Service Agreement for AmerTac’s Westek Brand Smart Platform
Before accepting the Agreement, you are to thoroughly read all contents of the Agreement, and fully know its terms, especially restrictive clauses or exceptions. Restrictive clauses or exceptions are bold or highlighted. Please contact the Customer Service department at AmerTac with any questions. You are not allowed to use the service before you have read and accepted all terms of the Agreement, relevant agreements and rules, etc. Once you select "agree and submit the Agreement" (see registration page for detailed verbiage) and complete the registration procedure, or you use the service in any form, it will be deemed that you have read and agreed with the restrictions of the Agreement and rules above. In case of a breach of the Agreement, AmerTac has the right to unilaterally restrict, suspend or terminate the service for you, and has the right to investigate your relevant responsibilities.
- Definitions of Terms
1.1 Licensed software refers to software system developed by AmerTac’s Westek Brand, downloaded from the platform, and installed and applied in specified system mobile terminals.
1.2 Services refer to services provided for you by AmerTac’s Westek Brand. You can use such services on the mobile terminal with the licensed software.
2.1 AmerTac’s Westek Brand offers you intelligent life equipment management services, based on which you can access to the intelligent terminal on Westek Cloud Platform through the Westek Control, and realize interlinkage among intelligent equipment. Service contents include intelligent equipment management, scene interlinkage and analysis report, etc. Such functions may be optimized or modified according to changes of users' demands or judgment of service supplier, and service supply may be suspended due to regular and irregular maintenance.
III. Scope of Service
3.1 AmerTac’s Westek Brand grants you with the right to use the product based on this software.
3.2 You are prohibited to license, sell, lease, transfer, issue the product in any form, or use the product for other commercial purpose. 3.2 Due to limitations on software adaptation platform and terminals, you can only use the licensed software in the authorized system platform and terminal; if you install the licensed software on other terminal equipment, it may damage your hardware or software function.
3.3 You acknowledge that the licensed software can only be used for non-commercial purpose and installation, application and running of the licensed software is prohibited. If such commercial operation is necessary, prior written authorization and permission from AmerTac shall be obtained.
3.4 AmerTac may change, upgrade or transfer the licensed software or relevant functions from time to time, and may add new functions or services in the licensed software system. If no separate agreements are accompanied with the aforesaid new functions or services, you are entitled to the corresponding functions and services, which is also subject to the Agreement.
3.5 You shall be responsible for the accuracy, reliability, integrity and legality of input data and legality of the way in which you obtain the data, and shall back up data and information from time to time. You shall bear all risks for damage and loss of such information.
3.6 You shall properly keep your account number and password. In case of any safety loophole for your account (including but not limited to divulgence of user password), you shall notify AmerTac, and AmerTac will assist you in taking relevant measures. Otherwise, all behaviors related to your account shall be assumed by you and you will bear all responsibilities.**
- A Third Party
4.1 You acknowledge that certain services of AmerTac is based on software or services provided by a third party. Such service is set to facilitate your application and necessary legal authorization is obtained from the third party.
4.2 The product includes certain information and services of the third party. AmerTac neither controls nor bears responsibility for information and services of the third party.
4.3 You acknowledge that AmerTac cannot guarantee that the licensed software always uses or contains such services, or that other software provided by the same third party will be used in future. Likewise, it may use similar services supplied by another third party. Upon application, the aforesaid corresponding software or services are subject to this Agreement.**
- Service Application Standard
5.1 You shall use the licensed software in a normal manner. The following ways are in breach of the application standard:
1) Issue or share computer virus, worms, malicious codes, or software that deliberately damages or changes computer system or data;
2) Collect information or data of other users without authorization, for example, email address and the like;
3) Maliciously use the product in an automatic way, causing over load to the server, or interfere with or damage web server and network links in other forms.
4) Attempt to visit server data or communication data of the product without authorization;
5) Interfere with or damage the production application by other users.
5.2 You understand and agree that:
1) AmerTac will determine whether or not you are involved in violation of standards above, and suspend or terminate your application license according to determination results or take other restrictions according to agreements.
2) AmerTac will directly delete information in breach of laws, or infringing others' legal rights, or in breach of the Agreement issued by you when using the licensed software.
3) If a third party suffers from damage due to your breach of application standards, you shall independently bear legal responsibility in your name, and protect and indemnify AmerTac from losses or additional expenses generated therefrom. Otherwise, AmerTac has the right to claim compensation.
4) If AmerTac suffers from any loss due to your breach of relevant laws or the Agreement, you shall compensate AmerTac for losses and (or) expenses generated therefrom.
- Information Content Standard
6.1 You promise that you will not conduct any act in breach of laws or improper behaviors by using the service, such act and behavior include (but not limited to):
6.1.1 Uploading, transferring or sharing information containing one of the following contents:
1) Opposing the basic principles determined in the Constitution;
2) Endangering state safety, disclosing state secret, subverting state power and sabotaging state unity;
3) Damaging state honor and benefit;
4) Inciting national hatred and discrimination and sabotaging national unity;
5) Destroying religious policy of the state and advocating heresy and feudalistic superstition;
6) Spreading rumors, disturbing social order and destroying social stability;
7) Spreading obscenity, porn, gambling , violence , murder and terror or abetting a crime;
8) Insulting or slandering others and infringing on the legal rights and interests of others;
9) Containing contents of sham, defraudation, harm, threat, infringement to others' privacy, harassment, infringement, slander, coarseness, indecency, or morally repulsive contents;
10) Containing other contents restricted or forbidden by applicable laws, regulations, rules, provisions and other legal standards.
VII. Private Policy and Data
VIII. Exception Clauses
8.1 Unless otherwise specified in laws and regulations, AmerTac will do its best to ensure the security, validity, accuracy and reliability of the licensed software and technologies and information involved, but AmerTac is unable to guarantee the same due to restriction by available technologies nowadays.
8.2 You understand that AmerTac will not assume responsibility for direct or indirect losses caused by force majeure and default of a third party.
8.3 You shall be responsible for personnel injury or incidental or indirectly injury caused by or related to one of the following accidents: 1) A third party uses the licensed software or changes your data without permission; 2) Expenses and losses produced by using the licensed software; 3) Your misunderstanding of the licensed software; 4) Other losses related to licensed software caused by reasons not attributable to AmerTac.
8.4 Any other licensed software-derived software not developed and released by AmerTac or the development and release are not granted by AmerTac is illegal software. Downloading, installing and using such software may cause unpredictable risks. AmerTac shall be free from legal responsibilities and disputes generated therein and AmerTac shall have the right to suspend or terminate application license and/or other all services.
8.5 You have been informed of that the usage of AmerTac’s Westek Brand Smart Platform involves in Internet service, which may be affected by unstable factors in all links. Although AmerTac has taken safeguard measures, the service may be suspended, terminated, delayed, suffered from application restriction or application failure due to inherent defects of Internet and e-communication as well as factors beyond reasonable control of any party to the Agreement (including but not limited to fire, flood, terrorist attack, pestilence, natural disasters, riot, terminal virus, hacker attack, network fault and terminal fault). You hereby agree to bear foregoing risks and agree that AmerTac is free from any responsibility when normal running of services are influenced by the occurrence of foregoing risks.
- Agreement Termination and Breach of Agreement
9.1 You should understand that you shall use the licensed software according to authorization scope, respect intellectual property of software and contents contained in the software, and perform obligations according to the Agreement when using AmerTac’s services. AmerTac will terminate the application license if you are in material breach of the Agreement.
9.2 Your application of the software relies on supporting services supplied by AmerTac’s related companies. Breach of terms, agreements, rules, annunciation and other relevant regulations of AmerTac and its related companies may cause failure in normal usage of licensed software, in which case, AmerTac shall be entitled to terminate the application license, or take measures to restrain your application license or other rights and interests controlled by AmerTac as agreed in the Agreement, including suspension or termination of your application license.
9.3 In case of your breach of the Agreement or other agreements signed with AmerTac shall have the right to notify the related companies, requiring them to take restrictive measures to your rights and interests, including requiring related companies to suspend or terminate supplying part or whole services for you, and legally announce your breach of agreement on websites run or actually controlled by them.
9.4 The licensed software is downloaded from the downloading platform and you shall abide by stipulations of the download platform, system platform and terminal manufacture on application ways and restrictions of the licensed software. If the above mentioned third party confirms that you are in breach of the agreement and AmerTac’s treatment is required, AmerTac may terminate your application license at the third party's request.
9.5 When the application license terminates, you shall stop using the licensed software and destroy all copies.
9.6 You must bear all compensation responsibilities if AmerTac and other users suffer from losses caused by your breach of terms in the Agreement.
- Governing Laws and Severability
10.1 All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Pennsylvania without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or relating to this Agreement or the transaction contemplated hereby shall be instituted in the federal or state courts of the State of Pennsylvania for Lehigh County and each party irrevocably submits to the exclusive jurisdiction of such courts in any such legal suit, action or proceeding. Service of process, summons, notice or other document by certified mail to such party’s address set forth herein shall be effective service of process for any suit, action or other proceeding brought in any such court.
10.2 If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.