input data and legality of the way in which you obtain the data, and shallback up data and information from time to time. You shall bear all risks fordamage and loss of such information.
3.6You shall properly keep your account number and password. In case of any safetyloophole for your account (including but not limited to divulgence of userpassword), you shall notify Xiamen AcTEC Electronics Co., Ltd. in time, andXiamen AcTEC Electronics Co., Ltd. will assist you in taking relevant measures.Otherwise, all behaviors related to your account shall be assumed by you andyou will bear all responsibilities.
IV. AThird Party
4.1You acknowledge that certain service of Xiamen AcTEC Electronics Co., Ltd. andits suppliers is based on software or services provided by a third party. Suchservice is set to facilitate your application and necessary legal authorizationis obtained from the third party.
4.2The product includes certain information and services of the third party.Xiamen AcTEC Electronics Co., Ltd. and its suppliers neither controls nor bearsresponsibility for information and services of the third party.
4.3You acknowledge that Xiamen AcTEC Electronics Co., Ltd. and its supplierscannot guarantee that the licensed software always uses or contains suchservices, or that other software provided by the same third party will be usedin future. Likewise, it may use similar services supplied by another thirdparty. Upon application, the aforesaid corresponding software or services aresubject to this Agreement.
V.Service Application Standard
5.1 Youshall use the licensed software in a normal manner. The following ways are inbreach of the application standard:
1)Issue or share computer virus, worms, malicious codes, or software thatdeliberately damages or changes computer system or data;
2)Collect information or data of other users without authorization, for example,email address and the like;
3)Maliciously use the product in an automatic way, causing over load to theserver, or interfere with or damage web server and network links in otherforms.
4)Attempt to visit server data or communication data of the product withoutauthorization;
5)Interfere with or damage the production application by other users.
5.2You understand and agree that:
1)Xiamen AcTEC Electronics Co., Ltd. will determine whether or not you areinvolved in violation of standards above, and suspend or terminate yourapplication license according to determination results or take otherrestrictions according to agreements.
2)Xiamen AcTEC Electronics Co., Ltd. will directly delete information in breachof laws, or infringing others' legal rights, or in breach of the Agreementissued by you when using the licensed software.
3) Ifa third party suffers from damage due to your breach of application standards,you shall independently bear legal responsibility in your name, and protect andindemnify Xiamen AcTEC Electronics Co., Ltd. from losses or additional expensesgenerated therefrom. Otherwise, Xiamen AcTEC Electronics Co., Ltd. has theright to claim compensation.
4) IfXiamen AcTEC Electronics Co., Ltd. and its suppliers suffers from any loss dueto your breach of relevant laws or the Agreement, you shall compensate XiamenAcTEC Electronics Co., Ltd. and its suppliers for losses and (or) expensesgenerated therefrom.
VI.Information Content Standard
6.1You promise that you will not conduct any act in breach of laws or improperbehaviors by using the service, such act and behavior include (but not limitedto):
6.1.1Uploading, transferring or sharing information containing one of the followingcontents:
1)Opposing the basic principles determined in the Constitution;
2)Endangering state safety, disclosing state secret, subverting state power andsabotaging state unity;
3)Damaging state honor and benefit;
4)Inciting national hatred and discrimination and sabotaging national unity;
5)Destroying religious policy of the state and advocating heresy and feudalisticsuperstition;
6)Spreading rumors, disturbing social order and destroying social stability;
7)Spreading obscenity, porn, gambling, violence , murder and terror or abetting acrime;
8)Insulting or slandering others and infringing on the legal rights and interestsof others;
9)Containing contents of sham, defraudation, harm, threat, infringement toothers' privacy, harassment, infringement, slander, coarseness, indecency, ormorally repulsive contents;
10)Containing other contents restricted or forbidden by applicable laws,regulations, rules, provisions and other legal standards.
VII.Private Policy and Data
8.1Unless otherwise specified in laws and regulations, XiamenAcTEC Electronics Co., Ltd. will do its best to ensure the security,validity, accuracy and reliability of the licensed software and technologiesand information involved, but Xiamen AcTEC Electronics Co., Ltd. isunable to guarantee the same due to restriction by available technologiesnowadays.
8.2 You understand that Xiamen AcTEC Electronics Co., Ltd. will notassume responsibility for direct or indirect losses caused by force majeure anddefault of a third party.
8.3 You shall be responsible for personnel injury or incidental or indirectlyinjury caused by or related to one of the following accidents: 1) A third partyuses the licensed software or changes your data without permission; 2) Expensesand losses produced by using the licensed software; 3) Your misunderstanding ofthe licensed software; 4) Other losses related to licensed software caused byreasons not attributable to Xiamen AcTEC Electronics Co., Ltd.
8.4 Any other licensed software-derived software not developed and released by XiamenAcTEC Electronics Co., Ltd. or the development and release are not grantedby Xiamen AcTEC Electronics Co., Ltd. is illegal software. Downloading,installing and using such software may cause unpredictable risks. XiamenAcTEC Electronics Co., Ltd. shall be free from legal responsibilities anddisputes generated therein and Xiamen AcTEC Electronics Co., Ltd.shallhave the right to suspend or terminate application license and/or other allservices.
8.5 You have been informed of that the usage of Xiamen AcTEC ElectronicsCo., Ltd. and its supplier's smart platform involves in Internet service,which may be affected by unstable factors in all links. Although XiamenAcTEC Electronics Co., Ltd. has taken safeguard measures, the service may besuspended, terminated, delayed, suffered from application restriction orapplication failure due to inherent defects of Internet and e-communication aswell as factors beyond reasonable control of any party to the Agreement(including but not limited to fire, flood, terrorist attack, pestilence,natural disasters, riot, terminal virus, hacker attack, network fault andterminal fault). You hereby agree to bear foregoing risks and agree that XiamenAcTEC Electronics Co., Ltd. is free from any responsibility when normalrunning of services are influenced by the occurrence of foregoing risks.
IX.Agreement Termination and Breach of Agreement
9.1You should understand that you shall use the licensed software according toauthorization scope, respect intellectual property of software and contentscontained in the software, and perform obligations according to the Agreementwhen using Xiamen AcTEC Electronics Co., Ltd.'s services. Xiamen AcTECElectronics Co., Ltd. will terminate the application license if you are inmaterial breach of the Agreement.
9.2Your application of the software relies on supporting services supplied byXiamen AcTEC Electronics Co., Ltd.'s related companies. Breach of terms,agreements, rules, annunciation and other relevant regulations of Xiamen AcTECElectronics Co., Ltd. and its related companies may cause failure in normalusage of licensed software, in which case, Xiamen AcTEC Electronics Co., Ltd.shall be entitled to terminate the application license, or take measures torestrain your application license or other rights and interests controlled byXiamen AcTEC Electronics Co., Ltd. as agreed in the Agreement, includingsuspension or termination of your application license.
9.3 Incase of your breach of the Agreement or other agreements signed with XiamenAcTEC Electronics Co., Ltd., Xiamen AcTEC Electronics Co., Ltd. and itssuppliers shall have the right to notify the related companies, requiring themto take restrictive measures to your rights and interests, including requiringrelated companies to suspend or terminate supplying part or whole services foryou, and legally announce your breach of agreement on websites run or actuallycontrolled by them.
9.4The licensed software is downloaded from the downloading platform and you shallabide by stipulations of the download platform, system platform and terminalmanufacture on application ways and restrictions of the licensed software. Ifthe above mentioned third party confirms that you are in breach of theagreement and Xiamen AcTEC Electronics Co., Ltd. and its supplier's treatmentis required, Xiamen AcTEC Electronics Co., Ltd. may terminate your applicationlicense at the third party's request.
9.5When the application license terminates, you shall stop using the licensedsoftware and destroy all copies.
9.6You must bear all compensation responsibilities if Xiamen AcTEC ElectronicsCo., Ltd. and other users suffer from losses caused by your breach of terms inthe Agreement.
X.Governing Laws and Severability
10.1Effectiveness, explanation, change, execution and dispute settlement of theAgreement are subject to laws of the People's Republic of China. If no relevantlaws and regulations are available, reference to general international businesspractices and (or) industrial practices shall be made.
10.2Dispute arising from or in connection with the Agreement may be settled by youand Xiamen AcTEC Electronics Co., Ltd. through friendly negotiation orsubmitted to People's Court of Xiamen AcTEC Electronics Co., Ltd. where theAgreement is signed for adjudication.
10.3When any term of the Agreement is judged to be invalid by the People's Court,it will not influence the effectiveness of other terms or any part thereof, andyou and Xiamen AcTEC Electronics Co., Ltd. shall perform the valid terms ingood faith.
10.4 The Agreement issigned in Xiamen AcTEC Electronics Co., Ltd..