Oray particularly reminds users to carefully read and fully understand the Software License and Services Agreement" (hereinafter "Agreement") --- users should carefully read and fully understand the provisions of this Agreement, including the Exceptions excluding or disclaiming restrictions on Oray responsibility and the rights limitations of users. Please read carefully and choose to accept or not accept the "Agreement" (minors should be read in the legal guardian). Unless you accept all terms of this Agreement, you have no right to download, install or use this software and its related services. Your behavior of download, installation, use, account access and login will be deemed as accepting this Agreement and and agreeing constraints by provisions of this Agreement.
This agreement is signed by you (hereinafter referred to as "User") and Shanghai Beirui Information Technology Co., Ltd. (hereinafter referred to "Oray") and its operational cooperation units (hereinafter referred to as "cooperative units") on downloading, installing, using and copying "peanut shell software: peanut shell remote assistanc, peanut shell remote control, peanut shell dynamic domain names"; registration, use, management of Oray account; and using related services of Oray. The agreement describes the rights and obligations between Oray and users on software licensing and related services. "User" refers to individuals or organizations getting software and number license and using Oray related services through the licensing and acount registration provided by Oray.
This Agreement may be updated by Oray at any time and without prior notice to the User. After the updated Agreement is issued, it shall replace the original Agreement effectively. Users can read the updated Agreement by re-downloading the Software or checking on the Website at any time. After Oray has updated the clauses of Agreement, the User should stop using software and services provided by Oray if he/she does not agree with the clauses amended, otherwise it will be deemed that the user has accepted the Agreement as amended.
1. Statement of Intellectual Property
The Software was developed by Oray. All intellectual properties, trade mark rights, patent rights and business secrets in the Software and all information related to the Software, including but not limited to written expressions and their combinations, icons, decorations, charts, colors, page designs, page frameworks, data, printings and electronic documents, are under the protection of copyright laws, trademark law, Patent Law, Law of the People's Republic of China Against Competition by Inappropriate Means and international copyright treaties and other intellectual property laws and regulations. Except those involved in software or technologies authorized by a third party, Oray enjoys the above intellectual property.
1.2 Without the written consent of Oray, the User may not implement, use, transfer or permit any third party to implement, use or transfer the above intellectual property by himself/herself for the purpose of profit or nonprofit, and Oray reserves the right to investigate the above behaviors unauthorized.
2. Scope of the Software License
2.1 User can not copy, alter, amend, run by mount or create any derivative works in relation to the Software, data released to any computer terminal’s internal memory by the Software during its running and interactive data between client terminal and server’s terminal during the Software’s running, and the forms include, but not limited to, plug-in, outside hanging or any unauthorized third party’s tool/service accessing to the “Software” and correlative systems.
2.2 Rights reserved: All other rights not hereby licensed still belong to Oray. User shall obtain separate written approval from Oray when using the other rights.
3. Oray account
To use this software, users need to fill out and submit information of individual or organization to register Oray account. As part of the account registration process, users must agree to: (1) provide true information about yourself (such information must be kept up to date, complete and accurate) in accordance with the message during registration process; (2) maintain and update information of the registered person as needed, always keep the information up to date, complete and accurate. If you are under 18 years of age, you should read the agreement and submit account registration under the legal guardian.
3.1 The User may use the services offered by Oray by registering for a Oray account. Services include, but not limited to, softwares for PCs and handheld devices, Corn cool, Olive mail and other services Users may log in using their Oray account and enjoy these services. Oray reserves the right to change and interpret future services of the Company. Regardless of the User getting Oray account by any form, this Agreement will be binding on it. When using the services offered by Oray by means of the Oray account, the User shall abide by the terms of service for such services.
3.2 The Oray account is owned by Oray. The User obtains the right to use the Oray account after completing the registration procedure.
3.3 The Oray account can only be used by the initial registrant. It is not allowed to be presented as a gift, lent, rented, transferred or sold. If Oray finds that the Oray account is not being used by the initial registrant, Oray is entitled to reclaim the said Oray account, without bearing any legal liability to the said user. The User shall bear the losses including, but not limited to, communication interruption, information and game item missing caused by the foresaid cases. In order to prevent disputes on the Oray account, the User is not allowed to privately transfer the Oray account with or without consideration; the User shall bear all possible losses arising from the breach of this requirement. Further, Oray reserves the right to investigate legal responsibilities of the above actors.
3.4 The User shall be responsible for the safekeeping of the Oray account and the password, and be fully responsible for all activities performed through the use of the Oray account and the password. The User shall pay attention to the safekeeping of the password of the Oray account and the open-email account. The User agrees that such a case shall be immediately notified to Tencent as the User’s account is being used by others without permission.
3.5 After having lost Oray account or forgotten its password, the User shall appeal to retrieve the account in time by following appeal approaches of Oray. The User shall continuously offer the protection information of personal password to increase the security of account. By dint of original enrollment information and protection information of personal password, the User may fill in the appeal form and apply to Oray for retrieve of account. The password retrieve mechanism of Oray is only responsible to identify the correctness of information filled on the appeal form and information recorded by the system, and is unable to identify whether the applicant is the authentic possessor of account or not. Oray will not bear any responsibility for any loss caused by the false appeal of others instead of the User. The User knows that the responsibility to safely keep Oray account and password lies in him/her. Oray will not promise that the User is sure to retrieve the account through appeal after having lost Oray account or forgotten the password.
3.6 To avoid wasting resources and protect legitimate rights of the user, Oray is entitled to reclaim the use of any Oray account which has long been unused since registration and which is registered in bad faith. Thus, the User shall bear the losses including, but not limited to, communication interruption and loss of personal information and mails.
4. Usage of software
The use of this Software by the User is subject to the laws and this Agreement. The User is not entitled to perform, including but not limited to, the following activities:
4.1 The User logs in or uses software and service of Oray by means of a third party’s software or system not developed, authorized or approved by Oray Company; As to software and services of Oray, the User uses plug-ins and outside hanging not developed, authorized or approved by Oray Company.
4.2 Deleting the copyright statements attached to the Software and its copies.
4.3 To reverse engineer, reverse compile or disassemble the Software.
4.4 By using the Software, without the prior written consent of Oray, to use, copy, revise, link to, cite, compile, issue or publish the information of the Software, or to build mirror website of the said information or to develop related derivative products, works, services, plug-ins, compatibility and interconnection by using the Software.
4.5 By using the Software, to publish, deliver, transmit or store any content that contravenes national law, or threatens the national security, reunification of the nation, social stability, or anything that is inappropriate, insulting, defamatory, obscene, violent and against the national laws, regulations and policies.
4.6 By using the Software, to publish, deliver, transmit or store content that infringes other's intellectual property rights or trade secrets.
4.7 To mislead, deceive others by fake identification.
4.8 To issue, deliver or transmit bulk advertisements by using the Software.
4.9 To deliver or transmit files including pictures, photos, software or other materials, which are under the protection of intellectual property law, such as (but not limited to), copyright or trademark laws (or right of privacy or right to publicize), unless the User owns or controls the related rights or have obtained the necessary authorization.
4.10 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 party.
4.11 To take any actions to threaten the security of the network, including but not limited to, use data or enter server/account without permission; enter public networks or private computer and delete, copy, amend or add stored information without permission; without permission, attempt to detect, scan or test the weakness of the Software system or the network or attempt to conduct any other activities to damage the network security system; attempt to intervene with, affect the normal operation of, the Software or the network; intentionally spread malicious programs or viruses, and take other actions to damage or intervene with the normal information service of the network; forge part or all of the titles of TCP/IP packets.
4.12 It is prohibited 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;
4.13 It is also prohibited to apply the Software and services offered by Oray to the running of nuclear facility, sustentation of life or other major equipments putting humans and their belongings in danger. The User understands that the Software and services offered by Oray are not designed for the above purposes and Oray will not bear any responsibility for casualty, grave losses of belongings and destruction of environment due to the above unsuccessful operations arising from the Software and services;
4.14 It is prohibited for the User to make, issue or spread the software aiming to steal Oray account and others’ exclusive information, belongings and confidential information;
4.15 On the premise that Oray Company does not give an explicit written authorization, it is prohibited to sell, lease, lend, spread, transfer or sublicense software and service or relevant links, or gain profits from using software and services or their clauses, no matter whether the above uses aim at direct economic or money earnings;
4.16 It is prohibited to use the Software and other services offered by Oray in any other illegal form, for any illegal purpose or in any form inconsistent with the Agreement;
4.17 If the User breaches the foresaid stipulations, Oray has the right to terminate, suspend in part or in whole, or restrict the functions of the User’s account.
4.18 When using the Software, the User shall comply with the relevant national laws and policies, protect the national interests, safeguard the national security and comply with this Agreement. The User, but not Oray or its Partners, shall be fully responsible for all liabilities resulting from the illegal use of the Software or breach of the Agreement. If the User's misbehavior causes loss to Oray and/or its Partners, Oray and its Partners are entitled to demand the User to provide compensation, cease provision of the service immediately and keep relevant records. Moreover, if the User violates laws or the Agreement and correlative clauses of services stipulated in other services of Oray or Partners by using the Software and Oray account, Oray has the right to take these measures including, but not limited to, interruption of use license, stopping of services, restriction of use, reclaim of the User’s Oray account, legal investigation, etc. considering the nature of the User’s behaviors and without a prior notice to the User. Oray has the right to reclaim the Oray account if the User conducts any illegal activities, harass or deceive other users by using his or her Oray account. Thus, the User shall bear the losses including, but not limited to, communication interruption and loss of personal information, mails and game items.
4.19 Similar to most Internet software, the Software is vulnerable to all kinds of security threats caused by, including but not limited to User operation, network service and social environment, for example, third party may make use of the User's information to cause disturbance to the User's real life; the User may download and install other software containing viruses, such as Trojan Horse, that threaten the security of the User's computer and data and as a result, adversely affect the normal use of this Software. The User should enhance his or her awareness to information security and personal data protection, and be careful in enhancing the protection of his or her password, so as to avoid loss and disturbance.
4.20 All software derived from the Software that are not developed and formally released by Oray or not authorized by Oray, are illegal. It may bring about unpredictable risks to the User who downloads, installs or uses the said illegal software. The User should not download, install or use them. Oray shall not be responsible for any legal liability and disputes arising therefrom. If the User downloads, installs or uses the above-mentioned software, Oray shall be entitled to terminate his or her Oray account without notice.The User should only log in to and use Peanut shell through the Oray software provided by Oray or other legal channels. The User shall not log in to the Oray account by means of software not developed by Oray, including but not limited to the illegal compatible software, programs or other means not expressly authorized by Oray, otherwise Oray is entitled to terminate his or her Oray account without notice.
4.21 The User agrees that personal privacy information means such information that can identify the User or gets involved with personal correspondence, including the following information: the User’s name, ID card no., mobile number, IP address and e-mail. The non-privacy information means the basic recorded information explicitly and objectively reflected at Oray server’s terminal, for example, the User’s operating state to the Software, the use habit, etc., and any other common information outside of personal privacy information. Oray consistently respects the privacy of the User’s personal privacy information and Oray will take reasonable measures to protect the User’s personal privacy information. Except such causes as the laws, request of government departments with power granted by the laws or the User’s consent, Oray will not make the User’s personal privacy information public or disclose them to a third party except Partners without the User’s consent, except the cases that the User selects the option or agrees, or there are additional stipulations regarding the publicity or use of the User’s personal privacy information between the User and Oray as well as Partners. Meanwhile, the User shall hereby bear any possible risk by himself/herself, and Oray bears no responsibility for the risk. At the same time, in order to operate and improve the technologies and services of Oray, we are likely to collect, use the User’s non-privacy information or provide a third party with the information, which helps to offer better experience to the User and improve our service quality.
4.22 In general, Oray may use the User's personal information for the following reasons: (1) to carry out the Software verification service; (2) to upgrade the Software service;(3) to improve the security of the User's use of the Software and provide customer support; (4) because the User uses special functions of Oray Peanut shell, such as remote control, or when the User requests Oray or its Partners to offer particular services, for which Oray or its Partners has to provide the User's information to the relevant third parties; (5) Use all kinds of non-privacy data for commercial purposes 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 (jointly called as “Commercial Activities”); (6) to implement the Privacy Protection Statement of Oray, which is available on the website of Oray; (7) other reasons for the interests of Oray and the user.
4.23 The Software requires all users to use the Software jointly and to maintain the benefit provided by the Software. The User hereby agrees that the Software, when necessary, can make use of the User's resources, such as the processor of the User's computer and the broadband, so that other users of the Software can contact the User and share the benefits and services provided by the Software. The User's consent may affect user's experience and bring about some unpredictable risks. Accordingly, the User should consider it carefully before the User chooses to bear the risks.
4.24 The User agrees that the software will use reasonable effort to protect the User's computer resources and the privacy and completeness of the User's communications via computer. Nevertheless, the User acknowledges and agrees that Oray can not provide any warranty therefor.
4.25 The User may show his/her consent by the following means: (1) clicking “I agree” to accept this Agreement and the terms of service issued by Oray; (2) verbal or written consent via email, telephone, fax or instant message, etc.; (3) not protesting against the articles of "implied consent" in the Agreement or the service statement; (4) other means accepted by Oray and the User.
4.26 Oray reserves the right to disclose any information according to applicable laws, regulations, legal proceedings or the administrative orders, or on its own discretion decide to completely or partly edit, refuse to put up or delete any information or data.
4.27 To replace, modify and upgrade the Software: Oray reserves the right to replace, modify and upgrade the Software at any time and charge fee therefor. The Software activates automatically the function of "upgrade reminder". Depending on the version of the Software, the User may have an option to activate this function or not. After issuing the new version of software, Oray will not guarantee the continuous availability of the former version of the Software. Oray reserves the right to unilaterally change or restrict partial functions of software for the purpose of business development, and the User shall bear the risk.
4.28 According to the development of market and technology, Oray and/or its Partners may provide the User with internet and mobile communication value-added services relating to this Software, with or without charges. Oray and/or its Partners reserve the right to charge fees for the above-mentioned services and the right to change the charging standard and charging method. If the free services become services with charges, Oray and/or its Partners shall notify the User of that in an appropriate way. The User may decide, on his/her own discretion, whether to accept it or not. If the User accepts the services with charges, he or she shall pay fees according to the charging requirements of Oray and/or its Partners. If the User refuses or delays to pay, Oray and/or its Partners reserve the right to terminate the services and claim against the User for losses and damages.
4.29 Oray Company has the right to release all kinds of ads and information for propaganda during or through services and the ads may appear in the form of system message or popup window, etc.
4.30 All software or technologies of other third parties possibly applied in the Software have been legally authorized. Any dispute arising from the software or technology of a third party shall be resolved by the third party, and Oray does not bear any responsibility therefore. Oray does not provide customer service for the third party's software or technology. If the User needs help, please contact the provider of the said software or technology.
5. Legal Liability and Disclaimer
5.1 Permission to Use
5.1.1 Permission to use the User's computer: In order to obtain the benefits provided by the Software, the User hereby permits Oray to use the User's computer processor and the broadband for the sole purpose of allowing other users of the Software to communicate with the User.
5.1.2 Protection of the User's computer resources: the User acknowledges that Oray will use its commercially reasonable effort to protect the User's computer resources and the privacy and completeness of the User's communications via computer. Nevertheless, the User acknowledges and agrees that Oray can not provide any warranty therefor.
5.1.3 It is a kind of network interactive software, and Oray may develop by itself or cooperate with Partners to develop new services or adjust the functions of Software in order to improve software service and experience and consummate the business contents according to the User’s state and behavior of using the Software.
5.2 Oray hereby reminds the User that, in order to reserve the discretionary right of Oray in its business development and adjustment, Oray shall be entitled to amend or suspend the license of the Software at any time and without prior notice to the User. If necessary, the notice of amendment or suspension will be published on Oray's website.
5.3 If the User's breach of this Agreement or relevant terms of service brings about any third party's claims, demands or losses, including reasonable attorney's fee, the User hereby agrees to indemnify and keep Oray and its Partners or affiliated companies indemnified against all losses incurred because of the said claims, demands or losses. Depending on the nature of the User's behavior, Oray has the right to take the measures stated in Article 3.5 of the Agreement and other relevant measures without a prior notice to the User.
5.4 The User shall bear all risks arising from the use of the Software. Oray and its Partners do not provide any warranty in any form for the Software, whether express, implied, or statutory warranty and condition, including but not limited to its merchantability, fitness for a particular purpose, virus-free, negligence-free, or free from technical defect, or that the Software is properly owned and does not infringe any existing rights. Oray and its Partners bear no responsibility for any direct, indirect, incidental, particular and subsequent loss and risk because of the use of the Software or failure to use the same in any circumstances.
5.5 The use of the Software involves the Internet service, which may be affected by various unstable factors; Since the service may be suspended or blocked because of force majeure events, computer virus, hacker attack, instability of the system, the location of the User, User switching off the computer, illegal information and blocking of the harassing information, as well as other issues related to the network, technology, communication circuit and information security management, there is a risk that the User's demand may not be met. The User must understand and bear these risks solely and Oray and its Partners bear no liability if the User is unable to send, accept or read information, or sends or receives wrong information because of the said risks.
5.6 When using the Software, there is a risk that the User may receive some threatening, defaming, annoying or illegal information from anonymous or imposturous source. The User must be aware of and bear these risks and Oray and its Partners do not warrant that any of the said information is true, proper and legal.
5.7 Oray and its Partners bear no liability for the User's all possible loss due to a third party's communication error, technical problem, network or computer failure, system instability, or other force majeure events.
5.8 In case the normal operation of the service is affected by force majeure events, like technical failure, Oray and its Partners agree to cooperate with related parties promptly to solve the problem. Nevertheless, Oray and its Partners bear no responsibility for the User's all possible loss arising therefrom.
5.9 If the User suffers any psychological, physical damage or economic loss from being misled or deceived when communicating with other users, it is the wrongdoer, but not Oray or its Partners, who shall bear all the responsibilities.
6. Other Articles
6.1 Integrality of Agreement: the Agreement and Use Agreement and License Terms of software or technologies authorized by a third party jointly compose an integrated agreement of the “Software” and its supporting services.
6.2 The invalidity of any or part of the articles of this Agreement does not affect the validity of other articles.
6.3 All titles of the Agreement are only for attention and convenient reading and without actual meanings, which cannot serve as the basis of interpreting meanings of the Agreement.
6.4 This Agreement is signed in Shanghai. Laws and regulations of People’s Republic of China are the governing law for the interpretation of, validity of and settlement of disputes arising from this Agreement. When any dispute or controversy arises between Oray and the User, the two parties shall resolve the same through friendly negotiation; if the negotiation fails, the User hereby agrees that the dispute or controversy shall be resolved in the court located in the jurisdiction where Oray resides (Shanghai).
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