End User License Agreement
PHOTON INTERNATIONAL HOLDINGS (HONG KONG) LIMITED (hereinafter referred to as "PHOTON INTERNATIONAL") kindly requests that users carefully read and fully understand this Software License and Service Agreement (this "Agreement"). Users should carefully read and fully understand the terms of this Agreement, particularly those concerning the disclaimer or limitation of PHOTON INTERNATIONAL's liability, dispute resolution, and applicable law. Please read carefully and choose to accept or not accept this Agreement (minors should be accompanied by their legal guardians when reading this Agreement). Downloading, installing, using the software, and logging into your account signifies your agreement to accept and be bound by the terms of this Agreement.
PHOTON INTERNATIONAL reserves the right to amend this Agreement. If the terms of this Agreement are updated, they will be announced on the official website or software and will take effect from the date of publication. Users can re-download and install the software from the website or view the latest version of this Agreement. After PHOTON INTERNATIONAL modifies the terms of this Agreement, if you do not accept the modified terms, please immediately cease using the "PHOTON INTERNATIONAL" software and services provided by PHOTON INTERNATIONAL; continued use by the user of the "PHOTON INTERNATIONAL" software and services provided by PHOTON INTERNATIONAL will be deemed acceptance of the revised terms of this Agreement.
1. General Provisions
1.1 This Agreement is between you (hereinafter referred to as the "User") and PHOTON INTERNATIONAL and its operational partners (hereinafter referred to as "Partners") regarding the User's download, installation, and use of the PHOTON INTERNATIONAL software "PHOTON INTERNATIONAL" (hereinafter referred to as the "Software") and the use of related services provided by PHOTON INTERNATIONAL.
1.2 The Software and services are provided by PHOTON INTERNATIONAL for installation and use on (including but not limited to) mobile smart terminal devices, for the purpose of synchronizing data collected by PHOTON INTERNATIONAL products and tracking exercise information.
1.3 Ownership and operating rights of the Software and services shall belong to PHOTON INTERNATIONAL.
2. Scope of Software License Grant
2.1 PHOTON INTERNATIONAL grants the User a personal, non-transferable, and non-exclusive license to use the Software, but the User does not have the right to sublicense.
2.2 The User may install, use, display, and run the Software on a single mobile terminal device for non-commercial purposes. However, the User may not install, use, or run the Software for commercial operation. The User may not copy, alter, or modify any data of the Software, any data sent to the memory of any terminal device during the execution of the Software, or interactive data generated between the client and server during the execution of the Software, nor use plug-ins to run the Software, create derivative works in any form (including but not limited to plug-ins), or access the Software and related systems through unauthorized third-party tools/services. If you need to sell, copy, or distribute the Software for commercial purposes, such as software pre-installation and bundling, you must obtain written authorization and permission from PHOTON INTERNATIONAL.
2.3 Without permission from PHOTON INTERNATIONAL, the User may not install the Software on other terminal devices not explicitly permitted by PHOTON INTERNATIONAL, including but not limited to set-top boxes, game consoles, televisions, DVD players, etc.
2.4 The User may make a copy of the Software for the purpose of using the Software and services, but only as a backup. The backup copy must contain all copyright information of the original software.
2.5 Unless explicitly granted in this Agreement, PHOTON INTERNATIONAL does not grant the User any other rights. If the User intends to use any other rights, prior written consent from PHOTON INTERNATIONAL should be obtained.
3. Software Acquisition, Installation, and Upgrade
3.1 Users should download and install the Software from the website designated by PHOTON INTERNATIONAL or in the manner specified by PHOTON INTERNATIONAL. Please be careful not to download the Software from non-designated websites to prevent the mobile device from being infected with malware that may destroy user data or obtain user private data. If you obtain software or an installer with the same name as the Software from a third party not authorized by PHOTON INTERNATIONAL, PHOTON INTERNATIONAL cannot guarantee its normal use, and PHOTON INTERNATIONAL shall not be liable for any loss caused to you thereby.
3.2 The User must select a Software version compatible with the installed terminal device. Otherwise, any software issues, device problems, or damages arising from the mismatch between the software version and the device model shall be borne solely by the User.
3.3 To improve user experience and optimize service content, PHOTON INTERNATIONAL reserves the right to provide replacement, modified, and upgraded versions of the Software, and reserves the right to charge for such replacement, modification, or upgrade, provided such charges are agreed upon by you in advance. The Software enables the "Upgrade Prompt" function by default for users. Depending on the Software version used, PHOTON INTERNATIONAL allows users to decide whether to enable the aforementioned functions. After the release of a new Software version, PHOTON INTERNATIONAL does not guarantee that the old version of the Software will continue to be usable.
4. Usage Specifications
4.1 The User's use of the Software and services must comply with this Agreement and the law. The User shall not engage in the following acts:
4.1.1 Delete any copyright information from the Software and other copies, or modify, delete, or circumvent technical measures adopted by the Software to protect intellectual property rights;
4.1.2 Perform reverse engineering on the Software, such as decompiling, disassembling, or other attempts to obtain the source code of the Software;
4.1.3 During the execution of the Software, add, delete, or change the functions or execution effects of the Software by modifying or forging instructions and data, or operate the Software for the above purposes or disseminate related methods to the public in other ways, whether for commercial use or not;
4.1.4 Use the Software to engage in any acts harmful to network security, including but not limited to: using unauthorized data or accessing unauthorized servers/accounts; accessing public networks or other operating systems without authorization and deleting, modifying, or adding any stored data; attempting to detect, scan, or test vulnerabilities of the software system or network or performing other acts that undermine network security without authorization; attempting to interfere with or disrupt the normal operation of the software system or website, intentionally spreading malicious programs or viruses, or performing other acts that disrupt or interfere with normal network information services; forging the name or part of the name of TCP/IP data packets;
4.1.5 Users logging in or using the Software and services through third-party compatible software or systems not developed, authorized, or approved by PHOTON INTERNATIONAL, or producing, publishing, or disseminating the aforementioned tools;
4.1.6 Without written permission from PHOTON INTERNATIONAL, the User performing any operation on the Software or data contained therein, including but not limited to using, leasing, lending, copying, modifying, creating links, reproducing, editing, publishing, issuing, establishing mirror sites, or unauthorized use of the Software to develop related derivative products, works, services, plug-ins, compatibility, or interconnection;
4.1.7 Using the Software to publish, transmit, disseminate, or store content that violates national laws, endangers national security, national unity, social stability, or public order, or any inappropriate, insulting, obscene, or violent content, or content that violates national laws and regulations;
4.1.8 Using the Software to publish, transmit, disseminate, or store content that infringes upon the legitimate rights of others such as intellectual property rights and trade secrets;
4.1.9 Using the Software to publish, transmit, or disseminate advertising information or spam in bulk;
4.1.10 Using the Software and other services provided by PHOTON INTERNATIONAL in any illegal manner, for any illegal purpose, or in any manner inconsistent with the licensed use under this Agreement;
4.2 Information Publication Specifications
4.2.1 You may use the Software to publish information you have created or have the right to publish, such as opinions, data, text, information, usernames, pictures, personal profiles, audio or files, links, etc. You must guarantee that you own the intellectual property rights to or have obtained legal authorization for the uploaded information, and that your use of the Software and services will not infringe upon any third party's legitimate rights or interests.
4.2.2 When using the Software, you must comply with the requirements of the "Seven Baseline Principles", namely laws and regulations, the socialist system, national interests, the legitimate rights and interests of citizens, social public order, moral风尚, and the authenticity of information.
4.2.3 You may not use the Software to conduct the following acts, including but not limited to:
4.2.3.1 Producing, copying, publishing, disseminating, or storing any of the following content that violates national laws and regulations:
(1) Any content that undermines the basic principles established by the Constitution;
(2) Any content that endangers national security, divulges state secrets, subverts state power, or undermines national unity;
(3) Any content that damages national honor and interests;
(4) Any content that incites ethnic hatred, ethnic discrimination, or undermines national unity;
(5) Any content that undermines national religious policies, promotes cults or feudal superstitions;
(6) Any content that spreads rumors, disrupts social order, or undermines social stability;
(7) Any content that disseminates obscenity, pornography, gambling, violence, murder, terror, or abets crime;
(8) Any content that insults or slanders others, infringes upon the legitimate rights and interests of others;
(9) Any content that incites illegal assembly, association, procession, demonstration, or gathering to disrupt social order;
(10) Any content regarding activities conducted in the name of illegal non-governmental organizations;
(11) Any other content prohibited by laws and administrative regulations.
4.2.3.2 Publishing, transmitting, disseminating, or storing content that infringes upon others' legitimate rights such as reputation rights, portrait rights, intellectual property rights, and trade secrets;
4.2.3.3 Fabricating facts or concealing the truth to mislead or deceive others;
4.2.3.4 Publishing, transmitting, or disseminating advertising information or spam;
4.2.3.5 Engaging in other acts that violate laws and regulations, policies, public order, social morals, etc.
4.2.4 Without permission from PHOTON INTERNATIONAL, you may not engage in any commercial activities on the Software, such as advertising or selling goods.
4.3 You understand and agree:
4.3.1 PHOTON INTERNATIONAL will determine whether a user is suspected of violating the above usage specifications and, based on the judgment result, suspend or terminate the license granted to you to use the Software, or take other restrictive measures in accordance with this Agreement;
4.3.2 PHOTON INTERNATIONAL will directly delete any information published by the user while using the licensed Software that is suspected of being illegal or infringing upon the legitimate rights of others or violating this Agreement;
4.3.3 If you cause damage to a third party due to violation of the above usage specifications, you must bear the liability independently in your own name and hold PHOTON INTERNATIONAL harmless from any resulting loss or expense;
4.3.4 The User shall indemnify and hold PHOTON INTERNATIONAL harmless from any and all losses, third-party claims, administrative penalties, damages, and/or expenses (including reasonable attorney fees, investigation, and evidence collection costs) arising from or suffered by PHOTON INTERNATIONAL due to the User's violation of relevant laws or breach of this Agreement.
5. Dispute Resolution
Both the User and PHOTON INTERNATIONAL agree that all disputes arising from this service shall first be resolved through consultation between the two parties. If the dispute cannot be resolved through consultation, either party may submit the dispute to the court with jurisdiction in the location where this Agreement is signed.