Service Agreement of Power World Machinery Equipment Co., Ltd
Welcome to Power World Machinery Equipment Co., Ltd!
Before accepting the Agreement, you are supposed tothoroughly read all contents of the Agreement, and fully know its terms,especially restrictive clauses or exceptions. Restrictive clauses or exceptionsare bold or highlighted in other forms to catch your attention. In case of anydoubt for the terms of the Agreement, please contact relevant businessdepartment of Power World Machinery Equipment Co., Ltd. You are not allowed to use theservice before you have read and accepted all terms of the Agreement, relevantagreements and rules, etc. Once you select "agree and submit the Agreement"(see registration page for detailed wordings) and complete the registrationprocedure, or you use the service in any form, it will be deemed that you haveread and agreed with the restriction of the Agreement and rules above. In caseof any breach of the Agreement, Power World Machinery Equipment Co., Ltd has the rightto unilaterally restrict, suspend or terminate the service for you, and has theright to investigate your relevant responsibilities.
The Service Agreement (hereinafter referred to as"the Agreement") is signed by you and Power World Machinery Equipment Co., Ltd.It includes (but not limited to) Power World Machinery Equipment Co., Ltd PrivacyPolicy and other contents. In case of change, Power World Machinery Equipment Co., Ltd willannounce by means of the licensed software sending a message without furthernotification. Upon announcement, the changed agreement and rules become a partto the Agreement automatically, without further notification to you for yourconsent. In case of objection to such relevant changes, stop use Power World Machinery Equipment Co., Ltd's service; if you keep using it, it will deemed as thatyou hold no objections against the changed rules and agree to abide by them.
I. Definitions of Terms
1.1 Licensed software refers to software system developedby Power World Machinery Equipment Co., Ltd, downloaded and installed and applied inspecified system mobile terminals.
1.2 Services refer to services provided for you by Power World Machinery Equipment Co., Ltd and its suppliers. You can use such services on themobile terminal with the licensed software.
II. Service
2.1 Power World Machinery Equipment Co., Ltd offers youintelligent life equipment management services, based on which you can accessthe intelligent terminals on Power World Machinery Equipment Co., Ltd and itssuppliers' smart platform through the Power World Machinery Equipment Co., Ltd Control,and realize interlinkage among intelligent equipment. Service contents includeintelligent equipment management, scene interlinkage and analysis report, etc.Such functions may be optimized or modified according to changes of users'demands or judgment of service supplier, and service supply may be suspendeddue to regular and irregular maintenance.
III. Scope of Service
3.1 Power World Machinery Equipment Co., Ltd grants you with theright to use the product based on this software.
3.2 You are prohibited to license, sell, lease, transfer,issue the product in any form, or use the product for other commercial purpose.
3.3 Due to limitations on software adaptation platformand terminals, you can only use the licensed software in the authorized systemplatform and terminal; if you install the licensed software on other terminalequipment, it may damage your hardware or software function.
3.4 You acknowledge that the licensed software can onlybe used for non-commercial purpose and installation, application and running ofthe licensed software is prohibited. If such commercial operation is necessary,prior written authorization and permission from Power World Machinery Equipment Co., Ltd shallbe obtained.
3.5 Power World Machinery Equipment Co., Ltd and its suppliersmay change, upgrade or transfer the licensed software or relevant functionsfrom time to time, and may add new functions or services in the licensedsoftware system. If no separate agreements are accompanied with the aforesaidnew functions or services, you are entitled to the corresponding functions andservices, which is also subject to the Agreement.
3.6 You shall be responsible for the accuracy,reliability, integrity and legality of input data and legality of the way inwhich you obtain the data, and shall back up data and information from time totime. You shall bear all risks for damage and loss of such information.
3.7 You shall properly keep your account number andpassword. In case of any safety loophole for your account (including but notlimited to divulgence of user password), you shall notify Power World Machinery Equipment Co., Ltd in time, and Power World Machinery Equipment Co., Ltd willassist you in taking relevant measures. Otherwise, all behaviors related toyour account shall be assumed by you and you will bear all responsibilities.
IV. A Third Party
4.1 You acknowledge that certain service of Power World Machinery Equipment Co., Ltd and its suppliers is based on software or servicesprovided by a third party. Such service is set to facilitate your applicationand necessary legal authorization is obtained from the third party.
4.2 The product includes certain information and servicesof the third party. Power World Machinery Equipment Co., Ltd and its suppliersneither controls nor bears responsibility for information and services of thethird party.
4.3 You acknowledge that Power World Machinery Equipment Co., Ltd andits suppliers cannot guarantee that the licensed software always uses orcontains such services, or that other software provided by the same third partywill be used in future. Likewise, it may use similar services supplied byanother third party. Upon application, the aforesaid corresponding software orservices are subject to this Agreement.
V. Service Application Standard
5.1 You shall use the licensed software in anormal manner. The following ways are in breach of the application standard:
1) Issue or share computer virus, worms, malicious codes,or software that deliberately damages or changes computer system or data;
2) Collect information or data of other users withoutauthorization, for example, email address and the like;
3) Maliciously use the product in an automatic way,causing over load to the server, or interfere with or damage web server andnetwork links in other forms.
4) Attempt to visit server data or communication data ofthe product without authorization;
5) Interfere with or damage the production application byother users.
5.2 You understand and agree that:
1) Power World Machinery Equipment Co., Ltd will determinewhether or not you are involved in violation of standards above, and suspend orterminate your application license according to determination results or takeother restrictions according to agreements.
2) Power World Machinery Equipment Co., Ltd will directlydelete information in breach of laws, or infringing others' legal rights, or inbreach of the Agreement issued by you when using the licensed software.
3) If a third party suffers from damage due to yourbreach of application standards, you shall independently bear legalresponsibility in your name, and protect and indemnify Power World Machinery Equipment Co., Ltd from losses or additional expenses generatedtherefrom. Otherwise, Power World Machinery Equipment Co., Ltd has the right toclaim compensation.
4) If Power World Machinery Equipment Co., Ltd and itssuppliers suffers from any loss due to your breach of relevant laws or theAgreement, you shall compensate Power World Machinery Equipment Co., Ltd andits suppliers for losses and (or) expenses generated therefrom.
VI. Information Content Standard
6.1 You promise that you will not conduct any act inbreach of laws or improper behaviors by using the service, such act andbehavior include (but not limited to):
6.1.1 Uploading, transferring or sharing informationcontaining one of the following contents:
1) Opposing the basic principles determined in theConstitution;
2) Endangering state safety, disclosing state secret,subverting state power and sabotaging state unity;
3) Damaging state honor and benefit;
4) Inciting national hatred and discrimination andsabotaging national unity;
5) Destroying religious policy of the state andadvocating heresy and feudalistic superstition;
6) Spreading rumors, disturbing social order anddestroying social stability;
7) Spreading obscenity, porn, gambling, violence , murderand terror or abetting a crime;
8) Insulting or slandering others and infringing on thelegal rights and interests of others;
9) Containing contents of sham, defraudation, harm,threat, infringement to others' privacy, harassment, infringement, slander,coarseness, indecency, or morally repulsive contents;
10) Containing other contents restricted or forbidden byapplicable laws, regulations, rules, provisions and other legal standards.
VII. Private Policy and Data
7.1 It is crucial for Power World Machinery Equipment Co., Ltd toprotect your personal information. Power World Machinery Equipment Co., Ltd preparesPower World Machinery Equipment Co., Ltd Privacy Policy, in which contentsrelated to ownership and protection of intellectual property, collection, use,share, storage and protection, etc. of your information are disclosed. You aresuggested to thoroughly read Power World Machinery Equipment Co., Ltd PrivacyPolicy.
VIII. Exception Clauses
8.1 Unless otherwise specified in laws and regulations,Power World Machinery Equipment Co., Ltd will do its best to ensure the security,validity, accuracy and reliability of the licensed software and technologiesand information involved, but Power World Machinery Equipment Co., Ltd is unable toguarantee the same due to restriction by available technologiesnowadays. 8.2 You understand that Power World Machinery Equipment Co., Ltd willnot assume responsibility for direct or indirect losses caused by force majeureand default of a third party. 8.3 You shall be responsible for personnelinjury or incidental or indirectly injury caused by or related to one of thefollowing accidents: 1) A third party uses the licensed software or changesyour data without permission; 2) Expenses and losses produced by using thelicensed software; 3) Your misunderstanding of the licensed software; 4) Otherlosses related to licensed software caused by reasons not attributable toPower World Machinery Equipment Co., Ltd. 8.4 Any other licensed software-derivedsoftware not developed and released by Power World Machinery Equipment Co., Ltd or thedevelopment and release are not granted by Power World Machinery Equipment Co., Ltd isillegal software. Downloading, installing and using such software may causeunpredictable risks. Power World Machinery Equipment Co., Ltd shall be free from legalresponsibilities and disputes generated therein and Power World Machinery Equipment Co., Ltd shall have the right to suspend or terminate application licenseand/or other all services. 8.5 You have been informed of that the usage of Power World Machinery Equipment Co., Ltd and its supplier's smartplatform involves in Internet service, which may be affected by unstablefactors in all links. Although Power World Machinery Equipment Co., Ltd has takensafeguard measures, the service may be suspended, terminated, delayed, sufferedfrom application restriction or application failure due to inherent defects ofInternet and e-communication as well as factors beyond reasonable control ofany party to the Agreement (including but not limited to fire, flood, terroristattack, pestilence, natural disasters, riot, terminal virus, hacker attack,network fault and terminal fault). You hereby agree to bear foregoing risks andagree that Power World Machinery Equipment Co., Ltd is free from any responsibilitywhen normal running of services are influenced by the occurrence of foregoingrisks.
IX. Agreement Termination and Breach of Agreement
9.1 You should understand that you shall use the licensedsoftware according to authorization scope, respect intellectual property ofsoftware and contents contained in the software, and perform obligationsaccording to the Agreement when using Power World Machinery Equipment Co., Ltd'sservices. Power World Machinery Equipment Co., Ltd will terminate theapplication license if you are in material breach of the Agreement.
9.2 Your application of the software relies on supportingservices supplied by Power World Machinery Equipment Co., Ltd's related companies.Breach of terms, agreements, rules, annunciation and other relevant regulationsof Power World Machinery Equipment Co., Ltd and its related companies may causefailure in normal usage of licensed software, in which case, Power World Machinery Equipment Co., Ltd shall be entitled to terminate the applicationlicense, or take measures to restrain your application license or other rightsand interests controlled by Power World Machinery Equipment Co., Ltd as agreedin the Agreement, including suspension or termination of your applicationlicense.
9.3 In case of your breach of the Agreement or otheragreements signed with Power World Machinery Equipment Co., Ltd, Power World Machinery Equipment Co., Ltd and its suppliers shall have the right to notifythe related companies, requiring them to take restrictive measures to yourrights and interests, including requiring related companies to suspend orterminate supplying part or whole services for you, and legally announce yourbreach of agreement on websites run or actually controlled by them.
9.4 The licensed software is downloaded from thedownloading platform and you shall abide by stipulations of the downloadplatform, system platform and terminal manufacture on application ways andrestrictions of the licensed software. If the above mentioned third partyconfirms that you are in breach of the agreement and Power World Machinery Equipment Co., Ltd and its supplier's treatment is required, Power World Machinery Equipment Co., Ltd may terminate your application license at the thirdparty's request.
9.5 When the application license terminates, you shallstop using the licensed software and destroy all copies.
9.6 You must bear all compensation responsibilities if Power World Machinery Equipment Co., Ltd and other users suffer from losses caused by yourbreach of terms in the Agreement.
X. Governing Laws and Severability
10.1 Effectiveness, explanation, change, execution anddispute settlement of the Agreement are subject to laws of Please enterappropriate jurisdiction. If no relevant laws and regulations areavailable, reference to general international business practices and (or)industrial practices shall be made.
10.2 Dispute arising from or in connection with theAgreement may be settled by you and Power World Machinery Equipment Co., Ltd throughfriendly negotiation or submitted to the courtwith competent jurisdiction of Pleaseenter appropriate jurisdiction where the Agreement is signed foradjudication.
10.3 When any term of the Agreement is judged to beinvalid by such court, it will not influence the effectiveness of other termsor any part thereof, and you and Power World Machinery Equipment Co., Ltd shallperform the valid terms in good faith.