Libos Software License and Service Agreement

[Important instructions]

[Shenzhen Hua Xin Information Technology Co., Ltd; Shanghai Black Vision Intelligent Technology Co., Ltd.] (Hereinafter referred to as "our company") hereby remind users (including natural persons, legal persons or other organizations that have obtained this product through various legal channels, hereinafter referred to as "users" or "you") to carefully read and confirm that you have fully understood this Software License and Service Agreement (hereinafter referred to as "this Agreement"), especially involving the clauses involving exempting or limiting our liability, dispute resolution and applicable law. This Agreement is a final, complete and exclusive agreement between the users and us regarding matters related to the Product ,and supersedes and merges all discussions and understandings between the parties with respect to the above matters.

This Agreement will be legally binding on the user's use of this product. You have promised and guaranteed to have the right and ability to sign this agreement. Your download, installation, use of the Software and account acquisition and login will be deemed as an acceptance of this Agreement and a consent to be bound by the terms of this Agreement (minors shall be accompanied by a legal guardian). If you cannot accept the full terms of this Agreement, please do not use this product.

We have the right to amend this Agreement. The updated terms of this Agreement will be published in the Software with effect from the date of publication. Users can re-download and install the software for the latest terms of the Agreement. If the user does not accept the modified terms, please immediately stop using our "Libos" software and services. Users who continue to use our "Libos" software and services will be deemed to have accepted the modified agreement.

I. General

1.1 Statement of the software agreement

1) This Agreement is an agreement between you ("User") and us and our operating partners ("Partner") regarding the user download, installation and use of the "Libos" Software ("This Software") and the use of the relevant services of our Company.

2) This software and service is that provided by our company and installed on mobile intelligent terminal equipment, including but not limited to, binding and operating intelligent products and other services for users using the intelligent terminal.

3) The ownership and operation rights of the software and services shall vest in our company.

1.2 User account

You shall promise and guarantee:

the behavior that you use this product shall be legal.

This product will reserve or terminate your account according to the provision in "Modification and Termination" hereof. You shall promise to keep confidential for your logging information, not to be acquired and used by others and to be responsible for all behaviors under the account of this website. You shall inform this product of any behavior that may violate the law, is not authorized to use or suspected of being not authorized to use. This product does not bear legal liability for the loss caused by your failure to obey the aforesaid requirements.

II. Software Authorization Scope

2.1 End-user license agreement

With respect to this Software, we grant users a personal, non-transferable and non-exclusive license:

1) The right to use this product;

2) The right to download, install and use this mobile smart terminal device, etc.

2.2 Restrictive provisions

1) Users may install and use the software on a single mobile terminal device for non-commercial purposes, but may not install and use it for commercial operation purposes. No license, sale, lease, transfer, distribution, or other commercial use of the Software is allowed.

2) You shall not copy, change, modify, mount run or create any derivative works of the software or the data released into the memory of any computer terminal during the operation of the software, or the interactive data between the client and the server during the operation of the software, in the form including, but not limited to, plug-ins, add-ons or unauthorized third party tools/services to access the software and related systems. For commercial sales, replication and distribution, such as software pre-loading and binding, written authorization and permission from our company are required.

3) Unless explicitly authorized by this Agreement, we have not authorized other rights to the user. Users' other rights shall obtain additional written consent from our company.

III. Acquisition, Installation, and Upgrading of the Software

3.1 Software acquisition

Users shall download and install this software from the specified platform of our company. Beware of downloading the software on a non-designated platform to prevent mobile terminal devices from being infected with malicious programs that can destroy user data and obtain user privacy information. If you get access to the software from a third party that is not authorized by our company or an installation program with the same name as the software, our company cannot guarantee the normal use of the software and will not be responsible for any losses caused to you.

3.2 Software Installation

The user must choose the software version compatible with the mobile phone; otherwise, any software problem, equipment problem or damage caused by software not compatible with the equipment model will be borne by the user;

3.3 Software upgrading

In order to improve the user experience and the service content, we have the right to replace, modify and upgrade this software from time to time. The software opens the "upgrade prompt" function by default. Depending on the software version, the users are optional in the upgrade. After the release of new software versions, we do not guarantee the continued availability of old software.

IV. Use Specification

4.1 Software use specification

Users may use the Software and Services under this Agreement in compliance with the law and with this Agreement. Users shall not:

1) Delete information on copyright of the software and its copies and modify, remove or avoid technical measures set up by the software to protect intellectual property rights;

2) Perform reverse engineering of this software, such as disassembling, decompilation, or other attempts to obtain the source code of this software;

3) Add, delete, or change the function or operation effect of the software by modifying or falsifying the instructions, or operate or disclose the software and method used for the above purpose, no matter whether these acts are for commercial purposes or not;

4) Use the software to endanger network security, including but not limited to: Use the unauthorized data or access the server/account without permission; Access the public computer network or others' terminal system without permission, and cancel, revise or increase the storage information; Try to search, scan and test this "software" system or network disadvantages without permission or make other behaviors which will damage the network safety; Try to intervene and damage the normal operation of this "software" system or website, propagate malicious programs or virus on purpose, and make other behaviors which will damage and intervene the normal network information service; Counterfeit name and partial name of TCP/IP data packet;

5) Users log in or use the software and services through third-party compatible software and systems not developed, authorized or approved by our company, or make, publish or disseminate the above tools;

6) Without the written consent of our company, users perform as follows for the software and its information: Use, rent, lend, copy, modify, link, reprint, compile, publish, establish the mirror site, develop the related derivative products, works, services, plug-ins, add-ons, compatibility, interconnection with the help of this software;

7) Use this software to publish, transmit, disseminate and save contents violating local laws and regulations;

8) Use this software to publish, transmit, disseminate or save any content which infringes others' intellectual property right, commercial secretes and other legal rights;

9) Use this software to publish, transmit and disseminate advertising information and junk information in batches;

10) Use the Software and other services provided by us in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the license agreement;

4.2 Information release specification

1) You may use this software to publish opinions, data, text, information, user names, pictures, photos, personal information, audio, video files, links, etc. that are original or you are entitled to publish. You must guarantee that you have intellectual property or legal authorization of the information you have uploaded and that any use of the software and services does not infringe the lawful interests of any third party.

2) You must comply with local laws and regulations when using this software.

3) You may not use the software to engage in the following actions, including but not limited to: Make, copy, publish, disseminate or save contents in violation of local laws and regulations; Publish, transmit, disseminate, and save contents that infringe others' legal rights such as right of reputation, portrait right, intellectual property right, and trade secret; Maliciously make up facts and conceal the truth to mislead and deceive others; Release, transfer and communicate advertising information and junk information; Engage in other violations of local laws and regulations.

4) You may not conduct any business activities such as advertising or selling goods without our permission.

4.3 You understand and agree that:

1) Our company will identify whether the user is suspected of violating the above use specifications, and suspend/terminate your use license or take other restrictive measures depending on the identification results;

2) We will directly delete the information published by users suspected of violating laws, the legal rights of others or the Agreement when using the license software;

3) If the user violates the above use specification and causes damages to third parties, you need to be independently liable in your own name, and shall ensure that we are exempt from the resulting losses or additional costs;

4) If the user violates relevant laws and regulations or agreements, resulting in losses to our company, claims from a third party, or penalties by administrative authorities, the user shall compensate our company for the losses and / or expenses incurred, including reasonable attorney's fees, investigation and evidence collection fees.

V. Service Risk and Disclaimer

5.1 Expenses

Users must be equipped with mobile terminal equipment and the equipment needed for telecom value-added business, and bear the communication fees and information fees charged by personal mobile terminal equipment or a third party (including, but not limited to, telecommunications or mobile communication providers). If telecom value-added services are involved, we recommend that you confirm related fee issues with your telecom value-added service provider.

5.2 Third party

1) Our company and the partners shall not be liable for all losses suffered by third parties such as communication line failure, technical problems, network, mobile terminal equipment failure, system instability and other force majeure reasons.

2) This software may call a third-party system or third-party software to support the use or access to specific services. The results of use or access are provided by that third party. We do not guarantee the security, accuracy, effectiveness and other uncertain risks of the results achieved through a third party system or third party software. We are not liable for any disputes and damages arising therefrom.

5.3 Safety issues

1) Like most Internet software, this software is affected by differences in users, network service quality and social environment, and may be disturbed by various security problems, such as others causing harassment in real life; Other software you download and install or other websites you visit, contain viruses such as "Trojan horses" that threaten the security of your computer's information and data, and then affect the normal use of the software, among other things. Users shall strengthen protection awareness of information security and user data, and pay attention to password protection, to avoid losses and harassment.

2) Except as clearly specified by laws and regulations, we will do our best to ensure that the software and the technology and information involved are secure, effective, accurate and reliable, but limited by the existing technology. Users understand that our company cannot guarantee this.

5.4 Modify or interrupt the service

Our company calls the attention to users that in order to develop and adjust the company, we have the right to modify or interrupt the service at any time. Our exercise of the right to modify or interrupt the services is not liable to the user or any third party.

5.5 Losses and damages

1) Personal injury or incidental or indirect economic damages arising from or related to the user, including but not limited to loss of profit, loss of information, business interruption or other business damages or losses, shall be borne by the user itself:

  • Use or failed to use the licensed software;
  • Unlicensed use of software or unauthorized change of user data;
  • Expenses and losses incurred by users using the software;
  • Users' misunderstanding of the software;
  • Other losses related to the software not caused by our company.
  • 2) For behaviors between users and other users using the software, any personal or economic injury or loss caused or likely to be caused by your misleading or deception shall be borne by the fault party according to law.

    VI. Third-party Content / Service Description

    6.1 Users understand and agree:

    This software may contain content or services provided by our affiliated parties or third parties. We only provide relevant functional modules and access to third-party content or services in the software for user convenience.

    6.2 Third-party service description

    1) Whether the third-party content or service is preset in the software or opened or ordered by the user, the user understands and agrees that Libos does not make any express or implied guarantee for the legality and validity of the third-party content or service provider or user's behavior, as well as the legality, accuracy, validity and security of the third-party content or service.

    2) We do not supervise the third-party content or services, take any control over them, nor provide any guarantee for the third party's services, nor bear any responsibility.

    3) Any dispute between the user and the third-party content or service provider shall be resolved by the user and the third-party service provider, and we shall not bear any responsibility.

    VII. Intellectual Property Declaration

    7.1 Property declaration

    Our company is the intellectual property right holder of this software. All intellectual property rights such as copyright rights, trademark rights, patent rights, trade secrets, and all information related to the Software (including, but not limited to, the text, pictures, audio, video, charts, interface design, layout framework, relevant data or electronic documents, etc.) are protected by local laws and regulations and corresponding international treaties, and we are entitled to the above-mentioned intellectual property rights.

    7.2 Property rights protection

    Without our written consent, the user may not implement, utilize or transfer the above intellectual property rights for any third party for any commercial or non-commercial purpose. We reserve the right to investigate the legal liability for the above acts.

    VIII. Changes in the Agreement

    We have the right to amend the terms of this Agreement if necessary. Once the terms change, the revised terms will be published on the relevant page. Users who do not agree with the changed contents shall take the initiative to cancel this service. Users who continue to use the service shall be deemed to accept the changed terms of the agreement.

    IX. Applicable Law and Dispute Resolution

    1) The validity and interpretation of the terms of this Agreement shall be governed by the laws of the mainland of the people's Republic of China. If no laws exists, international business practices and / or business practices shall prevail.

    2) This Agreement is signed in Pudong New Area, Shanghai.

    3) The user and our company unanimously agree that all disputes arising from the service shall be resolved through negotiation. If the negotiation fails, either party may submit to the court with jurisdiction in the place where this Agreement is signed.

    X. Miscellaneous

    1) When you use a specific service of the software, there may be a separate agreement, relevant business rules, etc. (hereinafter collectively referred to as the "separate agreement") for that service. Please read and agree to the separate agreement before using the service.

    2) This Agreement takes effect on August 01, 2020.

    3) The headlines of all the terms in the Agreement are set for reading convenience only, which have no actual meaning and cannot be treated as basis to interpret connotation of the Agreement.

    4) If any term of this Agreement becomes partially invalid or non-executable for any reason, the remaining terms still remain valid and binding upon both parties.

    Shanghai Black Vision Intelligent Technology Co., Ltd.