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Rising Sun User Service Agreement

Effective date:2020-2-16
Updated:2019-1-16


[Ningbo Free Trade Zone Rising Sun Electrical Co., ltd.] (Hereinafter referred to as "RisingSun") hereby reminds users to carefully read and fully understand this Software License and Service Agreement (hereinafter referred to as "this agreement"). Users should carefully read and fully understand the terms of this agreement, especially those related to the exclusion or limitation of RisingSun's liability, dispute resolution and the application of law. The terms of exemption or limitation of liability will be marked in bold, and you need to focus on reading. Please read carefully and choose to accept or not accept this agreement (minors should read with a legal guardian). Your download, installation, use of the software, and account acquisition and login will be deemed as acceptance of this agreement and agree to be bound by the terms of this agreement.

RisingSun reserves the right to amend this agreement, and the updated agreement terms will be published on the official website or software with effect from the date of publication. Users can re-download and install the software or website to view the latest agreement terms. After RisingSun revises the terms of this agreement, if the user does not accept the revised terms, please immediately stop using the "RS-SmartHome" software and services provided by RisingSun, and the user's continued use of the "RS-SmartHome" software and services provided by RisingSun will be deemed as Has accepted the revised agreement.


I. General

1.1. This agreement is for you (hereinafter also referred to as the "User") and RisingSun and its operating cooperation units (hereinafter referred to as "Cooperative Units") to download, install, and use the RisingSun's "RS-SmartHome" software ( Hereinafter referred to as the "Software") and the agreement on the use of services related to RisingSun.
1.2. The software and services are software and services provided by RisingSun and installed on, but not limited to, mobile smart terminal devices, and provide users using the smart terminal with services such as binding and operating smart products.
1.3. The ownership and operation rights of the software and services are owned by RisingSun.


Ⅱ. Software License Scope

2.1. RisingSun grants users a personal, non-transferable, non-sublicensable, and non-exclusive license to this software.
2.2. Users can install, use, display and run the software on a single mobile terminal device for non-commercial purposes. However, the user shall not install, use, or run the software for commercial operation purposes, and may not copy the software or data released into the memory of any terminal device during the running of the software and the interactive data between the client and the server during the running of the software Change, modify, link, run or create any derivative works, including but not limited to using plug-ins, plug-ins or unauthorized third-party tools / services to access the software and related systems. If commercial sales, reproduction, and distribution are required, such as software pre-installation and bundling, written authorization and permission from RisingSun must be obtained.
2.3. The user may not install the software on other terminal equipment without RisingSun's express permission, including but not limited to set-top boxes, game consoles, televisions, DVD players, etc.
2.4. The user may make one copy of the software for the purpose of using the software and services, for backup purposes only. The backup copy must contain all copyright information contained in the original software.
2.5. Except as expressly authorized in this Agreement, RisingSun does not authorize the user with other rights. If the user uses other rights, he must obtain the written consent of RisingSun separately.


Ⅲ. Obtaining, installing, and upgrading software

3.1. The user shall download and install this software product according to the designated website or method specified by RisingSun. Beware of downloading this software on non-designated websites to prevent mobile terminal devices from being infected with malicious programs that can destroy user data and obtain user privacy information. If a user obtains the software or an installer with the same name as the software from a third party that is not authorized by RisingSun, RisingSun cannot guarantee the normal use of the software and will not be responsible for any losses caused to you.
3.2. The user must choose the version of this software that matches the installed terminal equipment; otherwise, any software problems, equipment problems, or damage caused by the mismatch between the software and the device model are the responsibility of the user.
3.3. In order to improve the user experience and improve the service content, RisingSun has the right to provide you with software replacements, modifications, and upgrades from time to time, and also has the right to charge a fee for replacements, modifications, or upgrades, but with your consent in advance. This software enables the "upgrade reminder" function by default for users. Depending on the software version used by the user, RisingSun provides users with the option to enable or disable this function. After a new version of the software is released, RisingSun does not guarantee the continued availability of the older version of the software.


Ⅳ. Terms of Use

4.1. The user may use the software and services in accordance with this Agreement on the premise of complying with the law and this Agreement, and the user shall not perform the following actions:
4.1.1. Delete all information about copyright on the software and other copies, and modify, delete or avoid the technical measures set by the software to protect intellectual property rights;
4.1.2. Reverse engineer the software, such as disassembling, decompiling, or other attempts to obtain the source code of the software;
4.1.3. By modifying or falsifying the instructions and data during the operation of the software, adding, deleting, changing the functions or operating effects of the software, or operating or disseminating the software or methods used for the above purposes, whether or not these acts For commercial purposes
4.1.4. Use this software for any behavior that endangers network security, including but not limited to: use of unauthorized data or access to unauthorized servers / accounts; unauthorized access to public networks or other people's operating systems and deletion, modification , Increase storage information; unauthorized attempts to detect, scan, test the software system or network weaknesses or other acts that undermine network security; attempt to interfere with or disrupt the normal operation of the software system or website, and intentionally spread malicious programs or viruses And other acts that disrupt the normal network information services; forge TCP / IP packet names or partial names;
4.1.5. Users log in or use the software and services through third-party compatible software or systems that are not developed, authorized or approved by RisingSun, or make, publish, or disseminate the above tools;
4.1.6. Without RisingSun's written consent, the user's unauthorized implementation of the software and the information in it includes but is not limited to the following actions: use, rent, lend, copy, modify, link, reprint, compile, publish, publish, establish a mirror site, Use this software to develop related derivative products, works, services, plug-ins, plug-ins, compatibility, interconnection, etc. without authorization;
4.1.7. Use this software to publish, transmit, disseminate, and store content that violates local laws and regulations;
4.1.8. Use this software to publish, transmit, disseminate, and store content that infringes on other people's intellectual property rights, trade secrets and other legal rights;
4.1.9. Use this software to publish, transmit, and disseminate advertising information and spam in batches;
4.1.10. Other use of the Software and other services provided by RisingSun in any illegal way, for any illegal purpose, or in any way inconsistent with the use permitted by this Agreement;
4.2. Information Release Specifications
4.2.1. You can use this software to publish opinions, data, text, information, usernames, pictures, photos, personal information, audio, video files, links and other information that belong to your original or you have the right to publish. You must guarantee that you own the intellectual property rights of the information content you have uploaded or have been legally authorized, and that any use of this software and services by you does not infringe the legitimate rights and interests of any third party.
4.2.2. You are required to comply with local laws and regulations when using this software.
4.2.3. When using the software, you may not use the software to engage in the following activities, including but not limited to:
4.2.3.1. Produce, copy, publish, disseminate, and store content that violates local laws and regulations;
4.2.3.2. Publish, transmit, disseminate, and store content that infringes on others' legal rights such as the right to reputation, portrait rights, intellectual property rights, and trade secrets;
4.2.3.3. Fictional facts, concealing the truth to mislead and deceive others;
4.2.3.4. Publish, transmit, and disseminate advertising information and spam;
4.2.3.5. Engage in other acts that violate local laws and regulations.
4.2.4. Without RisingSun's permission, you may not conduct any commercial activities in the software, such as publishing advertisements and selling goods.
4.3. You understand and agree:
4.3.1. RisingSun will determine whether the user is suspected of violating the above-mentioned usage specifications, and according to the determination results, suspend, terminate your license or take other restrictive measures that can be taken in accordance with this agreement;
4.3.2. RisingSun will directly delete the information released when the user uses the licensed software that is suspected of violating the law or suspected of infringing on the legal rights of others or this agreement;
4.3.3. If a user's violation of the above usage rules causes damage to a third party, you need to independently bear legal responsibility in your own name, and you should ensure that RisingSun is protected from losses or increased costs as a result;
4.3.4. If the user violates relevant laws or agreements and causes RisingSun to suffer losses, or is subject to a claim by a third party, or is punished by an administrative authority, the user shall compensate RisingSun for the losses and / or costs incurred by it, including reasonable attorneys Fees, investigation and evidence collection fees.


Ⅴ. Service risk and disclaimer

5.1. Users must equip themselves with the mobile terminal equipment to access the Internet and use the telecommunications value-added services. They must pay for the personal mobile terminal equipment to access the Internet or third party (including but not limited to telecommunications or mobile communication providers) communication fees, information fees, etc. Related costs. In the case of telecommunications value-added services, we recommend that you confirm the relevant cost issues with your telecommunications value-added service provider.
5.2. RisingSun and its partners are not responsible for all losses suffered by users due to third party such as communication line failure, technical problems, network, mobile terminal equipment failure, system instability and other various force majeure reasons.
5.3. Like most Internet software, this software is affected by factors including but not limited to user reasons, network service quality, social environment and other factors, and may be invaded by various security issues, such as the use of user data by others, causing real life Harassment during downloading; other software downloaded or installed by users, or viruses such as "Trojan horses" contained in the website, threatened the user's terminal device information and data security, and then affected the normal use of the software. Users should strengthen the awareness of information security and user data protection, and pay attention to strengthening password protection to avoid loss and harassment.
5.4. Because the user uses the software or requests RisingSun to provide specific services, the software may call a third-party system or third-party software to support the user's use or access. The results of the use or access are provided by the third party. RisingSun is not responsible for any disputes and damages caused by the safety, accuracy, validity and other uncertain risks of the results achieved by the third party system or third party software.
5.5. RisingSun specially draws users' attention. In order to protect RisingSun's autonomy for business development and adjustment, RisingSun has the right to modify or discontinue the service at any time without notifying the user. RisingSun's right to modify or discontinue the service does not require the user or Third parties are responsible.
5.6. Except as expressly provided by laws and regulations, we will do our best to ensure that the software and the technology and information involved in it are safe, effective, accurate and reliable, but subject to existing technology, users understand that RisingSun cannot guarantee this.
5.7. Personal injury or incidental or indirect economic damages caused by or in connection with the user due to any of the following conditions, including but not limited to loss of profit, loss of data, business interruption or other business damage The loss must be borne by the user:
5.7.1. Use or fail to use the licensed software;
5.7.2. Unauthorized use of software by third parties or alteration of user data;
5.7.3. Expenses and losses incurred by users' use of software;
5.7.4. Misunderstanding of software by users;
5.7.5. Other software related losses not caused by RisingSun.
5.8. Any personal or financial injury or loss caused or possibly caused by you through misleading or deceiving behavior between the user and other users of the software through the software shall be the sole responsibility of the faulty party.


Ⅵ. Intellectual Property Statement

6.1. RisingSun is the intellectual property right holder of this software. All copyrights, trademarks, patents, trade secrets and other intellectual property rights of the software, and all information content related to the software (including but not limited to text, pictures, audio, video, graphics, interface design, layout framework, relevant data Or electronic documents, etc.) are protected by your local laws and regulations and corresponding international treaties, and RisingSun enjoys the above intellectual property rights.
6.2 Without RisingSun's written consent, the user shall not, for any commercial or non-commercial purpose, independently or permit any third party to implement, utilize, or transfer the above intellectual property rights, and RisingSun reserves the right to pursue legal responsibility for the above acts.


Ⅶ. Agreement change

7.1. RisingSun reserves the right to modify the terms of this agreement if necessary. Once the terms of the agreement are changed, the revised terms of the agreement will be announced on the relevant pages. If you do not agree with the changed content, the user should take the initiative to cancel this service. If the user continues to use the service, it is deemed to accept the change in the terms of the agreement.
7.2. RisingSun and the partner companies have the right to modify or change the fee services, fee standards, fee methods, service fees and service terms as required. When RisingSun provides services, it may start to charge some users of some services now or in the future. If users refuse to pay these fees, they cannot continue to use the related services after the charges start. RisingSun and partner companies will use their best efforts to notify users of such modifications or changes via email or other means.


Ⅷ. Application of law and jurisdiction

8.1. This policy is formulated in accordance with the laws of the People's Republic of China and is governed by the laws of the People's Republic of China. If there is no relevant law, reference is made to the use of international business practices and / or business practices.
8.2. The user and RisingSun agree that all disputes arising from this service shall be settled through negotiation, and neither party can submit a lawsuit to a court of competent jurisdiction where this agreement is signed.


Ⅸ. other

9.1. When a user uses a specific service of the software, the service may have a separate agreement, related business rules, etc. (hereinafter collectively referred to as "separate agreement"), please read and agree to the relevant Separate agreement.
9.2. The headings of all the terms of this agreement are for convenience only, and have no actual meaning in themselves, and cannot be used as a basis for interpretation of the meaning of this agreement.
9.3. No matter what the terms of this agreement are partially invalid or unenforceable, the remaining terms are still valid and binding on both parties.
9.4. If you have any questions about our practices or this privacy statement, please contact us via:
9.4.1. Company Name: Ningbo Free Trade Zone Rising Sun Electrical Co., ltd.
9.4.2. Mailing address: No. 17, Chuangye 1st Road, Bonded West District, Beilun District, Ningbo, Zhejiang, China
9.4.3. Email: sales@risingsun-elec.com