Agreement on Software License and Service of NSecsoft Ping32
Welcome to use Ping32 and relevant services of NSecsoft.
You must read and comply with the Agreement on Software License and Service of NSecsoft Ping32 (hereinafter referred to as the “Agreement”), the NSecsoft Service Agreement to use Ping32 (hereinafter referred to as the “Software”) and relevant services. Please carefully read and fully understand the content of each term, in particular the terms with respect to exemption or limitation of liability, and any separate agreement to activate or use some specific services, and choose to accept them or not. You may be prompted for the terms exempting or limiting liability in bold form.
You may not download, install or use the Software and related services unless you have read and accepted all the terms of this Agreement. Your downloading, installation, use, acquisition of Ping32 and other similar acts shall be deemed that you have read and agreed to be bound by the Agreement.
I. Scope of the Agreement
1.1 Parties to the Agreement
This Agreement is entered into by and between you and NSecsoft regarding your download, installation, use, copy of the Software and your use of related services of NSecsoft.
1.2 Agreements’ Relationship and Conflicting Terms
This Agreement is regarded as a supplementary agreement of the Ping32 Service Agreement(link:http://www.nsecsoft.com/contract.shtml . In case of change of link address, the content corresponding to the changed link address shall prevail; in case of change of other link addresses, the foregoing provisions shall apply.). It is an integral part to the foregoing agreement and rules and constitutes a unified whole with such agreement and rules. In the event of any conflict between the Agreement and the NSecsoft Service Agreement , this Agreement shall prevail.
This Agreement also includes relevant agreements, business rules and other contents of the Services that NSecsoft may publish from time to time. Once any of such contents is officially published, it constitutes an integral part of this Agreement, with which you should also comply.
II. The Services
2.1 Contents of the Services
The content of the services refers to a software license and service provided by NSecsoft for enterprise users to manage enterprise network(hereinafter referred to as the “Services”).
2.2 Form of the Services
2.2.1 2.2.1 You need to download Ping32 client to use the Services. NSecsoft grants you a non-transferable and non-exclusive license for the Software. You may only use the Software and Services for the purpose of accessing to or using the Services.
2.3 Scope of License of the Services
2.3.1 NSecsoft grants you a personal, non-transferable and non-exclusive license to use the Software.
2.3.2 You may make a copy of the Software for using the Software and Services, and shall only use the copy as a backup. The copy must contain all the copyright information contained in the original Software.
2.3.3 NSecsoft reserves all other rights not expressly authorized by this Article 2.3 and other terms of this Agreement. You shall separately obtain NSecsoft’s written permission for exercise of such rights. NSecsoft’s failure to exercise any of the above-mentioned rights does not constitute a waiver of such rights.
III. Acquisition of the Software
3.1 You can obtain the Software directly from NSecsoft’s website or a third party authorized by NSecsoft.
3.2 If you obtain the Software or any installation program with the same name as the Software from any third party without authorization by NSecsoft, NSecsoft cannot guarantee that the Software can be used normally and therefore takes no responsibility for any loss caused to you.
IV. Installation and Uninstallation of the Software
4.1 NSecsoft may develop different versions of the Software for different requirements. You should choose an appropriate version for installation according to the actual condition.
4.2 After downloading the installer, you need to follow the steps suggested by the program to achieve correct installation.
4.3 In order to provide a quality and secure service, NSecsoft may recommend other software to you during your installation of the Software, which you can choose to install or not.
4.4 If you no longer need to use the Software, or need to install the new version of the Software, you can uninstall the Software. If you are willing to help NSecsoft improve the product and services, please inform the reasons for uninstallation.
V. Software Update
5.1 In order to improve user experience and service contents, NSecsoft will continue to develop new services and from time to time provide you software updates (in the form of software replacement, modification, feature enhancement and version upgrade etc.).
5.2 In order to ensure the security and consistency of functionality of the Software and Services, NSecsoft reserves the right to update the Software, or change or restrict partial functionality of the Software without any special notice to you.
5.3 After the new version of the Software is released, older versions of the Software may not be available. NSecsoft does not guarantee that the old versions and corresponding customer services of the Software continue to be available. Please check and download the latest version at any time.
VI. Protection of the User’s Personal Information
6.1 It is a fundamental principle of NSecsoft to protect the user’s personal information. NSecsoft will take reasonable measures to protect the user’s personal information. Except for the circumstances prescribed by laws and regulations, NSecsoft will not make public or disclose the user’s personal information to any third party without permission of the users.
6.2 In order to improve the user experience, you can choose whether to participate in the user experience improvement plan of the software.If you participate, the software will collect information unrelated to personal information, such as computer hardware, software, user operating habits and so on.
6.3 NSecsoft will apply a variety of security technologies and procedures to establish a sound management system to protect your personal information and avoid unauthorized access, use or disclosure.
6.4 NSecsoft will not disclose your personal information to any company, organization or individual without your consent, except as provided by laws and regulations.
VII. Main Rights and Obligations
7.1.1 You understand and agree that the Software will use the processor, bandwidth and other resources of your terminal device in order to provide you with effective services. The costs of data traffic may incur during use of the Software, and the user shall acquire relevant fee information from the operator on its own and bear relevant costs.
7.1.2 You understand and agree：
184.108.40.206 Third-party software that is included, recommended and provided with download and upgrade services by the software shall be entitled to all legal rights by the third party.Any dispute caused by the third party software shall be settled by the third party, and NSecsoft shall not assume any responsibility. NSecsoft does not provide customer service support for third-party software or technology. If you need support, please contact the software or technology provider.
220.127.116.11 The software does not guarantee the safety, legality, compatibility and harmlessness of the installation information and upgrade information of the third-party software involved. Any legal disputes arising therefrom shall be solved by the third party, and NSecsoft shall not assume any responsibility.
18.104.22.168 All the legal rights of any third party software involved in this software belong to the third party obligee, and the downloading, installation and use of the third party software by users are subject to the software license agreement. Any dispute arising from the use of the third party software shall be settled by the third party, and NSecsoft shall not bear any responsibility.
22.214.171.124 This software is for users to download, install NSecsoft software and / or install third-party software, and can not identify whether the third-party software downloaded and installed by users using this software has a legal source. If you are the obligee of the software and do not want the software to provide users with download, installation and use services for your software, you can contact us according to the contact information agreed in this agreement, and NSecsoft will actively cooperate with you.
7.1.3 When you use a particular service of this Software, the service may be governed by separate agreements and related business rules etc. (hereinafter collectively referred to as the “Separate Agreement”). Please read and agree to relevant Separate Agreement before you use the service. Your use of the above specific service shall be deemed that you have accepted relevant Separate Agreement.
7.1.4 You understand and agree that NSecsoft will make its reasonable commercial efforts to maintain your data stored in the Software and Services safe, but NSecsoft cannot warrant that your data is absolutely safe, especially:
126.96.36.199 NSecsoft is not responsible for deletion or failure of your storage of relevant data in the Software and Services;
188.8.131.52 NSecsoft is entitled to decide at its discretion the longest period of data storage in the Software and Services for each user according to the actual situation, and allocate the maximum space in the server for data storage of the user and so on. You can back up relevant data in the Software and Services on your own according to your own needs;
184.108.40.206 If you stop using the Software and Services or the Services are terminated or canceled, NSecsoft can permanently delete your data from the server. When the Services are stopped, terminated or canceled, NSecsoft is not obligated to return any data to you.
7.2 Third-Party Products and Services
7.2.1 When you use the products or services provided by any third party of this Software, you shall comply with the user agreement of the third party in addition to this Agreement. NSecsoft and the third party shall assume their respective responsibilities separately for any possible dispute between them within the scope prescribed by laws and or stipulated by agreement.
7.2.2 NSecsoft does not guarantee the security, accuracy, effectiveness and other uncertain risks of the services and contents provided by such third parties. Any dispute or damage caused therefrom is irrelevant to NSecsoft, NSecsoft therefore will not assume any responsibility.
VIII. User’s Codes of Conduct
8.1 Information Content Specification
8.1.1 Information contents contained in this Article refer to any content created, produced, copied, published or transmitted by the user during the use of the Software and Services.
8.1.2 You understand and agree that the software has always been committed to providing users with a civilized, healthy, standardized and orderly network environment. You shall not use the Software and Services to produce, copy, publish, or spread the contents interfering with normal operation of the software or infringing lawful rights and interests of other users or third parties, including but not limited to the following:
220.127.116.11 Violate the basic principles established by the Constitution;
18.104.22.168 Endanger national security, divulge state secrets, subvert state power and undermine national unity;
22.214.171.124 Damage national honor and interest;
126.96.36.199 Incite national hatred and ethnic discrimination, and destroy national unity;
188.8.131.52 Undermine national religious policies and promote cults and feudal superstition;
184.108.40.206 Spread rumors, disturb the social order and undermine social stability;
220.127.116.11 Disseminate obscenity, pornography, gambling, violence, terror or abet any crime;
18.104.22.168 Insult or slander others and infringe legitimate rights and interests of others;
22.214.171.124 Incite illegal assembly, association, procession, demonstrations and gatherings disrupting the social order;
126.96.36.199 Carry out any activity in the name of any illegal civil organization;
8.2 Software Usage Specification
8.2.1 You may not engage in any of the following acts in the course of your use of the Software except as permitted by law or by NSecsoft’s written permission:
8.2.1 Delete the copyright information on the Software and its copies;
8.2.2 Conduct reverse engineering, reverse assembly and reverse compiling on the Software, or other attempt to discover the source code of the Software;
8.2.3 Use, rent, lend, copy, modify, link, reproduce, compile, release, publish or establish a mirror site for the contents that NSecsoft owns intellectual property rights;
8.2.4 Copy, modify, add, delete and mount the data stored in any terminal memory by the Software or during the operation of the Software, the interactive data between the client and the server during operation of the Software, and the system data necessary for operation of the Software, or create any derivative works by using plug-ins, add-ons or third-party tools/services unauthorized by NSecsoft to access to the Software and related systems;
8.2.5 Add, delete, change the functions or operating effects of the Software by modifying or forging the instructions and data of the Software, or operate or spread to the public the software and methods used for the purposes described above, whether or not such acts are for commercial purposes.
8.2.6 Login or use NSecsoft Software and Services through any third-party software, plug-in, add-on or system that are not developed or authorized by NSecsoft, or produce, publish, disseminate the these tools;
8.2.7 Interfere with the Software and its components, modules and data on your own or by authorizing others or third-party software to do so;
8.2.8 Other behaviors which contradict to the operating principles of the software and the service, or other management requirements of NSecsoft.
8.3 Service Operation Requirements
Except as permitted by law or authorized by NSecsoft in writing, you may not engage in the following acts in the course of your use of the Services:
8.3.1 Submit and publish false information, or impersonate others or use the name of others;
8.3.2 Induce other users to click on the link pages or share information;
8.3.3 Fabricate facts or conceal the truth to mislead or deceive others;
8.3.4 Infringe legitimate rights of others including right of reputation, right of portrait, intellectual property right and trade secrets;
8.3.5 Utilize any function and any third-party operating platform to conduct promotion or mutual promotion without NSecsoft’s written permission;
8.3.6 Utilize the Software and Services to engage in any illegal and criminal activities;
8.3.7 Make or release the methods or tools related to the above-mentioned acts, or operate or spread such methods or tools, whether or not for commercial purposes;
8.3.8 Other acts violating laws and regulations, infringing the legitimate rights and interests of other users, interfering with normal operation of products or not expressly authorized by NSecsoft.
8.4 Responsible for Your Own Acts
You fully understand and agree that you must be responsible for all acts under your licences, including any activities with the software and the services, and any consequences arising therefrom. You shall judge the contents of the Service by yourself and assume all risks arising from the use of the contents, including the risks arising from reliance on the correctness, completeness or usefulness of the contents. NSecsoft cannot and will not be responsible for any loss or damage caused by the foregoing risks.
8.5Treatment for Breach of Contract
8.5.1 If NSecsoft finds or receives any report or complaint from others against the user on violation to this Agreement, NSecsoft is entitled to remove or obscure relevant contents at any time without notice, impose punishment on the violating licenses including but not limited to warning, restriction or prohibition of the use of some or all of the functions, account banning or cancellation, and announce the results of treatment.
8.5.2 You understand and agree that NSecsoft is entitled to, based on its reasonable judgement, punish any act violating relevant laws and regulations or provisions of this Agreement, take appropriate legal action against any user in violation of any laws and regulations, and preserve relevant information in accordance with related laws and regulations to report to relevant departments etc. The user shall bear all the resulting legal responsibilities.
8.5.3 You understand and agree that you shall be solely liable for any claims, requests or losses arising out of or in connection with your breach of the provisions of this Agreement or relevant terms of the Services. You shall also be liable for the compensation of any losses caused to NSecsoft.
IX. Statement on Intellectual Property Rights
9.1 NSecsoft is the holder of the intellectual property rights of the Software. All intellectual property rights related to the Software, including copyright, trademark, patent and trade secrets and all information related to this Software (including but not limited to text, images, audio, video, graphics, interface design, layout framework, related data or electronic documents) are protected by laws and regulations of the United States and corresponding international treaties. NSecsoft enjoys the above intellectual property rights, except for those rights enjoyed by relevant right holders in accordance with the laws.
9.2 You may not or permit any third party to implement, use, or transfer any of the above intellectual property rights for any commercial or non-commercial purpose without the prior written consent of NSecsoft.
X. Responsibility of Terminal Security
10.1 You understand and agree that the Software, like most Internet software, may be affected by a variety of factors including but not limited to users’ reasons, network service quality and social environment, or may be interfered by various security issues, including but not limited to illegal use of user information by others to conduct harassment in real life, and that other software downloaded and installed and sites visited by the user may contain viruses, Trojans or other malicious programs, which may endanger the security of information and data in your terminal device and then affect the normal use of the Software. Therefore, you should strengthen the awareness of information security and protection of personal information, and pay attention to password protection, to avoid any loss.
10.2 It is the common responsibility of you and NSecsoft to maintain software security and normal use. NSecsoft will reasonably and prudently take necessary technical measures to protect information and data security of your terminal device in accordance with industry standards, but you acknowledge and agree that NSecsoft cannot therefore provide a complete guarantee.
XI. Third-Party Software or Technology
11.1 The Software may use third-party software or technology (including the open source code and public domain code that may be used for the Software), and such use has been legally authorized.。
11.2 If any third-party software or technology is adopted for the Software, NSecsoft will demonstrate relevant agreements or other documents in accordance with relevant laws and regulations through annexes of this Agreement, a package in a specific folder of the installation package of the Software, or open source software pages and other forms, which may be expressed as “Software License Agreement”, “License Agreement”, “Open Source License” or other forms. The foregoing agreements, other documents and web pages presented through various forms are an integral part of this Agreement and shall have the same legal effect as this Agreement. You shall comply with all these requirements. If you fail to do so, such third party or competent state authority may file a lawsuit, impose fines or take other sanctions against you, and require NSecsoft to provide assistance. You shall be solely liable for relevant legal responsibilities .
11.3 Any third party shall be liable for resolving any dispute arising from the use of any third-party’s software or technology for the Software, which is irrelevant to NSecsoft. NSecsoft does not provide customer service support for any third-party software or technology. If you need any support, please contact the third party.
12.1 Your use of the Software shall be deemed that you have read and agreed to be bound by this Agreement. NSecsoft reserves the right to modify the terms of this Agreement when necessary. You can check the terms of the Agreement in the latest version of this Software. If you continue to use the Software upon any change to the terms of this Agreement, you shall be deemed to have accepted the amended Agreement. If you do not accept the modified Agreement, you should stop using the Software.
12.2 This Agreement is signed in Queens County, New York City, USA.
12.3 The formation, entry into force, performance, interpretation and dispute settlement of this Agreement shall be governed by the laws of the United States, without regard to the principles of conflict of laws.
12.4 If any dispute arises between you and NSecsoft, the dispute shall be first resolved by negotiation; where the negotiation fails, you agree to submit the dispute to the people’s court with jurisdiction at the signing place of this Agreement.
12.5 The headings of all the terms of this Agreement are for convenience only and do not have any actual meaning. They shall not be taken as a basis for the interpretation of the meaning of this Agreement.
12.6 Where any provision of this Agreement becomes invalid or unenforceable for whatever reason, the remaining terms shall remain in force and binding on both parties.