User Agreement for the FanLamp Pro software — terms of use and the rights and obligations of both parties
2022/03/21
Shenzhen Jingyuan Microcontrol Technology Co., Ltd. (hereinafter "Jingyuanmicro") hereby specifically reminds users to carefully read and fully understand this User Agreement (hereinafter the "Agreement"). You should read carefully and fully understand every clause of this Agreement, in particular the clauses that exempt or limit Jingyuanmicro's liability and those concerning dispute resolution and governing law. Clauses that exempt or limit liability are highlighted in bold and require your special attention. Please read this Agreement carefully and choose to accept or decline it (minors should read it under the supervision of their legal guardian). Your downloading, installing, and using this software, as well as obtaining and logging in to an account, will be deemed acceptance of this Agreement and agreement to be bound by all of its terms.
Jingyuanmicro reserves the right to revise this Agreement. The updated terms will be published on the official website or within the software and take effect from the date of publication. You may re-download and install this software or visit the website to review the latest version of the terms. After Jingyuanmicro modifies the terms of this Agreement, if you do not accept the modified terms, please immediately stop using the software and services provided by Jingyuanmicro. Your continued use of the "FanLamp Pro" software and services provided by Jingyuanmicro will be deemed acceptance of the modified Agreement.
1.1. This Agreement is concluded between you (hereinafter also "User") and Jingyuanmicro together with its operating partners (hereinafter "Partners") regarding your downloading, installing, and using the "FanLamp Pro" software (hereinafter the "Software") and your use of related services provided by Jingyuanmicro.
1.2. The Software and services are software and services provided by Jingyuanmicro that are installed on, but not limited to, mobile smart terminal devices, providing users of such smart terminals with official drivers and Jingyuanmicro's services.
1.3. The ownership and operating rights of the Software and services belong to Jingyuanmicro.
2.1. Jingyuanmicro grants you a personal, non-transferable, non-sublicensable, and non-exclusive license to the Software.
2.2. You may install, use, display, and run the Software on a single mobile terminal device for non-commercial purposes. However, you may not install, use, or run the Software for commercial operation purposes, nor may you copy, alter, modify, mount, run, or create any derivative works from the Software or from the data released into the memory of any terminal device during the operation of the Software and the client-server interaction data generated during such operation, including but not limited to accessing the Software and related systems through plug-ins, add-ons, or unauthorized third-party tools/services. Commercial sale, copying, and distribution, such as software pre-installation and bundling, require the written authorization and license of Jingyuanmicro.
2.3. Without Jingyuanmicro's permission, you may not install the Software on other terminal devices not expressly licensed by Jingyuanmicro, including but not limited to set-top boxes, game consoles, televisions, DVD players, etc.
2.4. You may make one copy of the Software for the purpose of using the Software and services, solely for backup. The backup copy must contain all copyright information contained in the original software.
2.5. Except as expressly authorized in this Agreement, Jingyuanmicro grants you no other rights. Should you wish to exercise any other rights, you must obtain Jingyuanmicro's separate written consent.
3.1. You should download and install the Software product through the website designated by Jingyuanmicro or in the designated manner. Beware of downloading the Software from non-designated websites, to prevent your mobile terminal device from being infected by malicious programs that may damage your data and obtain your private information. If you obtain the Software or an installation program with the same name from a third party not authorized by Jingyuanmicro, Jingyuanmicro cannot guarantee that such software will function properly and will not be responsible for any loss caused to you as a result.
3.2. You must select the version of the Software that matches the terminal device on which it is installed. Otherwise, any software problems, device problems, or damage arising from the mismatch between the software and the device model shall be borne by you.
3.3. In order to improve the user experience and refine the service content, Jingyuanmicro has the right to provide you with replacement, modified, or upgraded versions of the Software from time to time, and also has the right to charge for such replacement, modification, or upgrade, but will obtain your consent in advance before charging. By default, the Software enables an "upgrade reminder" function for users; depending on the software version a user uses, Jingyuanmicro allows users to choose whether to enable this function. After a new version of the Software is released, Jingyuanmicro does not guarantee the continued availability of older versions.
4.1. While complying with the law and this Agreement, you may use the Software and services in accordance with this Agreement. You may not engage in the following acts:
4.1.1. Deleting any copyright information on the Software or any of its copies, or modifying, deleting, or circumventing the technical measures set up by the Software to protect intellectual property rights;
4.1.2. Reverse engineering the Software, such as disassembling, decompiling, or otherwise attempting to obtain the source code of the Software;
4.1.3. Adding, deleting, or altering the functions or operating effects of the Software by modifying or forging instructions or data during its operation, or operating or disseminating to the public software or methods used for the above purposes, whether or not for commercial purposes;
4.1.4. Using the Software to engage in any act that endangers network security, including but not limited to: using unauthorized data or accessing unauthorized servers/accounts; entering the public network or another person's operating system without permission and deleting, modifying, or adding stored information; attempting without permission to probe, scan, or test the weaknesses of the Software's system or network, or otherwise carrying out acts that undermine network security; attempting to interfere with or disrupt the normal operation of the Software's system or website, deliberately spreading malicious programs or viruses, or other acts that damage or interfere with normal network information services; forging the name or part of the name of TCP/IP data packets;
4.1.5. Logging in to or using the Software and services through third-party compatible software or systems not developed, authorized, or recognized by Jingyuanmicro, or producing, releasing, or disseminating such tools;
4.1.6. Without Jingyuanmicro's written consent, carrying out, with respect to the Software and the information therein, acts including but not limited to: using, renting, lending, copying, modifying, linking, reposting, compiling, publishing, or releasing; establishing mirror sites; or developing related derivative products, works, services, plug-ins, add-ons, compatibility, or interconnections by means of the Software without authorization;
4.1.7. Using the Software to publish, transmit, disseminate, or store content that violates national laws or endangers national security, national unity, social stability, public order, or good morals, or any improper, insulting, defamatory, obscene, or violent content, or any content that violates national laws, regulations, or policies;
4.1.8. Using the Software to publish, transmit, disseminate, or store content that infringes the intellectual property rights, trade secrets, or other lawful rights of others;
4.1.9. Using the Software to publish, transmit, or disseminate advertising information and spam in bulk;
4.1.10. Otherwise using the Software and other services provided by Jingyuanmicro in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the licensed use under this Agreement.
4.2. Standards for Publishing Information
4.2.1. You may use the Software to publish views and opinions, data, text, information, usernames, images, photos, personal information, audio and video files, links, and other content that is your original work or that you are entitled to publish. You must warrant that you own the intellectual property rights of the content you upload or have obtained lawful authorization, and that any act of yours in using the Software and services does not infringe the lawful rights and interests of any third party.
4.2.2. When using the Software, you must comply with the "seven bottom lines" requirements concerning laws and regulations, the socialist system, national interests, citizens' lawful rights and interests, public order, morals, and the authenticity of information.
4.2.3. When using the Software, you may not use the Software to engage in the following acts, including but not limited to:
4.2.3.1. Producing, copying, publishing, disseminating, or storing content that violates national laws and regulations:
(1) opposing the basic principles established by the Constitution;
(2) endangering national security, divulging state secrets, subverting state power, or undermining national unity;
(3) damaging the honor and interests of the state;
(4) inciting ethnic hatred or ethnic discrimination, or undermining ethnic unity;
(5) undermining the state's religious policy, or propagating cults and feudal superstitions;
(6) spreading rumors, disrupting social order, or undermining social stability;
(7) disseminating obscenity, pornography, gambling, violence, murder, or terror, or abetting crime;
(8) insulting or defaming others, or infringing the lawful rights and interests of others;
(9) inciting unlawful assembly, association, procession, or demonstration, or gathering crowds to disrupt social order;
(10) acting in the name of an unlawful civil organization;
(11) containing other content prohibited by laws and administrative regulations.
4.2.3.2. Publishing, transmitting, disseminating, or storing content that infringes others' rights of reputation, portrait, intellectual property, trade secrets, or other lawful rights;
4.2.3.3. Fabricating facts or concealing the truth to mislead or deceive others;
4.2.3.4. Publishing, transmitting, or disseminating advertising information and spam;
4.2.3.5. Engaging in other acts that violate laws and regulations, policies, public order, good morals, and social ethics.
4.2.4. Without Jingyuanmicro's permission, you may not engage in any commercial activity within the Software, such as publishing advertisements or selling goods.
4.3. You understand and agree that:
4.3.1. Jingyuanmicro will determine whether a user is suspected of violating the above usage standards and, based on the determination, may suspend or terminate your license to use, or take other restrictive measures available under this Agreement;
4.3.2. Jingyuanmicro will directly delete information published by users when using the licensed software that is suspected of being unlawful, suspected of infringing the lawful rights of others, or in violation of this Agreement;
4.3.3. Where a user's violation of the above usage standards causes damage to a third party, you shall independently bear legal liability in your own name and shall ensure that Jingyuanmicro is held harmless from any resulting loss or additional expense;
4.3.4. If a user violates relevant legal provisions or the terms of the Agreement, causing Jingyuanmicro to suffer loss, or to be subject to third-party claims, or to be penalized by administrative authorities, the user shall compensate Jingyuanmicro for the loss thereby caused and/or the expenses incurred, including reasonable attorney's fees and costs of investigation and evidence collection.
5.1. Protecting your personal information is important to Jingyuanmicro. In order to provide the functions of the Software and improve the user experience, Jingyuanmicro will collect the following types of data:
5.1.1. Device-related information: information related to your device hardware, performance, status, applications, etc. For example, system version, device manufacturer information, model name, device and motherboard identification codes, CPU usage, and installed and used applications.
5.1.2. Information that we designate as related to you: we may collect and use information such as your Jingyuanmicro account.
5.1.3. Network usage information: we may collect the network type, network signal, etc. related to your use of certain functions of Jingyuanmicro's software.
6.1. You must provide on your own the equipment required for your mobile terminal device to access the Internet and use telecommunications value-added services, and bear on your own the communication fees, information fees, and other related charges levied for Internet access by your personal mobile terminal device or by third parties (including but not limited to telecommunications or mobile communications providers). Where telecommunications value-added services are involved, we recommend that you confirm the relevant fees with your telecommunications value-added service provider.
6.2. Jingyuanmicro and its Partners shall not be liable for any loss suffered by users due to third parties, such as communication line failures, technical problems, networks, mobile terminal device failures, system instability, and other force majeure causes.
6.3. Like most Internet software, the Software may be affected by various security issues due to differences in factors including but not limited to user causes, network service quality, and the social environment. For example, others may use a user's data, causing harassment in real life; other software a user downloads and installs or other websites a user visits may contain viruses such as "Trojan horses," threatening the security of the user's terminal device information and data and thereby affecting the normal use of the Software, and so on. Users should strengthen their awareness of information security and the protection of user data, and pay attention to strengthening password protection, so as to avoid loss and harassment.
6.4. When a user uses the Software or requests Jingyuanmicro to provide specific services, the Software may invoke third-party systems or third-party software to support the user's use or access, and the results of such use or access are provided by such third parties. Jingyuanmicro does not guarantee the security, accuracy, validity, or other uncertain risks of the results achieved through third-party systems or third-party software support. Jingyuanmicro shall not bear any liability for any dispute or damage arising therefrom.
6.5. Jingyuanmicro specifically reminds users that, in order to safeguard the autonomy of the company's business development and adjustment, Jingyuanmicro has the right to modify or interrupt services at any time without notice to users, and the exercise of such right to modify or interrupt services need not be accountable to users or any third party.
6.6. Except as expressly provided by laws and regulations, we will use our best efforts to ensure that the Software and the technology and information involved are secure, effective, accurate, and reliable. However, limited by existing technology, the user understands that Jingyuanmicro cannot guarantee this.
6.7. Personal injury or incidental or indirect economic damages arising from or related to any of the following circumstances, including but not limited to loss of profits, loss of data, damages for business interruption, or other commercial damages or losses, shall be borne by the user: (1) using or being unable to use the licensed software; (2) unauthorized use of the software by a third party or alteration of the user's data; (3) fees and losses arising from the user's acts using the software; (4) the user's misunderstanding of the software; (5) other losses related to the software not caused by Jingyuanmicro.
6.8. For acts conducted through the Software between a user and other users of the Software, any personal or economic harm or loss caused or possibly caused to you as a result of being misled or deceived shall be borne in full by the party at fault in accordance with the law.
7.1. Jingyuanmicro is the intellectual property right holder of the Software. All copyrights, trademark rights, patent rights, trade secrets, and other intellectual property rights of the Software, as well as all information content related to the Software (including but not limited to text, images, audio, video, charts, interface design, layout framework, related data, or electronic documents), are protected by the laws and regulations of the People's Republic of China and the corresponding international treaties, and Jingyuanmicro enjoys the aforesaid intellectual property rights.
7.2. Without Jingyuanmicro's written consent, you may not, for any commercial or non-commercial purpose, exercise, exploit, or transfer the aforesaid intellectual property rights yourself or license any third party to do so. Jingyuanmicro reserves the right to pursue legal liability for the aforesaid acts.
8.1. Jingyuanmicro has the right to modify the terms of this Agreement when necessary. Once the terms are changed, the modified terms will be published on the relevant page. If you do not agree to the changes made, you should proactively cancel this service. If you continue to use the service, you are deemed to have accepted the changes to the terms of the Agreement.
8.2. Jingyuanmicro and its partner companies have the right to modify or change the paid services, charging standards, charging methods, service fees, and service terms they provide as needed. When providing services, Jingyuanmicro may now or in the future begin charging certain fees to users of some services; if a user refuses to pay such fees, the user may not continue to use the relevant services after charging begins. Jingyuanmicro and its partner companies will use their best efforts to notify users of the relevant modifications or changes by email or other means.
9.1. The validity and interpretation of the terms of this Agreement are governed by the laws of the mainland region of the People's Republic of China. In the absence of relevant legal provisions, international business practices and/or commercial practices shall apply by reference.
9.2. The place of signing of this Agreement is Bao'an District, Shenzhen, People's Republic of China.
9.3. The user and Jingyuanmicro agree that any dispute arising from this service shall be resolved through negotiation between the parties. If negotiation fails, either party may submit the dispute to a court with jurisdiction at the place of signing of this Agreement for litigation.
10.1. When a user uses a specific service of the Software, that service may be subject to separate agreements, related business rules, etc. (collectively, "Separate Agreements"). Before using such a service, please read and agree to the relevant Separate Agreements.
10.2. The effective date of this Agreement is March 21, 2022.
10.3. The headings of all clauses of this Agreement are for ease of reading only, have no actual meaning in themselves, and may not be used as a basis for interpreting the meaning of this Agreement.
10.4. If any part of the terms of this Agreement is invalid or unenforceable for any reason, the remaining terms shall remain valid and binding on both parties.