Terms of Use

Last update: April 20th, 2018



BY ACCEPTING DELIVERY OF THE SOFTWARE AND/OR SERVICES, YOU (HEREINAFTER “User”) ARE EXPRESSLY AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS ARE CONSIDERED AN OFFER BY UCWEB, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. UCWEB IS WILLING TO MAKE THE SOFTWARE AVAILABLE TO USER ONLY UPON THE CONDITION THAT USER ACCEPTS THE TERMS OF THIS AGREEMENT. WRITTEN APPROVAL IS NOT A PREREQUISITE TO THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT.

TERMS OF USE

This Terms of Use (the “Agreement”) is between User and UCWeb. This Agreement governs User’s use of the Software provided to User by UCWeb, including any releases of or to the Software that User may receive from UCWeb, together with the documentation included therewith.

DEFINITIONS. For purposes of this Agreement, the following terms will have the following meanings:

LICENSE. Subject to the terms and conditions of this Agreement, UCWeb hereby grants User a limited, non-exclusive, non-transferable, non-sublicensable license to use the Services and to install and Use the Software supplied to User hereunder, as installed on User’s personal handheld device, or on handheld devices within User’s organization.

LICENSE RESTRICTIONS AND THIRD-PARTY SOFTWARE.

3.1 User shall not and shall not allow any third party to:

3.2 Third-Party Software is subject to separate terms and conditions included with, or contained in the setup installation segments of such Third-Party Software. The license restrictions contained in this Agreement do not apply to Third-Party Software to the extent they are inconsistent with such Third-Party Software terms. UCWeb shall not be responsible for any Third Party Software.

USE OF SERVICES

4.4 By using the Software or the Service, you further agree that:

8.1. Processing

8.2. Purposes

8.3. Transfer

We may share some information under some circumstances. UCWeb will never disclose, share, or distribute an personal data to any third party except where required by law or regulation. If UCWeb is involved in any merger, acquisition or asset sales, we will keep your information confidential and inform affected users before we transfer any personal information.

8.4. Exemption Clauses

The above personal information shall not be publicized, edited or disclosed without lawful authorization by the user unless the publication, the editing or the disclosure is done- (1) In accordance with national laws, regulations or rules; or (2) For enforcement of applicable terms of use (including the investigation of possible breaches of terms); or (3) For detection, prevention or processing fraudulence, safety or technical problems. The protection of your rights shall be extended to the extent failure to protect is the result of any following Force Majeure events, and you will be timely informed of- (1) Hacking attacks; (2) Significant impacts caused by telecom operators; (3) Network or website closure caused by governmental regulations; (4) Virus attacks; (5) Events (for example, natural disasters, acts of war or terrorism) that are unforeseen or irresistible beyond reasonable control.

LIMITATION OF LIABILITY. IN NO EVENT SHALL UCWEB BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION: DAMAGES FOR INTERRUPTION OF BUSINESS, LOST DATA, LOST PROFITS, OR THE LIKE) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF UCWEB ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNT PAID TO UCWEB IN RESPECT OF THE SOFTWARE GIVING RISE TO THE CLAIM OR IF NO FEES WERE PAID THEN FIVE HUNDRED EUROS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING EXCLUSION AND LIMITATION MAY NOT APPLY TO USER. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN. IN NO EVENT WILL ANY SUPPLIER TO UCWEB HAVE ANY LIABILITY TO USER UNDER THIS AGREEMENT. THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN USER AND UCWEB. UCWEB WOULD NOT PROVIDE THE SOFTWARE TO USER ABSENT SUCH LIMITATION.

NOTICES. All notices required under this Agreement will be given as follows: (a) in the case of notices to UCWeb, by email, such notice to be deemed effective upon receipt by UCWeb; and (b) in the case of notices to User, by email to the email address that User provided to UCWeb prior to initiating the download of the Software or start of the Services, such notice to be deemed effective upon the earlier of (i) twenty-four (24) hours after sending, or (ii) User’s actual receipt of any such e-mail. UCWeb can be contacted via: Email: help@idc.ucweb.com Working Time: Monday - Friday (CST 09:30 AM to 18:00 PM)

INJUNCTIVE RELIEF. User acknowledges and agrees that the Software and Services contain valuable trade secrets, confidential information and proprietary information of UCWeb. User further acknowledge that any actual or threatened breach or violation of Section 2 or Section 3 of this Agreement will constitute immediate, irreparable harm to UCWeb for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for any such breach or violation.

GENERAL. User acknowledges and agrees that the Software may contain cryptographic functionality the export of which is restricted under applicable export control law. User will comply with all applicable laws and regulations in User’s activities under this Agreement. User will not export or re-export the Software in violation of such laws or regulations or without all required licenses and authorizations. This Agreement will be governed by the laws of China without giving effect to any conflicts of law principles that may require the application of the laws of a different country. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. All actions or proceedings arising under or related to this Agreement must be brought in Guangzhou Arbitration Commission, and each party hereby agrees to irrevocably submit to the jurisdiction and venue of any such court in all such actions or proceedings. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall not be affected or impaired thereby. User may not assign or transfer this Agreement without obtaining UCWeb’s prior written consent, and any purported assignment or transfer in violation of this Section 12 will be null and void. UCWeb may update the terms of this Agreement if and when User install and update or upgrade to the Software and/or Services. User will be responsible for all of User’s access and data charges from User’s Internet service provider or mobile operator. You will be eligible to use the Service and Software only if you have attained at least 18 (eighteen) years of age, or have obtained appropriate consent from your legal guardian.

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