EZUC+
END USER LICENSE AGREEMENT AND PRIVACY POLICY
PLEASE READ THIS END USER LICENSE AGREEMENT ("EULA")
CAREFULLY. BY TAKING ANY STEP TO DOWNLOAD, SET-UP, INSTALL OR USE ALL OR ANY
PORTION OF THE "BLISSCLOUD EZUC+" PRODUCT (INCLUDING BUT NOT LIMITED
TO THE SOFTWARE, FILES AND DOCUMENTATION (“SOFTWARE”) OR USING BLISSCLOUD'S
SERVICES IN CONNECTION WITH THE SOFTWARE, INCLUDING BUT NOT LIMITED TO: (I)
ACCESS TO RESOURCES; AND (II) ACCESS TO PERSONALIZED CONTENTS THROUGH
BLISSCLOUD'S EZUC+ NETWORK AND/OR OTHER NETWORKS OPERATED BY BLISSCLOUD
("SERVICES"). YOU AND YOUR COMPANY (“LICENSEE”) ACCEPT AND AGREE TO
BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS EULA IF YOU ACQUIRE THIS
SOFTWARE FOR YOUR COMPANY’S USE, YOU REPRESENT THAT YOU ARE AN AUTHORIZED
REPRESENTATIVE WHO HAS THE AUTHORITY TO LEGALLY BIND YOUR COMPANY TO THIS EULA.
IF LICENSEE DOES NOT AGREE TO THIS EULA, LICENSEE MAY NOT USE THIS SOFTWARE AND
MUST IMMEDIATELY REMOVE THE SOFTWARE FROM THE LICENSEE'S MOBILE DEVICE, MOBILE
COMMUNICATION TERMINAL OR COMPUTER.
UPDATES TO THIS EULA
This EULA may be updated from time to time. Once this EULA is
updated or amended, BlissCloud will release the
updated terms of the EULA in the Software or on BlissCloud’s
web page at http://www.blisscloud.com. Once the updated terms of the EULA are
released, the updated terms will effectively substitute the original terms of
the EULA. The Licensee may login the Software or website to review the latest
version of the terms of this EULA at any time.
1.OWNERSHIP OF THIS
SOFTWARE
This Software was developed and is owned by BlissCloud.
All the ownership of intellectual property rights in this Software (including
but not limited to any code, image, data, text and add-in programs contained in
this Software and in any and all future updates, modifications, revisions
and/or derivative works of the Software), and attached supporting documentation
belong to BlissCloud and may not be used, reproduced,
altered, distributed, exploit or otherwise dealt with by the Licensee without
written authorization from BlissCloud, unless said
usage, reproduction, alteration, distribution exploitation and dealing are
expressly provided for in this EULA. The Software is protected by law,
including without limitation the Copyright Ordinance (Cap. 528) of the Hong
Kong Special Administrative Region ("HKSAR"), International Copyright
Treaties and other intellectual property laws and treaties.
2.SOFTWARE LICENSE
2.1 Subject to the terms of this EULA, BlissCloud
grants to Licensee a personal,non-exclusive,
non-transferable, limited license to install and use one (1) copy of the
Software on one (1) mobile communication terminal, internally for the personal,
non-commercial purposes described in the documentation of the Software. Use of
some third party materials included in the Software may be subject to other terms
and conditions typically found in a separate license agreement or “Read Me”
file located near such materials. Except as expressly stated herein, this EULA
does not grant Licensee any intellectual property rights in the Software and
all rights not expressly granted are reserved by BlissCloud.
2.2 This EULA is valid for an indefinite period until
termination pursuant to this EULA.
3.SOFTWARE ACCOUNT
3.1 The Licensee may use the Software and enjoy various Services
provided by BlissCloud and/or its Affiliates by
registering a EZUC+ account (“EZUC+ account”). The EZUC+ account is the
property of BlissCloud. After completing the
registration application for a EZUC+ account, the Licensee then has the right
to use the account. The EZUC+ account can only be used by the initial
registrant and is prohibited as gift, loan, lease, transfer or sale. BlissCloud reserves the right to reclaim the EZUC+ account
for the purpose of business development.
3.2 The Licensee has the right to change, delete the Licensee’s
personal data, registration information and content submitted to the EZUC+
account. The Licensee hereby acknowledges that deleted data will not be
recovered and the Licensee should bear the risk associated with such action.
3.3 The Licensee shall be responsible for the safekeeping of the
EZUC+ account and the password, and be fully and legally responsible for all
activities performed through the use of the EZUC+ account and the password. The
Licensee should not use accounts and passwords of other Licensee under any circumstances.
If the Licensee suspects his or her account is being used by others without
permission, the Licensee hereby agrees to immediately notify BlissCloud.
3.4 The Licensee should comply with the terms of this Agreement,
the correct and appropriate use of the Services. If the Licensee violates any
provision of this Agreement, BlissCloud reserves the
right to terminate the EZUC+ service to the Licensee based on this Agreement.
Meanwhile, BlissCloud also reserves the right to
reclaim the Licensee’s EZUC+ account.
3.5 For those Licensee who has not logged in to his/her EZUC+
account for a long time, BlissCloud reserves the
right to reclaim his/her EZUC+ account in order to avoid waste of resources.
The Licensee shall bear the responsibility for the issues caused.
RESTRICTIONS
1. Without the prior written consent of BlissCloud,
the Licensee may not:
(i) reproduce the Software in whole or
in part;
(ii) sell, assign, sub-license, disclose, or otherwise transfer
or make available the Software in whole or in part to any third party;
(iii) use the Software to provide services to third parties;
(iv) implement, use, sell, distribute, transfer or permit any
third party to implement, use, sell, distribute or transfer the Software and
all the intellectual property rights thereof for the purpose of profit making;
(v) copy, alter, amend, run by mount or create any derivative
works based on the Software or any part or component thereof, data released to
any mobile communication terminal’s internal memory by the Software and
interactive data between client terminal and server’s terminal during the
Software’s operation for the avoidance of doubt, the forms of such restricted
acts include, but not limited to, the creation of plug-ins, add-on programs,
outside hanging or any unauthorized third party’s tool/service accessing the
Software and correlative systems);
(vi) remove, delete or alter any proprietary notices or marks
(including without limitation the copyright statements) on the Software;
(vii) reengineer, de-compile, disassemble, alter, translate or
reverse engineer the Software or any part or component there to applicable laws
which permit such activities notwithstanding this contractual prohibition;
(viii) amend or destroy the original state of the Software;
(ix) use the Software to take any actions to threaten the
security of the network, including but not limited to using data or entering
server/account without permission; entering public networks or others’
operating systems and deleting, amending or adding the stored information
without permission; attempting without permission to detect, scan or test the
weakness of the Software system or the network or attempting without permission
to conduct any other activities to damage the network security system;
attempting without permission to intervene with or affect the normal operation
of the Software or the website; intentionally spreading malicious programs or
viruses, and taking other actions to damage or intervene with the normal
information service of the network; forging part or all of the titles of TCP/IP
packets;
(x) log in or use the Software and Services of BlissCloud by means of a third party’s compatible software
or system not developed, authorized or approved by BlissCloud;
as to the Software and Services of BlissCloud, the
Licensee uses the plug-ins and outside hanging not developed, authorized or
approved by BlissCloud;
(xi) use the Software without the prior written consent of BlissCloud to use, lease, lend, copy, revise, link to,
cite, compile, issue or publish the information related to the Software, or to
build mirror websites of said information or to develop related derivative
products, works, services, plug-ins, outside hanging, compatibility or
interconnection without authorization;
(xii) use the Software to publish, deliver, transmit or store
any content that contravenes the laws of any country, or threatens the national
security, social stability, public order and morals of any country, or to
publish, deliver, transmit or store any content that is inappropriate,
insulting, defamatory, obscene, violent and against the laws, regulations and
policies of any country;
(xiii) use the Software to publish, deliver, transmit or store
content that infringes other's intellectual property rights, trade secrets or other
legal rights;
(xiv) use the Software, to issue, deliver or transmit bulk
advertisements, unsolicited communications, spam and junk information;
(xv) use the Software to deliver, transmit or otherwise
accomplish the transmission of the files including pictures, photos, software
or other materials, which are under the protection of intellectual property
laws, such as (but not limited to), copyright or trademark laws (or right of
privacy or right to publicize), unless the Licensee owns or controls the related
rights or have obtained the necessary authorization;
(xvi) use the Software to use any material or information that
contains pictures or photos which have been acquired by infringing existing
trademark, copyright, patent, trade secrets or other exclusive rights of other
third parties;
(xvii) use the Software to amend or forge the instruction, data
and data packet in the running of software works, add, delete, decrease or
change the functions or running effects of software, spread the Software for
the foresaid purposes to the public through information network, or operate
them;
(xviii) use the Software to apply the Software and Services
offered by BlissCloud to the running of equipment
putting humans and their belongings in danger. The Licensee understands that
the Software and Services offered by BlissCloud are
not designed for the above purposes and to the maximum extent as permitted by
applicable law, BlissCloud will not bear any
liability or be responsible for the personal injury or death, grave losses of
belongings and destruction of environment due to the above unsuccessful
operations arising from the Software and Services;
(xix) sell, lease, lend, spread, transfer or sub-license the
Software and/or Services or gain profits from using the Software and/or
Services regardless of whether the above acts were committed for the purpose of
achieving direct economic or money earnings;
(xx) use the Software and other Services offered by BlissCloud in any other illegal manner, for any illegal
purpose or in any form inconsistent with this EULA.
4.TERMINATION OF LICENSE
4.1 Notwithstanding anything contrary to this EULA and to the
maximum extent as permitted by law, BlissCloud shall
have the right to terminate this EULA on thirty (30) days written notice to the
Licensee without giving reasons for such termination and without incurring
penalties of any nature whatsoever.
4.2 If the Licensee breaches any of the stipulations in this
EULA, in above, BlissCloud may, at its sole and
absolute discretion, immediately terminate, suspend in part or in whole, or
restrict the Licensee’s right to use of the Software without notice.
5.SOFTWARE UPDATES AND
SERVICE
5.1 If Licensee is receiving an update or an upgrade to, or a
new version of the Software, ("Update") Licensee must possess a valid
license to such previous version of the Software in order to use the Update.
All Updates are provided to Licensee on a license exchange basis. Licensee
agrees that by using an Update, Licensee voluntarily terminates Licensee’s
right to use any previous version of the Software. Alternatively, Licensee may
choose to continue using previous versions of the Software. BlissCloud
has no obligation to provide support, maintenance, Updates, or modifications
under this EULA.
5.2 The Software activates automatically the function of
“upgrade reminder”. Depending on the version of the Software, the Licensee may
have an option to activate this function. After issuing Updates or new versions
of the Software, BlissCloud will not guarantee the
continuous availability of the previous version(s) of the Software.
5.3 BlissCloud reserves the right to
unilaterally change or restrict part of the functional effects of the Software
for the purpose of business development, and BlissCloud
assumes no liability whatsoever in respect of any damages suffered by the
Licensee as a result of such change or restriction.
5.4 BlissCloud reserves the right to
amend or suspend its Service for the Software at any time and without prior
notice to the Licensee. BlissCloud shall not be
responsible to the Licensee or any third party for BlissCloud’s
exercise of its right to amend or suspend the Service.
6.NO WARRANTY
To the maximum extent permitted by applicable law, the Software
is offered on an “as-is” basis and no warranty, either express or implied, is
given. BlissCloud expressly disclaim all warranties
of any kind, whether express or implied, including, but not limited to implied
warranties of merchantability, fitness for a particular purpose and non-infringement.
7.EXCLUSION OF
INCIDENTAL, CONSEQUENTIAL, AND OTHER DAMAGES
7.1 To the maximum extent permitted by applicable law, in no
event shall BlissCloud, its Affiliates (as defined
below), employees, officers or agents be liable for any special, incidental,
punitive, indirect, or consequential damages whatsoever (including but not
limited to, damages for loss of profits or confidential or other information,
for business interruption, for personal injury, for loss of privacy, for
failure to meet any duty including of good faith or reasonable care, for
negligence, and for any other pecuniary or other loss whatsoever) arising out
of or in any way related to the use of or inability to use the Software or any
part or component thereof, or otherwise under or in connection with any
provision of the EULA, even in the event of the fault, tort, strict liability,
breach of contract, or breach of warranty of BlissCloud,
and even if BlissCloud or its Affiliates, employees,
officers or agents has been advised of the possibility of such damages. For the
avoidance of doubt, in no event shall BlissCloud or
its Affiliates, employees, officers or agents be responsible or liable for any
use of the Software by Licensee for the distribution of contents relating to
obscenity, gambling, defamation, threats and information which inflicts hatred
or dissension on individuals and/or certain groups of community based on ethnic
group, religion, race, and group-based interest.
7.2 In this EULA, "Affiliates" shall mean any other
person or entity which directly or indirectly Controls, is Controlled by, or is
under direct or indirect common Control with BlissCloud
from time to time. "Control" shall mean: (a) the ownership or control
(whether directly or indirectly) of more than thirty percent (30%) of the
voting share capital of the relevant undertaking; or (b) the ability to direct
the casting of more than thirty percent (30%) of the votes exercisable at
general meetings of the relevant undertaking on all, or substantially all,
matters; or (c) the right to appoint or remove directors of the relevant
undertaking holding a majority of the voting rights at meeting of the board on
all, or substantially all, matters and "Controls" and
"Controlled" shall be construed accordingly.
7.3. As with all mobile communication terminal software, the
Software, as it is being used by the Licensee, could become susceptible to
harassments in respect of security and use. Licensee hereby agrees and
acknowledges that BlissCloud or its Affiliates,
employees, officers or agents will not bear any liability for such harassments,
including but not limited to:
(i) other software downloaded and
installed by the Licensee containing viruses, such as Trojan Horse, which
threaten the security of the personal information and data and as a result,
adversely affect the normal use of the Software;
(ii) the mobile communication terminal is infected by a virus or
is damaged as a result of the browsing or visiting by Licensee of malicious web
pages; or
(iii) the Licensee fails to normally download files due to the
reasons of the supplier of the files to be downloaded, the network, the
software and hardware used by the Licensee, and other reasons.
7.4 BlissCloud and/or its Affiliates,
employees, officers or agents shall bear no liability for the Licensee's all
possible losses caused by a third party's communication line error, technical
problem, network or mobile communication terminal failure, system instability,
and other force majeure events.
7.5 All software derived from the Software that are not
developed and formally released by BlissCloud or not
authorized by BlissCloud are illegal. The download,
installation or use of said illegal software may bring about unpredictable
risks to the Licensee. BlissCloud shall not be
responsible for any legal liability and dispute arising from said download,
installation or use.
8. LICENSEE'S WARRANTIES
8.1 Except as expressly set out in this EULA or as permitted by
any applicable mandatorylaw, Licensee warrants,
represents and undertakes that it shall:
(i) bear the risks for the use of this
Software and possess the rights and conditionsrequired;
(ii) for the running of this Software;, and the Licensee must
ensure that it has the right to use the Symbian,
Java, s60v3, s60v5 and Android series operating systems;
(iii) use the Software in accordance with the provisions of this
EULA and all applicable laws.
9.PERSONAL INFORMATION
9.1 The Licensee agrees and acknowledges that personal
information means such information that can directly or indirectly identify the
Licensee, including the following: the Licensee’s name, ID card no., mobile
number, IP address, e-mail and certain information regarding the Licensee's
use, internet browsing and surfing habits. The non-privacy information means
the basic recorded information explicitly and objectively reflected at BlissCloud server’s terminal, such as the Licensee’s
operating state to the Software.
9.2 BlissCloud respects the privacy of
the Licensee’s personal information and BlissCloud
will take reasonable measures to protect the Licensee’s personal information.
Unless with the Licensee's consent, save for the purpose(s) of complying with
laws, requests by courts or government departments, or purposes as listed in
Clause 9.3 for which Licensee has given consent, BlissCloud
will not make the Licensee’s personal information public or disclose them to a
third party. The Licensee hereby agrees and acknowledges that usage of the
Software to visit websites could result in the collection of the Licensee's
personal information by the websites, and that BlissCloud
its Affiliates, employees, officers or agents shall not be responsible or
liable for the data privacy practices of those websites, including without
limitation the collection, handling, use, processing and retention of the
Licensee's personal information. The Licensee further agrees and acknowledges
that, in order to operate and improve the technologies and quality of Services
of BlissCloud, BlissCloud
might have to collect and use the Licensee’s non-personal information and/or
provide third parties with such information.
9.3 The Licensee hereby agrees, consents and acknowledges that BlissCloud may collect, use, handle, process and/or the
transfer the Licensee's personal information for the following purposes:
(i) to carry out the Software
verification service;
(ii) to carry out the Software upgrade service;
(iii) to improve the security of the Licensee's use of the
Software and provide customer support;
(iv) to carry out commercial activities including, but not limited
to, value-added services offered to a third party, advertising, advertising
positioning, marketing, joint registration of other services, sales promotion
or any other activity;
(v) To implement the Privacy Protection Statement of BlissCloud as annexed in Schedule 1 hereto (for the
avoidance of doubt, the Licensee hereby agrees and consents to the terms of
said Privacy Protection Statement);
9.4 In the event the Licensee uses specific functions of BlissCloud’s Software, or when the Licensee requests BlissCloud or its partners to offer particular services, BlissCloud or its partners may have to provide the
Licensee's personal information to the relevant third parties.
9.5 To the maximum extent as permitted by applicable law, BlissCloud has the right to release advertisements and/or
information for propaganda during or through Services and such advertisements
and/or information may appear in the form of system message or popup window,
etc.
10.CONSENT TO THE USE OF
MOBILE COMMUNICATION TERMINAL RESOURCES.
10.1 The Software requires all Licensees to use the Software
jointly and to maintain the benefit and functionality provided by the Software.
The Licensee hereby acknowledges, consents and agrees that the Software may
make use of the Licensee's resources, such as the processor of the Licensee's
mobile communication terminal and the bandwidth, for the limited purpose of
allowing other Licensees of the Software to communicate with the Licensee and
share the Software and the ServicesServices. Where
applicable, the costs of such use by the Software of the Licensee's resources
(including without limitation costs of service providers) shall be solely borne
by the Licensee. The Licensee hereby agrees and acknowledges that the
Licensee's enjoyment and/or experience in using the Software for communicating
with other Licensees could be affected depending on the actions of other
Licensees beyond the control of BlissCloud and for
which BlissCloud, its Affiliates, employees, officers
or agents shall not be responsible in any way.
10.2 The Licensee acknowledges that BlissCloud
will use its commercially reasonable effort to protect the Licensee's mobile
communication terminal resources and the privacy and completeness of the
Licensee's communications via the mobile communication terminal. However, the
Licensee acknowledges and agrees that BlissCloud will
not provide any warranty therefor.
11. LIMITATION OF
LIABILITY
11.1 Notwithstanding any damages that Licensee might incur for
any reason whatsoever and to the maximum extent permitted by applicable law,
the entire liability of BlissCloud and any of its
suppliers under any provision of this EULA and licensee’s exclusive remedy for
all of the foregoing shall be limited.
12. INDEMNIFICATION
12.1 By accepting the EULA, Licensee agrees to indemnify and
otherwise hold harmless BlissCloud, its officers,
employee, agents, subsidiaries, Affiliates, and other partners from any direct,
indirect, incidental, special, consequential or exemplary damages arising out
of, relating to, or resulting from Licensee’s use of the Software or any other
matter relating to the Software or this EULA.
12.2 For the avoidance of doubt, if the Licensee's breach of
this EULA (including but not limited to the acts stipulated in Clause 34.1
above) or relevant terms of Service brings about any third party's claims,
demands or losses to BlissCloud, including attorney's
fee, the Licensee hereby agrees to indemnify and hold BlissCloud
harmless from all losses caused by said claims, demands or losses.
13.INTELLECTUAL PROPERTY
13.1 The Software is protected by copyright laws and
international copyright treaties, as well as other intellectual property laws
and treaties. Licensee hereby acknowledges that all intellectual property
rights in the Software (including but not limited to any images, text, audio,
video, and "applets" incorporated into the Software) throughout the
world belong to BlissCloud, that rights in the
Software are licensed to Licensee,
and that Licensee has no rights in, or to, the Software other than the right to
use it in accordance with the terms of this EULA. Licensee acknowledges and
agrees that Licensee has no right to access the Software in source code form.
13.2 The Licensee further agrees and acknowledges that all the
contents in any advertisements and commercial information provided by BlissCloud for the Licensee via the Software are protected
by copyright laws and international copyright treaties, as well as other
intellectual property laws and treaties. The Licensee may only use content from
said advertisements or commercial information with the written consent of BlissCloud, and shall not copy, amend or compile said
advertisements or commercial, or create derivative products based on the same
without BlissCloud's authorization.
13.3 BlissCloud, EZUC+ and other BlissCloud names and logos are the trademarks of BlissCloud, use of which for any purposes by the Licensee
without the written consent from BlissCloud is
strictly prohibited. BlissCloud reserves all rights
to claim remedies against the Licensee, including without limitation damages
and injunctive relief, in respect of any unauthorized use of BlissCloud's intellectual property.
14.ENTIRE AGREEMENT
The EULA constitutes the entire agreement between BlissCloud and Licensee and governs Licensee’s use of the
Software, superceding any prior agreement between
Licensee and BlissCloud relating to the subject
matter hereof. If any provision of this EULA is held by a court of competent
jurisdiction to be contrary to law, such provision will be changed and
interpreted so as to best accomplish the objectives of the original provision
to the fullest extent allowed by law and the remaining provisions of the EULA
will remain in force and effect.
15.ASSIGNMENT
Licensee may not assign this EULA, and any attempted assignment
will be null and void.
16.GOVERNING LAW
This EULA will be governed by and construed in accordance with
the laws of PRC without regard to conflict of laws principles.
17.DISPUTE RESOLUTION
17.1 Any dispute or controversy under this EULA shall firstly be
resolved through amicable negotiation. If no agreement is reached through such
negotiations, the parties hereby agree to refer the dispute or controversy to
arbitration.
17.2 The tribunal for any arbitration shall consist of three
arbitrators with each party appointing one arbitrator and the two arbitrators
thus appointed shall choose the third arbitrator who will act as the presiding
arbitrator of the Tribunal.
17.3 The language to be used in the arbitral proceedings shall
be Chinese.
17.4 The applicable law shall be the laws of PRC.
18.LANGUAGE
This EULA is written in English, although it may be translated
into another language at sole discretion of BlissCloud
or by the requirement of law, the English version shall prevail.
19.ENQUIRIES
If the Licensee has any questions or comments as regards this
Software, please inquire with the Customer Service Center of BlissCloud.