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Neotroni Lighting Inc. Service Agreement

Welcome to use the related services of Neotroni Lighting Inc.!

Before accepting this Agreement, please be sure to read all the contents of this Agreement carefully and fully understand the terms and conditions, especially the limitation or exemption clauses, which will be reminded in bold or other conspicuous form. If you have any questions about the terms of this agreement, please contact the relevant business department of Hema Technology for inquiries. Unless you have read and accepted all the terms of this Agreement and related agreements, rules, etc., you have no right to use the Service. Once you select "Agree to the Agreement and Submit" (see the registration page for specific wording) and complete the registration process, or you use the Service in any way, you are deemed to have read and agreed to be bound by the above agreements, rules, etc.

If you have any violation of this agreement, Neotroni has the right to unilaterally take measures such as restricting, suspending or terminating the services provided to you at any time according to your violation, and has the right to investigate your relevant responsibilities.

This service agreement (hereinafter referred to as "this Agreement") is jointly signed by you and Neotroni Lighting Inc. (hereinafter referred to as "Neotroni"). This includes, but is not limited to: ECO-Link Privacy Policy, etc. If there is any change, Neotroni will make an announcement in the form of a message sent in the licensed software without prior notice. The amended Agreement and Rules will automatically become part of this Agreement upon publication without prior notice to you. If you do not agree to the relevant changes, please stop using the services of Neotroni immediately; If you continue to use it, you will be deemed to have no objection to the revised rules and agree to abide by them.

1. Definition of terms

1.1. Licensed software: refers to the software system provided by Neotroni for you to download and install and use in the limited system mobile terminal.

1.2. Services: services provided to you by Neotroni and its suppliers. You can use the Services on your mobile device through the Licensed Software.

2. Services

2.1. Neotroni and its suppliers provide you with smart life equipment management services, you can connect to the intelligent terminals supplied by Neotroni to supply ECO-Link platform through Neotroni, and realize the linkage between smart devices. The service content includes smart device management, scene linkage, analysis reports, etc., and these functional services may be optimized or modified according to the changes in your needs or the unilateral judgment of the service provider, and may also temporarily stop providing services due to regular or irregular maintenance.

3. Scope of Services

3.1. Subject to this Agreement, Neotroni gives you a right to use the licensed software.

3.2. You may not license, sell, lease, transfer, distribute or otherwise commercially exploit the Licensed Software in any form.

3.3. Due to the limitations of the Licensed Software adaptation platform and terminal, you can only use the Licensed Software on the authorized system platform and terminal, if you install the Licensed Software on other terminal devices, it may cause damage to your hardware or software functions.

3.4. You understand that the Licensed Software may only be used for non-commercial purposes, and that the Licensed Software may not be installed, used, or operated for commercial purposes.

3.5. Yaowei and its suppliers will change, upgrade or transfer the licensed software and its related functions from time to time, and may add new functions or services to the licensed software system. If there is no independent agreement for the above-mentioned new functions and services, you can still obtain the authorization of the corresponding functions and services, and this Agreement shall apply.

3.6. You shall be responsible for the accuracy, reliability, completeness and legality of the data entered and the legality of the way in which you obtained the data, and shall regularly back up the data, data, etc. You assume the entire risk of damage to or loss of such data.

3.7. You should keep your account and password properly, and if you find that your account has security risks (including but not limited to the leakage of user passwords), you should notify Neotroni Lighting Inc. in time, and Neotroni will assist you to take relevant measures. Otherwise, you are responsible for all actions under your account, and you bear all responsibilities.

4. Third Parties

4.1. You have been aware that some of the services provided by Yaowei and its suppliers may be obtained based on the software or services provided by a third party, which is set up for your convenience and is legally authorized by the third party.

4.2. The Product contains some information and services of third parties. Yaowei and its suppliers do not control the information and services of third parties.

4.3. You understand that Neotroni and its suppliers cannot guarantee that the licensed software will permanently use or include such third-party services, nor can they guarantee whether they will continue to use other software or services provided by the same third party in the future, and may also use similar services of other third parties.

5. Service Specifications

5.1. You shall regulate the use of the Licensed Software, which is in violation of the Usage Specifications in the following ways: 1) publish or share computer viruses, worms, malicious code, software that deliberately destroys or alters computer systems or data;  2) Collecting information or materials from other users, such as email addresses, without authorization;  3) Use this product in an automated manner to maliciously overburden, or otherwise interfere with or damage the website server and network links;  4) Attempt to access the server data or communication data of this product without authorization;  5) Interfere with or disrupt the use of other users of this product.

5.2. You understand and agree that: 1) Yaowei will determine whether you are suspected of violating the above usage specifications, and suspend or terminate your use license or take other restrictive measures that can be taken in accordance with the agreement.  2) For the information that is suspected of violating the law or infringing the legal rights of others or violating this agreement published when you use the licensed software, Yaowei will directly delete it.  3) If you violate the above usage specifications and cause damage to any third party, you need to independently bear legal responsibility in your own name, and should ensure that Neotroni is protected from losses or increased costs arising therefrom, otherwise Neotroni has the right to recover from you.  4) If you violate the relevant laws or the provisions of this agreement, causing Yaowei and its suppliers to suffer any losses, you shall compensate Yaowei and its suppliers for the losses and/or expenses incurred thereby.

6. Specification of information content

6.1. You undertake not to use the Services to engage in any illegal or improper activities, including but not limited to the following:

6.1.1. Upload, transmit or share information that contains one of the following: 1) Opposition to the basic principles established by the Constitution;  2) Endangering national security, divulging state secrets, subverting state power, or undermining national unity;  3) Harming the honor and interests of the state;  4) Inciting ethnic hatred, ethnic discrimination, or undermining national unity;  5) Undermining national religious policies, advocating cults and feudal superstitions;  6) Spreading rumors, disrupting social order, and undermining social stability;  7) Disseminating obscenity, pornography, gambling, violence, murder, terror or instigating crimes;  8) Insulting or slandering others, infringing on the legitimate rights of others;  9) Contains false, fraudulent, harmful, coercive, invasion of privacy, harassment, infringement, slander, vulgarity, obscenity, or other morally objectionable content;  10) Contains other content that is restricted or prohibited by applicable laws, regulations, rules, ordinances and any legally effective norms.

7. Privacy Policy and Data

7.1. The protection of your personal information is important to Neotroni. Neotroni has formulated the "ECO-Link Privacy Policy", which makes important disclosures on the ownership and protection of intellectual property rights, the collection, use, sharing, storage, and protection of your information. We recommend that you read the ECO-Link  Privacy Policy in its entirety.

8. Disclaimer

8.1. Except as expressly provided by laws and regulations, Neotroni will do its best to ensure that the licensed software and the technology and information involved in it are safe, effective, accurate and reliable, but limited by the existing technology, Neotroni cannot guarantee this.

8.2. You understand that Neotroni cannot be held liable for your direct or indirect losses caused by force majeure and third-party reasons.

8.3. You shall be solely responsible for personal injury or incidental or indirect damages arising out of or in connection with any of the following circumstances: 1) unauthorized use of the Licensed Software or alteration of your information by a third party;  2) Expenses and losses arising from the use of the licensed software;  3) your misunderstanding of the Licensed Software;  4) Other losses related to the licensed software not caused by Neotroni.

8.4. Any other software derived from the licensed software that is not developed by Neotroni or developed and officially released by Neotroni is illegal, and downloading, installing, and using such software may lead to unpredictable risks, and the legal liabilities and disputes arising therefrom have nothing to do with Neotroni, and Neotroni has the right to suspend or terminate the use of the license and/or all other services.

8.5. You are aware that the use of Neotroni to supply the ECO-Link platform involves Internet services, which may be affected by unstable factors in all aspects, and that the service may be affected by the inherent defects of the Internet and electronic communications and the time beyond the reasonable control of any party to this Agreement (including but not limited to fire, flood, terrorist attack, plague, natural disaster, riot, terminal virus, hacker attack, network failure, terminal failure) due to suspension, interruption, delay, restriction of use, or inability to use. You hereby deliberately assume the above risks, and agree that Neotroni shall not bear any responsibility to you when the actual occurrence of the above risk events affects the normal operation of the service.

9. Termination of Agreement and Liability for Breach of Agreement

9.1. You shall understand that you need to use the Licensed Software within the scope of authorization, respect the intellectual property rights of the Licensed Software and the content contained in the Licensed Package, use the Licensed Software in accordance with the specifications, and perform your obligations in accordance with this Agreement. If you seriously violate this agreement, Neotroni will terminate your license and require you to bear the corresponding responsibilities.

9.2. Your use of the licensed software depends on the supporting services provided by Yaowei and its suppliers, if you violate the terms, agreements, rules, notices and other relevant provisions with Yaowei and its suppliers, you may not be able to use the licensed software normally, and Yaowei will terminate the license or take restrictive measures on your license and other controllable rights and interests in the manner agreed in the agreement, including suspending or terminating your license.

9.3. Once you violate this agreement or other agreements signed with Neotroni, Neotroni and its suppliers have the right to take restrictive measures against your rights and interests, including suspending or terminating the provision of part or all of the services to you, and publicizing your breach of contract on the website operated or actually controlled by Yaowei and its suppliers in accordance with the law.

9.4. The licensed software is downloaded and obtained by you from the download platform, and you need to comply with the agreement of the download platform, system platform, and terminal manufacturer on the way and restrictions on your use of the licensed software.

9.5. Upon termination of this License, you shall cease all use of the Licensed Software and destroy all copies.

9.6. If you violate the terms of this agreement and cause losses to Yaowei and its suppliers or other users, you must bear full liability for compensation.

10. Governing Law and Severability

10.1. The validity, interpretation, modification, execution and dispute resolution of this Agreement shall be governed by the laws of the Republic of China or, in the absence of relevant laws, general international business practices and/or industry practices.

10.2. Disputes arising out of or in connection with this Agreement may be resolved through friendly negotiation with Neotroni or submitted to the local court with jurisdiction in the place where this Agreement is signed for adjudication.

10.3. When any provision of this Agreement is ruled to be invalid by a local court of competent jurisdiction, it shall not affect the validity of the other provisions or any part thereof, and you and Neotroni shall still perform in good faith.

10.4. This Agreement is signed at Neotroni Lighting Inc. (No. 7 38, Section 3, Zhongqing Road, Daya District, Taichung City).

© 2017 Neotroni Lighting Inc.  All Rights Reserved.

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