User License and Agreement
The Agreement constitutes the legal agreements made between Xi’an Ousiqi Software Co., Ltd (the "Company" or "us") and the User (or "You") on the use and update of operating system of the Intelligent Mobile Terminal (the "System" or "Operating System").
Before using the System, you shall read carefully and fully understand the User License and Agreement (the "Agreement"), particularly those involving waiver or limitation of liabilities, settlement of disputes and governing laws. The clauses of waiver or limitation of liabilities are in bold font, and you shall pay special attention to such clauses. You may choose to accept or not to accept the Agreement after reading (Minors shall be accompanied by their legal guardians when reading the Agreement).Your use of the Operating System means that you have read, understood and accepted the Agreement and you agreed the Agreement with us.
I General Provisions
1 The Operating System stated herein refers to: the functional units, system service and software developed by Xian Ousiqi Software Co., Ltd., excluding the open source software defined in Section 1.2 hereunder.
2 The System and its updated or upgraded versions may include software that is protected by a third-party copyright or authorized by a third party with open source software license (the "Open Source Software"). The license information shown on the System's carrying device can be used to identify whether a software is Open Source Software. Therefore, when you use Open Source Software, you shall comply with applicable Open Source Software license terms and conditions. If there is any discrepancy between any provision in applicable Open Source Software license and the license-related terms stated herein, the terms of Open Source Software license shall prevail.
II Licensed Use of the System
(1) Subject to the terms and conditions of the Agreement, you are granted a limited and nonexclusive license to use the System in your device (the "License"), and you shall not replicate, sell, transfer or use the License for any other commercial purpose.
(2) Without obtaining our written consent, you shall not cause any other people, competitors or organizations to dismantle, copy, reverse-engineer, de-compile, disassemble the System, or create derivative work of its preset software. Also, you shall not cause any other people to or attempt to export, decode or modify the source code of the System, or carry out any other conduct that is harmful to the System.
(3) You agree not to lease, lend, redistribute or relicense the System to any third party. You may transfer the ownership of the System's intelligent terminal carrier, and your one-off and permanent transfer of the License to any third party can only become effective after the following conditions are satisfied:
1 All software in relation to the System, including all components, Open Source Software and the Agreement shall be transferred along with the ownership of the terminal carrier;
2 You shall delete all or part of the copies of the System and its related preset software, including copies stored on computers or other media.
(4) You shall not use the System, software and their updated versions to:
1 Use, copy or transfer all or part of the System beyond the scope of authorization hereunder;
2 Provide or allow any third party to use any part or all of the System (including but not limited to applications, themes, codes, source codes or related services operated under the System) without written consent of the Company;
3 Use the System for fraud or in fraudulent manner;
4 Delete any copyright statement or reminder in the System;
5 Nullify, change, undermine or escape any part or all of the digital copyright management programs that are related or integral to the System;
6 Any other conduct that is inappropriate, illegal or against laws and industry regulations.
(5) Your use of the System for storing or copying any materials shall obtain prior legitimate authorization of related obligees. The System can only be used to copy non-copyrighted materials. Any use of the System in relation to material that is copyrighted or protected by the copyright law or other intellectual property law or treaties shall be governed by the agreement or related applicable terms with the provider of such material. Unless otherwise agreed, no authorization is granted hereunder in relation to such material, and no guarantee is made hereunder to ensure you can continue using such material. We shall not bear legal responsibility regarding such conditions.
III Third**-Party Account**
You may need to register an account to use certain features and/or software of the System. You may register in accordance with the start-up guidance of the System, and the registered account is generally provided and maintained by a third party that cooperates with us. You shall provide information and use services related to such account in accordance with requirements and terms applicable to the third-party account registration. You understand and agree that your registration in the System will give you a third-party service account.
(1) Rules for Information Disclosure
1 You may use the System to disclose or upload information, and you shall warrant that such information has a proper intellectual property and is used with due authorization, and your use of the System or related service has not violated any third party's legal rights or interests.
2 When using the System, you shall not engage in activities which include but are not limited to creating, copying, publishing, spreading or storing any illegal content that:
1) Goes against the basic principle of the Constitution;
2) Threatens national security, reveals national secrets, or is intended to overthrow the state power or jeopardize the national unity;
3) Tarnishes national honor or damages national interests;
4) Advocates ethnic hostility or discrimination, or jeopardizes ethnic unity;
5) Undermines national religious policies or advocates heresy and superstitions;
6) Disseminates rumors, disrupts social orders, or undermines social stability;
7) Propagates obscenity, pornography, gambling, violence, murder, terror, or instigates criminal activities;
8) Insults or slanders any other person, or violates legal interests or rights of others;
9) Instigates illegal assembly, association, demonstrations, protests or gathering crowds to disturb social orders;
10) Organizing activities of illegal civil organizations;
11) Contains any other information that is prohibited by laws or administrative regulations;
12) Publishes, transmits, spreads or stores any information that infringes any other person's reputation, right of portrait, intellectual property, trade secrets, or other legal rights or interests;
13) Fabricates or disseminates rumors or false information so as to mislead or defraud others;
14) Publishes, transmits and communicates advertisement or junk information;
15) Involves in any other illegal activities.
(2) The User acknowledges and agrees that:
1 We will assess whether your use of the System has violated the above rules, and we may suspend or stop your use of the System based on the outcome of the assessment;
2 We will delete any information you publish if that’s breaking laws, infringing any other person's legal rights or interests, or violating the Agreement;
3 You shall be held solely liable for any loss that a third party incurs due to your failure to comply with the above rules, and if your failure to comply with such rules has caused us to suffer any losses, subject to any third-party claim or be punished by any administrative authorities, you shall compensate us for any losses or reasonable expenses arising therefrom (including legal expenses and costs, among others).
VI Rules for Third-Party Software Services
(2) Whether in relation to third-party software or services preset in the System, or software that you have accessed or downloaded on your own, you acknowledge and agree that we are unable to supervisor or monitor any third-party software/services, or make any warranty with respect to security, legitimacy or validity of such third-party software or services, and we shall not bear any legal responsibility with respect to such third-party software or services.
(3) If you have any dispute with the provider of the third-party software or services, you may settle the dispute through negotiation or legal proceedings in accordance with relevant license agreement. We shall not bear any responsibility arising therefrom.
VII Risks and Disclaimer
(1) Our present technical support cannot guarantee that the operation of the System will be free from any error or temporary interruption. We cannot warrant that the System can fully fulfill all your requirements. We shall bear no legal responsibility arising from such conditions mentioned as above.
(2) We and our partners shall not be held liable for any of your losses arising from any breakdown in technology, communication, network, mobile phone terminal or other force majeure. You may claim compensation from related third party for such losses.
(3) The contents with respect to the System are only for your convenience and reference, and shall not represent our opinions or any professional advice from us. You are advised to seek advice from professionals regarding specific issues.
(4) We can not make any warranty with respect to the compliance, legitimacy, truthfulness or accuracy of any third-party content obtained by the System. We can only monitor and manage such content in accordance with applicable laws and regulations.
(5) Like systems and software provided by most of Internet companies, the System's operation can be impacted by many factors, including but not limited to communication environment, network service quality, social environment, availability of third-party data and various security issues. You shall raise your own awareness of information security and take good care of your passwords so as to avoid losses.
(6) If you need personalized services, the System may use services of third-party system or software to support your use of the System. Such personalized services are deemed to be provided by a third-party. Under such circumstance, you shall comply with the Agreement, as well as your agreement with such third-party and other applicable rules. You acknowledge and agree that your use data may be collected by a third party when you use services from such third party. We can not make any warranty with respect to the security, accuracy or validity of, or any other risks regarding the outcome of your usage of such third-party system or software. We strongly advise you to exercise caution when using any third-party service, and we shall not be held liable for any disputes or damages arising from it.
(7) You shall be solely liable for any personal injury or direct or indirect economic damages (including but not limited to financial losses, damages arising from business interruption or other damages) resulted by:
1 Your use of any unlicensed software;
2 Your wrong use of any third-party software; or
3 Any other loss that is not caused by the System.
(8) You acknowledge and agree that we may, as required by judiciary, regulatory and supervisory authorities, suspend, interrupt or terminate the provision of all or part of related services to you, and we shall not be held liable for it.
(9) You acknowledge and agree that we will make best efforts technologically and commercially to keep safe of your data stored in the System. However, you acknowledge that we shall not be held liable for any failure in deletion, storage or backup of data that is caused by a third-party, personal reason of the user or force majeure.
VIII Intellectual Property Statement
(1) Except for third-party products or services, the intellectual property of all contents in the System, including but not limited to works, pictures, files, messages, information, architecture and page designs, belongs to the Company and its affiliates. Such intellectual property includes but is not limited to trademark rights, patents, copyrights and trade secrets.
(2) You acknowledge and know that nobody is allowed to use, modify, replicate, publicize, change, disseminate, issue or publish any program or content in the System without our prior written consent.
(3) We are both obliged to respect intellectual property, and shall bear related risks and responsibilities in relation to any breach respectively under applicable laws.
IX Terms for Minor Users
If you are a minor, you shall obtain prior consent of your guardian before, and be accompanied and guided by your guardian when reading the Agreement and using the System. Young users of the System shall use network in reasonable and correct manners. Young users shall develop good online behavioral patterns, and comply with the Treaty for Chinese Young People's Online Civilization.
X Governing Laws and Jurisdiction
The effectiveness, interpretation, modification, execution of and settlement of dispute under the Agreement shall be governed by laws of People's Republic of China. Matters that no law applies to shall be dealt with in accordance with commonly-recognized international business practice and (or) industry practice. The Agreement is signed by you and the Company in the domicile of the Company: Xi'an Hi-tech Industries Development Zone, Xi'an, Shaanxi Province. Any dispute arising from or in relation to the Agreement shall be settled through negotiation in good faith. Dispute that can not be settled by negotiation may be submitted to the people's court with jurisdiction in the place of signing.
XI How To Contact Us
If you have any question, advice, suggestion or complaint regarding the System, you may send an email to [firstname.lastname@example.org].
Normally, we will reply to you within 15 workdays.
XII Other Terms
(1) Our User Agreement may be altered or modified due to any change in applicable laws, rules, regulations or system, or any adjustment in the Company's business, or any other situations. We do not restrict your rights under the User Agreement without your explicit consent.
We will notify you of any major changes in or modifications of the User Agreement in a highly noticeable way (for instance, when you re-login or when the System is upgraded, we may show a popup). The above-mentioned major changes include but are not limited to any major change in our service mode, any major change in our control (such as owner change caused by merger & acquisition or restructuring), any amendment of laws and regulations, and other similar changes.
(2) As for any personalized advertising, we are committed to providing the best user experiences, so we have rejected many malicious and harassing advertisements, and we look forward to sending practical advertising messages to you based on your interests. In the meanwhile, we understand that some users do not want to receive any advertising message that is sent based on users' interests and browse history. You may disable the software's location information collection feature in system setting (search “location information” and click to close the related service). If you decline to provide location information, you will only be unable to receive location-based advertising message, and your use of other features of the Product will not be impacted.
(3) The headings in the Agreement are used for the purpose of reference and convenience only. They have no material meanings and shall not be used in interpreting this Agreement
(4) We and our affiliates have and reserve all rights in relation to the System, as well as all qualifications of using the System. We and our affiliates reserve all rights that are not explicitly granted to you hereunder.
(5) If any provision contained herein is determined invalid or unenforceable for any reason, the other provisions of the Agreement shall remain valid and binding upon the parties to the Agreement.