Software License and Service Agreement

Time:2019-05-06 12:00:00

【Important Notice】


[Wuyi Yuema Leisure Products Co., Ltd.] (hereinafter referred to as "Yuema" or "we") hereby specially remind users to read and fully understand this "Software License and Service Agreement" (hereinafter referred to as "this Agreement"). Users should carefully read and fully understand the terms of this agreement, especially those related to the exemption or limitation of Yuema liability, dispute resolution and applicable laws. Terms that exempt or limit liability will be marked in bold, you need to read it. Please read carefully and choose to accept or not accept this agreement (minors should be accompanied by legal guardians to read). Your download, installation, use of the software, account acquisition and login will be regarded as acceptance of this agreement, and agree to be bound by the terms of this agreement.



Yuema reserves the right to revise this agreement. The updated terms of the agreement will be published on the official website or software, effective from the date of announcement. Users can download and install the software again or check the latest version of the agreement terms on the website. After Yuema modify the terms of this agreement, if the user does not accept the revised terms, please immediately stop using the "Autoskate" software and services provided by Yuema, users continue to use the "Autoskate" software and services provided by Yuema will be considered The revised agreement has been accepted.



1. General



1.1. This agreement is between you (also referred to as "user" below) and Yuema and its operating cooperative units (hereinafter referred to as "cooperative unit") for users to download, install and use the Yuema "Autoskate" software (hereinafter referred to as "this" "Software") and agreements made using the services of Yuema.


1.2. This software and service is provided by Yuema installed on but not limited to mobile smart terminal equipment, providing users with the smart terminal to connect vehicles, view vehicle information, set vehicle parameters, and upgrade vehicles And services of Yuema.


1.3. The ownership and operation rights of this software and service are owned by Yuema.



2. Software authorization scope


2.1. Yuema gives the user a personal, non-transferable, non-transferable and non-exclusive license for this software.


2.2. Users can install, use, display, and run this software on a single mobile terminal device for non-commercial purposes. However, the user shall not install, use, or run this software for commercial operation purposes, and may not copy the software or the data released into the memory of any terminal device during the operation of the software and the interactive data between the client and the server during the operation of the software. Change, modify, connect to run or create any derivative works, including but not limited to using plug-ins, plug-ins or unauthorized third-party tools / services to access the software and related systems. If you need to sell, copy, and distribute commercially, such as software pre-installation and bundling, you must obtain a written authorization and permission from Yuema.


2.3. Users are not allowed to install this software on other terminal devices without express permission of Yuema, including but not limited to set-top boxes, game consoles, TV sets, DVD players, etc. without the permission of Yuema.


2.4. The user may make a copy of this software for the purpose of using this software and service, which is only used as a backup. The backup copy must contain all copyright information contained in the original software.


2.5. In addition to the express authorization of this Agreement, Yuema does not authorize other rights to users. If users use other rights, they must obtain the written consent of Yuema.



3. Software acquisition, installation, and upgrade


3.1. The user should download and install this software product according to the designated website or specified method of Yuema. Beware of downloading this software on non-designated websites to prevent mobile terminal devices from being infected with malicious programs that can destroy user data and obtain user privacy information. If the user obtains this software or an installer with the same name as this software from a third party not authorized by Yuema, Yuema cannot guarantee that the software can be used normally and will not be liable for any loss caused to you.


3.2. The user must select the version of the software that matches the installed terminal device. Otherwise, any software problems, device problems, or damage caused by the software and device model mismatch will be borne by the user.


3.3. In order to improve the user experience and improve the service content, Yuema has the right to provide you with replacement, modification, and upgrade versions of this software from time to time, and also has the right to charge fees for replacement, modification, or upgrade, but the fee will be obtained in advance with your consent. This software is the default “upgrade reminder” function for users. Depending on the version of the software used by users, Yuema provides users with the option to activate this function. After the new version of the software is released, Yuema does not guarantee the continued availability of the old version of the software.



Four, use specifications


4 .1. Users can use the software and services in accordance with this Agreement under the premise of observing the law and this Agreement, and the user shall not implement the following actions:


4. 1. 1. Delete all copyright information on this software and other copies, and modify, delete or circumvent the technical measures set up by this software to protect intellectual property rights;


4. 1. 2. Reverse engineering the software, such as disassembly, decompilation or other attempts to obtain the source code of the software;


4. 1. 3. By modifying or falsifying the instructions and data in the operation of the software, adding, deleting or changing the function or operation effect of the software, or operating or disseminating the software and methods used for the above purposes to the public, regardless of these Whether the behavior is for commercial purposes;


4. 1. 4. Use the software to carry out any actions that endanger network security, including but not limited to: use unauthorized data or enter unauthorized servers / accounts; enter public networks or other people's operating systems without permission and delete , Modify, increase the storage information; unauthorized attempts to detect, scan, test the weaknesses of the system or network of the software or other acts that violate the security of the network; attempt to interfere with, disrupt the normal operation of the software system or website, and intentionally spread malicious programs Or viruses and other actions that disrupt and interfere with normal network information services; forging TCP / IP packet names or partial names;


4. 1. 5. Users log in or use the software and services through third-party compatible software, systems developed, authorized or approved by non-Yuema company, or make, publish and disseminate the above tools;


4. 1. 6. The unauthorized implementation of the software and the information in it without the written consent of Yuema includes but is not limited to the following actions: use, rent, lend, copy, modify, link, reprint, compile, publish, publish, establish Mirror sites, unauthorized development of derivative products, works, services, plug-ins, plug-ins, compatibility, interconnection, etc. related to this software without authorization;


4. 1. 7. Use this software to publish, transmit, spread, and store content that violates your local laws; if you are a user in the mainland of the People's Republic of China, use this software to publish, transmit, spread, and store that violates national laws and endangers the country Security, motherland unity, social stability, public order and good customs, or any inappropriate, insulting, obscene, obscene, violent, and any content that violates national laws, regulations, and policies;


4. 1. 8. Use this software to publish, transmit, disseminate, and store content that infringes on the legal rights of others' intellectual property rights, business secrets, etc .;


4. 1. 9. Use this software to publish, transmit, and disseminate advertising information and spam in batches;


4. 1. 1 0. Other use of this software and other services provided by Yuema in any illegal way, for any illegal purpose, or in any way inconsistent with the license use of this agreement;


4.2. Information release specifications


4. 2 .1. You can use this software to publish opinions, data, text, information, user names, pictures, photos, personal information, audio, video files, links and other information content that are original or that you have the right to publish. You must ensure that you own the intellectual property rights of the information content you uploaded or have obtained legal authorization, and any behavior of your use of the software and services does not infringe the legal rights of any third party.


4. 2 .2. When you use this software, you must abide by local laws and regulations. If you are a user in the mainland of the People's Republic of China, you should especially abide by Chinese laws and regulations, socialist systems, national interests, citizens' legitimate rights and interests, social public order, moral customs and truthful information Sex and other "seven bottom lines" requirements.


4.2.3. When you use this software, you must not use this software to engage in the following behaviors, including but not limited to:


4. 2. 3 .1. Produce, copy, publish, disseminate, store content that violates local laws and regulations. If you are a user in the mainland of the People's Republic of China, engage in the actions described in (1)-(11) below:


(1) Opposing the basic principles stipulated in the Constitution;


(2) Endangering national security, leaking state secrets, subverting state power, and undermining national unity;


(3) Damage to national honor and interests;


(4) Inciting ethnic hatred, ethnic discrimination, and undermining ethnic unity;


(5) Undermine national religious policies and promote cults and feudal superstitions;


(6) Spreading rumors, disturbing social order and undermining social stability;


(7) Spreading obscenity, pornography, gambling, violence, homicide, terror or instigating crime;


(8) Insult or slander others, infringing on the legal rights and interests of others;


(9) Inciting illegal assembly, association, march, demonstration, gathering and disturbing social order;


(10) Activities in the name of illegal civil organizations;


(11) Containing other contents prohibited by laws and administrative regulations.


4. 2. 3. 2. Publish, transmit, disseminate, store content that infringes on the legal rights of others ’reputation, portrait rights, intellectual property rights, business secrets, etc .;


4. 2. 3 .3. Fictional facts, concealing the truth to mislead and deceive others;


4. 2. 3 .4. Publish, transmit and disseminate advertising information and spam;


4. 2. 3 .5. Engaging in other acts that violate local laws and regulations.


4.2.4. You may not engage in any commercial activities such as publishing advertisements or selling commodities in this software without the permission of Yuema.


4.3 You understand and agree:


4. 3 .1. Yuema will determine whether the user is suspected of violating the above-mentioned usage specifications, and suspend or terminate your license or take other restrictive measures that can be taken in accordance with this agreement based on the result of the determination;


4.3 .2. For the information released by users when they use the licensed software, suspected of illegal or suspected of infringing on the legal rights of others or violating this agreement, Yuema will delete it directly;


4.3 .3. If the user violates the above-mentioned usage rules and causes damage to third parties, you need to independently bear legal responsibility in your own name, and should ensure that Yuema is free from losses or additional costs;


4.3.4. If the user violates the relevant laws and regulations or the agreement, causing Yuema to suffer losses, or be subject to third-party claims, or be punished by the administrative authority, the user shall compensate Yuema for the losses and / or expenses incurred, including reasonable Attorney ’s fees, investigation and evidence collection fees.



V. Privacy Policy and Personal Information Protection


5.1. Protecting your personal information is very important to Yuema. In order to provide software functionality and improve user experience, Yuema will collect the following types of data:


5.1.1. Device related information: information related to your device hardware, performance, status, applications, etc. For example, system version, device manufacturer information, model name, device identification code, installed and used applications. When Bluetooth is connected, the speed and mileage information of the device, the serial number of the device, the version number of the device firmware, battery information, and lamp information will be obtained through Bluetooth.


5.1.2. Information we designate about you: We may collect and use information such as a Yuema account.


5.1.3. Network usage information: We may collect network types, network signals, etc. related to certain functions of the Yuema software you use.


5.2. We will collect, use and protect your data in accordance with our privacy policy. You can check the privacy policy information [http://api4.ninebot.cn/h5/privacy_agreement/privacy] on the following website.


5.3. From time to time, we may share data related to products and services of the Xiaomi / Mijia brand with Xiaomi to provide and improve exciting products and services (including software and hardware) from Xiaomi and the Xiaomi ecological chain, bringing more Good features and user experience.



6. Service Risk and Disclaimer


6.1. Users must equip themselves with mobile terminal equipment for Internet access and use of telecommunications value-added services, and bear the communication fees and information fees charged by personal mobile terminal equipment for Internet access or third parties (including but not limited to telecommunications or mobile communication providers) Related fees. If it involves telecommunications value-added services, we recommend that you check with your telecommunications value-added service provider for related cost issues.


6.2. Yuema and its partners shall not be liable for all losses suffered by users due to third-party communication line failures, technical problems, network, mobile terminal equipment failures, system instability, and various other force majeure reasons.


6.3. This software, like most Internet software, is affected by differences in factors including but not limited to user reasons, network service quality, social environment and other factors, and may be harassed by various security issues, such as the use of user data by others, causing real life Harassment in other users; other software downloaded or installed by users or other websites visited contain viruses such as "Trojan horses", which threaten the security of the user's terminal equipment information and data, which in turn affects the normal use of the software, etc. Users should strengthen the awareness of information security and user data protection, and pay attention to strengthen password protection to avoid loss and harassment.


6.4. When the user uses the software or requests Yuema to provide specific services, the software may call a third-party system or third-party software to support the user's use or access. The results of the use or access are provided by the third party, and Yuema does not guarantee The safety, accuracy, validity, and other uncertain risks of the results achieved through the support of third-party systems or third-party software, Yuema shall not be liable for any disputes and damages arising therefrom.


6.5. Yuema specially draws users' attention. In order to protect the company's autonomy in business development and adjustment, Yuema company has the right to modify or interrupt the service at any time without notifying the user. Responsible to the user or any third party.


6.6. Except as clearly stipulated by laws and regulations, we will do our best to ensure that the software and the technology and information involved are safe, effective, accurate and reliable, but it is limited by the existing technology, and users understand that Yuema cannot guarantee .


6.7. Personal injury or incidental and indirect economic damage compensation caused by or related to the user due to any of the following circumstances, including but not limited to loss of profits, loss of data, damage to business interruption or other commercial damage compensation or The losses shall be borne by the users themselves: (1) use or failure to use the licensed software; (2) unauthorized use of software by third parties or changes to the user's data; (3) costs and losses incurred by users' use of the software ; (4) Misunderstanding of the user by the software; (5) Other losses related to the software not caused by the Prancing Horse.


6.8. Any personal or economic injury or loss caused or likely to be caused or misleading by users through misleading or deception between users and other users who use the software shall be liable by the faulty party according to law.



7. Intellectual Property Rights Statement


7.1. Yuema is the intellectual property owner of this software. All copyrights, trademarks, patents, trade secrets and other intellectual property rights of the software, as well as all information content related to the software (including but not limited to text, pictures, audio, video, graphics, interface design, layout framework, relevant data Or electronic files, etc.) are protected by local laws and regulations and corresponding international treaties. In addition to the Xiaomi / Mijia trademark, Yuema enjoys the above intellectual property rights.


7.2 Without the written consent of Yuema, users shall not, for any commercial or non-commercial purpose, license or permit any third party to implement, use, or transfer the above intellectual property rights. Yuema reserves the right to pursue legal responsibility for the above acts.



8. Change of Agreement


8.1. The company has the right to modify the terms of this agreement when necessary. Once the terms of the agreement change, the revised agreement terms will be published on the relevant pages. If you do not agree with the changed content, users should take the initiative to cancel this service. If the user continues to use the service, it is deemed to accept the changes in the terms of the agreement.


8.2. The Yuema company and the cooperative company have the right to modify or change the provided charging services, charging standards, charging methods, service fees and service terms as required. When providing services, Yuema may or may start charging certain fees for users of some services. If users refuse to pay such fees, they cannot continue to use the related services after the fee starts. Yuema and partner companies will do their utmost to notify users of the amendments or changes via email or other means.



9. Applicable Law and Dispute Resolution


9.1. The validity and interpretation of the terms of this agreement are applicable to the laws of the People's Republic of China. If there are no relevant laws, refer to the use of international business practices and / or business practices.


9.2. This agreement was signed in Haidian District, Beijing.


9.3. The user and Yuema agree that all disputes arising from this service shall be resolved through negotiation, and neither party can submit to the court in the jurisdiction where this agreement is signed for settlement.



Ten, other


10.1. When users use a particular service of this software, the service may have separate agreements, relevant business rules, etc. (hereinafter collectively referred to as "separate agreements"), please read and agree to the relevant before using this service Separate agreement.


10.2. The effective date of this agreement is May 23, 2010.


10.3. The headings of all the terms of this agreement are for easy reading, and have no actual meaning, and cannot be used as the basis for the interpretation of the meaning of this agreement.


10.4. The terms of this agreement are partially invalid or unenforceable for whatever reason, and the remaining terms are still valid and binding on both parties.



Wuyi Yuema Leisure Products Co., Ltd.


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