Cloud intelligent software license and service agreement
Version: November 30, 2023
Before accepting this agreement, please carefully read all the contents of this agreement (especially those marked in bold and/or underlined). If you have any questions about the terms of this agreement, please ask the relevant business department, and we will explain the terms to you. If you do not agree with any content of this agreement, or cannot accurately understand our interpretation of the terms, please do not follow up.
This software license and service agreement (hereinafter referred to as "this agreement") is jointly signed by you and Zhejiang Weilai Jingling Artificial Intelligence Technology Co., Ltd. (hereinafter referred to as "Maojing").
The content of this agreement includes the text of the agreement, annexes, and all kinds of business specifications, activity rules, notices, announcements, etc. (hereinafter collectively referred to as "rules") that have been published or may be published in the future by Maojing, including but not limited to: Service Agreement, Legal Statement and Privacy Policy, etc. All rules are an integral part of the agreement and have the same legal effect as the text of the agreement.
Maojing has the right to formulate and modify this Agreement and/or various rules from time to time as required. In case of any change, Maojing will make an announcement in the form of website publicity, and no separate notice will be given. The changed agreement and rules will automatically come into force as soon as they are published and become a part of this agreement. If you do not agree with the relevant changes, the service provider should immediately stop using the Maojing service; If you continue to use the service, it will be deemed that you have no objection to the modified agreement and rules and agree to abide by them.
1. 、 Definition
1.1. Licensed software: refers to the software system developed by Maojing for you to download from the download platform and only installed and used in the mobile terminal of the corresponding system, including but not limited to Android and IOS software systems.
1.2. Services: services provided by Zhejiang Weilai Jingling Artificial Intelligence Technology Co., Ltd. You can use the service on the mobile terminal through the licensed software
2. 、 Service content
2.1. Maojing provides you with intelligent life device management services. You can connect to the intelligent terminal of Alibaba Cloud LinK Livingivinglife IoT life Pplatform through the control of Maojing, and realize the linkage between intelligent devices. The service content includes intelligent device management, scenario linkage, analysis report and other functions. These functional services may be optimized or modified due to different service versions or the unilateral judgment of the service provider, or may be delayed due to regular or irregular maintenance, or according to changes in user needs.
3. 、 Scope of Authorization
3.1. Maojing grants you a non exclusive license to install, use, transfer, sublicense and use this software.
3.2. Due to the limitation of software adaptation platform and terminal, you understand that you can only use the licensed software on the authorized system platform and terminal. If you install the licensed software on other terminal devices (including desktop computers, laptops, or other handheld mobile terminals other than the authorized terminal, televisions, set-top boxes, etc.), your hardware or software functions may be damaged.
3.3. You should understand that the licensed software can only be used for non-commercial purposes, and you cannot install, use or run the licensed software for commercial operation purposes. If commercial reproduction, dissemination and sales are required, such as software pre installation and bundling, the written authorization and permission of Maojing must be obtained in advance.
3.4. Maojing will change, upgrade, modify or transfer the licensed software and its related functions from time to time, and will develop new functions or other services in the licensed software system. If there is no independent agreement for the above new functions and software services, you can still obtain the authorization for the corresponding functions or services, and this agreement can be applied.
4. 、 Third party software or services
4.1. The licensed software may use or include software or services provided by a third party (hereinafter referred to as such services), which are set for your convenience and are legally authorized by the third party.
4.2. If Maojing uses the services provided by a third party, because the third party is the provider of its software or services, you should reach a service agreement with the third party separately when using such services, pay the corresponding fees and bear the possible risks. You should understand that Maojing has no right to grant you any right to use such services in this agreement, nor to provide any form of guarantee for such services. Maojing is unable to provide customer support for such services. If you need support, you can directly contact the third party. Any dispute arising from your use of such services can be directly resolved through consultation with the third party.
4.3. You understand that the licensed software only uses or includes such services at present. Maojing cannot guarantee that the licensed software will permanently use or include such services, nor can it guarantee that it will not use or include the same or different types of software or services of the third party or other third-party software or services in the future. Once Maojing uses or includes the aforementioned software or services in the licensed software, The corresponding software or service is also applicable to this agreement.
5. 、 Service Specification
5.1. You should standardize the use of the licensed software. The following ways are against the use specifications:
1) Engaging in acts that violate laws, regulations and policies, undermine public order and good customs, and damage public interests.
2) Unauthorized leasing, lending, copying, modifying, linking, reprinting, compiling, publishing, publishing and establishing mirror sites of the licensed software and its related information, and developing derivative products, works, services, plug-ins, compatibility, interconnection, etc. related to the licensed software.
3) Log in or use the licensed software through a third-party compatible software or system that is not developed, authorized or recognized by Maojing and its affiliates, or use plug-ins and plug-ins that are not developed, authorized or certified by Maojing and its affiliates for the licensed software.
4) Delete the copyright information and content on the licensed software and other copies. Modify, delete or avoid any technical measures set by Maojing to protect intellectual property rights in the application products.
5) Rent, lend or sublicense the licensed software to a third party for use without the written consent of Maojing, or use multiple licensed versions of the licensed software at the same time or transfer them separately after obtaining the license to use the upgraded version of the licensed software.
6) Copy, disassemble, modify the Licensed Software or any part thereof or manufacture derivative works thereof; Copy, modify, hook up and run the licensed software or any data released in the terminal during the operation of the licensed software and the interactive data between the terminal and the server during the operation of the licensed software, or create any derivative works, including the use of plug-ins, or unauthorized third-party tools/services to access the licensed software and related systems.
7) Carry out any behavior that endangers the information network security, including damaging or destroying the licensed software in any way or making it unable to operate or overloaded or interfering with the use of the licensed software by a third party when using the licensed software; Entering the computer system of others and deleting, modifying and adding stored information without permission; Intentionally spreading malicious programs or viruses and other acts that damage and interfere with normal network information services.
8) Use the licensed software to publish, transmit, disseminate and store content that infringes on others' intellectual property rights, trade secret rights and other legal rights, or engage in illegal and criminal activities such as fraud and misappropriation of others' accounts and funds.
9) By modifying or forging the instructions, data and data packages in the operation of the licensed software, the functions or operation effects of the licensed software are added, deleted or changed, and/or the software with the above purposes is disseminated or operated to the public through information networks.
10) Use the licensed software in any illegal way, for any illegal purpose, or in any way inconsistent with this agreement.
5.2. You understand and agree that:
1) Maojing will determine whether you are suspected of violating the above use specifications, and suspend or terminate your use license or take other restrictive measures according to the determination results.
2) When you use the licensed software, we will directly delete the information that is suspected of violating the law or infringing the legal rights of others or violating this agreement.
3) If your violation of the above rules of use causes damage to any third party, you need to independently assume legal responsibility in your own name and ensure that Maojing will not suffer losses or increase costs.
4) If you violate the relevant laws or the provisions of this agreement, causing any loss to Maojing, or being claimed by any third party, or being punished by any administrative department, you should compensate for the loss and/or expenses incurred by Maojing, including reasonable attorney fees, investigation and evidence collection fees.
6. 、 Information content specification
6.1. You promise that you will not use this service for any illegal or improper activities, including but not limited to the following:
6.1.1. Upload, transmit or share information containing one of the following contents:
1) Opposing the basic principles set forth in the Constitution of the People's Republic of China;
2) Endangering national security, divulging state secrets, subverting state power and undermining national unity;
3) Harming the honor and interests of the state;
4) Inciting national hatred, national discrimination and undermining national unity;
5) Those who undermine the state's religious policy and promote heresy and feudal superstition;
6) Spreading rumors, disturbing social order and undermining social stability;
7) Spreading obscenity, pornography, gambling, violence, murder, terror or abetting crime;
8) Insult or slander others and infringe upon their legal rights;
9) It contains false, fraudulent, harmful, coercive, infringing on others' privacy, harassment, infringement, slander, vulgar, indecent, or other morally objectionable content;
10) Including other contents restricted or prohibited by Chinese laws, regulations, rules, ordinances and any legally effective norms;
6.1.2. Pretend to be any person or institution, or state or falsely claim to be related to any person or institution in a false way;
6.1.3. Forge the title or manipulate the identification data in other ways, so that people mistakenly believe that the content is transmitted by MaojingTaobao or its affiliates;
6.1.4 Upload, transmit or share any content that is known but not transmitted according to any law or contract or legal relationship (such as internal information, exclusive and confidential information obtained or disclosed due to employment relationship and confidentiality contract);
6.1.5 Upload, transmit or share the content suspected of infringing the rights of others (including but not limited to copyright, patent, trademark, trade secret and other intellectual property rights);
6.1.6. Track or harass others in other ways, or send a lot of information to friends or other users through this service;
6.1.7 Upload, transmit or share any advertising, promotional information, promotional materials, "spam", "spam", "chain mail", "direct marketing" or any other form of persuasion materials; Except for dedicated areas or functions used for the foregoing purposes;
6.1.8. Since the service is not designed for some specific purposes, you may not use the service in important fields including but not limited to nuclear facilities, military purposes, medical facilities, transportation and communication. MaojingTaobao will not bear legal liability for casualties, property losses and environmental damage caused by the failure of the above operations due to software or services;
6.1.9. Any behavior beyond the purpose of internal or external information communication and exchange between friends or users;
6.1.10. For the purpose of internal or external information communication and exchange between normal friends or users (including but not limited to the purpose of sending advertising, garbage, harassment or illegal information), they can form a friend relationship with other users by adding or inducing others to add by themselves or by any other means (friend relationship includes but not limited to one-way friend relationship and two-way friend relationship, the same below);
6.1.11. Send a large amount of information to friends or other users through this service;
6.1.12. Violation of laws and regulations, socialist system, national interests, citizens' legitimate interests, public order, social morality and information authenticity and other "seven bottom lines";
6.1.13. Engage in any behavior that violates Chinese laws, regulations, rules, policies and normative documents.
7. Privacy Policy and Data
1. 7.1. Protecting your personal information is very important for Maojing. Maojing has formulated the Legal Statement and Privacy Policy, which has made important disclosure on the ownership and protection of intellectual property rights, your information collection, use, sharing, storage, protection and other aspects related to your vital interests. Maojing recommends that you read the Legal Statement and Privacy Policy completely to help you better protect your personal information.
8. No guarantee and limitation of liability
8.1. Unless otherwise specified by laws and regulations, Maojing will do its best to ensure that the licensed software and the technology and information involved in it are safe, effective, accurate and reliable. However, you understand that Maojing cannot guarantee this due to the existing technology.
8.2. You understand that Maojing cannot be held liable for your direct or indirect losses caused by force majeure or third-party reasons.
8.3. Personal injury or incidental and indirect damages, including but not limited to loss of profits, loss of materials, damages for business interruption or other business damages or losses arising from or in connection with any of the following circumstances, shall be borne by you:
1) Use or failure to use the Licensed Software;
2) Unauthorized use of licensed software or change of your data by a third party;
3) Expenses and losses arising from the use of the licensed software;
4) Your misunderstanding of the licensed software;
5) Other losses related to the licensed software not caused by cat spirit.
8.4. Any other software derived from the licensed software developed and officially released without the authorization of Maojing or Maojing is illegal. Downloading, installing and using such software may lead to unpredictable risks. The legal liabilities and disputes arising therefrom have nothing to do with Maojing, and Maojing has the right to suspend and terminate the use license and/or all other services.
8.5. Maojing may recommend you the corresponding food materials, food, sports goals and other information according to the relevant food nutrition, balanced diet, sports and other information, but you know and agree that such information is only for reference and is not regarded as professional or professional opinions and conclusions. At the same time, you need to evaluate the rationality by yourself and do a good job of self-protection during sports.
9. Intellectual Property
9.1. Maojing owns the software copyright, patent, trademark, trade secret and other relevant intellectual property rights of the licensed software, including various documents related to the licensed software and the intellectual property rights therein.
9.2. The relevant identification, logo and name of the licensed software belong to the intellectual property rights of Maojing and its affiliates, and are protected by relevant laws and regulations. You shall not copy, imitate, use or release the above logo, nor modify or delete any logo or identity information embodying Maojing and its affiliated companies in the application products without the explicit authorization of Maojing.
9.3. Without the prior written consent of Maojing and its affiliates, you shall not implement, use, transfer or license any third party to implement, use, transfer the above intellectual property rights for any profit or non-profit purpose.
10. Termination of Agreement and Liabilities for Breach of Contract
10.1. You should understand that using the licensed software according to the scope of authorization, respecting the intellectual property rights of the software and its contents, using the software according to specifications, and performing obligations as agreed in this agreement are the prerequisites for you to obtain the license to use the licensed software. If you seriously violate this agreement, the license will be terminated.
10.2. Your use of the software depends on the supporting services provided by the affiliated companies of Maojing. If you violate the terms, agreements, rules, notices and other relevant provisions of Maojing or the affiliated companies of Maojing and are terminated by any of the above websites, you may be unable to use the licensed software normally, and Maojing has the right to terminate the use of the license.
10.3. You understand that for the purpose of maintaining the order of the platform and protecting the rights and interests of consumers, if you have made any kind of commitment to Maojing and/or its affiliates, and the relevant company has confirmed that you have violated the commitment and notified Maojing to deal with it in accordance with the relevant agreement between you and the relevant company, Then Maojing may take restrictive measures on your license and other rights and interests controlled by Maojing according to your commitment or agreement, including suspending or terminating your use license.
10.4. If you violate the provisions of this Agreement or other agreements signed with Maojing, Maojing may notify the affiliates of Maojing and require them to take restrictive measures against your rights and interests, including requiring the affiliates to suspend or terminate part or all of the services provided to you, and publicizing your breach on the websites operated or actually controlled by them in accordance with the law.
10.5. The Licensed software is downloaded from the download platform, and you need to abide by the provisions of the download platform, system platform, and terminal manufacturer on the way and restrictions of using the licensed software. If the above third party confirms that you violate the provisions and need to handle the license, the license may be terminated by the third party at the request of the third party.
10.6. Upon termination of this License, you shall stop using the Licensed Software and destroy all copies of the Licensed Software.
10.7. If you violate the terms of this Agreement and cause any loss to Maojing or other users, you must bear all the liabilities for compensation. In the event that Maojing assumes the above liability, you agree to indemnify Maojing for the relevant expenses and losses, including reasonable attorney's fees.
11. Governing law and severability
11.1. The validity, interpretation, variation, execution and dispute resolution of this Agreement shall be governed by the laws of the People's Republic of China. In the absence of relevant laws, general international business practices and/or industry practices shall be referred to.
11.2. Any dispute arising out of or in connection with this Agreement may be settled by you and Maojing through friendly negotiation or submitted to the people's court in the place where the defendant is located for ruling.
11.3. The invalidity of any provision of this Agreement held by a people's court having jurisdiction shall not affect the validity of other provisions or any part thereof, and you and Maojing shall still perform in good faith.
12. Miscellaneous
12.1. Maojing may change the entity providing software services to you based on business adjustment, and the changed entity will perform this Agreement together with you and provide services to you. The above change will not affect your rights and interests under this Agreement. In case of a dispute, you may determine the subject of your performance of the contract and the parties to the dispute based on the specific services you use and the specific objects of conduct that affect your rights and interests.
12.2. All headings in this Agreement are for conspicuous use and convenience only and have no actual meaning and shall not be used as the basis for interpreting the meaning of this Agreement.