This Agreement is a legal agreement between you (hereinafter referred to as “You” or “Your”) and Jiubang Digital Technology Co., Ltd, Guangzhou (hereinafter referred to as “Jiubang Digital”) regarding your downloading, installation and use of Jiubang Digital’s GO Keyboard mobile software(hereinafter referred to as “GO Keyboard”) and related services.
YOUR DOWNLOADING, INSTALLATION, USE OF, AND OTHER ACCESS TO GO KEYBOARD IS CONDITIONED ON YOUR ACCEPTANCE AND COMPLIANCE WITH THE TERMS OF THIS LICENSE AGREEMENT. Jiubang Digital has the right to modify the terms of this Agreement regarding the updates of GO KEYBOARD. You can check the modified version of this Agreement from GO Keyboard or the official website. You understand and agree that if you continuously use GO Keyboard after the date on which these terms have changed, Jiubang Digital will treat your use as acceptance and compliance with the updated terms.
1 INTELLECTUAL PROPERTY POLICY
1.1 GO Keyboard is developed by Jiubang Digital independently. You acknowledge and agree that Jiubang Digital retains all copyrights, trademarks, patents, business secrets, including all intellectual property rights and any other related rights, titles, and interests. GO Keyboard and the related information including but not limited to written expression and combination, icons, decorative pictures, tables, colors, user interface, framework, related data, printing materials, or electronic documents, are protected by Copyright, Trademark, Patent, Anti-unfair Competition Law of People’s Republic of China (hereinafter referred to as “PRC”) and relevant international agreements and other intellectual property laws and regulations.
1.2 You may not (and you may not permit anyone else to) take actions directly or indirectly that infringe or may infringe intellectual property rights and related interest of Jiubang Digital (including but not limited to exploiting, assigning the referenced intellectual property rights above or permitting anyone else to do so). Jiubang Digital reserves the right to charge the tort liabilities.
1.3 You may not (or entrust a third party), whether on non-profit purpose or not, reverse engineer, decompile or attempt to derive source code of GO Keyboard, or create derivative works of product, services, plugins, extensions, compatibility, interconnection behaviors, etc. Jiubang Digital reserves the right to charge the tort liabilities, unless you have been granted by Jiubang Digital, in writing.
2 SCOPE OF LICENSE
2.1 Jiubang Digital gives you non-exclusive, non-assignable license to download, install and use GO Keyboard. In no way can the users use it for commercial use.
2.2 You may not use GO Keyboard in a way that may lead to damage, suspension, overloading or quality reduction to GO Keyboard (or server and internet connected to GO Keyboard), or in the way that may affect the product and services provided to any other users.
2.3 You have precisely read and agree to the agreement and statements published by Jiubang Digital. You promise not to copy, grant a sub-license, share or sell GO Keyboard or related service. You are fully responsible for any fees created by or rising from own factors. Jiubang Digital does not assume any liability.
2.4 Rights reserved. Jiubang Digital reserves all rights not expressly granted to you. You are required to obtain additional consent to user other software.
3 NOTICE TO END USERS
3.1 GO Keyboard will not modify Android system or other existing application settings unless your consent to do so. “GO UI” can be used to help you to discover new mobile applications or games. You can restore to Android default home screens settings by either exit or uninstall GO Keyboard .
3.2 You agree to use GO Keyboard in a manner permitted by this Agreement, and are solely responsible for any breach of your obligations under national laws and regulations, related policies, or this Agreement and for the consequences (including the lost and damages to GO Keyboard and any third-parties ) of any such breach. You have not right to conduct following behaviors (including but not limited to):
3.2.1 Delete copyright information, content on GO Keyboard or other copies
3.2.2 Reverse engineer, decompile or extract the source code of GO Keyboard
3.2.3 Conduct any behaviors that jeopardize computer network security, including but not limited to: use unauthorized data or unauthorized access to server/account；enter public computer network or other’s computer system to delete, modify, add stored information without permission; attempt to search, scan, test GO Keyboard system, Internet leak, or other behaviors breaking internet security; attempt to interfere, damage GO Keyboard system or website normal running, deliver the malwares or virus intentionally to damage normal internet information service; forge (part of) names of TCP/IP package
3.2.4 Sell, rent, loan, deliver, transfer or sub-license GO Keyboard and services, or related links, or benefit from using GO Keyboard and the services, or barely benefit from the agreements, regardless of whether the use above brings direct economic gain or pecuniary gain
3.2.5 Use GO Keyboard and other services provided by Jiubang Digital in any illegal ways, for any illegal purposes, or in any other ways conflicting with this Agreement
3.2.6 Jiubang Digital reserves the right to terminate, fully or partially suspend, limit functional features of user’s account, without prior notice, if the user has breached under the terms of this Agreement.
3.3 Jiubang Digital does not assume any liability for any loss of profits or loss of data arising from the special, malicious, indirect or similar damages (but not limited to damages) due to your us3e of GO Keyboard.
3.4 We use third-party advertising companies to serve ads when you visit our Web site. These companies may use aggregated information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, please see: http://www.networkadvertising.org/managing/opt_out.asp
GO Keyboard provides a charging lock screen to replace your original lock screen when you charge up your mobile. If you want your original lock screen back, you can cancel the charging lock screen by clicking on the button that is at the top right-hand corner of it.
6 LIMITATIONS OF LIABILITIES AND DISCLAIMER
6.1 You acknowledge and agree that GO Keyboard and related services may have potential risks like service interruption, failure to respond to users’ requests, due to force majeure, mobile communication terminal virus or hacker attack, system instability, user physical location, phone power off, and other reasons concerning technology, telecommunication lines. In no event shall Jiubang Digital be liable for any risks stated above.
6.2 Jiubang Digital is not liable for any losses to users arising out of telecommunication line breakdown, technical problems, internet, mobile communication terminal failures, system instability and any other force majeure.
6.3 In view of business development and adjustment, Jiubang Digital reserves the right to amend or terminate services without prior notice to users at any time, and Jiubang Digital is not liable for users and any other third-parties when executing this right.
6.4 GO Keyboard which is not officially released or authorized by Jiubang Digital and the derivative works of GO Keyboard are illegal. User’s downloading, installation, and user this software may lead to unexpected risk. Jiubang Digital is not liable for any legal liabilities, issues arising from it.
6.5 You agree to the most extent under applicable law, Jiubang Digital owns other disclaimer rights not listed in this agreement.
7.1 You have the right to fully and permanently remove GO Keyboard from your mobile device at any time and terminate this Agreement.
7.2 Unless Jiubang Digital unilaterally terminates this Agreement or you terminate this agreement as above, this agreement and the terms (including the updated agreement following) will remain effective.
7.3 Your right will be terminated automatically if you breach any obligations stated in this Agreement. Jiubang Digital and any other third-parties have on need to send your additional notice.
7.4 The termination of this Agreement will not affect the obligations and liabilities users should assume before the termination.
8.1 You agree that if Jiubang Digital does not exercise or enforce any legal right or regulations, this will not be taken to be a formal waiver of Jiubang Digital’s rights and Jiubang Digital has the right to continuously exercise or enforce the right or regulation.
8.2 Without written authorization from other side, user may not assign or transfer the rights granted by this Agreement, or assign the designated responsibilities and obligations to others.
8.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from the Agreement without affecting the rest of the terms. The remaining provisions of the Agreement will continue to be valid and enforceable.
8.4 The validity and interpretation of this Agreement is applicable to laws of the People’s Republic of China. If any provision in this Agreement conflicts with PRC Laws, the provision should be re-interpreted in accordance with relevant laws. The invalidity or re-interpretation of these provisions will not affect the validity and enforcement of the remaining provisions. Both Jiubang Digital and users agree to resolve the issues arising from this Agreement through consultation. If consultation fails, either side can submit settlement of lawsuits to competent court in Guangzhou where Jiubang Digital located.
8.5 Jiubang Digital reserves the final interpretation right on this Agreement.