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Smart Wear Software License and Service Agreement-En
栏目:APP 发布时间:2019-09-30

Smart Wear Software License and Service Agreement

 

[First and Introduction]

Welcome to Smart Wear software and services!

 

In order to use Smart Wear software (hereinafter referred to as "the Software") and services, you shall read and abide by the "Smart Wear Software License and Service Agreement" (hereinafter referred to as "this Agreement"), and "Shenzhen Manridy Co., Ltd. Service Agreement" . Please be sure to read carefully and fully understand the terms and conditions, especially the terms of exemption or limitation of liability, and the separate agreement to open or use a service, and choose to accept or not accept. Restrictions and disclaimers may alert you to bold forms.

 

You are not authorized to download, install or use the Software and related services unless you have read and accepted all the terms of this Agreement. Your download, installation, use, login, etc. are deemed to have been read and agreed to be bound by the above agreement.

 

If you are under the age of 18, please read this Agreement and the other agreements mentioned above with your legal guardian and pay special attention to the terms of use for minors.

 

First, [the scope of the agreement]

 

1.1 [Scope of Applicable Subjects] This Agreement is an agreement between you and Shenzhen Manridy Co., Ltd. regarding the downloading, installation, use, and copying of the Software and the use of services related to Shenzhen Manridy Co., Ltd.

 

1.2 [This License Agreement points to the content] The license content under this Agreement refers to the licenses and services provided by Shenzhen Manridy Co., Ltd. to users including but not limited to Smart Wear software (hereinafter referred to as the Service). (hereinafter referred to as "the Service").

 

1.3 [Protocol Relationship and Conflict Clause] This agreement is regarded as "Shenzhen Manridy Co., Ltd. Service Agreement" (link address: http://manridy.com/article-27916-48618.html, if the link address is changed, The content corresponding to the changed link address shall prevail; if the other link address changes, the foregoing agreement shall apply.) If there is any conflict between this agreement and the above content, this agreement shall prevail. The contents of this agreement also include the relevant agreements and business rules of the service that may be continuously released by Shenzhen Manridy Co., Ltd. Once the above content is officially released, it is an integral part of this agreement and you should also abide by it.

 

Second, [about this service]

 

2.1 [Contents of the Service] This service refers to the content management, application, device update package, etc. of the application, address book, SMS, photo, etc. installed on the terminal device provided by Shenzhen Manridy Co., Ltd. Software licenses and services for downloading, and file management backup and restore functions.

 

2.2 [Scope of this Service License] Shenzhen Manridy Co., Ltd. grants you a personal, non-transferable and non-exclusive license to use the Software. You may install, use, display, and operate the Software on a single terminal device for non-commercial purposes. You may make a copy of the Software in a computer readable form for the purposes of the Software and the Services, and use it only as a backup. The backup copy must contain all copyright information contained in the original software. All other rights not expressly authorized by this section and other terms of this Agreement shall be retained by Shenzhen Manridy Co., Ltd., and you must obtain the written permission of Shenzhen Manridy Co., Ltd. in exercising these rights. Shenzhen Manridy Co., Ltd. does not constitute a waiver of this right if it does not exercise any of the aforementioned rights.

 

Third, [software acquisition]

 

3.1 You can obtain the software directly from the website of Shenzhen Manridy Co., Ltd., or you can obtain it from a third party authorized by Shenzhen Manridy Co., Ltd.

 

3.2 If you obtain the software or the same installation procedure from the third party authorized by Shenzhen Manridy Co., Ltd., Shenzhen Manridy Co., Ltd. cannot guarantee that the software can be used normally, and therefore gives you The damage caused is not responsible.

 

Fourth, [software installation and uninstallation]

 

4.1 Shenzhen Manridy Co., Ltd. may develop different software versions for different terminal devices. You should choose to download the appropriate version for installation according to the actual situation, and you may not install this software without Shenzhen Manridy Co., Ltd. The company expressly permits other terminal devices. Shenzhen Manridy Co., Ltd. assumes no responsibility for the risks and losses caused by improper installation of the appropriate software version.

 

4.2 After downloading the installer, you need to follow the steps suggested by the program to install it correctly.

 

4.3 In order to provide better and safer services, Shenzhen Manridy Co., Ltd. may recommend you to install other software during the installation of this software. You can choose to install or not to install.

 

4.4 If you no longer need to use the software or need to install a new version of the software, you can uninstall it yourself. If you are willing to help Shenzhen Manridy Co., Ltd. improve product service, please inform the reason for the uninstall.

 

Five, [software update]

 

5.1 In order to enhance the user experience and improve the service content, Shenzhen Manridy Co., Ltd. will continuously strive to develop new services and provide software updates from time to time (these updates may take the form of software replacement, modification, function enhancement, version upgrade, etc.) ).

 

5.2 In order to improve the user experience and ensure the security and consistency of the service, Shenzhen Manridy Co., Ltd. has the right to update the software without special notice to you, or to change or limit some of the software's functional effects. .

 

5.3 After the new version of the software is released, the old version of the software may not be available. Shenzhen Manridy Co., Ltd. does not guarantee that the old version of the software will continue to be available and the corresponding customer service, please check and download the latest version at any time.

 

6. [User Personal Information and Device Permissions]

 

6.1 Protecting User's Personal Information is a basic principle of Shenzhen Manridy Co., Ltd. Shenzhen Manridy Co., Ltd. will take reasonable measures to protect users' personal information. Shenzhen Manridy Co., Ltd. uses professional encryption storage and transmission methods for relevant information to ensure the security of users' personal information.

 

6.2 Shenzhen Manridy Co., Ltd. will use a variety of security technologies and procedures to establish a sound management system to protect your personal information from unauthorized access, use or disclosure.

 

6.3 During the use of this service, you may need to use some necessary information or permissions. For example, in order to provide better terminal resource management services, you need to provide and display the mobile terminal device model or name to complete the device docking and adaptation. Etc.; in order to achieve the relevant optimization, acceleration, killing, display, management and other functions in this service, if necessary, may check the relevant situation of your mobile terminal equipment, including but not limited to the operating environment, memory, mobile phone data, etc.; In order to implement the child guard function, you need to open the necessary permissions such as the accessibility functionof the mobile terminal according to the relevant guidelines. If there are special provisions in national laws, regulations or policies, you need to provide true identity information. If the information you provide or provide is incomplete or does not have the necessary permissions, you may not be able to use the Service or be restricted during use.

 

6.4 Without your consent, Shenzhen Manridy Co., Ltd. will not disclose your personal information to any company, organization or individual other than Shenzhen Manridy Co., Ltd., except as otherwise provided by laws and regulations.

 

6.5 Shenzhen Manridy Co., Ltd. attaches great importance to the protection of personal information of minors. If you are a minor under the age of 18, you should obtain the written consent of your parent or legal guardian before using the services of Shenzhen Manridy Co., Ltd.

 

7. [Main Rights and Obligations]

 

7.1 [User Precautions]

 

7.1.1 You understand and agree that in order to provide you with effective services, you hereby license Shenzhen Manridy Co., Ltd. to utilize the resources of your computer and mobile communication terminal processor and bandwidth. The cost of data traffic may be generated during the use of the software. Users are required to know the relevant tariff information from the operator and bear the relevant expenses.

 

7.1.2 When you use a particular service of the Software, the service may have separate agreements, related business rules, etc. (collectively referred to as "individual agreements"). Please read and agree to the relevant services before using the service. Separate agreement.

 

7.1.3 Users are responsible for the following risks, including but not limited to the risks that Shenzhen Manridy Co., Ltd. cannot control when using the software and services:

 

7.1.3.1 Risk of loss or leakage of personal information due to irresistible factors;

 

7.1.3.2 This service is only applicable to mobile phones with android operating system installed. Users need to confirm the mobile phone models supported by this service and have installed android mobile phone operating system before use. Otherwise, the software does not match the mobile phone model and operating system. Any software problems, mobile phone problems or damages caused by the user are the responsibility of the user.

 

7.1.3.3 User Mobile Privacy Information The information security risks that may arise when using the Software and Services.

 

7.1.3.4 Users are subject to the content quality and security issues when accessing third-party websites or applications using this software.

 

7.1.3.5 Due to unstable network signals and small network bandwidth, the Smart Wear synchronization login fails, data synchronization is incomplete, and page open speed is slow.

 

Eight, [user behavior specification]

 

8.1 [Information Content Specification]

 

8.1.1 You may use the Software and Services to post information such as opinions, data, text, information, user names, pictures, photos, personal information, audio, video files, links, etc. that you have original or that you have the right to publish. You must ensure that you own the copyright of the content you have uploaded or that you have obtained legal authorization, and that any use of the Software and Services does not infringe the legal rights of any third party.

 

8.1.2 You may not use the Service to perform the following acts while using the Service, including but not limited to:

 

(1) Publish, transmit, disseminate, and store content that violates national laws, endangers national security, social stability, public order, social morality, and insults, slander, obscenity, and violence;

 

(2) publishing, transmitting, disseminating, and storing content that infringes on the legal rights of others, such as reputation rights, portrait rights, intellectual property rights, and trade secrets;

 

(3) Fictional facts, concealing the truth to mislead and deceive others;

 

(4) Publish, transmit, and disseminate advertising information and spam;

 

(5) Other information that violates laws, regulations, policies, and public order, social morality, or infringement of the legitimate rights and interests of third parties.

 

8.2 [Software Usage Specification] Unless the law permits or the written permission of Shenzhen Manridy Co., Ltd., you may not engage in the following acts during the use of this software:

 

(1) delete the copyright information on the software and its copy;

 

(2) Reverse engineering, reverse assembly, reverse compilation, or other attempts to discover the source code of the software;

 

(3) use, rent, lend, copy, modify, link, reproduce, compile, publish, publish, and create mirror sites for the intellectual property rights of Shenzhen Manridy Co., Ltd.;

 

(4) Copying, modifying, adding, or deleting the data released into the memory of any terminal during the running of the software or the software, the interaction data between the client and the server during the running of the software, and the system data necessary for the running of the software. , hook-and-run or create any derivative works, including but not limited to access to the Software and related systems using plug-ins, plug-ins or non-Shenzhen Manridy Co., Ltd. authorized third-party tools/services;

 

(5) by modifying or forging the instructions and data in the running of the software, adding, deleting, changing the function or operation effect of the software, or operating or transmitting the software or method for the above purposes, whether or not the behavior is Commercial purpose

 

(6) To log in or use the software and services of Shenzhen Manridy Co., Ltd. through third-party software, plug-ins, plug-ins and systems developed and authorized by non-Shenzhen Manridy Co., Ltd., or to produce, publish and disseminate the above tools;

 

(7) Interfering with the software, its components, modules and data by itself or by authorizing others or third party software;

 

(8) Other acts not expressly authorized by Shenzhen Manridy Co., Ltd.;

 

(9) Other violations of laws, regulations and policies.

 

8.3 [Responsible for Your Action] You fully understand and agree that you are responsible for all use of the Service and your account under the registered account, including any content you post and any consequences arising therefrom. You should personally judge the content of the Service and assume all risks arising from the use of the Content, including risks arising from the reliance on the correctness, completeness or usefulness of the Content. Shenzhen Manridy Co., Ltd. cannot and will not be liable for any loss or damage caused by the aforementioned risks.

 

8.4 [Breach of Contract] If Shenzhen Manridy Co., Ltd. discovers or receives reports from others or users complain that you violate the foregoing agreement or other agreement in this agreement, Shenzhen Manridy Co., Ltd. has the right to make independent judgments and adopt technical means to Delete, block, or disconnect related information links. At the same time, Shenzhen Manridy Co., Ltd. has the right to take measures including, but not limited to, suspending or terminating the service and pursuing legal liability, depending on the nature of your conduct. You understand and agree that Shenzhen Manridy Co., Ltd. has the right to impose penalties on violations of relevant laws and regulations or the provisions of this Agreement in accordance with reasonable judgment, take appropriate legal actions against any users who violate the law, and keep relevant information in accordance with laws and regulations. Reporting to the relevant department, etc., the user shall bear all legal liabilities arising therefrom. You understand and agree that you shall be solely responsible for any claims, claims or losses claimed by or in connection with your breach of this Agreement or the relevant Terms of Service; Shenzhen Manridy Co., Ltd. shall suffer losses, you It should also be compensated together.

 

Nine, [Intellectual Property Statement]

 

9.1 Shenzhen Manridy Co., Ltd. is the intellectual property right holder of this software. All intellectual property rights, trademarks, patents, trade secrets and other intellectual property rights of the software, as well as all information related to the software (including but not limited to text, pictures, audio, video, graphics, interface design, layout framework, related data Or electronic documents, etc. are protected by the laws and regulations of the People's Republic of China and the corresponding international treaties. Shenzhen Manridy Co., Ltd. enjoys the above intellectual property rights, except for the rights that the relevant rights holders shall enjoy in accordance with the law.

 

9.2 You may not implement, utilize or transfer such intellectual property rights for any commercial or non-commercial use, without the written consent of Shenzhen Manridy Co., Ltd. or the relevant rights holders.

 

X. [Terminal Security Responsibility]

 

10.1 You understand and agree that the Software, like most Internet software, may be subject to a variety of factors (including but not limited to user reasons, network service quality, social environment, etc.); it may also be subject to various security issues ( Including, but not limited to, illegal use of user data by others for real-world harassment; other software downloaded or installed by users or other websites visited may contain viruses, Trojans or other malicious programs that threaten the security of your terminal device information and data. Then affect the normal use of the software, etc.). Therefore, you should strengthen the information security and personal information protection awareness, pay attention to password protection, so as not to suffer losses.

 

10.2 You may not create, publish, use or transmit malicious programs used to steal Smart Wear numbers and other people's personal information or property.

 

10.3 Maintenance software security and normal use is the joint responsibility of Shenzhen Manridy Co., Ltd. and Shenzhen Manridy Co., Ltd. will take reasonable and prudent measures to protect your terminal equipment information and data security according to industry standards, but You acknowledge and agree that Shenzhen Manridy Co., Ltd. cannot provide any guarantee for this.

 

10.4 Under no circumstances should you trust a loan, ask for a password or other network information that involves property. In case of property operation, please be sure to verify the identity of the other party first, and please always pay attention to the tips of Shenzhen Manridy Co., Ltd. to prevent fraud.

 

XI, [third-party software or technology]

 

11.1 The Software may use third party software or technology (including open source code and public domain code that may be used by the Software, etc.), which has been legally authorized.

 

11.2 If the third-party software or technology is used in this software, Shenzhen Manridy Co., Ltd. will comply with relevant regulations or agreements, and may refer to relevant agreements or other documents through the attachments of this agreement and in the specific folder of the software installation package. Displayed in packages, etc., which may be expressed in the form of a Software License Agreement, a License Agreement, an Open Source Code License, or other form. The foregoing agreements or other documents presented in various forms are an integral part of this Agreement and have the same legal effect as this Agreement, and you shall comply with these requirements. If you fail to comply with these requirements, the third party or state agency may file a lawsuit, fine or other sanctions against you, and ask Shenzhen Manridy Co., Ltd. to assist you, you should bear the legal responsibility.

 

11.3 Any dispute arising from third party software or technology used by the Software shall be resolved by the third party, and Shenzhen Manridy Co., Ltd. shall not be responsible for any disputes. Shenzhen Manridy Co., Ltd. does not provide customer support for third-party software or technology. If you need support, please contact a third party.

 

Twelve, [other]

 

12.1 By downloading, installing, and using the Software, you are deemed to have read and agree to be bound by this Agreement. Shenzhen Manridy Co., Ltd. reserves the right to modify the terms of this agreement as necessary. You can review the terms of the agreement in the latest version of the software. If you continue to use the Software after the terms of this Agreement have been changed, you are deemed to have accepted the revised Agreement. If you do not accept the revised agreement, you should stop using the software.

 

12.2 The place of signing this agreement is Longhua District, Shenzhen City, Guangdong Province, the People's Republic of China.

 

12.3 The establishment, entry into force, performance, interpretation and dispute resolution of this Agreement shall be governed by the laws of the People's Republic of China (excluding the conflict of laws).

 

12.4 If there is any dispute or dispute between you and Shenzhen Manridy Co., Ltd., you should first settle it through friendly negotiation; if the negotiation fails, you agree to submit the dispute or dispute to the people's court with jurisdiction over the place where the agreement is signed.

 

12.5 The headings of all the terms of this Agreement are for convenience only and have no actual meaning and cannot be used as a basis for interpretation of the meaning of this Agreement.

 

12.6 The terms of this Agreement are partially invalid or unenforceable for any reason, and the remaining terms are still valid and binding on both parties. (End of text)

 

Shenzhen Manridy Co., Ltd.


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