TRANSSION End user software license agreement
RECITAL and INTRODUCTION
In order to use TRANSSION equipment and software (hereinafter referred to as the “Software”) and TRANSSION services (hereinafter referred to as the “Service”), please be sure to carefully read and fully understand the contents of all terms (specifically, terms exempting or restricting responsibilities), and choose to accept or deny the same. Terms exempting or restricting responsibilities may be marked in bold for your attention. You shall not be entitled to download, install or use the Software and the Service unless you have read and accepted all terms of this Agreement. Your acts such as download, installation, use, and login shall be deemed that you have read and agreed to be bound by this Agreement.
1. Scope of Agreement
This Agreement is made and entered into between you (include nature person, company and other legal entities) and SHENZHEN TRANSSION HOLDINGS CO., LTD. and its global affiliates (hereinafter referred to “TRANSSION” and “We”) with respect to your download, installation, use and login the Software and use of the Service.
2. About the Software and Service
2.1 Definition of the Software and Service
Software refers to (1) software components provided by TRANSSION device, including but not limited to the codes stored on the device and other embedded software, documents, interface and data protected by the copyright of TRANSSION or other licensors and (2) Update or upgrade of the said software in (1). The Software does not include software components protected by the copyright of third party and granted open source software licenses by the third party.
Service refers to the relevant services provided by TRANSSION via the Software.
2.2 Form of the Service
You can use the Service through computer, mobile phone or other terminals in the form of client-side and web-page or otherwise. Such terminals and form shall be subject to the terminals and form provided by TRANSSION, and TRANSSION will continually provide more terminals and form by virtue of which you can use the Service. When using the Service, you shall choose the version of the Software which matches with your terminal and system; otherwise, you may be unable to normally use the Service.
2.3 Scope of License
2.3.1 TRANSSION grants to you an individual, non-transferable, and non-exclusive license to use the Software. You may download, install, use and login the Software on a single terminal equipment for non-commercial purposes.
2.3.2 You may make one copy of the Software for backup only. The backup copy must contain all copyright information contained in the Software.
2.3.3 TRANSSION reserves all other rights which are not expressly conferred upon by this article (article 2.3) and other articles hereof, you may not exercise such rights without written consent of TRANSSION. The failure of TRANSSION to exercise any of the above rights shall not constitute a waiver of the same.
3. Acquisition of Software
3.1 You may directly acquire the Software from the website forum of TRANSSION or a third party authorized by TRANSSION.
3.2 If you acquire the Software or installation programs which have the same name as the Software from a third party which is not authorized by TRANSSION, TRANSSION will not guarantee the normal use of the Software and will not be responsible for losses suffered by you arising therefrom.
4. Installation and Unloading of Software
4.1 TRANSSION may develop different versions of the Software for different terminal and systems, and you shall, based on actual situations, choose to download proper version of the Software for installation.
4.2 After downloading the installation programs, you need to properly install the Software according to the steps prompted by said installation programs.
4.3 In order to provide more high-quality and secure services, TRANSSION may recommend you to install other software in installing the Software, provided that you may choose to install or not to install such software.
4.4 If you no longer need to use the Software or need to install a new version of the Software, you may unload the Software by yourself. If you are willing to assist TRANSSION in improving the Software or Service, please inform TRANSSION of reasons for unloading the Software.
5. Update of Software
5.1 In order to enhance the experience of users and improve the contents of the Service, TRANSSION will constantly strive to develop new services and from time to time, provide you with the updates of the Software (such updates may be in the form of software replacement, software modification, function enhancement or version upgrade, etc.).
5.2 The Software may open automatic upgrade and update functions in the default way for you, but you can choose to open or close such functions in the software setup program.
5.3 In order to improve the user experience and ensure the safety of the Service and the consistency of functions, TRANSSION shall have the right to update the Software or change or restrict part of functional effects of the Software without specially sending a notice to you.
5.4 After the new version of the Software is issued, the old version of the Software may not be usable. TRANSSION does not guarantee the continued usability of the old version of the Software and corresponding customer services, so would you please check and download the latest version of the Software at any time.
7. Code of Conduct Applicable to Users
7.1 Notices to Users
7.1.1 You fully understand and agree that when you use a particular service contained in the Service, relevant functions of the Service can be realized under the condition that the Service may need to use relevant authority and interface of your terminal equipment and relevant equipment information, and you may need to agree to enter into a separate agreement and comply with relevant rules in using some particular services and you shall carefully read said separate agreement and rules before you use such particular services.
7.1.2 TRANSSION shall have the right to show you all kinds of information in providing or through the Service, including without limitation advertising information, news information, promotion information and other information. Such information may occur in the form of system message or pop-up window.
7.1.3 You may choose not to provide TRANSSION with some of your information, or based on the products, make some settings to prevent TRANSSION from collecting some of your information; however, in such case, relevant service functions cannot be realized.
7.1.4 You understand and agree that TRANSSION will use its commercially reasonable efforts to protect the safety of your data storage in the Software and Service; however, TRANSSION will not provide full guarantee for such safety, including without limitation the following circumstances:
(1) TRANSSION will not be responsible for the deletion of or the failure to store relevant your data in the Software and Service;
(2) TRANSSION shall have the right to decide for itself the longest storage period of your data in the Software and Service and the largest storage space of your data in the server based on actual situation, and you may back up for yourself relevant data in the Software and Service based on your needs. If both parties make other agreement, such agreement shall prevail;
7.1.5 When using the Service, you may obtain different contents of the Service due to different versions of the Software, you understand and agree:
When certain version of the Software used by you opens or enters into pages related to application distribution products or application distribution functions developed by TRANSSION, such application distribution products or application distribution functions may use the installation information, installation site, size and other necessary information of the application program installed on your terminal equipment in order to better provide you with upgrade prompt and other intelligent services of applications on the terminal equipment. The above version of the Software shall be subject to the version of the Software actually provided by TRANSSION
7.2 Five Prohibitions
When using the Service, you may not use the Service to carry out the following acts, including but not limited to:
(1) releasing, transmitting, spreading or storing contents which violate laws, jeopardize national security, social stability, public order and good custom, social ethics, and insulting, slanderous or violent, or violate religion;
(2)releasing, transmitting, spreading or storing contents which infringe upon the right of reputation, portraiture right, intellectual property rights, trade secrets and other legitimate rights of others;
(3) fabricating facts or concealing the truth for the purpose of misleading or deceiving others;
(4) issuing, transmitting or spreading advertising information and junk information;
(5) carrying out acts which violate laws and regulations, policies, public order and good custom, and social ethics.
7.3 Prohibited Acts of Users
Unless otherwise permitted by laws or consented by TRANSSION in writing, you may not:
(1) delete the information related to copyrights on the Software and the copy thereof;
(2) reverse engineer, disassemble or decompile the Software, or attempt to find the source code of the Software in other ways;
(3) use, lease, lend, copy, modify, link, reproduce, compile, issue, publish or establish mirror image websites of contents of which the intellectual property rights are owned by TRANSSION;
(4) copy, modify, add, delete, or operate in the form of hanging, or create any derivative works of, data of the Software or released into any terminal memory in the course of the operation of the Software, interactive data of client and server side in the course of the operation of the Software, and system data necessary for the operation of the Software; the form includes but is not limited to the access of Software and relevant systems by the use of plug-ins, add-ons, or third-party tools/services that are not authorized by TRANSSION;
(5) add, delete or change the functions or operation effect of software by modifying or fabricating the instructions and data occurred in the course of the operation of the software, or operate or publicly diffuse the software and method used for the above purposes, whether commercially or otherwise;
(6) login or use the software and services of TRANSSION by third-party software, plug-ins, add-ons or systems which are not developed or authorized by TRANSSION, or make, release or diffuse the above tools;
(7) disturb, authorize the disturbing of, or disturb by using third-party software the Software and the components, modules and data thereof; and
(8) carry out other acts which are not expressly authorized by TRANSSION.
7.4 Responsibility for Your Acts
You fully understand and agree that you will be solely responsible for the registration of your account, including any contents that you publish and any consequences arising therefrom. You shall judge by yourself contents that you have access to in using the Service and bear the risks arising from the use of such contents, including risks arising from the dependence upon the correctness, completeness or practicability of the same. TRANSSION is unable to and will not bear any responsibility for any loss or damage suffered by you due to the above risks.
7.5 Breach of Contract
If TRANSSION finds or receives a report from others that you violate the terms of this Agreement, TRANSSION shall have the right to delete and shield relevant contents at any time without notice, and take corresponding punishment measures, including but not limited to the suspension or termination of your use of corresponding account number registered with TRANSSION, the suspension or termination of your use of all or part of the Service, and the investigation for legal responsibility.
7.6 Damage suffered by Third Parties
If you violate any terms of this Agreement, thus causing damage to any third party, you shall solely bear all responsibilities arising therefrom and compensate TRANSSION for all losses suffered by TRANSSION arising therefrom.
8. Products and services provided by Third Parties
In addition to the terms of this Agreement, you shall comply with the user agreements of third parties in using products or services provided by third parties on TRANSSION’s platform. Neither TRANSSION provide any guarantee to the products and services from third party, nor be responsible for the liability to the end-user arising from the use of the products and services from any third party.
When users use the Software or request TRANSSION provide specific services, the Software may call a third-party system or support the use or assess of a third-party system by users through a third party, and the results of such use and access are provided by the third party (including but not limited to the circumstance that you jump to the services and contents provided by such third party, and the services and contents accessed by said third party through TRANSSION’s platform), in such case, TRANSSION cannot guarantee the security, accuracy and validity of the services and contents provided by the third party and other uncertain risks, and you shall solely bear relevant responsibilities arising therefrom.
9.1 There is no explicit or implicit representations and warranties in any form for Software and Service provided by TRANSSION, including but not limited to the warranty for accuracy, marketability and any other non-infringement of rights of third parties. The Software may not meet all your requirements, and TRANSSION cannot guarantee that the Software and Service will not be interrupted at any time. You shall be responsible for all the consequences arising from choosing and using the Software.
9.2 Installation and using of the Software may bring about certain impact on your use of third party software. TRANSSION does not guarantee the Software shall be compatible with third party software and/or services. TRANSSION bears no liability for such incompatible cases.
10. Limitation of Responsibilities
10.1 You are solely responsible for the act and consequence of your downloading, using the Software. TRANSSION and its staff bear no liability for any and all losses arising from the use or unable to use the Software, including but not limited to business income, profit, loss on sale, loss of data or cost for purchasing substitute goods or services, any third-party claims, property loss, personal injury, business interruption, commercial information loss, or any direct, indirect, appendant, economical, punitive damage.
10.2 The cap of the liability that TRANSSION bears for all your damages shall not exceed the amount you paid for purchasing TRANSSION device. Except where the law has mandatory provisions.
11. Statement on Intellectual Property Rights
11.1 TRANSSION is the right holder of the intellectual property rights of the Software. The intellectual property rights of the Software, such as copyright, trademark right, patent right and trade secrets, and all information contents related to the Software (including but not limited to characters, pictures, audio frequency, video, charts, interface design, layout frame, and relevant data or electronic documents) are protected by the laws and regulations of the People’s Republic of China, national laws and corresponding international treaties, TRANSSION is entitled to the above intellectual property rights, expect for rights to which relevant obligees are entitled in accordance with provisions of laws.
11.2 Without written consent of TRANSSION or relevant obligees, you may not implement, use or transfer, or license any third party to implement, use or transfer the above intellectual property rights for any commercial or non-commercial purposes.
12. Safety Responsibility for Terminal
12.1 You understand and agree that the Software or Service, like most internet software and services, may be affected by various factors (including without limitation reasons attributable to users, quality of network service and social environment, etc.), or be harassed by various safety problems (including but not limited to the circumstances that others carry out actual harassment by illegally using users’ data, and other software downloaded and installed by users or other websites assessed by users may contain virus, Trojan programs or other malicious programs, thus threatening the safety of the information and data of your terminals, and further affecting the normal use of the Software and Service). Therefore, you shall strengthen the information security and personal information protection consciousness and keep your password well and in private, so as to prevent losses.
12.2 You may not make, release, use or diffuse malicious programs that can be used for stealing account registered with TRANSSION and personal information and property of others.
12.3 You shall in no event readily believe any network information related to borrowings, demand for password or properties. For any operation related to properties, please make sure to verify each other’s identity and please always pay attention to prompt of TRANSSION for preventing fraud crime.
13. Software or Techniques of Third Parties
13.1 The Software may use software or techniques of a third party (including open source code and public domain code that may be used by the Software, similarly hereinafter), and such use has been legally authorized.
13.2 If the Software uses the software or techniques of a third party, TRANSSION will, according to relevant laws and regulations and agreement, display relevant agreements or other documents through the schedules hereof or in the form of packaging in the specific documents of installation package of the Software, and such schedules and form may be shown in the form of “Software License Agreement”, “License Agreement” or “Open Source Code License” or otherwise. The above relevant agreements and other documents shown in all kinds of form are integral part of this Agreement and shall have the same legal force as this Agreement, and you shall comply with such requirements. If you fail to comply with said requirements, such third parties or state organs may bring a lawsuit, impose a fine or take other sanction measures against you, and require TRANSSION to provide relevant assistance. In such case, you shall solely bear all legal responsibilities arising therefrom.
14.1 Once you use the Software or Service, you shall be deemed to have read and agreed to be bound by this Agreement. TRANSSION shall have the right to modify the terms of this Agreement when necessary. You may look up relevant terms of this Agreement in the latest version of the Software and Service. After any terms of this Agreement are modified, if you continue to use the Software and Service, you shall be deemed to have accepted the modified agreement. If you refuse to accept the modified agreement, you shall stop using the Software.
14.2 The formation of this Agreement, its effectiveness, performance and settlement of disputes in connection herewith shall be governed by the laws of the mainland of the People’s Republic of China without the conflict laws.
14.3 the signing place of this Agreement is Nan Shan Region, Shen Zhen Municipal, Guang Dong Province. Any dispute or controversy between you and TRANSSION shall be first settled through friendly consultation. If no settlement can be reached through friendly consultation, you agree that such dispute and controversy shall be submitted to a competent court of the place where this Agreement is signed.
14.4 The headings of all terms of this Agreement are for ease of read only, have no actual meanings themselves, and shall not be used as a basis for interpreting the meanings of this Agreement.
14.5 If any terms of this Agreement become invalid or unenforceable partially for any reasons, the remaining terms hereof shall still be valid and binding on both parties.
14.6 You are not allowed to export or re-export TRANSSION Software and Service only if you are authorized by applicable laws and relevant laws of the judicial district where TRANSSION Software and Service are located.
14.7 If this Agreement is made in English, Arabic and other languages, and if there is any discrepancy among English version, Arabic version and other versions of other languages, the English version hereof shall prevail.