Service Agreement of Orange España
Welcome
to Orange España!
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 Orange España. 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, Orange
España 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 Orange España. It includes (but not limited to) Orange España
Privacy Policy and other contents. In case of change, Orange España 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 Orange España'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 Orange España,
downloaded and installed and applied in specified system mobile terminals.
1.2
Services refer to services provided for you by Orange España and its suppliers.
You can use such services on the mobile terminal with the licensed software.
II.
Service
2.1 Orange
España offers you intelligent life equipment management services, based on
which you can access the intelligent terminals on Orange España and its suppliers'
smart platform through the Orange España 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 Orange
España 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 Orange España shall be obtained.
3.4 Orange
España 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 Orange España in time, and Orange España 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 Orange España 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. Orange
España and its suppliers neither controls nor bears responsibility for
information and services of the third party.
4.3
You acknowledge that Orange España 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) Orange
España 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) Orange
España 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 Orange España from losses or additional expenses generated therefrom.
Otherwise, Orange España has the right to claim compensation.
4) If Orange
España and its suppliers suffers from any loss due to your breach of relevant
laws or the Agreement, you shall compensate Orange España 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 Orange España to protect your personal information. Orange
España prepares Orange España Privacy Policy[朱海舰1], 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 Orange España Privacy Policy.
VIII.
Exception Clauses
8.1
Unless otherwise specified in laws and regulations, Orange España will do its
best to ensure the security, validity, accuracy and reliability of the licensed
software and technologies and information involved, but Orange España is unable
to guarantee the same due to restriction by available technologies
nowadays.
8.2 You understand that Orange España 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 Orange España.
8.4 Any other licensed software-derived software not developed and released by Orange
España or the development and release are not granted by Orange España is
illegal software. Downloading, installing and using such software may cause
unpredictable risks. Orange España shall be free from legal responsibilities
and disputes generated therein and Orange España 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 Orange España and its
supplier's smart platform[朱海舰2]
involves in Internet service, which may be affected by unstable factors in all
links. Although Orange España 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 Orange
España 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 Orange España's services. Orange España 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 Orange
España's related companies. Breach of terms, agreements, rules, annunciation and
other relevant regulations of Orange España and its related companies may cause
failure in normal usage of licensed software, in which case, Orange España
shall be entitled to terminate the application license, or take measures to
restrain your application license or other rights and interests controlled by Orange
España 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 Orange
España, Orange España 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 Orange España and its supplier's treatment is required, Orange
España 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 Orange España 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 Orange España through friendly negotiation or submitted to People's Court
of Paseo del Club Deportivo 1, Parque Empresarial La Finca, Edificio 8, 28223 -
Pozuelo de Alarcón (Madrid) - España 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 Orange España shall perform the valid terms in good faith.
10.4 The Agreement is
signed in Paseo del Club Deportivo 1, Parque Empresarial La Finca, Edificio 8,
28223 - Pozuelo de Alarcón (Madrid) - España.