Service Agreement of Steinbach International GmbH
Welcome to Steinbach
International GmbH!
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 Steinbach
International GmbH. 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, Steinbach International GmbH 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 Steinbach International GmbH.
It includes (but not limited to) Steinbach International GmbH Privacy
Policy and other contents. In case of change, Steinbach International GmbH 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 Steinbach
International GmbH'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 Steinbach International GmbH, downloaded and installed and
applied in specified system mobile terminals.
1.2 Services refer to services provided for you by Steinbach
International GmbH and its suppliers. You can use such services on the
mobile terminal with the licensed software.
II. Service
2.1 Steinbach International GmbH offers
you intelligent life equipment management services, based on which you can
access the intelligent terminals on Steinbach International GmbH and its
suppliers' smart platform through the Steinbach International GmbH 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 Steinbach International GmbH 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.
3.3 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.
3.4 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 Steinbach
International GmbH shall be obtained.
3.5 Steinbach International GmbH 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.
3.6 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.
3.7 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 Steinbach
International GmbH in time, and Steinbach International GmbH 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 Steinbach
International GmbH 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. Steinbach International GmbH and its
suppliers neither controls nor bears responsibility for information and
services of the third party.
4.3 You acknowledge that Steinbach International
GmbH 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) Steinbach International GmbH 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) Steinbach International GmbH 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 Steinbach
International GmbH from losses or additional expenses generated
therefrom. Otherwise, Steinbach International GmbH has the right to
claim compensation.
4) If Steinbach International GmbH and
its suppliers suffers from any loss due to your breach of relevant laws or the
Agreement, you shall compensate Steinbach International GmbH 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 Steinbach International GmbH to
protect your personal information. Steinbach International GmbH prepares
Steinbach International GmbH 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 read Steinbach International GmbH Privacy
Policy.
VIII. Exception Clauses
8.1
Unless otherwise specified in laws and regulations, Steinbach International
GmbH will do its best to ensure the security, validity, accuracy and
reliability of the licensed software and technologies and information involved,
but Steinbach International GmbH is unable to guarantee the same due to
restriction by available technologies nowadays. 8.2 You understand that Steinbach
International GmbH 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 Steinbach International GmbH. 8.4 Any other
licensed software-derived software not developed and released by Steinbach
International GmbH or the development and release are not granted by Steinbach
International GmbH is illegal software. Downloading, installing and using
such software may cause unpredictable risks. Steinbach International GmbH shall
be free from legal responsibilities and disputes generated therein and Steinbach
International GmbH 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 Steinbach International GmbH and its supplier's smart
platform involves in Internet service, which may be affected by unstable
factors in all links. Although Steinbach International GmbH 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 Steinbach International GmbH 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 Steinbach International GmbH's
services. Steinbach International GmbH 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 Steinbach International GmbH's related companies.
Breach of terms, agreements, rules, annunciation and other relevant regulations
of Steinbach International GmbH and its related companies may cause
failure in normal usage of licensed software, in which case, Steinbach
International GmbH shall be entitled to terminate the application
license, or take measures to restrain your application license or other rights
and interests controlled by Steinbach International GmbH 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 Steinbach International GmbH, Steinbach
International GmbH 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 Steinbach International
GmbH and its supplier's treatment is required, Steinbach
International GmbH 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 Steinbach International GmbH 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 Please enter
appropriate jurisdiction. 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 Steinbach International GmbH through
friendly negotiation or submitted to the courtwith competent jurisdiction of Please enter appropriate jurisdiction
where the Agreement is signed for adjudication.
10.3 When any term of the Agreement is judged to be
invalid by such court, it will not influence the effectiveness of other terms
or any part thereof, and you and Steinbach International GmbH shall
perform the valid terms in good faith.