Software License and Service Agreement

 

We hereby remind users to carefully read and fully understand this Software License and Service Agreement (hereinafter referred to as the "Agreement"). Users should carefully read and fully understand all terms in this Agreement, including the exemption clauses for exemption or limitation of liability and the clauses limiting users' rights. Please read carefully and choose whether to accept or not accept this Agreement (minors should read with the accompaniment of their legal guardians). Unless you accept all terms of this Agreement, you are not authorized to download, install, or use this software and its related services. Your actions such as downloading, installing, using, obtaining, and logging in will be deemed as acceptance of this Agreement and agreement to be bound by the terms of this Agreement. This Agreement is an agreement between you (hereinafter referred to as "the user") and Chengdu Gembaf Technology Co., Ltd. (hereinafter referred to as "the company") and its operational cooperation unit (hereinafter referred to as "the cooperation unit") regarding the user's download, installation, use, replication, management, and use of related services. This Agreement describes the rights and obligations between the company and the user regarding the license and use of the "software" and related services. "User" refers to an individual or organization who obtains software products and authorization licenses through the provided channels for software authorization and registration, and uses related services. This Agreement may be updated at any time, and the updated terms of the agreement will replace the original terms of the agreement once published, without further notice. Users may re-download and reinstall the software or consult the latest version of the agreement terms. After modifying the terms of the Agreement, if the user does not accept the modified terms, please immediately stop using the software and services provided. Continued use of the software and services provided by the user will be deemed as acceptance of the modified agreement.

 

1. Intellectual Property Statement

 

1.1 This "software" is developed by Chengdu Gembaf Technology Co., Ltd. All intellectual property rights, including trademarks, patents, trade secrets, and all information related to the "software", including but not limited to textual expressions and combinations, icons, decorations, charts, colors, interface design, layout framework, relevant data, printed materials, or electronic documents, are protected by the Copyright Law, Trademark Law, Patent Law, Anti-Unfair Competition Law of the People's Republic of China, corresponding international treaties, and other intellectual property laws and regulations. Except for software or technology involving third-party authorization, the aforementioned intellectual property rights are enjoyed.

 

1.2 Without written consent, users shall not independently implement, utilize, transfer, or license any third party to implement, utilize, or transfer the aforementioned intellectual property for any profit-making or non-profit-making purposes, and reserve the right to pursue legal action against any such unauthorized actions.

 

2. "Software" licensing

2.1 Users shall not copy, alter, modify, hook, or create any derivative works of the software, or any data released to any computer terminal during the operation of the software, or any interactive data between the client and server during the operation of the software, including but not limited to enabling plug-ins, hacks, or unauthorized third-party tools/services to access this "software" and related systems.

 

2.2 Reservation of Rights: All other rights not expressly granted remain with the Company, and users must obtain written consent before exercising any other rights.

3. To use this "software", users must fill in and submit personal or organizational information for registration. As part of the registration process, users must agree to:

(1) Provide true information about yourself according to the prompts during the registration process (such information must be kept up-to-date, complete, and accurate);

(2) Maintain and update registrant information as needed to keep it up-to-date, complete, and accurate. If you are under 18 years old, you should read and submit the registration accompanied by a legal guardian.

 

3.1 Users can register to use the various services provided. The services include but are not limited to PC and handheld terminal software that can be accessed or used through login. We reserve the right to change and explain the company's future services. Regardless of how the user obtains it, they are bound by this agreement. When users use the service, they must also comply with the service terms of each service.

3.2 The ownership of the product belongs to the platform, and the user obtains the right to use it after completing the application registration procedures.

3.3 The right of use belongs only to the initial applicant for registration and is prohibited from gifting, borrowing, renting, transferring, or selling. If it is found that the user is not the initial registrant, the company has the right to revoke the account without notice and does not need to bear legal responsibility to the user. Any losses caused by this, including but not limited to user communication interruption, user data clearing, etc., shall be borne by the user themselves. Users are prohibited from privately transferring for payment or free of charge to avoid disputes arising from issues. Users shall bear any losses incurred due to violation of this requirement and reserve the right to pursue legal action against the aforementioned parties.

3.4 The user shall be responsible for the safekeeping of the account password and shall be fully responsible for all activities related to it and the account password. Users should pay attention to password protection. Users should immediately notify others if they discover unauthorized use.

3.5 After losing or forgetting their password, users must promptly appeal and request for retrieval through the appeal channel. Users should provide personal password protection information that can increase security. Users can file a complaint with our company based on their initial registration information and personal password protection information. The password recovery mechanism only verifies the correctness of the information filled in the complaint form and the system records, and cannot identify whether the complainant is the true authorized user. Our company does not assume any responsibility for any losses incurred by users due to being falsely appealed by others. Users are aware that the responsibility for password retention lies with users, and our company does not guarantee that users will be able to recover their lost or forgotten passwords through appeals.

3.6 If the user does not use the company for a long time after registration, the company has the right to reclaim the account to avoid wasting resources. Any losses caused by this, including but not limited to communication interruptions and user data, shall be borne by the user themselves.

 

4. Use of "software"

4.1 Users log in or use software and services through third-party compatible software, systems that are not developed, authorized, or recognized. Users use plugins and plug-ins that are not developed, authorized, or certified by the company for the company's software and services;

4.2 Delete all information about the software on this "software" and other copies;

4.3 Reverse engineering, disassembling, and compiling the software

4.4 For information related to this "software", without written consent, users may engage in activities including but not limited to the following: using, renting, lending, copying, modifying, assembling, publishing, establishing mirror sites, and developing derivative products, works, services, plugins, plug-ins, compatibility, interconnection, etc. related to this software;

4.5 Use this "software" to publish, transmit, disseminate, and store content that violates national laws, endangers national security, national unity, social stability, public order and good customs, or any inappropriate, insulting, defamatory, obscene, violent, or any content that violates national laws, regulations, and policies;

4.6 Using this "software" to publish, transmit, disseminate, and store content that infringes on the legitimate rights of others, such as intellectual property and trade secrets;

4.7 Creating false identities to mislead or deceive others;

4.8 Use this "software" to publish, transmit, and disseminate advertising information and spam messages in bulk;

4.9 Transmitting or disseminating files containing images, photos, software, or other materials protected by intellectual property laws, including but not limited to trademark law (or privacy or disclosure rights), unless the user owns or controls the corresponding rights or has obtained all necessary approvals;

4.10 Use any materials or information containing images or photographs obtained through infringement of trademarks, patents, commercial or any other proprietary rights of either party using this "software";

4.11 Anyone who engages in any behavior that endangers computer network security, including but not limited to: using unauthorized data or accessing unauthorized servers; Unauthorized access to public computer networks or other people's computer systems and deletion, modification, or addition of stored information; Attempting to explore, scan, or test vulnerabilities in the software system or network, or engage in other activities that undermine network security without permission; Attempting to interfere with or disrupt the normal operation of this "software" system, intentionally spreading malicious programs or viruses, and other behaviors that disrupt and interfere with normal network information services; Falsifying TCP/IP packet names or partial names;

4.12 It is not allowed to modify or forge instructions, data, or data packets during the operation of software works, add, delete, or change the functions or operating effects of software, and it is not allowed to maliciously spread or operate software used for the above purposes to the public through information networks;

4.13 Use this software and the services provided for nuclear facilities, life support, or other significant equipment that may put humans and their property in danger. The user understands that this software and the services provided are not designed for the above purposes. If the above operations fail due to the software and services, resulting in personal injury, serious property damage, and environmental damage, the company will not be held responsible;

4.14 Users are prohibited from creating, publishing, or disseminating software that is used to steal and others' exclusive information, property, or information;

Without explicit written authorization from the company, selling, renting, lending, distributing, transferring, or transferring software and services for profit, regardless of whether such use is for direct economic or monetary gain;

4.16 Other use of this software and other services provided in any illegal manner, for any illegal purpose, or in any manner inconsistent with this agreement;

4.17 If the user violates the above regulations, the company has the right to terminate, completely or partially suspend, or restrict the user's use of functions.

4.18 The use of this "software" must comply with relevant national laws and policies, safeguard national interests, protect national security, and comply with

This Agreement. The user shall be fully responsible for all liabilities arising from their use or violation of this Agreement, and the company and its cooperating units shall not be held responsible; If it causes losses to its cooperating units, the cooperating units have the right to demand compensation from the users and have the right to retain relevant records. Moreover, for users who violate this Agreement or other service terms related to the use of this software and access or cooperation units, the company has the right to take measures including but not limited to interrupting the use license, stopping the provision of services, restricting use, revoking the user, and pursuing legal action without prior approval from the user, depending on the nature of the user's behavior. We have the right to take back actions such as engaging in activities, harassing, or deceiving other users. Any losses resulting from this, including but not limited to communication interruptions, loss of user information, and loss of game props, shall be borne by the user themselves.

4.19 Like most Internet software, this "software" is affected by the difference of factors including but not limited to user reasons, network service quality, social environment and other factors, and may be disturbed by various security issues, such as the disturbance in real life caused by others using user information; Users downloading and installing other software or accessing other software containing viruses such as Trojan horses can threaten the security of their computer information and data, thereby affecting the normal use of this software, and so on. Users should enhance their awareness of information security and protection of user data, and pay attention to strengthening password protection to avoid losses and harassment.

Any other software derived from this "software" developed and officially released without authorization or authorization is illegal. Downloading, installing, and using such software may result in unforeseeable risks, and all legal liabilities and disputes arising therefrom are not related to our company. Users are not allowed to easily download, install, or use such software. Otherwise, the company will unilaterally terminate the user's eligibility to use it without prior notice.

4.21 The user agrees that personal privacy information refers to information that can be personally identified by the user or involves personal communication, including the following information: phone number, phone number, IP address, electronic address information. Rather than personal privacy information, it refers to the user's understanding of this software

Clear and objective basic record information, including operational status and usage habits, that are reflected on the server side, as well as general information beyond all other personal privacy information. Respecting the privacy of users' personal information is our company's consistent policy. We will take reasonable measures to protect users' personal privacy information. Unless required by law or government departments with legal authority or with users' consent, we will not disclose or reveal users' personal privacy information to third parties other than our cooperating units without users' consent. However, unless the user chooses or agrees during registration, or there are other agreements between the user and the cooperating unit regarding the disclosure or use of the user's personal privacy information, the user shall bear any risks that may arise from this, and the company shall not be responsible for it. At the same time, in order to operate and improve our company's technology and services, we may collect and use non personal privacy information of users ourselves or provide it to third parties, which will help provide users with a better user experience and improve our service quality.

 

Generally speaking, companies need to use users' information resources for the following reasons:

(1) Execute software verification services;

(2) Perform software upgrade services;

(3) Improve user security and provide customer support;

(4) When the user requests specific functions such as remote control or when the user requests the cooperating unit to provide specific services, the user's information needs to be provided to the associated third party;

(5) Using various non personal privacy data for commercial purposes, including but not limited to providing value-added services, advertising, targeted advertising, marketing, joint registration of other services, promotions or any other activities to third parties (collectively referred to as; commercial activities);

(6) Other benefits that benefit users and interests.

4.23 This "software" requires users to jointly enjoy and maintain the benefits it provides. Users hereby confirm and agree that this "software" may use your computer's processor, bandwidth, and other resources as necessary for the limited purpose of allowing other users of this "software" to communicate and share this "software" and services with you. This consent may affect the user's experience and bring unpredictable risks. You should carefully consider and make a choice, and take on the risk.

4.24 The user agrees that this "software" will use its reasonable efforts to protect the privacy and integrity of your computer resources and computer communications, but you acknowledge and agree that the company cannot provide any guarantees regarding this matter.

The ways of "user consent" in 4.25 include:

(1) Accept this Agreement and other service terms published by clicking on "User Consent" or other means

 

(2) Oral or written representations made by users through electronic, fax, instant messaging, and other means;

(3) If there is a "default agreement" clause in this Agreement or other service statements, and the user has no objection to it;

(4) Other methods recognized by both users.

4.26 reserves the right to disclose any information at any time as required by applicable laws, regulations, legal procedures or government requirements;

4.27 Replacement, modification, and upgrade of this "software": We reserve the right to provide you with replacement, modification, and upgrade versions of this "software" at any time, as well as the right to charge fees for replacement, modification, or upgrade. This' software 'has the' upgrade prompt 'function enabled by default for users. Depending on the version of the' software 'used, users are provided with the option to choose whether or not to enable this function. After the release of a new version of the software, there is no guarantee that the old version of the software will continue to be usable. Users shall bear the risk of unilaterally changing or restricting certain functions and effects of the software due to business development needs.

4.28 and/or the cooperative unit will provide users with various Internet and mobile communication value-added services related to the "software", including free and paid value-added services, according to the development of the market and technology. The cooperating units reserve the right to charge fees for relevant value-added services and change the charging standards and methods; If the relevant services are changed from free to paid services, and/or the cooperating unit will notify the user in an appropriate form that they can choose to accept or refuse the paid services, and guarantee that when using the paid services, they will pay the fees according to the relevant charging regulations of the cooperating unit. If they refuse to pay or default on fees, the cooperating unit has the right to stop the service and recover losses and compensation in accordance with the law.

4.29 The company has the right to place various advertisements and promotional information in or through the service, which may appear in the form of system messages or pop-up windows.

 

This "software" may use third-party software or technology, and such use is legally authorized. Any disputes arising from the use of third-party software or technology in this "software" shall be resolved by the third party, and our company shall not be held responsible. We do not provide customer service support for this third-party software or technology. If users need support, please contact the third party.