Software License and Service Agreement
1. Important Notice
1.1 This Agreement (hereinafter referred to as “the Agreement”) is the agreement entered into by and between you (hereinafter referred to as “You” or the “User”, containing the individual and organization that register, sign in, use or browse the Service) and Sveaverken (including its affiliated companies, hereinafter referred to as the “We”) concerning the download, installation, and use of the “Smart Neck-Tag” software (including but not limited to mobile smart devices, hereinafter referred to as the “Software”) by the User, as well as the terms related to the use of Sveaverken’s services (hereinafter referred to as the “Services”).
1.2 Users should carefully read and fully understand the terms of the Agreement, particularly those pertaining to the exemption or limitation of Sveaverken’s liability, dispute resolution, and applicable laws. Terms associated with the exemption or limitation of liability are indicated by bold, italic or underlined text; please read them carefully.
1.3 If you do not have full civil capacity, please read it with your legal guardian. If you use the Software on behalf of another agency, organization or entity, you may read this Agreement after obtaining a lawful and valid authorization, and continue to read and register will be deemed to be your warranty and commitment to such authorization. You must agree to accept this agreement before using the services provided by the Software. If you have any questions about the agreement, you should consult customer service of this Software. By completing the registration process as after reading and agreeing to this Agreement, you have fully read, understood and accepted the full contents of this Agreement. Then you shall not claim that this Agreement is invalid or request the withdraw of this Agreement on the grounds that you have not read the contents of this Agreement or have not obtained the platform's answers to your inquiries. If you do not agree to accept this Agreement or any of its terms, you should immediately stop the registration process.
1.4 Sveaverken reserves the right to modify this Agreement. Any amended terms shall be announced on the official website or included with the Software, and the new terms shall take effect on the date of publication. Users may download and reinstall the Software or browse the amended terms on the website. If you do not accept the amended terms of this Agreement, please immediately discontinue your use of the "Smart Neck-Tag" software and services provided by Sveaverken. By continuing to use the "Smart Neck-Tag" software and services provided by Sveaverken, users accept the amended terms of this Agreement.
1.5 All statements, notices, alerts, etc. published by Sveaverken in various ways (including but not limited to web announcements, e-mails, SMS alerts, etc.) will be regarded as part of this Agreement, and your continuous use of the Software will be regarded as acknowledgment of such statements, notices, warnings, etc.
2. Registration and Account
2.1 You must apply for registration before you can use the Services. According to relevant Regulations, you must use your phone number based on real-name registration to apply for an account and update it timely when your mobile phone number changes. If we are unable to contact you through the above information, you shall be solely responsible for any loss or increase in costs incurred in using the Services. When you finish the registration process and actually use the Services in a manner permitted by the Software, you shall be a natural person with full civil capacity, or a natural person with full civil capacity legally and effectively authorized by a legal person or other organization.
2.2 Ownership of all Smart Neck-Tag accounts belong to Sveaverken. After completing the application for registration, the user only obtains the right to use the Smart Neck-Tag account, and the usage right only belongs to the initial registrant. Meanwhile, the initial registrant shall not donate, borrow, rent, transfer or sell the Smart Neck-Tag account, or otherwise permit the non-initial applicant to use the Smart Neck-Tag account. Non-initial registrants shall not use Smart Neck-Tag account by donation, inheritance, lease, assignment or any other means.
2.3 If you find that anyone is using your account without authorization, you should notify us immediately. You are personally responsible for all liability for any illegal use of your account number or password by others due to hacking or negligence in your custody, and Sveaverken will not be liable. If this results in the loss of Sveaverken, you undertake to compensate Sveaverken for the loss.
2.4 You agree that Sveaverken has the right to serve various commercial advertisements or any other type of business information in various ways in the course of providing the Network Services, and you agree to accept that Sveaverken sends you such business information by e-mail or other means.
2.5 You can apply to stop using your account in accordance with the Software Instructions, and you fully understand and agree that once you submit an application to stop using your account, you will no longer be able to continue to use the Services with this account. Once it was approved, all information about you in that account would be completely deleted and cannot be retrieved.
3. Service Content
3.1 Through the Services provided by Sveaverken, users can view 1) the location information and neck-tag wearing status; 2) moving tracks; 3) alert records of livestock (including cows, beef cattle, etc.) and other supported functions in the Software.
3.2 You can currently download and use the programs and services of the Software for free. We reserve the right to charge you for procedures and/or services in the future. If we decide to charge such fee, we will notify you and allow you to choose to continue to perform or stop this Agreement. If you refuse to pay the fees, we reserve the right not to provide you with such services.
3.3 You agree and acknowledge that Sveaverken only offers network information services related to the Software, other devices related to the Services (e.g. personal computers, mobile phones, other devices related to Internet access or mobile networks) and relevant fees charged by third parties (e.g. telephone and Internet access fees paid for Internet access, and mobile phone charges for mobile internet use) are at your own expense.
4. User’s Codes of Conduct
4.1 In using the Services, users must follow the following principles: 1) comply with relevant laws and regulations, 2) comply with all network agreements, regulations and procedures related to the Services, 3) do not use the Software for any illegal purpose, 4) do not infringe Sveaverken’s commercial interests in any form or engage in detrimental action to Sveaverken or the Software, and 5) do not infringe any other third party's patent, copyright, trademark, reputation or any other legitimate rights and interests.
4.2 To the maximum extent permitted by the law, we will have the right to investigate and/or prosecute any of the above violations. We may participate in and assist law enforcement in investigating or prosecuting users who violate this Agreement.
5. Main Rights and Obligations
5.1 You must use the Software Services in accordance with relevant laws and regulations, Rules and this Agreement.
5.2 You can change or delete your personal profile and registration information on the Software. The risk will be taken by users.
5.3 You can make suggestions on how you use the Software, we welcome and value your feedback, and we will make the necessary optimizations and adjustments to the Software based on a combination of stylistic nature, self-operation, market factors, etc.
6. Statement on Intellectual Property Rights
6.1 Sveaverken is the intellectual property owner of the software. All copyrights, trademarks, patents, trade secrets and other intellectual property rights of the software, as well as all information content related to the software (including but not limited to words, pictures, audio, video, charts, interface design, layout framework, relevant data or electronic documents, etc.) are protected by the laws and regulations of the People's Republic of China and corresponding international treaties, Sveaverken enjoys the above intellectual property rights, except the rights that relevant obligees should enjoy in accordance with the law.
6.2 You shall 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 prior written consent from Sveaverken or relevant rights holders.
6.3 All content uploaded and released during your use of the Software and Service will not transfer intellectual property rights, portrait rights and other rights due to uploading and publishing. However, you acknowledge and agree that, within the scope permitted by law, Sveaverken can use non-confidential content uploaded or published by you for achieving the purpose of the Software and Services, including but not limited to storing, playing to relevant users, obtaining and reuse by relevant users, etc.
6.4 You shall not 1) license, re-license, sell, resell, transfer, distribute the Services or Software in any way, or otherwise commercially develop or make them available to any third party; 2) modify the Software Program or create derivative products accordingly; 3) reverse engineering applications; 4) aim at designing or constructing a product which is similar to the Services or Software, as well as copy any idea, feature, function, or graph of the Services or Software.
7. Change, Interruption and Termination of the Services
7.1 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 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 losses.
7.2 Sveaverken reserves the right to interrupt or terminate the provision of all or part of the Services under this Agreement to you at any time without any liability to you or any third party: 1) the personal or corporate information you provide is not true, 2) you violate the provisions of this Agreement or the Rules for the Use of the Software, 3) you fail to pay Sveaverken the appropriate service fees in accordance with the provisions when using some fee-based Services, 4) your actions violate laws or government regulations, and 5) Sveaverken unilaterally decides to modify, retain or close the Services for reasons such as its own operations.
7.3 Once this Agreement is terminated, your website account and rights to use the Software and Services will be terminated. Your user content may be removed from our active database. Sveaverken is not responsible to you for terminating this Agreement, including but not limited to terminate your user account and deleting your user data.
8.1 You must use the Software and Services in accordance with relevant laws, regulations and this Agreement, and are independently liable to the demanding party or other third parties, and you shall avoid any complaints and/or lawsuits from third parties as a result of the following acts or related acts, and shall be liable for any loss, damage, liability, costs and fees (including but not limited to fees of litigation, arbitration, preservation, security, attorney and transportation): 1) your using of the Software and the Services, 2) your user data, and 3) your breach of this Agreement.
8.2 You have agreed that you may not settle unilateral reconciliation among you, Sveaverken and a third party unless you have obtained the written consent of Sveaverken (only a paper document stamped with Sveaverken's official seal).
8.3 Under no circumstances shall Sveaverken be liable to you or any third party for any indirect, consequential, disciplinary, incidental or special damages arising out of this Agreement. In case of any ambiguity, the risk of damaging a mobile communications device database or computer system arising from access to or use of the Software or Services is at your personal risk.
9. Protection of User’s Personal Information
9.2 It is a fundamental principle of Sveaverken to protect user’s personal information. Sveaverken will take reasonable measures to protect such information. Sveaverken will not disclose users’ personal information to any third party unless: 1) obtain the user's express authorization in advance; 2) in accordance with the relevant laws and regulations; 3) in accordance with the requirements of the relevant government departments; 4) to safeguard the interests of the public; and 5) to safeguard the legitimate rights and interests of Sveaverken.
9.3 The Software may cooperate with third parties or affiliates, in which case Sveaverken reserves the right to provide the user's registration data, etc. to a third party or affiliate if the third party agrees to assume the same responsibility as Sveaverken for the protection of the user’s privacy.
9.4 Without disclosing individual user privacy data, Sveaverken reserves the right to analyze the entire user database and to make commercial analysis of the user database to the extent legitimate.
10.1 The User explicitly agree that the risks associated with their use of the Software will be entirely at their own risk that all consequences resulted from their use of the Software will be undertaken by the User, and Sveaverken shall not be liable to the User.
10.2 The User agrees that Sveaverken shall not be liable for any loss arising from the quality defects of the following products or services provided by Sveaverken: 1) Sveaverken offers free services to users; 2) any product or service that Sveaverken gives to users as gifts.
11.1 By using the Software, you shall be deemed to have read and agreed to be bound by this agreement. Sveaverken reserves the right to modify the terms of this agreement if necessary. You can refer to the relevant agreement terms in the latest version of the software. After the terms of this Agreement are changed, if you continue to use the software, you shall be deemed to have accepted the modified agreement. If you do not accept the modified agreement, you should stop using the software.
11.2 The headings of all terms of this Agreement are only for convenience of reading and do not have any actual meaning. They shall not be taken as a basis for the interpretation of the meaning of this Agreement.
11.3 This Agreement may be drafted in different languages, including Chinese, English and others. In case of any inconsistency and discrepancy between the Chinese version and the versions of other languages, the Chinese version shall prevail.
11.4 Where any provision of this Agreement becomes invalid or unenforceable for whatever reason, the remaining provisions shall remain in force and binding on both parties.
11.5 This Agreement is a final, complete, exclusive agreement between you and Sveaverken regarding matters relating to the Software and the Services, and supersedes as well as merges the discussions and agreements between the mutual parties before.
11.6 You should not transfer the rights and obligations under this Agreement unless Sveaverken allows that in written form. Any attempt to transfer them will be regarded as violation of the Agreement and will be invalid.