Software License and Service Agreement
Oriental Recreational Products (Shanghai) Co., Ltd. (hereinafter referred to as “ORPC”) hereby specially remind you (hereinafter referred to as the “users”) of carefully reading and fully understanding this Software License and Service Agreement (hereinafter referred to as “this agreement”). The users shall carefully read and fully understanding all clauses of this agreement, especially those involving and exempting or limiting responsibilities of ORPC, dispute resolution and applicable laws. The clauses exempting or limiting responsibilities will be marked in bold, which shall be read with focus. Please read this agreement prudently, and choose whether to accept this agreement or not (the minors shall read accompanied by a legal guardian). In particular, your downloading, installation and use of ORPC software (hereinafter referred to as “this software”) and acquiring and logging in account and other behaviors via this software will be deemed as your acceptance of this agreement, and your consent to be bound by all clauses of this agreement.
ORPC is entitled to revise this agreement independently, and the revised agreement clauses will be published on official website of ORPC (website: [www.the-mspa.com], hereinafter referred to as the “official website”) or this software, and will come into effect upon the date of publication. The users can re-download and update installation of this software or check the latest version of the agreement clauses on the official website. After the agreement clauses are published, if the users don’t accept the revised agreement clauses, please stop using this software and corresponding services immediately, and if the users continue to use this software and corresponding services after publication of the agreement clauses, it shall be deemed as their acceptance of the revised agreement clauses.
I. General provisions
1.1. This agreement is concluded between the users and ORPC and its operation cooperator (hereinafter referred to as the “cooperator”) regarding the users’ downloading, installation and use of this software and corresponding services.
1.2. This software and corresponding services are provided by ORPC, to be installed on (including but not limited to) mobile intelligent terminal equipment, and ORPC will use this software to provide the users using such intelligent terminal with binding and operating intelligent products and other services.
1.3. Ownership and operation right to this software and corresponding services belong to ORPC.
II. Scope of software authorization
2.1. ORPC grants the users a personal, non-transferable, non-sub-licensable and non-exclusive use license of this software.
2.2. The users can download, install and use this software on single mobile terminal equipment for non-commercial purpose. But the users shall neither download, install and use this software for commercial operation purpose, nor replicate, change, modify, mount to run or create any derivative works of the data released from this software or during running process of this software to any terminal equipment, and interactive data between the client and the server during running process of this software, including but not limited to the forms of using plug-ins, access of plug-in or unauthorized third-party tools/services to this software, and if requiring commercial sales, replication and distribution, such as software preassembly and binding, written content from ORPC must be obtained.
2.3. Without express permission of ORPC, the users shall not install this software on other terminal equipment other than mobile intelligent terminal equipment, including but not limited to PC, set top box (STB), game machine, TV, DVD machine and so on.
2.4. The users can replicate this software for the purpose of using this software and corresponding services, and the act of replication should not exceed the purpose of backup. The backup copies must contain all copyright information contained in original data of this software.
2.5. Except the express scope of software authorization in this agreement, ORPC does not authorize any other right to the users, and if the users want to use other rights, they shall obtain written consent from ORPC separately.
III. Software downloading, installation and upgrading
3.1. The users shall download and install this software following the website or method designated by ORPC, and it is specially warned by ORPC that the users shall not download and install this software at non-designated website, so as to avoid the mobile intelligent terminal equipment from being infected with rogue programs that could damage the users’ data and acquire the users’ privacy information. If the users download this software or installation program having the same name with this software from third-parties not authorized by ORPC, ORPC can’t guarantee normal use of this software, and the losses generated therefrom shall be assumed by the users independently.
3.2. The users must select software version compatible with the installed intelligent terminal equipment, otherwise, any software problem, equipment software or damage due to incompatibility between the software and equipment model shall be assumed by the users independently.
3.3. In order to improve experience of the users, and perfect the service contents, ORPC is entitled to either provide you with replacement, modification and upgrade services of this software from time to time, or charge expenses for the replacement, modification and upgrade, but ORPC will obtain your consent in advance regarding the charging matters. This software enables “upgrade prompt” function for the users by default, and the users can select to perform replacement, modification and upgrade of this software or not independently. After publication of replacement, modification and upgrade of this software, ORPC does not guarantee that the software not replaced, modified and upgraded can continue to be used or not, the users shall follow the official website to update and upgrade the software timely, so as to guarantee continued normal use of the equipment.
IV. Use specification
4.1. Under the condition of abiding by laws, regulations and this agreement, the users can use this software and corresponding services in accordance with this agreement, but the users shall not perform the following acts:
Delete all information on copyright in this software and other duplicates, and modify, delete or avoid the technical measures of this software set for protecting intellectual property right;
Perform reverse engineering of this software, such as disassembling, de-compilation or other means to try to obtain source code of this software;
By modifying or counterfeiting the instructions and data in software running, adding, deleting or changing the software functions or running effect, or using the software and method used for the above-mentioned purpose for operating or public communication, whether such acts are for commercial purpose or not;
Use this software to perform acts harming network security, including but not limited to: use unlicensed data or enter unlicensed server/account; enter public network or others’ operating system without permission and delete, modify and add storage information; attempt to probe, scan and test this software’s system or network vulnerabilities or perform other acts damaging network security; damage normal running of this software, spread vogue program or virus on purpose and perform other acts damaging and interfering with normal network information service; counterfeit name or partial name of TCP/IP data package;
By using third-party compatible software and system not developed, authorized or recognized by ORPC, the users log in or use this software and corresponding services, or produce, publish and spread the above-mentioned tools;
Without written consent of ORPC, the users implement the following acts (including but not limited to) regarding this software and the information contained arbitrarily: use, lease, lend, replicate, modify, link, reprint, compile, release, publish, and establish mirror image website, and arbitrarily use this software to develop related derivative products, works, services, plug-ins, compatibility, interconnection, etc.;
Use this software to publish, transmit, spread and store contents violating local laws and regulations;
Use this software to publish, transmit, spread and store contents infringing others’ intellectual property right, business secrete and other legal rights;
Use this software to publish, transmit and spread advertising information and junk information in batches;
Other acts of using this software and other services provided by ORPC in any illegal method, for any illegal purpose or by any means inconsistent with that permitted in this agreement;
4.2. Information release specification
You can use this software to release your original or entitled point of view, data, text, information, user name, picture, photo, personal information, audio, video document, link and other information contents. You must guarantee that you own intellectual property right or have obtained legal authorization concerning the uploaded information contents, and your use of this software and services do not infringe legal rights and interests of any third party.
You need to abide by requirements of local laws and regulations while using this software.
While using this software, you shall not use this software to engage in the following acts, including but not limited to: 1) produce, replicate, release, spread and store contents violating local laws and regulations; 2) release, transmit, spread and store contents infringing others’ right of reputation, right of portrait, intellectual property right, business secrete and other legal rights; 3) make up and conceal facts to mislead and cheat others; 4) release, transmit and spread advertising information and junk information; 5) engage in other acts violating local laws and regulations.
Without written consent of ORPC, you shall not perform commercial acts such as publish advertisements and sell commodities in this software.
4.3. You understand and agree that:
ORPC will identify whether the users are suspected of violating the above use specification or not, and then suspend or terminate use license or take other restrictive measures that can be taken as agreed in this agreement;
As for the information that is suspected of being illegal or infringing legal rights of others or violating this agreement released by the users when using the licensed software, ORPC will delete directly;
If the users cause damages to third parties due to violating the above use specification, they should assume legal liabilities independently in their own name, and shall guarantee ORPC free from losses or increased expenses generated therefrom;
If the users violate relevant legal provisions or agreements, thus causing losses to ORPC, or receiving claims from third parties, or being punished by administrative organs, the users shall compensate for losses and (or) expenses of ORPC generated therefrom, including reasonable attorney fee and investigation and evidence collection fee.
V. Service risks and disclaimer
5.1. The users must equip themselves with intelligent mobile terminal equipment to surf the Internet and the equipment necessary for using telecom value-added business all by themselves, and assume communication expense, information fee and other relevant expenses for surfing Internet on personal mobile terminal equipment or charged by third parties independently.
5.2. For all losses suffered by the users due to third parties such as communication line failure, technical problem, network and mobile terminal equipment failure, unstable system and other various force majeure causes, ORPC and its cooperators assume no liabilities.
5.3. As most of Internet software, this software is subject to differential influence of factors including but not limited to causes of the users, network service quality, social environment and so on, other software downloaded or other websites accessed by the users contain “Trojan Horse” and other viruses, which threatens security of the users’ terminal equipment information and data, and then influences normal use of this software and so on. The users shall enhance awareness of information security and user data protection, and shall pay attention to strengthening password protection, so as to avoid loss and harassment.
5.4. ORPC remind the users specially that, for the purpose of guaranteeing service upgrading and business development of ORPC, ORPC is entitled to modify or interrupt the software service at any time without notifying the users, and for service interruption or abnormality caused during the process of ORPC’s adjusting the software service, ORPC does not assume any legal liabilities.
5.5. The personal injury or incidental and indirect economic damages including but not limited to profit loss, data loss, damages for business interruption or other commercial damages or losses due to or related to any of the following conditions of the users, shall be undertaken by the users independently.
Use of unlicensed software;
Due to reason of the users, third parties use the software or change data of the users without permission;
The users’ expenses and losses due to use of this software for misconducts;
The users’ misunderstanding of this software;
Other losses related with this software not due to ORPC.
5.6. For any personal or economic damages or losses caused or might be caused by the acts performed via this software by the users and other users using the software because you are misled or cheated, the fault party shall assume all liabilities, while ORPC does not assume any legal liability.
VI. Intellectual property right statement
6.1. ORPC legally owns all relevant intellectual property rights to this software system. All copyright, trademark, patent right, business secrete and other intellectual property rights of this software, and all information contents related with this software (including but not limited to text, picture, audio, video, chart, interface design, layout framework, relevant data or electronic document, etc.) are subject to protection of your local laws and regulations and corresponding international treaties.
6.2. Without written consent of ORPC, the users shall not independently or license any third party to implement, use and transfer the above intellectual property rights for any commercial or non-commercial purpose, and ORPC reserves the right to prosecute legal liabilities against the above acts.
VII. Change of agreement
7.1. ORPC is entitled to modify or change the charging services rendered, charging standard, charging method, charging fee and service terms. While rendering services, ORPC may now or in the future start to charge certain fees against the users for some services, and if the users refuse to pay such fees, they can’t continue to use relevant services upon starting of the charging. ORPC and its cooperative corporations will try their best to inform the users of relevant modification or change by e-mail or other means.
VIII. Applicable laws and dispute resolution
8.1. Effectiveness and interpretation of clauses of this agreement are governed by local laws of the users. In case of no relevant legal provisions, international business practice and/or business practice shall prevail.
8.2. The users and ORPC agree with consensus that all disputes from using this software and corresponding services, shall be solved by both parties upon negotiation, and if negotiation fails, either party can submit the disputes to Shanghai Arbitration Commission for arbitration in accordance with its arbitration rules. The arbitral award is final, and is binding on both parties.
9.1. When using a specific service of this software, there might be separate agreement and related business rules, etc. regarding such service (hereinafter collectively referred to as “separate agreement”), please read and agree to relevant separate agreement before using such service.
9.2. This agreement shall take effect after the users accept this agreement or the users are deemed to accept this agreement.
9.3 If some clauses of this agreement are ineffective or unenforceable due to any reason, the remaining clauses shall still be effective and binding on both parties.