Service Agreement
of LSC Smart Platform
Welcome to LSC Smart Platform!
Before accepting the Agreement, you are supposed to
thoroughly read all contents of the Agreement, and fully know its terms,
especially restrictive clauses or exceptions. Restrictive clauses or exceptions
are bold or highlighted in other forms to catch your attention. In case of any
doubt for the terms of the Agreement, please contact relevant business
department of LSC. You are not allowed to use the service before you have read
and accepted all terms of the Agreement, relevant agreements and rules, etc.
Once you select "agree and submit the Agreement" (see registration
page for detailed wordings) and complete the registration procedure, or you use
the service in any form, it will be deemed that you have read and agreed with
the restriction of the Agreement and rules above. In case of any breach of the
Agreement, LSC has the right to unilaterally restrict, suspend or terminate the
service for you, and has the right to investigate your relevant
responsibilities.
The Service Agreement (hereinafter referred to as
"the Agreement") is signed by you and LSC (hereinafter referred to as
"LSC"). It includes (but not limited to) Privacy Policy of LSC Smart
Platform and other contents. In case of change, LSC will announce such change
on its official website without further notification. Upon announcement, the
changed agreement and rules become a part to the Agreement automatically, without
further notification to you for your consent. In case of objection to such
relevant changes, stop use LSC service; if you keep using it, it will deemed as that you hold no objections against the changed
rules and agree to abide by them.
I. Definitions of Terms
1.1 Licensed software refers to software system
developed by LSC, downloaded from the platform, and installed and applied in
specified system mobile terminals.
1.2 Services refer to services provided for you by LSC.
You can use such services on the mobile terminal with the licensed software.
II. Service
2.1 LSC offers you intelligent life equipment
management services, based on which you can access to the intelligent terminal
on LSC Cloud Platform through the LSC Control, and realize interlinkage among
intelligent equipment. Service contents include intelligent equipment
management, scene interlinkage and analysis report, etc. Such functions may be
optimized or modified according to changes of users' demands or judgment of
service supplier, and service supply may be suspended due to regular and
irregular maintenance.
III. Scope of Service
3.1 LSC grants you with the right to use the product
based on this software.
3.2 You are prohibited to license, sell, lease,
transfer, issue the product in any form, or use the product for other
commercial purpose. 3.2 Due to limitations on software adaptation platform and
terminals, you can only use the licensed software in the authorized system
platform and terminal; if you install the licensed software on other terminal
equipment, it may damage your hardware or software function.
3.3 You acknowledge that the licensed software can
only be used for non-commercial purpose and installation, application and
running of the licensed software is prohibited. If such commercial operation is
necessary, prior written authorization and permission from LSC shall be
obtained.
3.4 LSC may change, upgrade or transfer the licensed
software or relevant functions from time to time, and may add new functions or
services in the licensed software system. If no separate agreements are
accompanied with the aforesaid new functions or services, you are entitled to
the corresponding functions and services, which is also subject to the
Agreement.
3.5 You shall be responsible for the accuracy,
reliability, integrity and legality of input data and legality of the way in
which you obtain the data, and shall back up data and
information from time to time. You shall bear all risks for damage and loss of
such information.
3.6 You shall properly keep your account number and
password. In case of any safety loophole for your account(including
but not limited to divulgence of user password), you shall notify LSC in time,
and LSC will assist you in taking relevant measures. Otherwise, all behaviors related to your account shall be assumed by you
and you will bear all responsibilities.**
IV. A Third Party
4.1 You acknowledge that certain service of LSC is
based on software or services provided by a third party. Such service is set to
facilitate your application and necessary legal authorization is obtained from
the third party.
4.2 The product includes certain information and
services of the third party. LSC neither controls nor bears responsibility for
information and services of the third party.
4.3 You acknowledge that LSC cannot guarantee that the
licensed software always uses or contains such services, or that other software
provided by the same third party will be used in future. Likewise, it may use
similar services supplied by another third party. Upon application, the
aforesaid corresponding software or services are subject to this Agreement.**
V. Service Application Standard
5.1 You shall use the licensed software in a normal
manner. The following ways are in breach of the application standard:
1) Issue or share computer virus, worms, malicious
codes, or software that deliberately damages or changes computer system or
data;
2) Collect information or data of other users without
authorization, for example, email address and the like;
3) Maliciously use the product in an automatic way,
causing over load to the server, or interfere with or damage web server and
network links in other forms.
4) Attempt to visit server data or communication data
of the product without authorization;
5) Interfere with or damage the production application
by other users.
5.2 You understand and agree that:
1) LSC will determine whether or not you are involved
in violation of standards above, and suspend or
terminate your application license according to determination results or take
other restrictions according to agreements.
2) LSC will directly delete information in breach of
laws, or infringing others' legal rights, or in breach of the Agreement issued
by you when using the licensed software.
3) If a third party suffers from damage due to your
breach of application standards, you shall independently bear legal
responsibility in your name, and protect and indemnify LSC from losses or
additional expenses generated therefrom. Otherwise, LSC has the right to claim
compensation.
4) If LSC suffers from any loss due to your breach of
relevant laws or the Agreement, you shall compensate LSC for losses and (or)
expenses generated therefrom.
VI. Information Content Standard
6.1 You promise that you will not conduct any act in
breach of laws or improper behaviors by using the
service, such act and behavior include (but not
limited to):
6.1.1 Uploading, transferring or sharing information
containing one of the following contents:
1) Opposing the basic principles determined in the
Constitution;
2) Endangering state safety, disclosing state secret,
subverting state power and sabotaging state unity;
3) Damaging state honor and
benefit;
4) Inciting national hatred and discrimination and
sabotaging national unity;
5) Destroying religious policy of the state and
advocating heresy and feudalistic superstition;
6) Spreading rumors,
disturbing social order and destroying social stability;
7) Spreading obscenity, porn, gambling
, violence , murder and terror or abetting a crime;
8) Insulting or slandering others and infringing on
the legal rights and interests of others;
9) Containing contents of sham, defraudation,
harm, threat, infringement to others' privacy, harassment, infringement,
slander, coarseness, indecency, or morally repulsive contents;
10) Containing other contents restricted or forbidden
by applicable laws, regulations, rules, provisions and other legal standards.
VII. Private Policy and Data
7.1 It is crucial for LSC to protect your personal
information. LSC prepares Privacy Policy of LSC Smart Platform, in which
contents related to ownership and protection of intellectual property,
collection, use, share, storage and protection, etc. of your information are
disclosed. You are suggested to thoroughly read Privacy Policy of LSC Smart
Platform.
VIII. Exception Clauses
8.1 Unless otherwise specified in laws and
regulations, LSC will do its best to ensure the security, validity, accuracy
and reliability of the licensed software and technologies and information
involved, but LSC is unable to guarantee the same due to restriction by
available technologies nowadays.
8.2 You understand that LSC will not assume responsibility for direct or
indirect losses caused by force majeure and default of a third party.
8.3 You shall be responsible for personnel injury or incidental or indirectly
injury caused by or related to one of the following accidents: 1) A third party
uses the licensed software or changes your data without permission; 2) Expenses
and losses produced by using the licensed software; 3) Your misunderstanding of
the licensed software; 4) Other losses related to licensed software caused by
reasons not attributable to LSC.
8.4 Any other licensed software-derived software not developed and released by LSC
or the development and release are not granted by LSC is illegal software.
Downloading, installing and using such software may cause unpredictable risks. LSC
shall be free from legal responsibilities and disputes generated therein and LSC
shall have the right to suspend or terminate application license and/or other
all services.
8.5 You have been informed of that the usage of LSC Smart Platform involves in
Internet service, which may be affected by unstable factors in all links.
Although LSC has taken safeguard measures, the service may be suspended,
terminated, delayed, suffered from application restriction or application
failure due to inherent defects of Internet and e-communication as well as
factors beyond reasonable control of any party to the Agreement (including but
not limited to fire, flood, terrorist attack, pestilence, natural disasters,
riot, terminal virus, hacker attack, network fault and terminal fault). You
hereby agree to bear foregoing risks and agree that LSC is free from any
responsibility when normal running of services are
influenced by the occurrence of foregoing risks.
IX. Agreement Termination and Breach of Agreement
9.1 You should understand that you shall use the
licensed software according to authorization scope, respect intellectual
property of software and contents contained in the software,
and perform obligations according to the Agreement when using LSC
services. LSC will terminate the application license if you are in material
breach of the Agreement.
9.2 Your application of the software relies on
supporting services supplied by LSC related companies. Breach of terms,
agreements, rules, annunciation and other relevant regulations of LSC and its
related companies may cause failure in normal usage of licensed software, in
which case, LSC shall be entitled to terminate the application license, or take
measures to restrain your application license or other rights and interests
controlled by LSC as agreed in the Agreement, including suspension or
termination of your application license.
9.3 In case of your breach of the Agreement or other
agreements signed with LSC, LSC shall have the right to notify the related
companies, requiring them to take restrictive measures to your rights and
interests, including requiring related companies to suspend or terminate
supplying part or whole services for you, and legally announce your breach of
agreement on websites run or actually controlled by them.
9.4 The licensed software is downloaded from the
downloading platform and you shall abide by stipulations of the download
platform, system platform and terminal manufacture on application ways and
restrictions of the licensed software. If the above mentioned third party
confirms that you are in breach of the agreement and LSC treatment is required,
LSC may terminate your application license at the third party's request.
9.5 When the application license terminates, you shall
stop using the licensed software and destroy all copies.
9.6 You must bear all compensation responsibilities if
LSC and other users suffer from losses caused by your breach of terms in the
Agreement.
X. Governing Laws and Severability
10.1 Effectiveness, explanation, change, execution and
dispute settlement of the Agreement are subject to laws of the People's
Republic of China. If no relevant laws and regulations are available, reference
to general international business practices and (or) industrial practices shall
be made.
10.2 Dispute arising from or in connection with the
Agreement may be settled by you and LSC through friendly negotiation or
submitted to People's Court of Hangzhou Xihu District
where the Agreement is signed for adjudication.
10.3 When any term of the Agreement is judged to be
invalid by the People's Court, it will not influence the effectiveness of other
terms or any part thereof, and you and LSC shall perform the valid terms in
good faith.
10.4 The Agreement is signed in Xihu
District, Hangzhou City, Zhejiang Province.