Service Agreement of KOJIMA Inc.(IP Khayitov)
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
Please enter the company name. 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, Please enter the company name 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 IP
Khayitov. It includes (but not limited to) IP Khayitov Privacy
Policy and other contents. In case of change, IP Khayitov 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 IP Khayitov'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 IP Khayitov, downloaded and installed
and applied in specified system mobile terminals.
1.2 Services refer to
services provided for you by IP Khayitov and its suppliers. You can
use such services on the mobile terminal with the licensed software.
2.1 IP Khayitov offers
you intelligent life equipment management services, based on which you can
access the intelligent terminals on IP Khayitov and its suppliers' smart
platform through the IP Khayitov 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 IP Khayitov 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
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 IP Khayitov shall be obtained.
3.5 IP Khayitov 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
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 IP Khayitov in time, and IP Khayitov 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 IP Khayitov 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. IP Khayitov and
its suppliers neither controls nor bears responsibility for information and
services of the third party.
4.3 You acknowledge that IP
Khayitov 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
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
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
1) IP Khayitov 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) IP Khayitov 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
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
IP Khayitov from losses or additional expenses generated therefrom.
Otherwise, IP Khayitov has the right to claim compensation.
4) If IP Khayitov and
its suppliers suffers from any loss due to your breach of relevant laws or the
Agreement, you shall compensate IP Khayitov and its suppliers for
losses and (or) expenses generated therefrom.
VI. Information Content
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):
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
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 IP
Khayitov to protect your personal information. IP Khayitov prepares
and protection of intellectual property, collection, use, share, storage and
protection, etc. of your information are disclosed. You are suggested to
VIII. Exception Clauses
8.1 Unless otherwise specified in laws and regulations, IP
Khayitov will do its best to ensure the security, validity, accuracy and
reliability of the licensed software and technologies and information involved,
but IP Khayitov is unable to guarantee the same due to restriction by
available technologies nowadays. 8.2 You understand that IP
Khayitov 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 IP Khayitov. 8.4 Any other licensed
software-derived software not developed and released by IP Khayitov or the
development and release are not granted by IP Khayitov is illegal
software. Downloading, installing and using such software may cause
unpredictable risks. IP Khayitov shall be free from legal responsibilities
and disputes generated therein and IP Khayitov 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 IP Khayitov and its supplier's
smart platform involves in Internet service, which may be affected by
unstable factors in all links. Although IP Khayitov 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 IP Khayitov 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 IP
Khayitov's services. IP Khayitov 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 IP Khayitov's related
companies. Breach of terms, agreements, rules, annunciation and other relevant
regulations of IP Khayitov and its related companies may cause failure
in normal usage of licensed software, in which case, IP Khayitov shall
be entitled to terminate the application license, or take measures to restrain
your application license or other rights and interests controlled by IP
Khayitov 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 IP Khayitov, IP
Khayitov 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 IP Khayitov and
its supplier's treatment is required, IP Khayitov 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
9.6 You must bear all
compensation responsibilities if IP Khayitov and other users suffer
from losses caused by your breach of terms in the Agreement.
X. Governing Laws and
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 IP Khayitov through
friendly negotiation or submitted to People's Court of 630049,
Russia, Novosibirsk city, Dusi Kovalchuk st., 260/1
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 IP
Khayitov shall perform the valid terms in good faith.
10.4 The Agreement is signed
in 630049, Russia, Novosibirsk city, Dusi Kovalchuk st.,