[Non-Operative Part and Introduction]
Welcome to use Wunder 360 Software and its services!
You shall read and comply with the Wunder 360 Software License and Service Agreement (hereinafter referred to as “the Agreement”) before using Wunder 360 software (hereinafter referred to as “the Software”). Please make sure all terms are fully understood following your discreet reading.
Unless you have read and accepted all the clauses mentioned in the Agreement, you are not entitled to download, install or use the Software and its relevant services. And your actions like downloading, installment and usage shall be deemed to have read and agreed to be bound by the Agreement.
I. [Scope of the Agreement]
The Agreement is concluded between you and Evomotion Ltd.(hereinafter referred to as “Evomotion”) about your downloading, installment, usage of the Software with the application of its services.
II. [About the Services]
2.1 [Content of the Services]
It refers to relevant services that Evomotion renders customers via the Software (hereinafter referred to as “the Services”).
With this Software, you can connect, control, shoot and record videos via the panorama camera, ROD-1, which is favored by Evomotion. And all the productions can be viewed, handled, and shared to other software and websites.
2.2 [Form of the Services]
You can use the Services by means of terminals like cell phone, which are prevailed in accordance with the provisions by the Evomotion. In the meantime, Evomotion will continue to make sure there are more terminals and forms to use the services. One thing to be attentive is that you should select a software version that is attuned to your terminal, system, among other things, as you use our services. Otherwise, chances are that you may not be available with the Services working properly. To avoid ambiguity, the words of the Software referred to in the Agreement are all of justified version.
III. [Where to Get the Justified Software]
3.1 Either you can directly secure the Software via the website of Evomotion, or you can get through any third party authorized by the Evomotion.
3.2 If you fail to acquire the Software or the installment program with the same name as the Software from any third party authorized by Evomotion, we shall neither assure the normal functioning of such software nor any losses incurred therefrom.
IV. [Installment, Uninstallment and Renewal of the Software]
4.1 [Installment of the Software]
As Evomotion may develop different software versions for different terminals and systems from time to time, you should select the suitable version for your installment as per where it is.
4.2 [Uninstallment of the Software]
You are free to uninstall the Software if you no longer require that or need to have an updated version.
4.3 [Renewal of the Software]
4.3.1 Enhancing of user experience and amelioration of the services will drive Evomotion to proceed with the development of new services and the provision of software updating from time to time.
4.3.2 There may be no way to use the older version following the issuance of its latest version. Evomotion do not ensure the availability of using the older one and associated customer services, for which please check and download the updated version at any time.
V. [Protection of Users’ Personal Information]
One of our basic principal in delivering service is to make sure your personal information being protected, for which Evomotion will do all its best to take reasonable measures in this aspect. Evomotion will not, unless otherwise required by law, disclose your personal information to any third party without your consent.
VI. [Regulations on Users’ Behavior]
6.1 You have fully understood and agreed that the Services are available to gain access to the related right, port and information, among other things, to implement corresponding functions as you are in the midst of using certain service.
6.2 [Forbidden Conducts]
When using the Services, you are not allowed to engage in conducts as below, including but not limited to:
(1) Issuing, transmitting, spreading or storing content that is in violation of the state law, detrimental to national security and integrity, social stability, good social customs, social morality along with those that are insulting, injurious, obscene, violent;
(2) Issuing, transmitting, spreading or storing content that may do harm to one’s legal rights associated with reputation, portrait, intellectual property and business secrets.
(3) Fabricating or holding back facts that may cause misguidance and deception to others.
(4) Issuing, transmitting or spreading advertising and jam information.
(5) Engaging yourself in those violating laws and rules, policies and good social customs, social morality.
6.3 [Being Liable to What You Act]
It is fully understood and agreed that you shall be liable for all the conducts in relation to the using of the Software and its Services including all issued contents and consequences arising thereof. You should identify what you encounter when using the Services and take on all the risks resulting from the using of the content, including the risks arising from the reliance on its correctness, intactness, and practicality. Evomotion cannot and will not be liable for any cost or damage incurred as a result of the aforementioned risks.
6.4 [Prohibited Conducts by Users]
Unless otherwise approved by law or Evomotion in writing, you are not allowed to:
(1) Delete the Software and its copies in related to the copyright;
(2) Try to locate the sourcing code of the Software by reversed engineering, compiling, compilation or other approaches.
(3) Copy, rectify, add, delete, make attached operation or create derived works associated with the data in any terminal memory that is released by the Software or in the midst of the operation of the Software, interactive data between the client and the server in the middle of the Software operation and the systematic data necessitated for the operation of the Software with the form including but not limited the using of insert, plug-ins or third party tools/ services unauthorized by Evomotion for gaining access to the Software and its system;
(4) Add, delete or change its functions or operation results by rectifying or fabricating the order and data in the course of the functioning of the Software, or putting the Software, methods with aforementioned functions to operation or spreading them to the public, whether these are intended out of commercial purposes.
(5) With the third party’s software, inserts, plug-ins, systems, which are neither developed nor authorized by Evomotion, to gain access to its Software and Services. Or make, issue and spread such tools as mentioned above.
(6) Exert a negative impact on the Software, its modules, components, data, inter alias, by authorizing others or taking advantage of the Software from third party or solely on your own to do so.
6.5 [Treatment to the Damage Suffered by the Third Party]
You shall be responsible for damages suffered by the third party in case of your violation hereunder. If Evomotion is incurred with losses arising thereof, compensation in full should also be made.
VII. [Products and Services by the Third Party]
When using the products and Services available on the Evomotion platform, you should, other than the provision of this Agreement, also comply with the user Agreement by the third party. What’s more, as for the potential conflicts coming up, Evomotion and the third party shall bear their responsibility respectively based on the legal provisions and the agreed scale.
If users require to use the Service or provide specific services, Evomotion may enable the Software to be available for them to use or visit by calling the third-party system or via third party, whose results shall be offered by the third party (including but not limited to the service and content that are on offer by the third party switched from the Services). Evomotion can’t assure the safety, precision, effectiveness and other unidentified risks in relation with the service and content by the third party, for which you shall take on the relevant liability on your own.
VIII. [Statement on Intellectual Property Rights]
8.1 As one who holds the intellectual property rights of the Software, Evomotion is, as stipulated by law, endowed with the relevant intellectual property rights, except for the right owned by the related right-holders as per rules and regulations, however, including copyright, right to the trademark, patent, domain name, business secrets, along with all the information associated with the Software(including but not limited to the characters, pictures, audios, videos, designs of the interface, frames of the interface), which are all safeguarded by the rules and regulations of the People’s Republic of China and associated international treaties.
8.2. Without the written consent from Evomotion or its licensors, you are not allowed for to carry out, use, or transfer aforementioned intellectual property rights for satisfying any business or non-business purposes, either on your own or by licensing any third party.
IX. [Security Liability on the Terminal]
You have understood and agreed that the Software or its Services, like most software and services, may be impacted by multiple sources (including but not limited to users, poor quality of network services and social environment). It may also be intruded by a variety of security issues (including but not limited to others’ illegal use of users’ materials for harassment in reality; other installed software or websites that users gain access to, may be available with virus, Trojan or other malicious program, pose a threat to the security of the terminal information and data further causing your dysfunction of the Software and its Service.) Evomotion shall not be liable for such detrimental effect and intrusion. For this reason, you shall strengthen the information security and awareness in protecting personal information with special attention to the password protection in case for losses.
9.2 It is a joint responsibility, between you and Evomotion, to maintain the security and normal functioning of the Software. Evomotion will comply with the industrial standard and take essential technical measures for protecting your terminal information and data security in a reasonable and prudent manner which you acknowledge and agree that there is no delivery of assurance from Evomotion.
10.1 The commencement of the Software and its Services shall be deemed that you have read and agreed to be bound by the Agreement. Evomotion is entitled to rectify the terms herein, if necessary, which you can check within the latest version of the Software and its Services. After the revision of the Agreement, your continual access to the Software shall be deemed as you have accepted the revised version. Should you not accept it, you should stop using the Software immediately.
10.2 The Agreement is signed in Baoan District, Shenzhen City, Guangdong Province, the People’s Republic of China.
10.3 The establishment, validity, execution, interpretation and dispute resolution related to the Agreement shall be referred to the laws of mainland People’s Republic of China (excluding the Conflict of Laws).
10.4 Any conflict or dispute between you and Evomotion shall be settled through friendly negotiation. If such negotiation fails, you shall agree to file it to the People’s Court in the area with jurisdiction where the Agreement was signed.
10.5 All the clause titles herein serve only for the convenience of reading with no actual implication, for which it can’t be regarded as the basis for its interpretation.
10.6 Whatever the reason causing any term to be invalid or fail to execute, the remaining of the Agreement shall remain in force and is binding to both parties.
10.7 Any discrepancy amidst multiple language versions herein like English and Chinese shall refer to the Chinese version. (End)