3UP Network Technology PTE.LTD. software license and services agreement
[Preamble and Introduction]
Thank you for using 3UP Network Technology PTE.LTD. software and service!
In order to use 3UP Network Technology PTE.LTD. software and services(hereinafter "3UP") ,you should be aware of and comply with the "3UP Network Technology PTE.LTD. Software License and Services Agreement" (hereinafter "this agreement").Please carefully read in order to fully understand all of the terms and conditions, particularly those regarding waivers or restrictions of liabilities as well as standalone agreements for the availability or use of specific services and decide whether to accept such terms. Restrictions or waivers of liabilities may be indicated in bold type to call your attention.
Unless you have read and indicated your acceptance to all of the terms and conditions contained in this Agreement, you have no right to download, install or use the Software and related services. Upon your downloading, installation, use, obtaining the software, you will be considered to have read and agreed to be bound by this Agreement.
If you have not attained the age of 18 full years, please read this Agreement under the guidance of your legal guardian and pay special attention to the terms regarding use by minors.
1 [Scope of this Agreement]
1.1 [Agreement applies to the main range]
This is an agreement entered between you and 3UP regarding the downloading, installation, use and reproduction of the Software and use of the Services.
1.2 [Relationship among Agreements and Order of Precedence]
This Agreement is a supplement to 3UP's service Agreement (whose link address is http://www.3u.com/ as may be amended) and is an integral part of the above-mentioned agreement and rules. They altogether constitute the entire series of agreements regarding the use of the Software and Services. In case there is any conflict regarding terms and conditions of this Agreement, 3UP's Service Agreement , the terms and conditions of this Agreement shall prevail.
This Agreement also includes agreements and business rules relating to the Software and Services as may be published by 3UP from time to time. Upon publishing, such agreements and business rules will become the integral parts of this Agreement and shall therefore be complied with.
2. [Services]
2.1 [Form of Services]
2.1.1 Your use of this service will need to download 3UP Network Technology PTE.LTD. client software, for this software, 3UP hereby grants you a personal, non-transferable and non-exclusive license.You can only use for the purpose of access to or use of the Service to use of the software and services.
2.2 [Grant of License]
2.2.1 3UP hereby grants you a personal, non-transferable and non-exclusive license to use the Software. You may install, use, display and run the Software on a single terminal device for non-commercial purposes.
2.2.2 You may make a backup copy of the Software. Such a backup copy shall bear all copyright information included in the original Software.
2.2.3 3UP reserves any other rights which have not been expressly licensed under this Agreement. Prior Written approval of 3UP shall be obtained separately before you exercise any other rights reserved by 3UP. Non-exercise of the reserved rights by 3UP shall not be deemed as a waiver of such rights by 3UP.
3.[Access to the Software]
3.1 You may obtain the Software directly on 3UP's website. Alternatively, you may obtain the Software from a third party authorized by 3UP.
3.2 If you obtain the Software or an installation program under the same name of the Software from an unauthorized third party, 3UP shall not guarantee the normal operability of the software and shall not be held liable for any losses thus incurred to you.
4. [Installation and Uninstallation of Software]
4.1 3UP may develop different versions of the Software for different kinds of terminal devices. You should choose the suitable version to install in view of the actual situation.
4.2 After downloading the installation program, you have to carry out the installation properly by following the steps prompted by the program.
4.3 In order to provide services of even better quality and higher safety, 3UP may recommend you to install some other software when you install the Software. You can choose whether to install such other software.
4.4 If you do not need the Software any more or if you need to install a newer version of the Software, you may uninstall the Software by yourself. If you are willing to help 3UP to improve our products and services, please tell us the reason for uninstalling the Software.
5. [Updating of Software]
5.1 For the purpose of enhancing user's experience and improving our services, 3UP will continue to develop new services and make updates of the Software available to you from time to time. (Such updates may take the form of Software replacements, modifications, function enhancements and/or upgraded versions.)
5.2 In order to enhance user's experience and for the sake of service safety and the consistency of functions, 3UP has the right to make updates on the Software or modify or restrict certain functions of the Software without notice to you.
5.3 Older versions of the Software may become unusable after release of a newer version. As 3UP does not guarantee the continued usability of older versions of the Software or continued availability of customer services associated therewith, you are advised to check from time to time and download newer versions of the Software when available.
6. [Protection for Personal Information of Users]
6.1 Protection for personal information of users is one of the basic principles upheld by 3UP. Protect users 'personal information is a fundamental principle of 3UP, 3UP will take reasonable measures to protect users' personal information. Except as provided in laws and regulations, but without the user's permission 3UP will not disclose to any third party, to disclose personal information. 3UP relevant information storage and transmission of encrypted using professional manner to ensure the safety of your personal information.
6.2 In the course of your registration account or use of the service process, you may need to provide some of the necessary information, if national laws, regulations or policies have special provisions, you need to provide real identity information. If the information you provide is incomplete, you can not use this service or restricted in use.
6.3 Under normal circumstances, you are free to browse, modify the information which your submitted, but for security and identification reason(eg number appeal service), you may not modify the initial information provided during registration and other authentication.
6.4 3UP will use a variety of security technologies and procedures to establish and perfect the management system to protect your personal information, in order to avoid suffering from unauthorized access, use or disclosure.
6.5 Without your consent, 3UP will not disclose your personal information to any company, organization or individual outside of 3UP, except as otherwise provided by laws and regulations.
6.6 3UP attaches great importance to the protection of personal information of minors. If you are a minor under the age of 18, before using the service 3UP, you should obtain prior written consent from a parent or legal guardian.
7. [Rights and obligations provisions of legal subjects]
7.1 [Account Use]
7.1.1 Before using this service you may need to register a 3uTools account number, the relevant account using the protocol as well as the special rules that end 3UP released.
7.1.2 3uTools account number ownership by 3UP Inc, user only the right to use the account after completes the registration formalities, and the right only belongs to initial registration person, at the same time, initial registration person shall not grant, loan, lease, transfer or sale of 3uTools account number or otherwise permit the person not initial registration to use the account. The non-initial registration person shall not recipient, inheritance, lease, transferee or any other way to use 3uTools account number.
7.1.3 Users are responsible for keeping account passwords and registration information secure, users are responsibility for the account using. User agrees not to disclose the account and password information to others in any case. When you suspect that someone else is using your account, you should immediately notify 3UP.
7.1.4 If user not login the account in long-term after registration.3UP have the right to reclaim the account in order to avoid waste of resources, any consequent losses were by users themselves.
7.2 [User note]
7.2.1 You understand and agree that: In order to provide effective services to you, the software will use your mobile processor and bandwidth resources. The software may generate cost of data traffic, users should bear its own expenses to understand the relevant rate information from local service providers.
7.2.2 You understand and agree that:
1 Software included, recommended and provide download, upgrade service of third party, the third party to enjoy all the lawful rights. Third party is responsible for resolving any dispute caused by them, 3UP does not take any responsibility.3UP will not provide customer support or technology to third party software , if user needs to get support, please contact the software or technology provider.
2 3UP do not guarantees for installation, upgrade information, information security, legitimacy, compatibility etc provided by third party. Any legal disputes arising from this, the third party is responsible for resolving, 3UP not take any responsibility.
3 The software involved in any third-party software, and all their legal rights were owned by third-party. User download, install, use third-party software that is bound by the software license agreement. Any disputes arising during the using process, third party is responsible for resolving, 3UP not take any responsibility.
4 The software for the user to download and install the 3UP or third party software, and does not recognize the software to download and install from third party software is legitimate source. If you are the owner of the relevant software, and do not want this software provides users to download, install and use the service of your software, you can contact us according to the agreement, we will actively cooperate with you.
7.2.3 When using a particular service included in the software, you may have to comply with other agreements or consent separately. Therefore, you are advised to read such other agreements and rules carefully before using the such services.
7.2.4 You acknowledge and agree that 3UP will make its best commercially reasonable endeavors to protect the storage safety of your data in the Software and the Services. However, 3UP cannot provide full guarantee in this respect especially under following circumstances (including but without limitation):
7.2.4.1 3UP will not be responsible for any deletion of or failure to save your data in the Software and the Services;
7.2.4.2 3UP has the discretion to decide the maximum length of time of storing your data in the Software and the Services and the maximum storage space available for your use in the server as appropriate. You can make a backup copy of the Software and the Services by yourself in case of your own needs.
7.2.4.3 If you cease to use the Software or the Services or if your Services is terminated or canceled, 3UP may delete your data from the server permanently. 3UP shall not have any obligation to return any of the data to you once your Services is ceased, terminated or canceled.
7.3 [Third party products and services]
7.3.1 When you use the software provided by a third-party, to compliance with this agreement, in addition you must also abide by the User Agreement. If disputes occur due to 3UP and third party, they may take their own responsibility in respective laws and conventions range.
7.3.2 3UP does not guarantee security, accuracy, effectiveness and other uncertain risk to provide services and content from the third party and thus cause damage, if any dispute, it has nothing to do with 3UP, 3UP not take any responsibility.
8. [User Code of Conduct]
8.1 [Information content standardization]
8.1.1 The content of this article refers to the user to use the software and services in the process of production, reproduction, publication or distribution of any content.
8.1.2 You understand and agree that 3uTools has been committed to providing a civilized and healthy, orderly network environment, you can not use the computer account or the Software and butler service production, reproduction, publication, dissemination as interfering with the computer manager normal operations, as well as violations user or the content of other legitimate rights and interests of third parties, including but not limited to:
8.1.2.1 Publish, transmit, disseminate or store any contents which are against the laws and regulations or are detrimental to national security and unity, social stability, public order, social customs or social ethics or any humiliating, libelous, obscene or violent contents;
8.1.2.2 Publish, transmit, disseminate or store any contents which are defamatory or infringe others' portrait rights, intellectual property rights, commercial secrets or any other lawful rights;
8.1.2.3 Relates to the privacy of others, personal information or data;
8.1.2.4 Publish, transmit or disseminate advertising messages or junk messages;
8.1.2.5 Other acts in violation of laws and regulations, policy and public order and good customs, the legitimate rights and interests of the social morality or interference computer manager normal operation and invade other user or third party content information.
8.2 [Software Use]
Unless permitted by law or consented in writing by 3UP, you shall not engage any of the following acts:
8.2.1 Delete any copyright statement from the Software or its copies;
8.2.2 Reverse-engineer, disassemble or decompile the Software or otherwise attempt to discover the source code of the Software;
8.2.3 Use, lease, lend, reproduce, modify, attach a link to, reprint, compile or publish the contents which 3UP owns intellectual property rights or to set up a mirror site of such contents;
8.2.4 Reproduce, modify or make additions or deletions to the Software, any data released to any terminal or exchanged between the customer terminal and the server in the course of running the Software or any system data necessary for the running of the Software, or to run or create any derivatives on the same, whether or not by accessing the Software and related systems by the use of a plug-in, add-on or third party tools or services not authorized by 3UP;
8.2.5 Make additions, deletions or modifications to the functions or operating effects of the Software by modifying or forging commands or data used in the running of the Software, or to run or disseminate softwares or methods with the above intentions, whether for commercial reasons for not;
8.2.6 Login or use 3UP's softwares or services through the use of third party softwares, plug-ins, add-ons or systems not developed or authorized by 3UP, or to prepare, distribute or disseminate the above tools;
8.2.7 Tamper with the Software or its components, modules or data whether by yourself or through others or by using a third party software
8.2.8 Other acts not expressly authorized by 3UP
8.3 [Service operating norms]
Unless permitted by law or consented in writing by 3UP, you shall not engage any of the following acts:
8.3.1 Submitted false information, or pretend to be another person;
8.3.2 Induce users to click on the link page or share information;
8.3.3 Fabricate facts, conceal the truth in order to mislead, deceive others
8.3.4 Infringe the right of reputation, portrait, intellectual property, commercial secrets and other lawful rights;
8.3.5 Use 3uTools account and any function, promotion or mutual promotion at the third party platform without the written permission of 3UP;
8.3.6 Use of 3uTools account or the software and services to engage in any criminal activity;
8.3.7 Produce, distribute tools methods associated with the above behavior, regardless of whether these acts for commercial purposes;
8.3.8 Other behaviors against laws and regulations, do harm to legitimate rights and interests of other users, or interfere with the normal operation of the product not expressly authorized by 3UP.
8.4 [Be Responsible for Your Own Acts]
You fully understand and agree that you will be responsible for all acts done with the account registered by you including everything publicized and all consequences arising therefrom. You shall judge all contents which you come across in using the Services by yourself and bear all risks associated with using such contents, including risks arising from your reliance on the correctness, integrity or practicability of the contents. 3UP cannot and will not be responsible for any losses or damages which you may suffer due to the above risks.
8.5 [Default processing]
8.5.1 If 3UP discovers or receives any report of your violation of this Agreement, 3UP have the right to delete or block the relevant contents at any time without prior notice and take actions including but not limited to suspend or terminate using of the relevant account, part or all services and announce the results.
8.5.2 You understand and agree that, 3UP entitled to reasonable judge on the violation of the relevant laws and regulations, take appropriate legal action to penalties for violations of the law for any user, and save in accordance with the laws and regulations related to information reporting to the authorities, users should bear the legal consequences alone.
8.5.3 You understand and agree that due to your violation of regulations related service of this Agreement result in any third-party claims, demands or loss, you should independently bear the consequences; if 3UP suffers losses, you should also compensate.
9. [Intellectual Property Statement]
9.1 3UP is entitled to the intellectual property rights in respect of the Software. The copyright, trademark right, patent right, commercial secrets and other intellectual property rights in respect of the Software and all information and contents relating to the Software (including but not limited to texts, images, audios, videos, charts, interface designs, layouts, data and electronic document files) are subject to protection by the laws and regulations of Singapore and relevant international treaties. 3UP is entitled to the above intellectual property rights, subject to any legal rights which may be granted to other obligees under relevant laws and regulations.
9.2 You may not exercise, use or transfer or permit any third party to exercise, use or transfer the above intellectual properties rights regardless whether for commercial purpose without 3UP or relevant obligees's written consent.
10. [Responsibility for Terminal Device Safety]
10.1 You acknowledge and agree that as most of internet software and services, the Software or the Services may be under the influence of various factors including but not limited to reasons from the user, quality of the internet service and social environment, and may also be subject to various security problems including but not limited to actual disturbance in case of illegal use of user information as well as threatened insecurity of your terminal device information and data due to possible presence of viruses, Trojans or other malwares in other software downloaded by the user or other websites visited by the user, which in turn affect the normal use of the Software or the Services. Therefore, you should have higher awareness of information safety and protection for personal information and pay attention to protecting your passwords to avoid losses.
10.2 You may not make, release, use or disseminate malwares to be used for stealing 3uTools account and personal information and properties from other people.
10.3 Maintaining the safety and normal use of the Software should be a joint task of 3UP and you. While 3UP will take necessary technical measures in a reasonably prudent manner to protect the safety of your terminal device information and data according to industry standards, you acknowledge and agree that 3UP will not be able to provide any guarantee in this respect.
11. [Third Party Softwares or Technologies]
11.1 The Software may use third party softwares or technologies (including without limitation, some open source codes and/or public domain codes). The necessary licenses of use such third party softwares or technologies will be obtained legally by 3UP.
11.2 Where the Software uses third party softwares or technologies, 3UP will include the relevant agreements or documents as appendices of this Agreement or contain the same in the document files included in the installation kit of the Software, etc, as may be required by the relevant laws and regulations. Those agreements or documents may be named as “Software License Agreement” “Authorization Agreement” or “Open Source Code License” etc. Those agreements or documents, howsoever presented, are integral parts of this Agreement and bear the same legal effect as this Agreement. You shall comply with the provisions of those agreements or documents. If you fail to comply with them, the relevant third party or the relevant authority may bring a lawsuit or impose a fine or other sanction against you and, in doing so, may require the assistance of 3UP. In such event, you shall bear the legal liability on your own.
11.3 Any dispute arising as a result of third-party software or technology of the software used triggered by the third party to resolve, 3UP not take any responsibility. 3UP does not provide customer support for third-party software or technology, if you need to get support, please contact with third parties.
12. [Others]
12.1 By using the Software or the Services, you will be considered as having read and agreed to be bound by this Agreement. 3UP has the right to revise the terms and conditions of this Agreement whenever necessary. You can check the terms and conditions on the most updated version of the Software and the Services. If you continue to use the Software or the Services after revision of the terms and conditions, you will be considered as having accepted the agreement as revised. If you do not accept the agreement as revised, you should cease to use the Software.
12.2 The formation, validity, performance and interpretation of this Agreement and resolution of any disputes arising in connection with this Agreement shall be governed by the laws of Singapore excluding the conflict of laws principles.
12.3 Any dispute or controversy arising between you and 3UP shall first be resolved through friendly negotiation. If negotiation fails, You can file a lawsuit in a court of competent jurisdiction where 3UP Network Technology PTE.LTD. is registered.
12.4 The headings of all terms contained in this Agreement are inserted for convenience only and have no substantial meanings. They may not be taken as a basis for the interpretation of this Agreement.
12.5 If any of the terms and conditions contained in this Agreement is held invalid or unenforceable for any reason, the remaining terms shall continue to be valid and binding on both parties.(-- End of Body Text -- )
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