Software License and Service Agreement
Version: June 2018
Before you accept this Agreement, please read all its terms carefully, especially the content in bold and/or underlined. If you have any questions about the terms of this Agreement, please contact the relevant business department for an explanation. If you do not agree with any part of this Agreement, or if you cannot accurately understand our explanation of the terms, do not proceed.
This Software License and Service Agreement (this "Agreement") is entered into by and between you and Hangzhou Duanqu Online Media Technology Co., Ltd. ("Duanqu").
This Agreement includes the body of the agreement, its attachments, and all business specifications, activity rules, notices, and announcements that Duanqu has published or may publish in the future (collectively, the "Rules"). These include, but are not limited to, the "Service Agreement" and the "Legal Statement and Privacy Policy". All Rules are an integral part of this Agreement and have the same legal effect as the body of this Agreement.
Duanqu reserves the right to create or modify this Agreement and/or the Rules as needed. Any changes will be announced on the website without individual notifications. The revised agreement and rules take effect automatically upon publication and become part of this Agreement. If you do not agree to the changes, you must stop using Duanqu's services immediately. Your continued use of the service constitutes your acceptance of the modified terms.
Definitions
Licensed Software: The software system developed by Duanqu, which you can download from a download platform for installation and use only on compatible mobile terminals. This includes software systems for platforms such as Android and iOS.
Service: The services provided to you by Hangzhou Duanqu Online Media Technology Co., Ltd. through the Licensed Software on a mobile terminal.
Service Content
Duanqu provides you with smart device management services. You can use Duanqu to control smart devices connected to the Alibaba Cloud LinK Living IoT Platform and enable interactions between them. The service content includes features such as smart device management, scene orchestration, and analysis reports. These features may be optimized, modified, or temporarily suspended based on changes in user needs, at the service provider's discretion, or for regular or unscheduled maintenance.
Scope of License
Duanqu grants you a non-transferable, non-sublicensable, and non-exclusive license to install and use this software.
You understand that due to software compatibility limitations, you can only use the Licensed Software on authorized system platforms and terminals. Installing the Licensed Software on other unauthorized devices, such as desktops, laptops, TVs, or set-top boxes, may damage your hardware or software.
You must understand that the Licensed Software is for non-commercial use only. You may not install, use, or run the Licensed Software for commercial purposes. For commercial reproduction, distribution, or sales, such as software pre-installation and bundling, you must obtain prior written authorization and a license from Duanqu.
Duanqu may change, upgrade, modify, or transfer the Licensed Software and its related features from time to time. It may also develop new features or other services within the Licensed Software system. If no separate agreement is provided for these new features or software services, this Agreement will also apply to them.
Third-Party Software or Services
The Licensed Software may use or include software or services provided by third parties ("Third-Party Services"). These services are provided for your convenience and are legally authorized by the third parties.
When using Third-Party Services, you may be required to enter into a separate service agreement with the third party, pay any applicable fees, and assume any potential risks. Duanqu does not grant you any rights to use such services under this Agreement and provides no warranties for them. Duanqu does not provide customer support for Third-Party Services. If you need support or have a dispute, you must contact the third party directly.
You understand that the Licensed Software currently uses or includes such services. Duanqu does not guarantee that the Licensed Software will permanently use or include these services. Duanqu also does not guarantee that it will not use or include similar or different types of software or services from the same or other third parties in the future. If Duanqu uses or includes the aforementioned software or services in the Licensed Software, this clause will also apply.
Service Specifications
You must use the Licensed Software in accordance with this Agreement. The following actions are prohibited:
1) Engaging in activities that violate laws, regulations, or policies, disrupt public order, or harm public interests.
2) Renting, lending, copying, modifying, linking, republishing, assembling, publishing, or creating mirror sites for the Licensed Software and its related information without authorization. Developing derivative products, works, services, plugins, add-ons, or interconnected systems related to the Licensed Software.
3) Logging in to or using the Licensed Software through third-party compatible software or systems not developed, authorized, or approved by Duanqu or its affiliates. Using plugins or add-ons for the Licensed Software that are not developed, authorized, or certified by Duanqu or its affiliates.
4) Deleting copyright information and content from the Licensed Software and its copies. Modifying, deleting, or circumventing any technical measures implemented in the application to protect intellectual property.
5) Renting, lending, or sublicensing the Licensed Software to a third party without Duanqu's prior written consent. Using multiple versions of the Licensed Software simultaneously after obtaining a license for an upgraded version, or transferring them separately.
6) Copying, disassembling, or modifying the Licensed Software or any part of it, or creating derivative works. Copying, modifying, or running any data released into the terminal's memory during the operation of the Licensed Software, or any interactive data between the terminal and the server. Creating any derivative works, including using plugins, add-ons, or unauthorized third-party tools or services to access the Licensed Software and related systems.
7) Engaging in any behavior that endangers network security. This includes damaging or destroying the Licensed Software in any way, causing it to fail or overload, or interfering with a third party's use of the Licensed Software. Accessing others' computer systems without permission to delete, modify, or add stored information. Intentionally spreading malicious programs or viruses and other behaviors that disrupt or interfere with normal Network Information Services.
8) Using the Licensed Software to publish, transmit, or store content that infringes on the legal rights of others, such as intellectual property rights and trade secrets. Engaging in fraudulent activities, theft of others' accounts or funds, or other illegal and criminal activities.
9) Modifying or forging instructions, data, or packets during the operation of the Licensed Software to add, delete, or change its functions or effects. Distributing or operating software designed for such purposes to the public through information networks.
10) Using the Licensed Software in any illegal manner, for any illegal purpose, or in any way inconsistent with this Agreement.
You understand and agree that:
1) Duanqu will determine whether you have violated the above specifications. Based on this determination, Duanqu may suspend or terminate your license or take other restrictive measures as permitted by this Agreement.
2) Duanqu reserves the right to directly delete any information you publish using the Licensed Software that is suspected of being illegal, infringing on the legal rights of others, or violating this Agreement.
3) If your violation of the above usage specifications causes harm to any third party, you must independently assume legal responsibility in your own name and indemnify Duanqu against any resulting losses or additional costs.
4) If you violate any relevant laws or the provisions of this Agreement, causing any loss to Duanqu, or if Duanqu is subject to any third-party claims or penalties from any administrative department, you must compensate Duanqu for the resulting losses and/or expenses, including reasonable attorney fees and investigation costs.
Information Content Policy
You agree not to use this Service for any illegal or improper activities, including but not limited to the following:
Upload, transmit, or share any information that contains the following content:
1) Opposes the basic principles established by the Constitution;
2) Endangers national security, leaks state secrets, subverts state power, or undermines national unity;
3) Harms national honor and interests;
4) Incites ethnic hatred or discrimination, or undermines ethnic unity;
5) Undermines national religious policies, or promotes cults and feudal superstitions;
6) Spreads rumors, disturbs social order, or undermines social stability;
7) Spreads obscenity, pornography, gambling, violence, murder, terror, or incites crime;
8) Insults or slanders others, or infringes on the legal rights of others;
9) Contains false, fraudulent, harmful, threatening, privacy-invading, harassing, infringing, defamatory, vulgar, obscene, or other morally objectionable content;
10) Contains other content restricted or prohibited by Chinese laws, regulations, rules, ordinances, and any legally binding norms;
Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;
Forge titles or otherwise manipulate identifiers to falsely imply that the content is from Taobao or its affiliates.
Upload, transmit, or share any content that you do not have the right to transmit under any law, contract, or legal relationship (such as internal, proprietary, and confidential information learned or disclosed as part of an employment relationship or under a confidentiality agreement);
Upload, transmit, or share any content that is suspected of infringing on the rights of others, including but not limited to copyrights, patents, trademarks, and trade secrets;
Track or otherwise harass others, or send a large volume of messages to friends or other users through this Service;
Upload, transmit, or share any advertising, promotional information, "spam", "junk mail", "chain letters", "direct sales", or any other form of solicitation, except in designated areas or functions for such purposes;
This Service is not designed for specific purposes and must not be used in critical fields, such as nuclear facilities, military applications, medical facilities, or transportation and communication systems. If a failure of the Service in these fields results in personal injury, death, property loss, or environmental damage, Taobao assumes no legal liability.
Engage in any behavior that goes beyond the purpose of normal internal or external communication between friends or users;
Establish friend relationships with other users (including but not limited to one-way and two-way friend relationships) by adding them yourself or inducing others to add you for purposes other than normal communication, such as sending advertisements, spam, harassment, or illegal information;
Send a large volume of messages to friends or other users through this Service;
Violate the "seven bottom lines," which require compliance with laws and regulations, the socialist system, national interests, citizens' legal rights, public order, social morality, and information authenticity;
Engage in any behavior that violates Chinese laws, regulations, rules, policies, and normative documents.
Privacy Policy and Data
Protecting your personal information is important to Duanqu. Duanqu has created the "Legal Statement and Privacy Policy" which contains important information concerning your rights and interests, including intellectual property ownership and protection, and the collection, use, sharing, storage, and protection of your information. We recommend that you read the "Legal Statement and Privacy Policy" in its entirety to help you better protect your personal information.
Disclaimers and Limitation of Liability
Except as explicitly required by law, Duanqu will use its best efforts to ensure the Licensed Software and its related technology and information are secure, effective, accurate, and reliable. However, you understand that due to existing technology limitations, Duanqu cannot provide an absolute guarantee.
You understand that Duanqu is not liable for any direct or indirect losses you suffer due to force majeure or the actions of third parties.
You are solely responsible for any personal injury or incidental or consequential damages, including but not limited to loss of profits, data loss, or business interruption, arising from or related to any of the following situations:
1) Using or being unable to use the Licensed Software;
2) Unauthorized use of the Licensed Software or alteration of your data by a third party;
3) Costs and losses incurred as a result of using the Licensed Software;
4) Your misunderstanding of the Licensed Software;
5) Other losses related to the Licensed Software not caused by Duanqu.
Any software derived from the Licensed Software that is not developed and officially released by Duanqu or with Duanqu's authorization is illegal. Downloading, installing, and using such software may lead to unforeseeable risks. Duanqu is not responsible for any legal liabilities and disputes arising from such use. Duanqu has the right to suspend or terminate the license and/or all other services.
Duanqu may recommend ingredients, foods, exercise goals, and other information based on relevant data about food nutrition, balanced diets, and exercise. However, you acknowledge and agree that this information is for reference only and does not constitute professional advice. You are responsible for assessing its reasonableness and taking necessary precautions during exercise.
Intellectual Property
Duanqu owns the copyright, patents, trademarks, trade secrets, and all other related intellectual property rights in the Licensed Software and all related documentation.
The logos, identifiers, and names related to the Licensed Software are the intellectual property of Duanqu and its affiliates and are protected by relevant laws and regulations. Without explicit authorization from Duanqu, you may not copy, imitate, use, or publish these identifiers. You also may not modify or delete any identifiers or identity information of Duanqu and its affiliates displayed in the application.
Without prior written consent from Duanqu and its affiliates, you may not implement, use, transfer, or license any third party to implement, use, or transfer this intellectual property for any commercial or non-commercial purpose.
Agreement Termination and Liability for Breach
Your license to use the Licensed Software is contingent upon your adherence to the scope of the license, respect for its intellectual property, compliance with the usage specifications, and fulfillment of your obligations under this Agreement. If you materially breach this Agreement, Duanqu will terminate your license.
Your use of the software depends on the supporting services provided by Duanqu's affiliates. If you violate the terms, agreements, rules, or notices of Duanqu or its affiliates, and this results in the termination of your service, your ability to use the Licensed Software may be affected. In such cases, Duanqu has the right to terminate your license.
You understand that to maintain platform order and protect consumer rights, if you make any form of commitment to Duanqu and/or its affiliates, and the relevant entity confirms your breach of that commitment and notifies Duanqu to take action, Duanqu may restrict your rights, including suspending or terminating your license, as specified in your commitment or agreement.
Once you breach this Agreement or any other agreement with Duanqu, Duanqu may notify its affiliates and request them to restrict your rights. This includes requesting affiliates to suspend or terminate some or all services provided to you and to publicly disclose your breach on their websites as permitted by law.
The Licensed Software is obtained by you from a download platform. You must comply with the terms and restrictions set by the download platform, system platform, and terminal manufacturer regarding your use of the Licensed Software. If any of these third parties confirm that you have violated their terms and require Duanqu to take action, Duanqu may terminate your license at their request.
Upon termination of this license, you must stop using the Licensed Software and destroy all copies of it.
If you violate the terms of this Agreement and cause losses to Duanqu or other users, you must bear full liability for compensation. If Duanqu is held liable, you agree to compensate Duanqu for related expenses and losses, including reasonable attorney fees.
Governing Law and Severability
The validity, interpretation, modification, execution, and dispute resolution of this Agreement are governed by the laws of the People's Republic of China. If no relevant laws exist, general international business practices and/or industry practices will apply.
Any dispute arising from or related to this Agreement shall first be resolved through friendly negotiation with Duanqu. If negotiation fails, the dispute shall be submitted to the people's court with jurisdiction in the defendant's location for a ruling.
If any provision of this Agreement is ruled invalid by a people's court with jurisdiction, it will not affect the validity of the other provisions or any part thereof. You and Duanqu shall continue to perform your obligations in good faith.
Miscellaneous
Duanqu may change the entity that provides you with software services due to business adjustments. The new entity will assume Duanqu's obligations and perform this Agreement with you and provide services to you. This change will not affect your rights under this Agreement. In the event of a dispute, the responsible entity will be determined by the specific service you were using and the action that affected your rights.
All headings in this Agreement are for convenience and readability only. They have no actual meaning and cannot be used as a basis for interpreting this Agreement.