Software License Agreement of ??QQImage??
Important Notice: Tencent hereby reminds the user (hereinafter referred to as "You" or "the User") of the Tencent Messenger Software (hereinafter referred to as the "Software" or "TM") to read this Software License Agreement (hereinafter referred to as the "Agreement") carefully ---- the User should read carefully every article of this Agreement, including articles exempting or limiting the liability of Tencent and those restricting the rights of the User. Please read this Agreement and decide whether to accept it; a minor under 18 shall be accompanied by his or her legal guardian when accepting this Agreement; a corporate user should ensure that the person who installs the software should have the legal qualification to bear the liability. You are not allowed to download, install or use the Software and to use related services unless you accept the terms of this Agreement. Your installation and use of the Software shall be regarded as your acceptance of the Agreement and your agreement to be bound by all the terms and conditions of this Agreement.
This Agreement, between the User and Tencent Company (hereinafter referred to as "Tencent") and Tencent's operation partners (hereinafter referred to as "Partners"), is an agreement regarding the User's downloading, installation, use and copy of QQImage (hereinafter referred to as the software) as well as the User's registration. This Agreement stipulates the rights and duties of you and Tencent regarding the licensed use and related aspects of the Software. "The User" or "You" refers to a person or entity who obtains the Software authorization license and/or the Software products by means of the Software license and the account registration as provided by Tencent.
This Agreement shall be updated by Tencent at any time and without prior notice to the User. Once the terms of this Agreement are changed, Tencent shall issue the updated agreement in the Software or on the Website. After the updated Agreement is issued, it shall replace the original Agreement effectively.
1. Statement of Intellectual Property
1.1 The Software was developed by Tencent. All intellectual properties in the Software and all information related to the Software, including but not limited to written expressions and their combinations, icons, decorations, charts, colors, page designs, page frameworks, data, printings and electronic documents, are under the protection of copyright laws, international copyright treaties and other intellectual property laws and regulations.
2. Scope of the Software License
2.1. User can install, use, display and operate the Software on a single computer (hereinafter "Computer").
2.2. Rights reserved: All other rights not hereby licensed still belong to Tencent. User shall obtain separate written approval from Tencent when using the other rights.
2.3 Except those explicitly stated in the Agreement, the Agreement does not stipulate the terms of service for other services offered by Tencent or its Partners which the User may visit when using the Software. Those services may be regulated by other terms of service and the User should be familiar with and confirm his/her acceptance of those terms of service before using the relevant services. By using those services, the User shall be regarded as having accepted the relevant terms of service.
3 Users' Notes
3.1 The User shall provide accurate and authentic information when registering for the Software or bundling Internet Synchronous Service offered by Tencent.
3.2 Users can use the software on the premise of abiding by the laws and this agreement. Users can not realize the following operations including but not limited to:
3.2.1 to delete the copyright statements attached to the software and its copies.
3.2.2 to make reverse engineering, reverse compilation and reverse compiler of this software
3.2.3 for related information of this software, without Tencent's written approval, Users' unauthorized operations including but not limited to: using, copying, changing, link, reproducing, compilation, releasing, publishing, establishing of mirror sites, unauthorized using the software or lexical database to develop concerning derivatives, products, services etc, intercepting network synchronization database information bundled by others.
3.2.4 To release, transmit, spread, store contents which may against national laws, harm the national security and undermine social stability, or contents which contains slander, sexual and violence and may against national laws and regulations.
3.2.5 To release, transmit, spread, store contents which may cause infringement of intellectual property rights and business secrets. 3.2.6 to take any actions to threaten the security of the network, including but not limited to, use data or enter server/account without permission; enter public networks or private computer and delete, copy, amend or add stored information without permission; without permission,
attempt to detect, scan or test the weakness of the Software system or the network or attempt to conduct any other activities to damage the network security system; attempt to intervene with, affect the normal operation of, the Software or the network; intentionally spread malicious programs or viruses, and take other actions to damage or intervene with the normal information service of the network; forge part or all of the titles of TCP/IP packets.
3.3 When using the Software, the User shall comply with the relevant national laws and policies, protect the national interests, safeguard the national security and comply with this Agreement. The User, but not Tencent or its Partners, shall be fully responsible for all liabilities resulting from the illegal use of the Software or breach of the Agreement. If the User's misbehavior causes loss to Tencent and/or its Partners, Tencent and/or its Partners are entitled to demand the User to provide compensation, cease provision of the service immediately and keep relevant records.
3.4 Similar to most Internet software, the Software is vulnerable to all kinds of security threats, for example, third party may make use of the User's information to cause disturbance to the User's real life; the User may download and install other software containing viruses, such as Trojan Horse, that threaten the security of the User's computer and data and as a result, adversely affect the normal use of this Software. The User should enhance his or her awareness to information security and personal data protection, and be careful in enhancing the protection of his or her password, so as to avoid loss and disturbance.
3.5 All software derived from the Software that are not developed and formally released by Tencent or not authorized by Tencent, are illegal. It may bring about unpredictable risks to the User who downloads, installs or uses the said illegal software. The User should not download, install or use them. Tencent shall not be responsible for any legal liability and disputes arising therefrom.
3.6 Teens should learn to use internet with guidance of their parents and teachers, keep from indulging in the cyberspace.
3.7 It has long been a tradition of Tencent to respect the privacy of the User's personal information. Tencent would take reasonable measures to protect the User's information. Unless otherwise requested by law or the government or consented to by the User, Tencent would not disclose or release the User's information to any third party (other than its Partners) without the User's permission. However, if the User consents
to the disclosure and release of his or her personal information when registering the QQ account, or if the User and Tencent and its Partners have reached a different agreement upon this issue, Tencent shall have the right to disclose and release the User's personal information. Under these circumstances, the User shall bear all the risks at his or her own cost and Tencent shall not be responsible therefor.
3.7.1 In general, Tencent may use the User's personal information for the following reasons: (1) to carry out the Software verification service; (2) to upgrade the Software service; (3)internet synchronization service ;(4) to improve the security of user's use of the Software and provide customer support; (5) because the User uses special functions of this software, or when the User requests Tencent or its Partners to offer particular services, for which Tencent or its Partners has to provide the User's information to the relevant third parties; (6) to implement the Privacy Protection Statement of Tencent, which is available on the website of Tencent; (7) other reasons for the interests of Tencent and the user.
3.7.2 Consent to the use of computer resources and reminder of risks.
126.96.36.199 QQImage needs to use Users' resources, such as computer and broadband to support its normal operation. The User hereby agrees that the Software, when necessary, can make use of user's resources such as computer and broadband.
3.7.3 The User may show his/her consent by the following means: (1) accepting this Agreement and the terms of service issued by Tencent; (2) Users' download, installation or use of this software; (3) verbal or written approval via email, telephone, fax or instant message, etc.; (4) not protesting against the articles of "implied consent" in the Agreement or the service statement; (5) other means accepted by Tencent and the User.
3.7.4 Tencent reserves the right to disclose any information according to applicable laws, regulations, legal proceedings or the administrative orders, or on its own discretion decide to completely or partly edit, refuse to put up or delete any information or data. The User shall keep the confidentiality of this Agreement and the services provided hereunder. Without the prior written approval of Tencent, the User shall not provide or disclose this Agreement and the Software to any third party.
3.8 To replace, modify and upgrade the Software: Tencent reserves the
right to replace, modify and upgrade the Software at any time and charge fee therefor. The Software activates automatically the function of "upgrade reminder". Depending on the version of the Software, the User may have an option to activate this function or not. In exceptional cases, for guarantee of the normal operation of this software, the User authorizes Tencent to replace, modify and upgrade the Software automatically.
3.9 All software or technologies of other third parties possibly applied in the Software have been legally authorized. Any dispute arising from the software or technology of a third party shall be resolved by the third party, and Tencent does not bear any responsibility therefor. Tencent does not provide customer service for the third party's software or technology. If the User need help, please contacts the provider of the said software or technology.
3.10.QQImage uses part of source code from INTEL OPENCV. BSD license of INTEL OPENCV is shown in ./License/License_OpenCV.txt. 3.11 QQImage uses part of source code from FreeImage Open Source. FreeImage Public License is shown in ./License/Licese_FreeImage.txt.
4 Legal Liability and Exemption of Liability
4.1 Permission to Use
4.1.1 Protection of Users' Computer (resource): the User hereby permits that QQImage shall make commercially reasonable protection for user's computer resource and privacy and integrity of user's computer communication. However, the User hereby permits and agrees with Tencent's disability to provide any assurance.
4.2 Tencent hereby reminds the User that, in order to reserve the discretionary right of Tencent in its business development and adjustment, Tencent shall be entitled to amend or suspend the license of the Software at any time and without prior notice to the User. If necessary, the notice of amendment or suspension will be published on Tencent's website.
4.3 If the User's breach of this Agreement or relevant terms of service brings about any third party's claims, demands or losses, including reasonable attorney's fee, the User hereby agrees to indemnify and keep Tencent and its Partners or affiliated companies indemnified against all losses incurred because of the said claims, demands or losses. Depending on the nature of the User's behavior, Tencent has the right
to take following actions, including but not limited to, suspend the license, cease provision of the service, restrict the use, take back the QQ account or resort to lawsuit. Tencent has the right to take back the QQ account if the User conducts any illegal activities, harass or deceive other users by using his or her QQ account. Meanwhile, Tencent will help to investigate if necessary.
4.4 The User shall bear all risks arising from the use of the Software. Tencent and its Partners do not provide any warranty in any form for the Software, whether express, implied, or statutory warranty and condition, including but not limited to express or implied warranties and condition as to its MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, virus-free, negligence-free, or free from technical defect, or that the Software is properly owned and does not infringe any existing rights. Tencent and its Partners bear no responsibility for any direct, indirect, incidental, particular and subsequent loss and risk because of the use of the Software or failure to use the same in any circumstances.
4.5 The use of the Software involves the Internet service, which may be affected by various unstable factors; Since the service may be suspended or blocked because of force majeure events, computer virus, hacker attack, instability of the system, the location of the User, User switching off the computer, illegal information and blocking of the harassing information, as well as other issues related to the network, technology, communication circuit and information security management, there is a risk that the User's demand may not be met. The User must understand and bear these risks solely and Tencent and its Partners bear no liability.
4.6 Tencent and its Partners bear no liability for the User's possible economic loss due to a third party's communication error, technical problem, network or computer failure, system instability, or other force majeure events.
4.7 In case the normal operation of the service is affected by force majeure events, like technical failure, Tencent and its Partners agree to cooperate with related parties promptly to solve the problem. Nevertheless, Tencent and its Partners bear no responsibility for the User's possible loss arising therefrom.
4.8 Tencent provides storage space for Users' input habits via internet synchronous service. This method of input habits storage is mechanical storage. Tencent takes no responsibility for storage content
5.1 The invalidity of any or part of the articles of this Agreement does not affect the validity of other articles.
5.2 This Agreement is signed in Shenzhen. Laws and regulations of People's Republic of China are the governing law for the interpretation of, validity of and settlement of disputes arising from this Agreement. When any dispute or controversy arises between Tencent and the User, the two parties shall resolve the same through friendly negotiation; if the negotiation fails, the User hereby agrees that the dispute or controversy shall be resolved in the court located in the jurisdiction where Tencent resides (Shenzhen).
5.3 Customer Service hotline of Tencent: +86-755-8376-5566.
All copyrights and rights of interpretation are reserved by Tencent.