Service Agreement of Fan Europe Lighting Lighting s.r.l a socio unico
Welcome to Fan Europe Lighting s.r.l. a socio unico
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 Fan Europe Lighting s.r.l.
a socio unico. 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, Fan Europe Lighting s.r.l. a socio unico 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 Fan Europe Lighting s.r.l. a socio unico It includes (but not limited to) Fan Europe Lighting s.r.l. a socio unico Privacy Policy and other contents. In case of change, Fan Europe Lighting s.r.l. a socio unico will announce by means of the licensed software sending
a message 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 Fan Europe Lighting
s.r.l. a socio unico 's 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 Fan Europe Lighting s.r.l. a socio unico, downloaded and installed and applied in specified
system mobile terminals.
1.2 Services refer to services provided for you by Fan Europe Lighting s.r.l. a socio unico and its suppliers. You can use such services on the
mobile terminal with the licensed software.
II. Service
2.1 Fan Europe Lighting
s.r.l. a socio unico offers you intelligent
life equipment management services, based on which you can access the
intelligent terminals on Fan Europe Lighting
s.r.l. a socio unico and its suppliers' smart platform through the Fan Europe
Lighting s.r.l. a socio unico 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 Please enter the company name 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 Fan Europe Lighting s.r.l. a socio unico shall be obtained.
3.4 Fan Europe Lighting
s.r.l. a socio unico and its suppliers 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 Fan Europe Lighting s.r.l. a socio unico in time, and Fan Europe Lighting s.r.l. a socio unico 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 Fan Europe Lighting s.r.l. a socio unico and its suppliers 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. Fan Europe Lighting
s.r.l. a socio unico and its suppliers
neither controls nor bears responsibility for information and services of the
third party.
4.3 You acknowledge that Fan Europe Lighting s.r.l. a socio unico and its suppliers 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) Fan Europe Lighting
s.r.l. a socio unico 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) Fan Europe Lighting
s.r.l. a socio unico 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 Fan Europe Lighting s.r.l. a socio unico from losses or additional expenses generated therefrom.
Otherwise, Fan Europe Lighting s.r.l. a
socio unico has the right to claim
compensation.
4) If Fan Europe
Lighting s.r.l. a socio unico and its
suppliers suffers from any loss due to your breach of relevant laws or the
Agreement, you shall compensate Fan Europe
Lighting s.r.l. a socio unico and its
suppliers 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 Fan Europe Lighting s.r.l. a socio unico to protect your personal information. Fan Europe Lighting s.r.l. a socio unico prepares Fan Europe Lighting
s.r.l. a socio unico Privacy Policy, 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 Fan Europe Lighting s.r.l. a
socio unico Privacy Policy.
VIII. Exception Clauses
8.1 Unless otherwise specified in laws and regulations, Fan Europe Lighting s.r.l. a socio unico will do its best to ensure the security, validity,
accuracy and reliability of the licensed software and technologies and
information involved, but Fan Europe
Lighting s.r.l. a socio unico is unable to guarantee the same due to restriction by available
technologies nowadays.
8.2 You understand that Fan Europe
Lighting s.r.l. a socio unico 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 Fan Europe
Lighting s.r.l. a socio unico.
8.4 Any other licensed software-derived software not developed and released by Fan Europe Lighting s.r.l. a socio unico or the development and release are not granted by Fan Europe Lighting s.r.l. a socio unico is illegal software. Downloading, installing and using
such software may cause unpredictable risks. Fan Europe Lighting s.r.l. a socio unico shall be free from legal responsibilities and disputes
generated therein and Fan Europe Lighting
s.r.l. a socio unico 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 Fan Europe Lighting s.r.l. a socio unico and its supplier's smart platform involves in Internet
service, which may be affected by unstable factors in all links. Although Fan Europe Lighting s.r.l. a socio unico 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 Fan Europe Lighting s.r.l. a socio unico 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 Fan Europe
Lighting s.r.l. a socio unico 's services. Fan Europe Lighting s.r.l. a socio unico 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 Fan Europe Lighting
s.r.l. a socio unico 's related companies. Breach of terms, agreements, rules,
annunciation and other relevant regulations of Fan Europe Lighting s.r.l. a socio unico and its related
companies may cause failure in normal usage of licensed software, in which
case, Fan Europe Lighting s.r.l. a socio unico shall be entitled to
terminate the application license, or take measures to restrain your
application license or other rights and interests controlled by Fan Europe Lighting s.r.l. a socio unico 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 Fan Europe Lighting
s.r.l. a socio unico, Fan Europe Lighting s.r.l. a socio unico and its suppliers 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 Fan Europe
Lighting s.r.l. a socio unico and its
supplier's treatment is required, Fan Europe Lighting s.r.l. a socio unico 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 Fan Europe Lighting s.r.l. a socio unico 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 Fan Europe Lighting s.r.l. a socio unico through friendly
negotiation or submitted to People's Court of via Nuova Poggioreale 45/a 80143 Napoli 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 Fan Europe Lighting s.r.l. a socio unico shall perform the valid
terms in good faith.
10.4 The Agreement is signed in via Nuova Poggioreale 45/a 80143 Napoli.