Service Agreement of Motoppar da Amazônia Indústria e Comércio de Eletrônicos LTDA
Welcome
to PPA!
Before
accepting the Agreement, you are supposed to thoroughly read all contents of
the Agreement, and fully know its terms, especially restrictive clauses or exceptions.
Restrictive clauses or exceptions are bold or highlighted in other forms to
catch your attention. In case of any doubt for the terms of the Agreement,
please contact relevant business department of Motoppar da Amazônia Indústria e
Comércio de Eletrônicos LTDA. You are not allowed to use the service before you
have read and accepted all terms of the Agreement, relevant agreements and
rules, etc. Once you select "agree and submit the Agreement" (see
registration page for detailed wordings) and complete the registration
procedure, or you use the service in any form, it will be deemed that you have
read and agreed with the restriction of the Agreement and rules above. In case
of any breach of the Agreement, Motoppar da Amazônia Indústria e Comércio de
Eletrônicos LTDA has the right to unilaterally restrict, suspend or terminate
the service for you, and has the right to investigate your relevant
responsibilities.
The
Service Agreement (hereinafter referred to as "the Agreement") is
signed by you and Motoppar da Amazônia Indústria e Comércio de Eletrônicos LTDA.
It includes (but not limited to) Motoppar da Amazônia Indústria e Comércio de
Eletrônicos LTDA Privacy Policy and other contents. In case of change, Motoppar
da Amazônia Indústria e Comércio de Eletrônicos LTDA will announce by means of
the licensed software sending a message without further notification. Upon
announcement, the changed agreement and rules become a part to the Agreement
automatically, without further notification to you for your consent. In case of
objection to such relevant changes, stop use Motoppar da Amazônia Indústria e
Comércio de Eletrônicos LTDA's service; if you keep using it, it will deemed as
that you 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 developed by Motoppar da Amazônia
Indústria e Comércio de Eletrônicos LTDA, downloaded and installed and applied
in specified system mobile terminals.
1.2
Services refer to services provided for you by Motoppar da Amazônia Indústria e
Comércio de Eletrônicos LTDA and its suppliers. You can use such services on
the mobile terminal with the licensed software.
II.
Service
2.1
Motoppar da Amazônia Indústria e Comércio de Eletrônicos LTDA offers you intelligent
life equipment management services, based on which you can access the
intelligent terminals on Motoppar da Amazônia Indústria e Comércio de
Eletrônicos LTDA and its suppliers' smart platform through the
Motoppar da Amazônia Indústria e Comércio de Eletrônicos LTDA Control, and
realize interlinkage among intelligent equipment. Service contents include
intelligent 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 suspended
due to regular and irregular maintenance.
III.
Scope of Service
3.1
Motoppar da Amazônia Indústria e Comércio de Eletrônicos LTDA grants you with
the right 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. 3.2 Due to limitations
on software adaptation platform and terminals, you can only use the licensed
software in the authorized system platform and terminal; if you install the
licensed software on other terminal equipment, it may damage your hardware or
software function.
3.3
You acknowledge that the licensed software can only be used for non-commercial
purpose and installation, application and running of the licensed software is
prohibited. If such commercial operation is necessary, prior written
authorization and permission from Motoppar da Amazônia Indústria e Comércio de
Eletrônicos LTDA shall be obtained.
3.4
Motoppar da Amazônia Indústria e Comércio de Eletrônicos LTDA and its suppliers
may change, upgrade or transfer the licensed software or relevant functions
from time to time, and may add new functions or services in the licensed
software system. If no separate agreements are accompanied with the aforesaid
new functions or services, you are entitled to the corresponding functions and
services, which is also subject to the Agreement.
3.5
You shall be responsible for the accuracy, reliability, integrity and legality
of input data and legality of the way in which you obtain the data, and shall
back up data and information from time to time. You shall bear all risks for
damage and loss of such information.
3.6
You shall properly keep your account number and password. In case of any safety
loophole for your account (including but not limited to divulgence of user
password), you shall notify Motoppar da Amazônia Indústria e Comércio de
Eletrônicos LTDA in time, and Motoppar da Amazônia Indústria e Comércio de
Eletrônicos LTDA will assist you in taking relevant measures. Otherwise, all
behaviors related to your account shall be assumed by you and you will bear all
responsibilities.
IV. A
Third Party
4.1
You acknowledge that certain service of Motoppar da Amazônia Indústria e
Comércio de Eletrônicos LTDA and its suppliers is based on software or services
provided by a third party. Such service is set to facilitate your application
and necessary legal authorization is obtained from the third party.
4.2
The product includes certain information and services of the third party.
Motoppar da Amazônia Indústria e Comércio de Eletrônicos LTDA and its suppliers
neither controls nor bears responsibility for information and services of the
third party.
4.3
You acknowledge that Motoppar da Amazônia Indústria e Comércio de Eletrônicos
LTDA and its suppliers cannot guarantee that the licensed software always uses
or contains such services, or that other software provided by the same third
party will be used in future. Likewise, it may use similar services supplied by
another third party. Upon application, the aforesaid corresponding software or
services are subject to this Agreement.
V.
Service Application Standard
5.1 You
shall use the licensed software in a normal 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 without authorization, 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 and network links in other
forms.
4)
Attempt to visit server data or communication data of the product without
authorization;
5)
Interfere with or damage the production application by other users.
5.2
You understand and agree that:
1)
Motoppar da Amazônia Indústria e Comércio de Eletrônicos LTDA will determine
whether or not you are involved in violation of standards above, and suspend or
terminate your application license according to determination results or take
other restrictions according to agreements.
2)
Motoppar da Amazônia Indústria e Comércio de Eletrônicos LTDA will directly
delete information in breach of laws, or infringing others' legal rights, or in
breach of the Agreement issued by you when using the licensed software.
3) If
a third party suffers from damage due to your breach of application standards,
you shall independently bear legal responsibility in your name, and protect and
indemnify Motoppar da Amazônia Indústria e Comércio de Eletrônicos LTDA from
losses or additional expenses generated therefrom. Otherwise,
Motoppar da Amazônia Indústria e Comércio de Eletrônicos LTDA has the right to
claim compensation.
4) If
Motoppar da Amazônia Indústria e Comércio de Eletrônicos LTDA and its suppliers
suffers from any loss due to your breach of relevant laws or the Agreement, you
shall compensate Motoppar da Amazônia Indústria e Comércio de Eletrônicos LTDA and
its suppliers for losses and (or) expenses generated therefrom.
VI.
Information Content Standard
6.1
You promise that you will not conduct any act in breach of laws or improper
behaviors by using the service, such act and behavior include (but not limited
to):
6.1.1
Uploading, transferring or sharing information containing one of the following
contents:
1)
Opposing the basic principles determined in the Constitution;
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 and sabotaging national unity;
5)
Destroying religious policy of the state and advocating heresy and feudalistic
superstition;
6)
Spreading rumors, disturbing social order and destroying social stability;
7)
Spreading obscenity, porn, gambling, violence , murder and terror or abetting a
crime;
8)
Insulting or slandering others and infringing on the legal 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 by applicable laws, regulations,
rules, provisions and other legal standards.
VII.
Private Policy and Data
7.1
It is crucial for Motoppar da Amazônia Indústria e Comércio de Eletrônicos LTDA
to protect your personal information. Motoppar da Amazônia Indústria e Comércio
de Eletrônicos LTDA prepares Motoppar da Amazônia Indústria e Comércio de
Eletrônicos LTDA Privacy Policy, in which contents related to ownership and
protection of intellectual property, collection, use, share, storage and
protection, etc. of your information are disclosed. You are suggested to
thoroughly readMotoppar da Amazônia Indústria e Comércio de
Eletrônicos LTDA Privacy Policy.
VIII.
Exception Clauses
8.1
Unless otherwise specified in laws and regulations, Motoppar da Amazônia
Indústria e Comércio de Eletrônicos LTDA will do its best to ensure the
security, validity, accuracy and reliability of the licensed software and
technologies and information involved, but Motoppar da Amazônia Indústria e
Comércio de Eletrônicos LTDA is unable to guarantee the same due to restriction
by available technologies nowadays.
8.2 You understand that Motoppar da Amazônia Indústria e Comércio de
Eletrônicos LTDA will not assume responsibility for direct or indirect losses
caused by force majeure and default of a third party.
8.3 You shall be responsible for personnel injury or incidental or indirectly
injury caused by or related to one of the following accidents: 1) A third party
uses the licensed software or changes your data without permission; 2) Expenses
and losses produced by using the licensed software; 3) Your misunderstanding of
the licensed software; 4) Other losses related to licensed software caused by
reasons not attributable to Motoppar da Amazônia Indústria e Comércio de
Eletrônicos LTDA.
8.4 Any other licensed software-derived software not developed and released by
Motoppar da Amazônia Indústria e Comércio de Eletrônicos LTDA or the
development and release are not granted by Motoppar da Amazônia Indústria e
Comércio de Eletrônicos LTDA is illegal software. Downloading, installing and
using such software may cause unpredictable risks. Motoppar da Amazônia Indústria
e Comércio de Eletrônicos LTDA shall be free from legal responsibilities and
disputes generated therein and Motoppar da Amazônia Indústria e Comércio de
Eletrônicos LTDA shall have the right to suspend or terminate application
license and/or other all services.
8.5 You have been informed of that the usage of Motoppar da Amazônia Indústria
e Comércio de Eletrônicos LTDA and its supplier's smart platform involves in
Internet service, which may be affected by unstable factors in all links.
Although Motoppar da Amazônia Indústria e Comércio de Eletrônicos LTDA has
taken safeguard measures, the service may be suspended, terminated, delayed,
suffered from application restriction or application failure due to inherent
defects of Internet and e-communication as well as factors beyond reasonable
control of any party to the Agreement (including but not limited to fire,
flood, terrorist attack, pestilence, natural disasters, riot, terminal virus,
hacker attack, network fault and terminal fault). You hereby agree to bear
foregoing risks and agree that Motoppar da Amazônia Indústria e Comércio de
Eletrônicos LTDA is free from any responsibility when normal running of
services are influenced by the occurrence of foregoing risks.
IX.
Agreement Termination and Breach of Agreement
9.1
You should understand that you shall use the licensed software according to
authorization scope, respect intellectual property of software and contents
contained in the software, and perform obligations according to the Agreement
when using Motoppar da Amazônia Indústria e Comércio de Eletrônicos LTDA's
services. Motoppar da Amazônia Indústria e Comércio de Eletrônicos LTDA will
terminate the application license if you are in material breach of the
Agreement.
9.2
Your application of the software relies on supporting services supplied by Motoppar
da Amazônia Indústria e Comércio de Eletrônicos LTDA's related companies.
Breach of terms, agreements, rules, annunciation and other relevant regulations
of Motoppar da Amazônia Indústria e Comércio de Eletrônicos LTDA and its
related companies may cause failure in normal usage of licensed software, in
which case, Motoppar da Amazônia Indústria e Comércio de Eletrônicos LTDA shall
be entitled to terminate the application license, or take measures to restrain
your application license or other rights and interests controlled by Motoppar
da Amazônia Indústria e Comércio de Eletrônicos LTDA as agreed in the Agreement,
including suspension or termination of your application license.
9.3 In
case of your breach of the Agreement or other agreements signed with Motoppar da Amazônia Indústria e Comércio de Eletrônicos LTDA,
Motoppar da Amazônia Indústria e Comércio de Eletrônicos LTDA and its suppliers
shall have the right to notify the related companies, requiring them to take
restrictive measures to your rights and interests, including requiring related
companies to suspend or terminate supplying part or whole services for you, and
legally announce your breach of agreement on websites run or actually
controlled by them.
9.4
The licensed software is downloaded from the downloading platform and you shall
abide by stipulations of the download platform, system platform and terminal
manufacture on application ways and restrictions of the licensed software. If
the above mentioned third party confirms that you are in breach of the
agreement and Motoppar da Amazônia Indústria e Comércio de Eletrônicos LTDA and
its supplier's treatment is required, Motoppar da Amazônia Indústria e Comércio
de Eletrônicos LTDA may terminate your application license at the third party's
request.
9.5
When the application license terminates, you shall stop using the licensed
software and destroy all copies.
9.6
You must bear all compensation responsibilities if Motoppar da Amazônia
Indústria e Comércio de Eletrônicos LTDA and other users suffer from losses
caused by your breach of terms in the Agreement.
X.
Governing Laws and Severability
10.1
Effectiveness, explanation, change, execution and dispute settlement of the
Agreement are subject to laws of the People's Republic of China. If no relevant
laws and regulations are available, reference to general international business
practices and (or) industrial practices shall be made.
10.2
Dispute arising from or in connection with the Agreement may be settled by you
and Motoppar da Amazônia Indústria e Comércio de Eletrônicos LTDA through friendly
negotiation or submitted to People's Court of Santa Rita do Sapucaí – MG -
Brazil where the Agreement is signed for adjudication.
10.3
When any term of the Agreement is judged to be invalid by the People's Court,
it will not influence the effectiveness of other terms or any part thereof, and
you and Motoppar da Amazônia Indústria e Comércio de Eletrônicos LTDA shall
perform the valid terms in good faith.
10.4 The Agreement is
signed in Santa Rita do Sapucai – MG - Brazil.