The agreement is concluded by Beijing FMSoft Technologies Co., Ltd. (hereinafter referred to as the "FMSoft") for the users to download, install, use, copy Espier Software, and related services.
The content of this Agreement refers to various versions of the Espier Software, including but not limited to Espier Launcher (7), Espier screen locker(7), Espier notification (7), Espier control center 7, Espier Messages, Espier voice memos (7), Espier music controller, Espier dialer (7), Espier browser, Espier clock, Espier reminder, etc.
Espier is a brand of FMSoft, Espier Software provide the system tool software for Android users with excellent user experience, including but not limited to install or uninstall other applications on the Espier Launcher(7), add widgets, hide or lock icon other applications; Espier screen locker(7) can lock the Android mobile phone’s screen; Espier notification(7) can replace the system notification page, and receive the notification information that applications have sent; And Espier other application software have more features, content, software license and services. (hereinafter referred to as "the services").
PLEASE READ THIS END USER LICENSE AGREEMENT ("EULA") CAREFULLY. BY TAKING ANY STEP TO DOWNLOAD, SET-UP, INSTALL OR USE ALL OR ANY PORTION OF ESPIER SOFTWARE(“THE SOFTWARE”)(INCLUDING BUT NOT LIMITED TO ESPIER SOFTWARE, FILES AND DOCUMENTATION ) OR USING ESPIER'S SERVICES IN CONNECTION WITH THE SOFTWARE, INCLUDING BUT NOT LIMITED TO: (I) ACCESS TO RESOURCES; AND/OR (II) ACCESSING PERSONALIZED CONTENTS THROUGH FMSOFT'S SOFTWARE NETWORK AND/OR OTHER NETWORKS OPERATED BY FMSOFT ("SERVICES"), YOU AND YOUR COMPANY (EACH AND COLLECTIVELY REFERRED TO AS “LICENSEE”) ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS EULA. IF YOU ACQUIRE THE SOFTWARE FOR YOUR COMPANY’S USE, YOU REPRESENT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE WHO HAS THE AUTHORITY TO LEGALLY BIND YOUR COMPANY TO THIS EULA. IF LICENSEE DOES NOT AGREE TO THIS EULA, LICENSEE MAY NOT USE THE SOFTWARE AND MUST IMMEDIATELY REMOVE THE SOFTWARE FROM THE LICENSEE'S MOBILE DEVICE OR COMPUTER.
1. OWNERSHIP OF THE SOFTWARE
Espier Software was developed and is owned by FMSoft. All the ownership of intellectual property rights in the Software (including but not limited to any code, image, data, text and add-in programs contained in the Software and in any and all future updates, modifications, revisions and/or derivative works of the Software), and attached supporting documentation belong to FMSoft and may not be used, reproduced, altered, distributed, exploited or otherwise dealt with by the Licensee without written authorization from FMSoft, unless said usage, reproduction, alteration, distribution exploitation and dealing is expressly provided for in this EULA.
2. SOFTWARE LICENSE
2.1 Subject to the terms of this EULA, FMSoft grants to Licensee a personal, non-exclusive, non-transferable, limited license to install and use one (1) copy of the Software on one (1) mobile communication terminal, internally for the personal, non-commercial purposes as described in the documentation of the Software, which is available at FMSoft’s web page. Use of some third party materials included in the Software may be subject to other terms and conditions typically found in a separate license agreement or “Read Me” file. Except as expressly stated herein, this EULA does not grant Licensee any intellectual property rights in the Software and all rights not expressly granted are reserved by FMSoft
2.2 This EULA is valid for an indefinite period from the date on which the Licensee accepts this EULA until termination pursuant to this EULA.
3. SOFTWARE ACCOUNT
3.1 The Licensee may use the Software and enjoy various Services provided by FMSoft and/or its Affiliates (as defined in Clause 8.2) by registering a software account ("software account"). The software account is the property of FMSoft. After completing the registration application for software account, the Licensee then has the right to use the Software account. The software account can only be used by the initial registrant and the Licensee shall not sell, assign, sub-license, disclose, or otherwise transfer the software account.
3.2 The Licensee has the right to change and/or delete the Licensee's personal data, registration information and content submitted to the software account. The Licensee hereby acknowledges that deleted data will not be recovered and the Licensee should bear the risk associated with such action.
3.3 The Licensee shall be responsible for the safekeeping of the software account and the password, and be fully and legally responsible for all activities performed through the use of the software account and the password. The Licensee is not permitted to use the accounts or passwords of other Licensees under any circumstances. If the Licensee suspects his or her account is being used by others without permission, the Licensee hereby agrees to immediately notify FMSoft.
4.1 Without the prior written consent of FMSoft, the Licensee may not:
(i) reproduce the Software in whole or in part;
(ii) sell, assign, sub-license, disclose, or otherwise transfer or make available the Software in whole or in part to any third party;
(iii) use the Software to provide services to third parties;
(iv) implement, use, sell, distribute, transfer or permit any third party to implement, use, sell, distribute or transfer the Software and all the intellectual property rights thereof;
(v) copy, alter, amend, or create any derivative works based on the Software or any part or component thereof, or any data released to any mobile communication terminal’s internal memory by the Software and interactive data between client terminal and server’s terminal during the Software’s operation (which restricted acts include, but not limited to, the creation of plug-ins, add-on programs, outside hanging or any unauthorized third party’s tool/service accessing the Software and correlative systems);
(vi) remove, delete, alter or obfuscate any proprietary notices or marks (including without limitation the copyright statements) on the Software;
(vii) reengineer, de-compile, disassemble, alter, translate or reverse engineer the Software or any part or component thereof (except as may be permitted by applicable laws which permit such activities notwithstanding this contractual prohibition);
(viii) amend or destroy the original state of the Software;
(ix) use the Software to take any actions to threaten the security of the FMSoft network, including but not limited to using data or entering server/account without permission; entering public networks or others’ operating systems and deleting, amending or adding the stored information without permission; attempting without permission to detect, scan or test the weakness of the Software system or the FMSoft network or attempting without permission to conduct any other activities to damage the network security system; attempting without permission to intervene with or affect the normal operation of the Software or the website; intentionally spreading malicious programs or viruses, and taking other actions to damage or intervene with the normal information service of the network; forging part or all of the titles of TCP/IP packets;
(x) log in or use the Software and Services of Espier by means of a third party’s compatible software or system not developed, authorized or approved by FMSoft; as to the Software and Services of Espier, the Licensee uses the plug-ins and outside hanging not developed, authorized or approved by FMSoft;
(xi) use the Software without the prior written consent of FMSoft to use, lease, lend, copy, revise, link to, cite, compile, issue or publish the information related to the Software, or to build mirror websites of said information or to develop related derivative products, works, services, plug-ins, outside hanging, compatibility or interconnection without authorization;
(xii) use the Software to publish, deliver, transmit or store any content that contravenes the laws of any country, or threatens the national security, social stability, public order and morals of any country, or to publish, deliver, transmit or store any content that is inappropriate, insulting, defamatory, obscene, violent and against the laws, regulations and policies of any country;
(xiii) use the Software to publish, deliver, transmit or store content that infringes other's intellectual property rights, trade secrets or other legal rights;
(xiv) use the Software, to issue, deliver or transmit bulk advertisements, unsolicited communications, spam or junk information;
(xv) use the Software to deliver, transmit or otherwise accomplish the transmission of the files including pictures, photos, software or other materials, which are under the protection of intellectual property laws, such as (but not limited to), copyright or trademark laws (or right of privacy or right to publicize), unless the Licensee owns or controls the related rights or have obtained the necessary authorization;
(xvi) use the Software to use any material or information that contains pictures or photos which have been acquired by infringing existing trademark, copyright, patent, trade secrets or other exclusive rights of other third parties;
(xvii) use the Software to amend or forge the instruction, data and data packet in the running of software works, add, delete, decrease or change the functions or running effects of software, spread the Software for the foresaid purposes to the public through information network, or operate them;
(xviii) use the Software to apply the Software and Services offered by FMSoft to the running of equipment putting humans or their belongings in danger; the Licensee understands that the Software and Services offered by FMSoft are not designed for the above purposes and to the maximum extent permitted by applicable law, the Licensee agrees, acknowledges and consents that FMSoft will not bear any liability or be responsible for the personal injury or death, loss or damage to belongings or destruction of the environment due to the Software and/or Services being used for such purposes;
(xix) sell, lease, lend, spread, transfer or sub-license the Software and/or Services or gain profits from using the Software and/or Services regardless of whether the above acts were committed for the purpose of achieving any direct or indirect economic gain; and
(xx) use the Software and other Services offered by FMSoft in any other illegal manner, for any illegal purpose or in any form inconsistent with this EULA.
5. TERMINATION OF LICENSE
5.1 Notwithstanding anything to the contrary in this EULA, and to the maximum extent as permitted by law, the Licensee hereby agrees, acknowledges and consents that FMSoft shall have the right to terminate this EULA for any reason which FMSoft deems proper and necessary (including termination for convenience) on thirty (30) days written notice to the Licensee without incurring penalties of any nature whatsoever. The Licensee further agrees that any reason given by FMSoft for termination purpose shall be deemed a legitimate reason.
5.2 If the Licensee breaches any of the stipulations in this EULA, to the maximum extent permitted by applicable law, FMSoft may, at its sole and absolute discretion, immediately terminate, suspend in part or in whole, or restrict the Licensee’s right to use the Software without notice.
6. SOFTWARE Updates AND SERVICE
6.1 FMSoft reserves the right to unilaterally change or restrict part of the functional effects of the Software for the purpose of business development, and to the maximum extent permitted by applicable law, the Licensee agrees and acknowledges that FMSoft assumes no liability whatsoever in respect of any damages suffered by the Licensee as a result of such change or restriction.
6.2 FMSoft reserves the right to amend or suspend its Service for the Software at any time for repair, maintenance or any other purposes which FMSoft deems necessary and to provide notice as may be reasonably possible to the Licensee. To the maximum extent permitted by applicable law, the Licensee agrees and acknowledges that FMSoft shall not be responsible to the Licensee or any third party for FMSoft’s exercise of its right to amend or suspend the Service.
7. NO WARRANTY
To the maximum extent permitted by applicable law, the Software is offered on an “as-is” basis and no warranty, either express, implied or statutory, is given. FMSoft expressly disclaim all warranties of any kind, whether express, implied or statutory, including, but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement.
8. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND OTHER DAMAGES
8.1 To the maximum extent permitted by applicable law, the Licensee agrees and acknowledges that in no event shall FMSoft, its Affiliates (as defined below), employees, officers or agents be liable for any special, incidental, punitive, indirect, or consequential damages whatsoever (including but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Software or any part or component thereof, or otherwise under or in connection with any provision of the EULA, even in the event of the fault, tort, strict liability, breach of contract, or breach of warranty of FMSoft, and even if FMSoft or its Affiliates, employees, officers or agents has been advised of the possibility of such damages. For the avoidance of doubt, the Licensee agrees and acknowledges that in no event shall FMSoft or its Affiliates, employees, officers or agents be responsible or liable for any use of the Software by Licensee for the distribution of contents relating to obscenity, gambling, defamation, threats and information which inflicts hatred or dissension on individuals and/or certain groups of community based on ethnic group, religion, race, and group-based interest.
8.2 In this EULA, "Affiliates" shall mean any other person or entity which directly or indirectly Controls, is Controlled by, or is under direct or indirect common Control with FMSoft from time to time. "Control" shall mean: (a) the ownership or control (whether directly or indirectly) of more than thirty percent (30%) of the voting share capital of the relevant undertaking; or (b) the ability to direct the casting of more than thirty percent (30%) of the votes exercisable at general meetings of the relevant undertaking on all, or substantially all, matters; (c) possess, directly or indirectly, the power to direct or cause the direction of the management and operating policies of the entity whether by way contract, management agreement, voting trust or otherwise; or (d) the right to appoint or remove directors of the relevant undertaking holding a majority of the voting rights at meeting of the board on all, or substantially all, matters and "Controls" and "Controlled" shall be construed accordingly.
8.3. As with other mobile terminal software, the Software could be used as a tool for harassment and breaches of security, Licensee hereby agrees and acknowledges that, notwithstanding that the Licensee takes appropriate steps to minimize such risks, the likelihood of the occurrence of such risks cannot be excluded altogether, and the Licensee agrees and acknowledges that FMSoft and its Affiliates, employees, officers or agents will not bear any liability for such risks, including, without limitation, the following:
(i) other software downloaded and installed by the Licensee containing viruses, such as Trojan Horse, which threatens the security of the personal information and data and as a result, adversely affects the normal use of the Software;
(ii) the mobile terminal is infected by a virus or is damaged as a result of the Licensee browsing or visiting web pages; or
(iii) the Licensee fails to normally download files due to any reason, including because of the supplier of the files to be downloaded, the network, the software or hardware used by the Licensee.
8.4 To the maximum extent permitted by applicable law, the Licensee agrees and acknowledges that FMSoft and/or its Affiliates, employees, officers or agents shall bear no liability for the Licensee's all possible losses caused by a third party's communication line error, technical problem, network or mobile communication terminal failure, system instability, and other force majeure events.
8.5 All software derived from the Software that are not developed and formally released by FMSoft or not authorized by FMSoft are illegal. The download, installation or use of said illegal software may bring about unpredictable risks to the Licensee. To the maximum extent permitted by applicable law, the Licensee agrees and acknowledges that FMSoft shall not be responsible for any legal liability and dispute arising from said download, installation or use.
9. LICENSEE'S WARRANTIES
9.1 Except as expressly set out in this EULA or as specifically prohibited by any applicable mandatory law, Licensee warrants, represents and undertakes that it shall:
(i) bear the risks for the use of the Software and possess the rights and conditions required for the running of the Software, and the Licensee must ensure that it has the right to use Android operating systems;
(ii) use the Software in accordance with the provisions of this EULA and all applicable laws; and
(iii) read carefully all instructions for the use and operation of the Software before downloading, setting-up, installing or using all or any portion of the Software.
10. PERSONAL INFORMATION
10.1 This Clause 11 and the Privacy Statement set out in Schedule 1 hereto (the “Privacy Statement”) explain how we (either itself or acting through Affiliates or other third parties) collect and use your personal information. This Clause and the Privacy Statement only apply to Software and the Software services.
10.2 The Licensee should refer to the Privacy Statement, which the Licensee represents it has read and agreed to by agreeing to the terms of this EULA.
10.3 The Licensee agrees and acknowledges that personal information means such information that can directly or indirectly identify the Licensee, including the following: the Licensee’s name., mobile number, IP address, e-mail, address and certain information regarding the Licensee's use of the Software, internet browsing and surfing habits, and any other information which may be deemed personal information under applicable law and regulation.
10.4 We respect the privacy of the Licensee’s personal information and we will take reasonable measures to protect the Licensee’s personal information. Unless with the Licensee's consent, save for the purpose(s) of complying with law, judicial proceedings or other legal processes, requests by courts or government departments, or purposes as listed in the section headed “How FMSoft uses your information” in the Privacy Statement for which the Licensee has given consent, we will not make the Licensee’s personal information public or disclose them to a third party except as provided for in the Privacy Statement.
10.5 The Licensee hereby agrees and acknowledges that usage of the Software to visit third party websites could result in the collection of the Licensee's personal information by those websites, and that we and our Affiliates and their respective employees, officers or agents shall not be responsible or liable for the data privacy practices of those websites, including without limitation the collection, handling, use, processing and retention of the Licensee's personal information.
10.6 The Licensee hereby agrees and acknowledges that, in order to operate and improve the technologies and quality of our Services, we might have to collect and use the Licensee’s personal information and/or provide third parties with such information and the Licensee hereby consents to the collection, use and transfer of that personal information. Further detail is set out in the Privacy Statement.
10.7 The Licensee hereby agrees, consents and acknowledges that we may collect, use, handle, process and/or transfer the Licensee's personal information for the purposes set out in the Privacy Statement.
10.8 In the event the Licensee uses specific functions of our Software, or when the Licensee requests us or its partners to offer particular services, the Licensee agrees and acknowledges that we and/or its partners may have to provide the Licensee's personal information to the relevant third parties.
10.9 To the maximum extent as permitted by applicable law and regulations, we have the right to release advertisements and/or other information during or through Services and such advertisements and/or information may appear in the form of system message or popup window, etc.
11. CONSENT TO THE USE OF MOBILE COMMUNICATION TERMINAL RESOURCES.
11.1 The Software requires all Licensees to use the Software jointly and to maintain the benefit and functionality provided by the Software. The Licensee hereby acknowledges, consents and agrees that the Software may make use of the Licensee's resources, such as the processor of the Licensee's mobile communication terminal and the bandwidth, for the limited purpose of allowing other Licensees of the Software to communicate with the Licensee and share the Software and the Services. Where applicable, the costs of such use by the Software of the Licensee's resources (including without limitation costs of service providers) shall be solely borne by the Licensee. The Licensee hereby agrees and acknowledges that the Licensee's enjoyment and/or experience in using the Software for communicating with other Licensees could be affected depending on the actions of other Licensees beyond the control of FMSoft and for which FMSoft, its Affiliates, employees, officers or agents shall not be responsible in any way.
11.2 The Licensee acknowledges that FMSoft will use its commercially reasonable effort to protect the Licensee's mobile communication terminal resources and the privacy and completeness of the Licensee's communications via the mobile communication terminal. However, the Licensee acknowledges and agrees that FMSoft will not provide any warranty therefor.
12. LIMITATION OF LIABILITY
Notwithstanding any damages that Licensee might incur for any reason whatsoever and to the maximum extent permitted by applicable law, the Licensee hereby acknowledges, consents and agrees that the entire liability of FMSoft, its Affiliates and any of its suppliers under any provision of this EULA shall be limited and in no event will FMSoft, its Affiliates or its suppliers total cumulative and aggregate liability exceed HK$5.
13.1 By accepting the EULA, Licensee agrees to indemnify and otherwise hold harmless FMSoft, its officers, employee, agents, subsidiaries, Affiliates, and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from Licensee’s use of the Software or any other matter relating to the Software or this EULA.
13.2 For the avoidance of doubt, if the Licensee's breach of this EULA (including but not limited to the acts stipulated in Clause 4.1 above) or relevant terms of Service brings about any third party's claims, demands or losses to FMSoft, including attorney's fees, the Licensee hereby agrees to indemnify and hold FMSoft harmless from all losses caused by said claims, demands or losses.
14.1 The Software is protected by law, licensee hereby acknowledges that all intellectual property rights in the Software (including but not limited to any images, text, audio, video, and "applets" incorporated into the Software) throughout the world belong to FMSoft, that rights in the Software are licensed (not sold) to Licensee, and that Licensee has no rights in, or to, the Software other than the right to use it in accordance with the terms of this EULA. Licensee acknowledges and agrees that Licensee has no right to access the Software in source code form.
14.2 The Licensee further agrees and acknowledges that all the contents in any advertisements and commercial information provided by FMSoft for the Licensee via the Software are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Licensee may only use content from said advertisements or commercial information with the written consent of FMSoft, and shall not copy, amend or compile said advertisements or commercial, or create derivative products based on the same without FMSoft's authorization.
14.3 Espier, the Espier logo, and other Espier names and logos are the trademarks of Espier, use of which for any purposes by the Licensee without the written consent from Espier is strictly prohibited. FMSoft reserves all rights to claim remedies against the Licensee, including without limitation damages and injunctive relief, in respect of any unauthorized use of Espier's intellectual property.
15. ENTIRE AGREEMENT
The EULA constitutes the entire agreement between FMSoft and Licensee and governs Licensee’s use of the Software, superceding any prior agreement between Licensee and FMSoft relating to the subject matter hereof. If any provision of this EULA is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of the EULA will remain in force and effect.
Licensee may not assign this EULA, and any attempted assignment will be null and void.
17. GOVERNING LAW
This EULA will be governed by and construed in accordance with the laws of China without regard to conflict of laws principles.
18. DISPUTE RESOLUTION
18.1 Any dispute or controversy under this EULA shall firstly be resolved through amicable negotiation. If no agreement is reached through such negotiations, the parties hereby agree to refer the dispute or controversy to arbitration pursuant to Clause 18.2 below.
18.2 Subject to Clause 18.1 above, the parties agree that any dispute, controversy or claim arising out or relating to this EULA, or the breach, termination or invalidity thereof, shall be settled by final and binding arbitration in China under the Arbitration rules of the Beijing Arbitration Commission in force when the Notice of Arbitration is submitted in accordance with these Rules. The place of arbitration shall be in China at the Beijing Arbitration Commission.
18.3 The tribunal for any arbitration shall consist of three arbitrators with each party appointing one arbitrator and the two arbitrators thus appointed shall choose the third arbitrator who will act as the presiding arbitrator of the Tribunal.
18.4 The language to be used in the arbitral proceedings shall be English.
This EULA is provided in English, although it may be translated into any other language at sole discretion of FMSoft or by requirement of law. In the event of any discrepancies between the English version and any other language versions, the English version shall prevail.
If the Licensee has any questions or comments as regards this Software, please contact us at firstname.lastname@example.org.
Privacy Statement for Software
FMSoft is committed to protecting your privacy while providing you with the products and services that serve your needs. The operation of these products and services may require the collection and use of your personal information. This privacy statement explains how FMSoft Software Limited ("FMSoft" or “We”) collects and uses your personal information by the Software in those situations. This privacy statement only applies to Software and services and does not apply to other FMSoft websites, products or services. Please read the following Privacy Statement to understand how FMSoft uses any information collected from you through your use of Software.
By installing or using the Software, you acknowledge, agree and consent that your Personal Information (as defined below) will be handled as described in this Privacy Statement, which is incorporated by reference into the Software End User License and Services Agreement for Espier Software (“EULA”).
It is your responsibility to read and accept the terms of service and privacy policies for the websites you visit. FMSoft is not responsible for the privacy practices of other entities, including websites whose advertisements may appear on Software. This Privacy Statement applies solely to information collected by FMSoft with your use of Software.
INFORMATION WE COLLECT FROM YOU
What information FMSoft collects or receives from you depends on how you use Software, which may include the following:
Your Personal Information
"Personal Information" is information that you provide to FMSoft which personally identifies you, such as your name, mobile number, IP address, e-mail and certain information regarding the Licensee's use of the Software, internet browsing and surfing habits, or any other information which may be deemed personal information under applicable law. When you provide your Personal Information to FMSoft using Software, FMSoft receives and stores this information in order to respond to your using needs and requests. For example, we may use your Personal Information when providing you with customer technical support. You can choose not to provide your Personal Information, but then you might not be able to take advantage of all the features in Software.
Information We Collect Automatically
We receive and store certain types of information whenever you interact with us. For example, upon your confirmation, we receive information from your mobile address book, which we use to allow other Licensees of the Software who has been added in your address book list to communicate with you. Like many communication software, Software supports the collection of your Personal Information, including but not limited to geographical location data through optional “plug-ins” and the use of other automated tools to allow other Licensees and you to share the Software and the Services. Though such information will typically be used in an aggregated way to improve our products and Services, some information we collect, may be used to offer you products and Services specifically based on your preferences and usage.
In addition, our servers automatically recognize your IP address and other technical information about your mobile device. See the section below entitled “IP Address Information” for more information.
HOW FMSOFT USES YOUR INFORMATION
FMSoft may use the information we collect about you for any of the following purposes:
- To better understand how users access and use our products and services, including Software, on an aggregated and individualized basis, for the purposes of improving our products and services, and to respond to customer desires and preferences.
- To improve our products and services by providing personalized experiences and recommendations, language and location customization, personalized help and instructions, or other responses to your and other customers’ usage of our products and services.
- To communicate with you for other customer service, software verification or software upgrades. This may include location verification for products and services which may have limited geographical access, and the like.
- To offer you content, services, games or other products and services.
- To ask you to participate in surveys about products and services.
- To provide you with news and newsletters, special offers, promotions, and targeted advertising.
- To improve our products and services by providing language and location customization, personalized help and instructions, or other responses to your and other customers’ usage of our products and services.
We may disclose information about you to third parties acting on our behalf or who are our subsidiaries or Affiliates. These third parties may assist FMSoft with marketing, resolving service problems, and correcting errors related to the execution of FMSoft’s products including Software. However, we do not give these third parties (other than our subsidiaries and Affiliates) an independent right to share or use your personal information.
In addition, we may use your personal data for the purpose of sending you messages (whether by messaging within Software, email, SMS or other means) offering or advertising:
HOW AND WHEN FMSOFT SHARES INFORMATION
Information about our users is an important part of our business, and we are not in the business of selling it to others. We share customer information only as compatible with the purposes described above, and when we have your permission or as described in this section.
We may share your information with our subsidiaries and Affiliates that we own or control but only if those entities are either subject to this Privacy Statement or follow practices at least as protective as those described in this Privacy Statement.
Contractors and Agents
As FMSoft continues to develop our business, we might sell or buy online stores, subsidiaries, or other businesses. In such transactions, customer information generally would be one of the transferred business assets but remains subject to the promises made in any pre-existing privacy statement or policy (unless, of course, the customer consents otherwise).
Protection of FMSoft
RETENTION OF YOUR INFORMATION
We may retain any information collected from you for the period necessary to fulfill the purposes as outlined in this Policy Statement unless a longer retention period is required by applicable law.
SECURITY OF YOUR INFORMATION
FMSoft is committed to protecting the security of your Personal Information. We use a variety of security technologies and procedures to help protect your Personal Information from loss, misuse, unauthorized access, use, disclosure, alteration and destruction.
Please be aware that despite our best efforts, no data security measures can guarantee 100% security all of the time.
Any information we collect will be securely processed, stored and archived in databases and backups that could reside outside of your jurisdiction, including without limitation the Hong Kong Special Administration.
If you have any questions about the security of your information, please contact us at email@example.com.
EULA, Notices, and Revisions
If you choose to use Software, any dispute over privacy is subject to this Privacy Statement and the provision of the EULA, including without limitation applicable limitations on damages, arbitration of disputes, and application of the law of China. If you have any concerns about your privacy, please contact us by emailing firstname.lastname@example.org with a thorough description or your question or concern, and we will try to resolve it.
EXEMPTION OF LIABILITY
FMSoft, its Affiliates, employees, officers and agents shall not be liable for (i) any disclosure of your Personal Information as required by law or relevant governmental authority; (ii) any disclosure of your Personal Information as a result of your own actions or negligent acts (including without limitation the disclosure by you of your Personal Information to any websites, forums, or social networking sites); (iii) any consequence resulting from hackers, computer viruses or temporary closure of our services; or (v) any consequence resulting from Acts of God beyond FMSoft’s control.
In addition, all provisions of the EULA, including without limitation the limitation of liability and indemnification provisions shall also apply.
If you have questions about the privacy aspects of our products or services, please contact email@example.com
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