Software License and Service Agreement
Software License and Service Agreement
This User Agreement is signed by you and HANGZHOU LIFESMART TECHNOLOGY CO., LTD. (hereinafter referred to as "LifeSmart").
Before using Cololight software (hereinafter referred to as licensed software), please read this Agreement carefully. Once you download and install the software license, you are agreeing to be bound by all the terms of this agreement and conditions. If you do not agree to these terms and conditions, do not use the Cololight App, and please destroy all copies of the software license.
LifeSmart reserves the right to amend this Agreement, and on LifeSmart official website (cololight.com) on publicity to notify you, without a separate notice to you. The revised agreement takes effect at the time of announcement. After modifying the terms of the agreement, you continue to use the licensed software, the agreement is deemed that you have read and accepted the change.
1) Licensed software: refers to the software system developed by LifeSmart, which provides the connection and control of Cololight smart lighting devices, and is suitable for installation and use on Android and iOS mobile terminals.
2) Cololight Products and Services: Service by LifeSmart You can use Cololight product and services by licensing software in the Android and iOS mobile terminal.
- Scope of authority
1) You can only use the licensed software on Android and iOS mobile terminals. Without the prior written consent of LifeSmart, you may not install the licensed software on other terminal equipment, such devices include, but are not limited to desktop computers, laptop computers, Android and iOS mobile terminal outside of handheld mobile terminals, TV sets and set-top boxes.
2) You may install and use licensed software on a mobile terminal for non-commercial purposes, but you may not install, use, or operate licensed software for commercial purposes, nor copy, change, modify, link, or create any derivative data from the server in any mobile software operation, including, but not limited to using plug-in, or unauthorized third-party tool / service access licensed software or related systems.
3) LifeSmart may at any time decide to license the software and its related functions to change, upgrade, modify or transfer, and to develop new features or other services within licensed software systems. Unless accompanied by a separate agreement, otherwise all of the above new features, and provided software services still apply to this Agreement.
4) You need to log in to the licensed software with the account number and password that you have downloaded and registered successfully., LifeSmart based only on your account number and password to confirm the identity of the use of licensed software. You should also keep your account number and password, and take responsibility for its own use or loss. If your account number and password caused to the presence of unauthorized use, or any other security problems occur, you should immediately notify LifeSmart arising consequences due to the above scenario and LifeSmart does not bear any responsibility.
5) After the licensed software is downloaded by you from the download platform, you should abide by the agreement on the way and restrictions on using the licensed software. Once the download platform company confirms that you violate the agreement, LifeSmart has the right to terminate your license.
6) Based on this agreement, LifeSmart, rather than selling the licensed software to you, you can only use the licensed software in accordance with this Agreement. LifeSmart reserves all the rights not explicitly granted.
- Use specification
1) You may not use the licensed software in the following ways:
- Engage in illegal laws, regulations and policies, undermine public order and morals, conduct damage to the public interest.
- Rent, lend, copy, modify, link, reprint, compile, publish, publish and establish mirror sites for the relevant information of the licensed software without permission, and develop the related derivative products, works, services, plug-ins, compatibility and interconnection with the help of the licensing software.
- Log in to or use licensed software through third-party compatible software and systems not developed, not authorized or not approved by LifeSmart and its affiliated companies, or use plug-ins undeveloped, unauthorized or uncertified by LifeSmart and its affiliated companies to log in to or use the licensed software.
- Delete the information and content about copyright on the licensed software and other copies. Modify, delete or avoid any technical measures set up by LifeSmart to protect the intellectual property rights.
- Without the written consent of LifeSmart lease, lend or relicense the licensed software to a third party, or after using the upgraded version of the licensed software, the licensed version will be used or transferred separately.
- Copy, disassemble, modify the Licensed Software or any part thereof or create derivative works.
- Conduct any behavior that endangers the network security of the information network, including damaging or destroying the licensed software in any way or it from running or overloading or interfering with the use of the licensed software by third parties; use unauthorized access to another person's computer system and delete, modify, and increase stored information; intentionally spreading malicious programs or viruses and other behaviors that disrupt and interfere with normal network information services.
- Use the licensed software to publish, transmit, disseminate and store the contents that infringe on others 'legal rights of intellectual property rights and trade secrets, or engage in illegal and criminal activities such as fraud, misappropriation of other people's accounts and funds.
- Increase, delete, change the function or operation effect of the licensed software by modifying or forging the instructions, data and packets in the operation of the licensed software, and / or spread or operate the software with the above use to the public through the information network.
- Other use of the Licensed software in any illegal manner, for any illegal purpose, or in any manner inconsistent with this Agreement.
2) You understand and agree that:
- LifeSmart has the right to unilaterally identify whether you are suspected of violating the above use specifications, and to suspend, terminate your use license or take other restrictions in accordance with the agreement, without your consent and giving you advance notice.
- When you publish for alleged illegal use of licensed software or suspected violations of the legitimate rights of others or violate the agreement information, LifeSmart has the right to delete without notice.
- For your alleged breach of the norms for the use of any third-party damage, and you shall bear its own name independent of all legal responsibilities, and should therefore ensure LifeSmart against loss or increased costs.
- If you are suspected of violating the law or the provisions of this Agreement, making LifeSmart suffer any loss, or by any third-party claim, or punished in any administrative department, you should compensate the incurred losses for LifeSmart and (or) costs incurred, including reasonable attorneys' fees, costs of investigation and evidence collection.
- License fee
1) LifeSmart will be based on the development of market and technology, to provide you licensed software with a variety of value-added services. For licensed software and/or value-added services, LifeSmart has the right to collect license fees associated costs. Before charging, LifeSmart will notify you specific charges in appropriate way, including but not limited to making an announcement on the official website of LifeSmart (cololight.com). You have the option to accept or reject the charges. If you choose to decline, you should immediately stop using the licensed software and/or value-added services. If you continue to use the licensed software, you are deemed to agree to pay the associated costs.
2) You should pay LifeSmart a full licensing fee in an acceptable manner within the LifeSmart notification period. In the condition of late payment fee or insufficient licensing fees, LifeSmart has the right to terminate your software license, and you shall recover losses and / or damages.
3) You can use free trial licensed software before getting notice from LifeSmart, and should not consider LifeSmart abandons the right to charge and has the right to inform you to charge the corresponding fees at any time.
1) You agree that personal privacy information in this Agreement is those effectively identify your identity or information related to your personal communications, including your name, ID number, phone number, IP address, etc., but some status information and the use of licensed software habits reflected in LifeSmart server was not among them.
2) The licensed software does not contain any malicious code that destroys your mobile terminal data and obtains your privacy information, and does not monitor your use of the mobile terminal or leaks your personal privacy information.
3) For your personal privacy information provided and formed by using the licensed software, LifeSmart will keep it confidential. Unless otherwise agreed in this Agreement LifeSmart will not disclose your personal privacy information without notice.
4) For the following purposes, you authorize LifeSmart disclose your personal information:
- Compliance with laws and regulations, or to comply with legal process judiciary LifeSmart required;
- Protect and defend the legitimate rights and interests of LifeSmart and its affiliated companies;
- Protect LifeSmart and its affiliates or its users or the public's safety in case of emergency.
- Upon termination of this Agreement, LifeSmart has the right to retain your information, but LifeSmart has no obligation to provide you with any form of such information.
- No guarantee and Limitation of Liability
1)You expressly agree that you need to bear alone the entire risk of using licensed software.
2) Except as expressly provided in the laws and regulations, about providing the licensed software "as present" and "available" state, LifeSmart does not make any express or implied to licensed software including, but not limited to, the applicability of the software license, no errors or oversight, continuity, accuracy, reliability, fitness for a particular purpose. Meanwhile, LifeSmart does not make any commitments and guarantees to the validity, accuracy, correctness, reliability, quality, stability, integrity and timeliness of the information and technology involved.
3) LifeSmart shall not be liable to you or any other party for any kind of the interruption, technical failure, computer error or virus, information damage or loss of information or other reasons outside the reasonable control scope of LifeSmart.
4) Use of licensed software involves wireless network services, which will be affected by the unstable factors in each link, including but not limited to force majeure, hacking, system instability, your location, your mobile terminal closed state, illegal information content and any other network, technology, communication lines, information security management measures and other reasons unable to use normal licensed software. You agree to bear the above risks, LifeSmart does not assume any responsibility.
5) In any event shall it be liable to you for any personal injury or any incidental, special, indirect or consequential damages, including but not limited to loss of profit, loss of data, business interruption or any other business damage or loss, for whatever reason, regardless of whether LifeSmart knows that such losses may occur, LifeSmart does not assume any responsibility.:
- The use of or inability to use the Licensed Software;
- The use of licensed software or change your data from third parties without the approval;
- Loss and fees of using licensed software;
- You misunderstanding of the Licensed Software;
- Not due to any reasons LifeSmart caused or other damage associated with the licensed software.
- You agree that, as a result of LifeSmart miss, resulting in abnormal interruption of licensed software or other technical malfunctions, the maximum amount of compensation that may not exceed the relevant software available under this Agreement LifeSmart has actually received.
6) Any other software derived from licensed software that is not authorized to develop and officially released by LifeSmart is illegal. Downloading, installing, and using such software may cause unpredictability. All the resulting legal responsibilities and disputes have nothing to do with LifeSmart. LifeSmart has the right to suspend or terminate the use license and/or all other services.7) When you communicate with other users of the licensed software through the licensed software, any psychological, physical injury and economic loss caused or possibly caused by your misleading or deception shall be borne by the offending party in accordance with the law, it has nothing to do with LifeSmart
- Intellectual property
1) LifeSmart owns the copyright, business secrets and other related intellectual property rights of the licensed software, including various documents related to the licensed software.
2) Logo of licensed software are of LifeSmart and its affiliates' intellectual property and is under the protection of the relevant laws and regulations. Without the expressed authorization of LifeSmart, you may not copy, imitate, use or release the label, and shall not modify or delete applications embodied in any logo or identity LifeSmart and its related company.
3) Without the prior written consent of LifeSmart and its affiliates’, you may not use, transfer or permit any third party to implement, use, transfer these intellectual property rights for any profit or non-profit purposes on their own implementation,
4) Agreement termination and breach of contract
5) If you violate any of the terms of this Agreement, this Agreement shall automatically terminate, without notice to you.
6) If you violate the terms, agreements, rules and notices of the website of LifeSmart and affiliates and the services provided by any of the above websites are terminated, LifeSmart has the right to terminate this agreement.
7) Upon termination of this Agreement, you shall cease all use of the licensed software and destroy all copies of the licensed software.
8) If you violate any provision of this Agreement, causing losses to LifeSmart or other users, you must assume all liability. As LifeSmart assume these responsibilities, you agree to indemnify LifeSmart related expenses and losses, including reasonable attorneys' fees.
9) Governing Law and Severability
10) The validity, interpretation, modification, execution and dispute resolution of this agreement shall be governed by the laws of the People's Republic of China.
11) Any dispute arising from this agreement should be resolved through friendly negotiation with LifeSmart; if the final settlement cannot be resolved after negotiation, you should report to the jurisdiction in the court where LifeSmart is under the supervision
12) Any clause of this agreement is ruled as invalid by the people's court with jurisdiction, and should not affect the validity of other clauses or any part thereof. You and LifeSmart should still perform in good faith.
1) LifeSmart is entitled to the rights and obligations under this Agreement to a third party without your consent.
2) Prior to this agreement constitutes the entire agreement between the parties relating to the use of licensed software license and supersedes all understanding related to this.
3) Any amendments to this agreement shall be in writing, and obtain the unanimous consent of you and LifeSmart.
4) All titles in this Agreement are solely for eye-catching and easy to read, and there is no real meaning itself, cannot serve as a basis to explain the meaning of this agreement.