Before accepting this Agreement, please read this Agreement fully and carefully (in particularly exemption or limitation of liability provisions, as well as a separate agreement to open or use a service, and choose to accept or not to accept. Restrictions and exceptions may be marked in bold and/or with underline). If you have any question on the clauses herein, please raise your question through relevant business units and we will explain the contents of the clauses to you. If you disagree with any content hereof or cannot accurately understand our explanation on the clauses, please do not conduct any subsequent operation.
This Software License and Service Agreement (this “Agreement”) is made by and between you and GUANGZHOU HAOYANG ELECTRONIC CO.,LTD.(“Haoyang”).
You have no right to download, install or use the software and related services unless you have read and accepted all the terms of this agreement. Your download, installation, use, access to software account, login and other behaviors are deemed as you have read and agreed to the above agreement.
If you are under the age of 18, please read this Agreement and other above-mentioned agreements with your legal guardian, and pay special attention to the terms of use of minors.
This Agreement includes the main body, schedules and all business regulations, activity rules, notices, announcements that have been or will be published by Haoyang (collectively “Rules”), including but not limited to Service Agreement, Legal Statement and Privacy Policy. All the Rules are an integral part of this Agreement and shall have the same legal effect as the main body hereof.
Haoyang has the right to formulate and amend this Agreement and/or the Rules from time to time if necessary. In case of any amendment, Haoyang will announce the same by website announcement without any separate notification. The content of this agreement also includes the relevant agreements and business rules about this service that Haoyang may continuously release. This Agreement and the Rules as amended above shall automatically take effect upon announcement and become a part hereof. If you disagree with relevant amendment, you shall immediately stop using the service provided by Haoyang. Your continued use of such service shall be regarded as you having no objection against this Agreement and the Rules as amended and agreeing to observe the same.
1.Definition
(1)Licensed Software means a software system developed by Haoyang, which is available for your downloading from any download platform and allowed only to be installed and used in mobile terminals with corresponding operating systems.
(2)Service means the service provided by GUANGZHOU HAOYANG ELECTRONIC CO.,LTD. to you. You may use the Service in mobile terminals through the Licensed Software.
2.Scope of Service
Haoyang offers you smart living device control service. With Haoyang, you may control smart terminals connected to Aliyun, a platform offering smart living IoT Service, and realize interaction between smart devices. The scope of the Service includes management of smart devices, interaction of scenarios, analyzing and reporting and other functions, which may be changed based on users’ demands, or optimized or modified with the upgrade of the Service or at the sole discretion of service provider, or suspended due to regular or irregular maintenance.
3.Scope of Authorization
(1)Haoyang grants you a non-assignable, non-sublicensable and non-exclusive license to install and use the Licensed Software.
(2)Owing to the restrictions on compatible platforms and terminals, you understand that you may only use the Licensed Software in licensed system platforms and terminals.
(3)lYou shall understand that the Licensed Software may only be used for non-commercial purposes. You shall not install, use and run the Licensed Software for the purposes of business operations. If you intend to conduct commercial duplication, communication and distribution, such as pre-installation and bundling, you must obtain Haoyang's prior written authorization and license.You may make a copy of the software for the purpose of using the software and services for backup only. The backup copy must contain all copyright information contained in the original software.
(4)Haoyang will change, upgrade, alter or transfer the Licensed Software and its relevant functions from time to time and will develop new functions or other services in the system of the Licensed Software. If there is no separate agreement in connection with the aforesaid new functions or software services, you will still be licensed to use corresponding functions or services and this Agreement will apply.
(5)Haoyang reserves all other rights not explicitly authorized by this article and other terms of this agreement, and you must obtain the written permission of Haoyang to exercise these rights. Haoyang's failure to exercise any of the above rights does not constitute a waiver of such rights.
4.Third-Party Service
(1)The Licensed Software may use or include any service provided by a third party (“the Services”). The Services are included for your convenience with due authorization of such third party.
(2)You understand that the Licensed Software only uses or includes the Services for the time being. Haoyang does not undertake that the Licensed Software will permanently use or include the Services, or the Licensed Software will not use or include any software or service of the same or different type of such third party or any other third party in the future.
5.Service Regulations
You shall use the Licensed Software according to the rules and regulations. You shall not:
(1)do any act that violates laws, regulations and policies, damages public order and good custom and harms public interest.
(2)lease, lend, reproduce, change, link, re-post, compile, issue, publish, set up a mirror site of the Licensed Software and relevant information therein, or utilize the Licensed Software to develop derivative products, works, services, plug-ins, compatibles and interconnections in relation thereto without our approval.
(3)log in or use the Licensed Software through any third-party compatible software and system that are not developed, authorized or approved by Haoyang and its affiliates, or use plug-ins in connection with the Licensed Software that are not developed, authorized or approved by Haoyang and its affiliates.
(4)delete any information and content relating to copyright on the Licensed Software and the copies thereof, or alter, delete or evade any technical measures Haoyang has taken in the application products for the purpose of intellectual property protection.
(5)ease, lend or sub-license the Licensed Software to a third party without Haoyang’s written consent, or use multiple versions of the Licensed Software or separately transfer them after being licensed to use the upgraded version of the Licensed Software.
(6)reproduce, disassemble or alter the Licensed Software or any portion thereof or produce derivative works thereof; reproduce, alter, hook, or create any derivative works with, any data released in terminals by the Licensed Software or in the process of operation of the Licensed Software, as well as any data exchanged between terminals and servers in the process of operation of the Licensed Software, including by using plug-ins or unauthorized third-party tools/services to access the Licensed Software and relevant systems.
(7)do any act that endangers the information network security, including damaging or destroying the Licensed Software, making it unable to run, or disrupting a third party’s use of the Licensed Software in any manner in the use of the Licensed Software; logging in any other person's computer system and deleting, modifying or adding storage information without permission; spreading on purpose malicious program or virus, and any other acts that undermine or disrupt the normal network information service.
(8)utilize the Licensed Software to publish, transmit, communicate, save any content that infringes any other person's intellectual property rights, trade secrets or other legitimate rights, or commit fraud, unauthorized use of any other person's account or funds, or other crimes.
(9)add, delete, or alter any functions or operation effects of the Licensed Software by modifying or fabricating directives, data or data package in its running process, and/or spread any software that is able to realize the foregoing purposes to the public through the information network or operate such software.
(10)use the Licensed Software in any other illegal manner, for any illegal purpose, or in any way inconsistent with this Agreement.
6.Regulations on Information Content
(1)You undertake not to use the Service for any illegal or improper actions
(2)Pretending to be any other person or organization, or falsely representing or fraudulently claiming to be related to any other person or organization;
(3)Fabricating titles or otherwise manipulating the identification materials to mislead others to believe that such content is transmitted by Haoyang or its affiliates;
(4)Uploading, transmitting or sharing any content known by you under any law or agreement or statutory relation (e.g., internal materials and proprietary and confidential data obtained or disclosed due to any employment relation or under any confidentiality agreement) which you are not authorized to upload, transmit or share;
(5)Uploading, transmitting or sharing any content suspected of infringing any other person's rights (including but not limited to copyright, patent right, trademark right, trade secret and other intellectual property rights);
(6)Uploading, transmitting or sharing any advertisement, marketing information, promotional materials, “spam”, “chain letters”, “direct sale” or solicitation materials in any other form, except to the community or by the function exclusively for the foregoing purposes;
(7)Using the Service in critical sectors for which the Service is not designed, including but not limited to nuclear facilities, military, medical facilities, transportation and telecommunication. Haoyang will not be legally liable for any personal injury or death, property loss or environmental disruption caused by failure of the foregoing operations due to the application or Services;
7.Privacy Policy and Data
It is important for Haoyang to protect your personal information. Haoyang has formulated the Privacy Right Policy to make important disclosure on ownership and protection of intellectual property rights, collection, use, sharing, storage and protection of your information and other aspects involving your vital interests. Haoyang recommends that you read the whole text of the Legal Statement and Privacy Right Policy so that you may better protect your personal information.
8.No Guarantee and Limitation of Liability
(1)Unless expressly specified in laws and regulations, Haoyang will use its best efforts to ensure that the Licensed Software and any technology and information involved in it are safe, effective, accurate and reliable. Nevertheless, subject to current technology strength, you understand that Haoyang is not able to make guarantee in respect thereof.
(2)You understand that Haoyang shall not be liable for your direct or indirect losses caused by force majeure and any third party.
(3)You shall be fully liable for any personal injury or any incidental, indirect damages arising out of or in connection with any of the following circumstances, including without limitation damages owing to loss of profit, loss of materials, interruption of business, or other commercial damages or losses:
1) use of, or failure to use the Licensed Software;
2) use of the Licensed Software or modification of your data by a third party without permission;
3)costs and losses incurred due to use of the Licensed Software;
4)your misunderstanding of the Licensed Software;
5)any other loss in connection with the Licensed Software not owing to any reason attributable to Haoyang.
(4)Any other software derived from the Licensed Software that is not developed and officially released by Haoyang or others with Haoyang’s authorization is illegal, and downloading, installation and use of such software may cause unforeseeable risks.
(5)Haoyang will not assume any legal liability or solve any dispute arising therefrom, and Haoyang has the right to suspend or terminate your license and/or all other services.
9.Software acquisition, installation and uninstall
(1)You can obtain the software directly from Haoyang's website or from a third party authorized by Haoyang.
(2)If you have never obtained the software or the installation program with the same name as the software from a third party authorized by Haoyang, Haoyang can not guarantee the normal use of the software, and will not be responsible for the losses caused to you.
(3)Haoyang may have developed different software versions for different terminal devices. You should download the appropriate version for installation according to the actual situation.
(4)After downloading the installation program, you need to follow the steps prompted by the program to install correctly.
(5)In order to provide more quality and safe services, Haoyang may recommend you to install other software during the installation of this software. You can choose to install or not to install it.
(6)If you no longer need to use the software or need to install a new version of the software, you can uninstall it yourself. If you are willing to help Haoyang improve its products and services, please tell me the reason for the uninstall.
(7)In order to improve the user experience and service content, Haoyang will constantly strive to develop new services and provide you with software updates from time to time (these updates may take the form of software replacement, modification, function enhancement, version upgrade, etc.).
(8)In order to ensure the security and function consistency of the software and services, Haoyang has the right to update the software without special notice to you, or change or limit the partial function effect of the software.
(9)After the new version of the software is released, the old version of the software may not be used. Haoyang does not guarantee that the old version software will continue to be available and corresponding customer service, please check and download the latest version at any time.
10.Account usage specification
(1)The ownership of software account belongs to Haoyang company. After completing the registration application procedures, users only get the right to use the software account, and the right to use it belongs to the initial applicant. At the same time, the initial applicant shall not donate, borrow, rent, transfer or sell the software account number, or permit the non initial applicant to use the software account in other ways. The non initial applicant shall not use software account through donation, inheritance, lease, assignment or any other means.
(2)The user is responsible for keeping the security of the registered account information and account password properly, and the user needs to bear the legal responsibility for the registered account and the behavior under the password. Users agree not to disclose account and password information to others under any circumstances. When you suspect that others are using your account, you should inform Haoyang immediately.
(3)If the user does not log in to the account for a long time after registering the software account, Haoyang has the right to reclaim the account, so as to avoid waste of resources. Any loss caused by this shall be borne by the user.
11.Precautions for users
(1)You understand and agree: in order to provide you with effective services, the software will use the processor and bandwidth of your terminal equipment. This software may generate data flow costs in the process of using, users need to learn the relevant tariff information from the operator, and bear the relevant costs.
(2)You understand and agree: some functions of the software may let the third party know the user's information, for example: the user's software friends can query the user's Avatar, name and other publicly available personal data;
(3)When you use a specific service of the software, the service may have separate agreement, relevant business rules, etc. (hereinafter referred to as "separate agreement"), please read and agree to the relevant separate agreement before using the service; your use of the above-mentioned specific service is deemed to be your acceptance of the relevant separate agreement.
(4)You understand and agree that Haoyang will use its reasonable commercial efforts to ensure the security of your data storage in the software and services. However, Haoyang cannot provide a full guarantee in this regard, including but not limited to the following situations:
(5)Haoyang will not be responsible for the deletion or storage failure of relevant data in this software and service;
(6)Haoyang has the right to determine the maximum storage period of data in the software and services for a single user according to the actual situation, and allocate the maximum storage space for the data on the server. You can back up the relevant data in the software and service according to your own needs;
(7)If you stop using the software and services or the service is terminated or cancelled, Haoyang can permanently delete your data from the server. Haoyang has no obligation to return any data to you after the service is stopped, terminated or cancelled.
(8)When using the software and services, users shall bear the following risks beyond Haoyang's control, including but not limited to:
1)Personal information loss, leakage and other risks that may be caused by irresistible factors;
2)The user must select the software version matching with the installed terminal equipment, otherwise, any problems or damages caused by the mismatch between the software and the terminal equipment model shall be borne by the user;
3)When users use the software to visit the third-party website, the risk caused by the third-party website and related content shall be borne by the user;
4)The content released by users is forwarded and shared by others, which may bring risks and responsibilities;
12.Precautions for devices before use
Please read this statement carefully before use.
GOLDENSEA UV products manufactured by Guangzhou Haoyang Electronic Co., Ltd (GOLDENSEA) are a series of products using ultraviolet rays to sterilize air and surfaces. Since the metal mercury contained in the ultraviolet lamp and the wavelengths emitted by the ultraviolet rays are harmful to the human body, we remind the user that when using this series of products, the user must pay attention to the following:
(1)Humans, animals, plants should not be present in the disinfection area while a UV product is operating, to avoid damage caused by direct UVC irradiation.
(2)Only adults who have read and understood the contents of this manual are allowed to operate the products.
(3)Do not place food or electronic devices with temperature resistance below 60 degrees Celsius in the line of sight of this series of products.
(4)Never look directly at the lamp when it is active.
(5)Do not use the products in a humid environment.
(6)Do not place the products on an inclined or uneven surface.
(7)Do not place the product on electrical products or near heat sources.
(8)Do not continue to use the products when the lamp is damaged.
(9)Do not use the product under the interference of strong electric fields and magnetic fields.
(10)Insufficient disinfection time or insufficient radiation will influence the effect of disinfection.
(11)If possible, the external power supply for GOLDENSEA UV products should be installed with a qualified inline leakage protection device.
(12)Ensure the surface of the lamp tube is clean before use. If dust is found on the lamp tube, please wipe it with a clean cloth. Dirty tubes will influence sterilization effect. Do not rinse the products directly.
(13)Do not directly expose valuable silk products, leather goods, calligraphy and paintings, collectible or important commemorative items to UV irradiation.
(14)When sterilizing rooms with textile coverings and hangings (i.e. table cloth bedspreads, curtains and etc.), keep the product at least one meter away from these items. Prolonged exposure to UVC rays (same as occurs with direct exposure to sunlight) may cause discoloration of the textile.
(15)Cosmetics and skin care products should be covered and sealed well when a UV product is in operation to avoid direct irradiation.
(16)Unplug the product and store it in a safe place to keep out of children’s reach.
(17)If the lamp needs to be replaced, refer to and follow the instructions in the user manual.
(18)Dispose of used or broken lamps by following your local hazardous waste management guidelines. Do not dispose of lamps with household waste.
(19)f there is a technical problem with any GOLDENSEA UV product, please contact GOLDENSEA or an official GOLDENSEA UV local distributor; Never disassemble a product without the instruction of qualified service personnel.
(20)This series of products are for air and surface sterilization uses and do not have any medical functions. The description of this product should not be interpreted as suggesting or promoting medical effects.
Pursuant to the above, GOLDENSEA has explained all details that users must pay attention to when using this series of products. If users fail to use the series of products in accordance with the guidelines or regulations laid out above and in the manuals, GOLDENSEA will not be liable for any losses, damages or consequences caused by the user's inappropriate use.
13. Property Rights
(1)Haoyang owns the software copyright, patent, trademark, trade secret and other relevant intellectual property rights in the Licensed Software, including documents and materials relating to the Licensed Software and intellectual property rights therein.
(2)Any mark, logo and name in connection with the Licensed Software are Haoyang and its affiliates’ intellectual property rights, and protected by relevant laws and regulations. Without Haoyang’s express authorization, you shall not copy, imitate, use or publish the above logo, or modify or delete any logo or identity information indicating Haoyang and its affiliates in any application products.
(3)Without Haoyang and its affiliates' prior written consent, you shall not, or allow any third party to, implement, use or transfer the above intellectual property rights for profit or for any non-profit purpose.
14.Termination and Liability for Breach
(1)You shall understand that the grant of a license by Haoyang is subject to your use of the Licensed Software within the scope of authorization, your respect for the intellectual property rights of the Licensed Software and anything contained therein, your use of the Licensed Software according to the above rules and regulations, and your performance of obligations pursuant to this Agreement. In case of your material breach hereof, Haoyang will terminate such license.
(2)Your use of the Licensed Software relies on the associated services to be provided by Haoyang’s affiliates. If you breach any provision of Haoyang or its affiliates' terms, agreements, rules and regulations, and announcements, resulting in termination of services by any of the above websites, it may make you unable to use the Licensed Software normally, and Haoyang shall be entitled to terminate your license.
(3)You understand that for the purpose of maintaining the order of the platform and protecting the rights and interests of consumers, if you make commitment of any form to Haoyang and/or its affiliates, and a relevant company has confirmed that you have violated such commitment and notified Haoyang to handle such violation in accordance with the agreement between you and such company, then Haoyang may take restrictive measures against your license and other rights and interests under Haoyang’s control in the manner as agreed in your commitment or the agreement, including suspension or termination of your license.
(4)Once you breach this Agreement or other agreements concluded between you and Haoyang, Haoyang may notify its affiliates and require them to take restrictive measures against your rights and interests, including suspension or termination of providing services, in whole or in part, to you, and announcement of your breach in any websites they operate or actually control according to laws.
(5)You may download the Licensed Software from any downloading platform, and you shall comply with the provisions of the downloading platform, system platform and terminal manufacturer regarding the manners and restrictions in respect of your use of the Licensed Software. If any of the above third parties confirms that you have breached such provisions and needs Haoyang to deal with such breach, Haoyang may terminate your license due to the request of such third parties.
(6)Upon termination of this license, you shall cease to use the Licensed Software and destroy all copies of the Licensed Software.
(7)In case of your breach of any of the provisions herein, which causes losses to Haoyang or other users, you must be liable for full compensation. If Haoyang undertakes the above liability, you agree to compensate Haoyang for relevant expenses and losses, including reasonable attorney's fee.
15.Governing Law and Severability
(1)The effectiveness, interpretation, amendment, performance of this Agreement and resolution of disputes arising from this Agreement shall be governed by the laws of the People's Republic of China. If there is no relevant provision in such laws, the general international business practices and/or industry practices shall apply.
(2)In case of any dispute arising out of or in connection with this Agreement, you may resolve the dispute with Haoyang through friendly negotiations, or submit it to the competent people’s court at the place where the respondent is located.
(3)If any provision hereof is held to be invalid by the competent people’s court, it shall not affect the validity of any other part or any other provisions hereof. You and Haoyang shall still perform such other part and provisions in good faith.
16.Miscellaneous
(1)Haoyang may change the entity that provides software services to you according to business adjustment, and the new entity will perform this Agreement together with you and provide services to you. Any of the above changes will not affect your rights and interests hereunder. In case of any dispute, you may determine the entity that performs this Agreement with you and the counterparty to such dispute according to the specific services you use and the specific actor who affects your rights and interests.
(2)All headings herein are for convenience only, and do not have any actual meanings and shall not be used as the basis for interpretation of this Agreement.
