《Software License and Service Agreement》
《Software License and Service Agreement》
Important Notice:
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 and conditions of this Agreement, including the disclaimer clauses that exempt or limit liability and the clauses that restrict the rights of users. Please read carefully and choose to accept or reject this Agreement (minors should read it under the supervision 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 of downloading, installing, using, accessing, and logging in shall be deemed as acceptance of this Agreement and agreement to be bound by all its terms. This Agreement is entered into between you (hereinafter referred to as the “User”) and CChengdu GemuBafu Technology Co., Ltd(hereinafter referred to as the ‘Company’) and its operational partner entities (hereinafter referred to as the “Partner Entities”) regarding the User's download, installation, use, management, and use of related services. This Agreement describes the rights and obligations between the Company and the User regarding the licensing and use of the “Software” and related services. “User” refers to an individual or organization that obtains software products, licenses, and related services through the provided channels for obtaining software authorization and registration. This Agreement may be updated at any time. Once the updated terms of the Agreement are published, they shall replace the original terms of the Agreement, and no further notice will be provided. Users may re-download and install the software or review the latest version of the Agreement terms. After modifying the terms of this Agreement, if the user does not accept the modified terms, please immediately cease using the provided software and services. Continued use of the provided software and services shall be deemed as acceptance of the modified Agreement.
1. Intellectual Property Rights Statement
1.1 This “Software” is developed by Chengdu GemuBafu Technology Co., Ltd. All intellectual property rights related to the “Software,” including but not limited to trademarks, patents, trade secrets, and all information related to the “Software,” such as textual expressions and their combinations, icons, decorations, charts, colors, interface designs, layout frameworks, relevant data, printed materials, or electronic documents, are protected by the Copyright Law, Trademark Law, Patent Law, Anti-Unfair Competition Law, and relevant international treaties, as well as other intellectual property laws and regulations of the People's Republic of China. Except for software or technologies involving third-party licenses, the Company holds the aforementioned intellectual property rights.
1.2 Without prior written consent, users may not, for any profit-making or non-profit-making purposes, independently implement, utilize, transfer, or license any third party to implement, utilize, or transfer the aforementioned intellectual property rights. The Company reserves the right to pursue legal action against any unauthorized use of the aforementioned intellectual property rights.
2. Software License
2.1 Users shall not copy, modify, alter, run in conjunction with, or create derivative works in any form, including but not limited to plugins, add-ons, or unauthorized third-party tools/services, from the software or data released during the software's operation stored on any computer terminal, or from the interaction data between the client and server during the software's operation.
2.2 Reserved Rights: All other rights not expressly granted herein remain the property of the Company. Users must obtain separate written consent from the Company to exercise such rights.
3. To use the Software, users must complete and submit personal or organizational information for registration. As part of the registration process, users must agree to:
(1) Provide accurate, up-to-date, and complete personal information as prompted during the registration process;
(2) Maintain and update the registrant's information as needed to ensure it remains up-to-date, complete, and accurate. If you are under 18 years of age, you must read and submit the registration with the accompaniment of a legal guardian.
3.1 Users may use the various services provided through registration. Services include, but are not limited to, PC-based and mobile device software, among others, that can be accessed or used through login. The company reserves the right to modify and explain future services. Regardless of the method by which users obtain access, they are bound by this agreement. When using services, users must also comply with the terms of service for each respective service.
3.2 Ownership of the product belongs to the platform. Users obtain usage rights after completing the registration process.
3.3 The right to use the product belongs solely to the initial registrant. It is prohibited to gift, lend, rent, transfer, or sell the right to use the product. If it is discovered that the user is not the initial registrant, the Company reserves the right to recover the account without notice and without incurring any legal liability to the user. Any losses resulting from this, including but not limited to interrupted communication or the deletion of user data, shall be borne by the user. Users are prohibited from privately transferring the account, whether for compensation or free of charge, to avoid disputes arising from such issues. Users shall bear all losses incurred as a result of violating this requirement and reserve the right to pursue legal liability against such individuals.
3.4 Users are responsible for safeguarding their account passwords and shall be fully liable for all activities conducted under their account and password. Users must prioritize password protection. If a user discovers unauthorized use of their account, they must immediately notify the platform.
3.5 If a user loses or forgets their password, they must promptly submit a claim through the designated appeal process to retrieve it. Users should provide personal password protection information to enhance security. Users may submit an appeal to the Company using their initial registration information and personal password protection information to request password retrieval. The password retrieval mechanism only verifies the accuracy of the information provided in the appeal form against system records and cannot confirm whether the appellant is the legitimate account holder. The Company shall not be liable for any losses incurred by users due to fraudulent claims by others. Users are responsible for the security of their passwords, and the Company does not guarantee that users will be able to recover their passwords through the appeal process after losing or forgetting them.
3.6 If a user does not use the account for an extended period after registration, the Company reserves the right to reclaim the account to prevent resource wastage. Any losses resulting therefrom, including but not limited to communication interruptions or loss of user data, shall be borne by the user.
4.“Software” Usage
4.1 Users logging into or using the software and services through third-party compatible software or systems not developed, authorized, or endorsed by the Company; or using plugins or add-ons not developed, authorized, or certified by the Company for the software and services;
4.2 Deleting all information related to the software from the software and its copies;
4.3 Performing reverse engineering, disassembly, or decompilation on the software;
4.4 Without prior written consent, users shall not engage in any of the following acts with respect to information related to the Software: using, renting, lending, copying, modifying, compiling, publishing, establishing mirror sites, or developing derivative products, works, services, plugins, add-ons, compatible software, or interconnected systems related to the Software;
4.5 Using this “Software” to publish, transmit, disseminate, or store content that violates national laws, endangers national security, national unity, social stability, public order, and good customs, or any inappropriate, defamatory, obscene, violent, or otherwise unlawful content;
4.6 Using this “software” to publish, transmit, disseminate, or store content that infringes upon others' intellectual property rights, trade secrets, or other legitimate rights;
4.7 Creating false identities to mislead or deceive others;
4.8 Using this “software” to bulk publish, transmit, or disseminate advertising information or spam;
4.9 Transmitting or disseminating files containing images, photographs, software, or other materials protected by intellectual property laws, including but not limited to trademark laws (or privacy rights or publicity rights), unless the user owns or controls the corresponding rights or has obtained all necessary approvals;
4.10 Using any materials or information obtained through this “Software” that infringes trademarks, patents, trade secrets, or other proprietary rights of any party;
4.11 Engaging in any activities that endanger computer network security, including but not limited to: accessing unauthorized data or servers; unauthorized access to public computer networks or others' computer systems to delete, modify, adding stored information; attempting to probe, scan, or test the weaknesses of this “Software” system or network, or engaging in other acts that undermine network security; attempting to interfere with or disrupt the normal operation of this “Software” system, intentionally spreading malicious programs or viruses, or engaging in other acts that disrupt or interfere with normal network information services; forging TCP/IP data packet names or partial names;
4.12 You may not modify or forge instructions, data, or data packets during the operation of the software to add, delete, or alter the software's functions or operational effects, nor may you maliciously disseminate or operate software intended for such purposes through information networks to the public;
4.13 Using this software and the services provided in nuclear facilities, life support systems, or other major equipment that could endanger human life or property. Users understand that this software and the services provided are not designed for such purposes. If personnel injuries, severe property losses, or environmental damage result from the failure of such operations due to the software or services, the Company shall not assume any liability;
4.14 Users are prohibited from creating, publishing, or disseminating software designed to steal others' proprietary information, property, or data;
4.15 Without the Company's prior written authorization, users may not sell, rent, lend, distribute, transfer, or sublicense the software or services for profit, regardless of whether such use results in direct economic or monetary gains;
4.16 Using the software and other services provided in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement;
4.17 If a user violates the above provisions, the Company reserves the right to terminate, suspend in whole or in part, or restrict the user's access to the services.
4.18 The use of this “software” must comply with national laws and policies, safeguard national interests, protect national security, and adhere to
this Agreement. For any liability arising from the user's violation of this Agreement, the user shall bear full responsibility, and the Company and its partner entities shall not be held liable in any way; if such violation causes losses to the partner entities, the partner entities have the right to claim compensation from the user and retain relevant records. Furthermore, for users who violate this Agreement or violate the terms of service related to the use of this software, access to other services provided by the Company or its partner entities, the Company reserves the right, based on the nature of the user's actions and without prior notice to the user, to take measures including but not limited to interrupting the use license, ceasing service provision, restricting use, revoking user accounts, and pursuing legal action. The Company reserves the right to revoke the user's account for engaging in activities such as harassment or deception of other users. Any losses resulting therefrom, including but not limited to communication interruptions, loss of user data, or loss of in-game items, shall be borne solely by the user.
4.19 Like most internet software, this “Software” may be subject to various security issues due to factors such as user-related causes, network service quality, or social environment differences. These issues may include others using the user's data, causing harassment in real life; or other software downloaded and installed by users, or access to other content containing “Trojan horses” or other viruses, threatening the security of users' computer information and data, thereby affecting the normal use of this “Software,” etc. Users should strengthen their awareness of information security and the protection of user data, and pay attention to strengthening password protection to avoid losses and harassment.
4.20 Any software derived from this “Software” that is not officially released by or authorized by the Company is illegal. Downloading, installing, or using such software may result in unpredictable risks, and the Company shall not be liable for any legal responsibilities or disputes arising therefrom. Users shall not download, install, or use such software lightly. Otherwise, the Company may unilaterally terminate the user's usage rights without prior notice.
Users agree that personal privacy information refers to information that can identify the user personally or involves personal communication, including the following information: mobile phone number, mobile phone, IP address, and email address information. Non-personal privacy information refers to basic record information that is clearly and objectively reflected on the server side, such as the user's operation status and usage habits of the software, and other ordinary information outside of personal privacy information. Respecting the privacy of users' personal privacy information is the Company's consistent policy. We will take reasonable measures to protect users' personal privacy information. Except as required by law or by government departments with legal authority, or with the user's consent, we will not disclose or reveal users' personal privacy information to third parties other than Partners without the user's consent. However, this does not apply if the user chooses or agrees during registration, or if there is a separate agreement between the user and the Company and Partners regarding the disclosure or use of personal privacy information. At the same time, users shall bear any risks that may arise from this, and the Company shall not be responsible for them. Additionally, to operate and improve the Company's technology and services, we may collect and use or provide users' non-personal privacy information to third parties, which will help provide better user experiences and improve our service quality.
4.22 Generally speaking, the Company needs to use users' information resources for the following reasons:
(1)o perform software verification services;
(2)To perform software upgrade services;
(3)To enhance user safety and provide customer support;
(4) When users use specific functions such as remote control or request partner companies to provide specific services, the Company needs to provide users' information to third parties associated with such functions or services;
(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 for other services, promotions, or any other activities (collectively referred to as “commercial activities”) to third parties;
(6) Other purposes that are beneficial to users and their interests.
4.23This “Software” requires users to jointly enjoy and maintain the benefits it provides. Users hereby confirm and agree that this “Software” may, when necessary, use your computer's processor and bandwidth resources for the limited purpose of allowing other users of this ‘Software’ to communicate with you and share this “Software” and its services. This agreement may affect your user experience and introduce unforeseeable risks. You should carefully consider and make your choice, assuming the associated risks.
4.24Users agree that the “Software” will use reasonable efforts to protect the privacy and integrity of your computer resources and computer communications; however, you acknowledge and agree that the Company cannot provide any guarantees in this regard.
4.25The methods of “user consent” include:
(1) Clicking “User Consent” or otherwise accepting this Agreement and other service terms published;
(2)Oral or written statements made by the user via electronic, fax, instant messaging, or other means;
(3)Where this Agreement or other service statements contain “default consent” clauses, and the user has no objections thereto;
(4)Other methods mutually agreed upon by the user.
4.26We reserve the right to disclose any information at any time as required by applicable laws, regulations, legal procedures, or government requests;
4.27 Replacement, modification, and upgrading of the “Software”: reserves the right to provide users with replacement, modified, or upgraded versions of the “Software” at any time, as well as the right to charge fees for such replacements, modifications, or upgrades. The ‘Software’ defaults to enabling the “Upgrade Notification” feature for users. Depending on the version of the “Software” used, users may choose whether to enable this feature. After the release of a new version of the Software, we do not guarantee the continued availability of the old version. We reserve the right to unilaterally modify or restrict certain functional effects of the Software due to business development needs, and users shall bear this risk.
4.28and/or its partner entities may, based on market and technological developments, provide users with various internet and mobile communication value-added services related to this “Software,” including both free and paid value-added services. and/or its partner entities reserve the right to charge fees for such value-added services and to alter the fee standards and methods; if any such service is changed from free to paid, and/or its partner entities will notify users in an appropriate manner, allowing users to choose whether to accept or reject the paid service, and the user agrees to pay fees in accordance with the relevant charging regulations of the Company and/or its partner(s) when using paid services. If the user refuses to pay or defaults on payment, the Company and/or its partner(s) have the right to suspend services and seek compensation for losses and damages in accordance with the law.
4.29The Company has the right to display various advertisements and promotional information within the service or through the service. Such advertisements may appear in the form of system messages or pop-up windows.
4.30This “Software” may use third-party software or technology, all of which have been obtained with valid authorization. Any disputes arising from the use of third-party software or technology in this “Software” shall be resolved by the third party, and the Company shall not assume any responsibility. The Company does not provide customer support for such third-party software or technology. If users require support, they should contact the third party directly.
5.Legal Liability and Disclaimer
5.1License to Use
5.1.1Use of Your Computer: To access the benefits provided by this “Software,” you hereby grant permission to use your computer's processor and bandwidth for the limited purpose of enabling communication and interaction with other software users.
5.1.2 Protection of the User's Computer (Resources): The user acknowledges that the software will use commercially reasonable efforts to protect the user's computer resources and the privacy and integrity of computer communications. However, the user acknowledges and agrees that the Company cannot provide any guarantees in this regard.
5.1.3 This software is a network gaming tool. To improve software services and user experience, and to enhance product functionality, the Company may develop new services or adjust software functionality on its own or in collaboration with partners.
5.2 Special Notice to Users: To safeguard the Company's right to adjust its business operations, the Company reserves the right to modify or terminate the software license at any time without notice to users. If necessary, such modifications or terminations will be announced on important pages.
5.3 If a user violates this Agreement or relevant service terms, resulting in any third-party claims, demands, or losses (including reasonable attorney’s fees), the user agrees to indemnify and hold harmless the Company, its affiliated companies, and its partners. In such cases, the Company reserves the right, depending on the nature of the user’s actions, to take the measures described in Section 4.18 of this Agreement without prior notice to the user.
5.4The use of this “Software” is at the user's own risk, and the collaborating entity makes no warranties of any kind regarding this “Software,” whether express, implied, or statutory, including but not limited to warranties and conditions of merchantability, fitness for a particular purpose, freedom from viruses, negligence, or technical defects, ownership, and non-infringement. The Company and its partner entities shall not be liable for any direct, indirect, incidental, special, or consequential damages or risks arising from the use or inability to use this Software under any circumstances.
5.5 The use of this “Software” involves internet services, which may be subject to instability factors at various stages. Risks such as force majeure, computer virus attacks, system instability, user shutdown at the user's location, illegal content, spam information, blocking, or other network, technical, communication line, or information security management measures, resulting in service interruptions, obstructions, or other issues that fail to meet user requirements. Users must understand and assume these risks on their own. The Company and its partners shall not be liable for any inability to send or receive messages, or for sending or receiving incorrect messages.
5.6Using this “software” may involve risks of receiving anonymous or impersonated messages containing threatening, defamatory, offensive, or illegal content from others. Users must understand and assume these risks on their own. The Company and its partner entities shall not be liable for the authenticity, applicability, or legality of any such information.
5.7The Company and its partner entities shall not be liable for any losses incurred by users due to unforeseeable circumstances such as communication line failures, technical issues, network or circuit failures, system instability, or other force majeure events caused by third parties such as telecommunications departments.
5.8In the event of force majeure events such as technical failures that affect the normal operation of the service, the Company and its partner entities commit to cooperating with relevant parties to promptly address and resolve the issue. However, the Company and its partner entities shall not be liable for any losses incurred by users as a result.
5.9Any psychological or physiological harm, or economic losses, caused or potentially caused by users being misled or deceived through interactions with other users via this “Software” shall be solely the responsibility of the party at fault, and shall have no connection with the Company or its partner entities.
6 Other Terms
6.1 Integrity of the Agreement: This Agreement, together with the usage agreements and license terms for third-party authorized software or technology, collectively constitute the complete agreement for this “Software” and its supporting services.
6.2 If any provision of this Agreement is deemed invalid in whole or in part, such invalidity shall not affect the validity of the remaining provisions.
6.3 All headings in this Agreement are for convenience of reference only and have no legal effect; they shall not be used as a basis for interpreting the meaning of this Agreement.
6.4 This Agreement is entered into in [location]. The interpretation, validity, and resolution of disputes under this Agreement shall be governed by the laws of the People's Republic of China.
If any disputes or controversies arise between users, they shall first be resolved through friendly negotiations. If negotiations fail, the users hereby agree to submit the disputes or controversies to the people's court with jurisdiction at the place of signing for adjudication.
This Agreement is owned by our company, which reserves all rights of interpretation. The software and service names mentioned herein may be registered trademarks or trademarks of our company and are protected by law.
Chengdu GemuBafu Technology Co., Ltd. reserves all rights and rights of interpretation.