Terms Of Use For RBrowser

Terms Of Use For RBrowser

BY ACCEPTING DELIVERY OF THE SOFTWARE AND/OR SERVICES, YOU (HEREINAFTER “User”) ARE EXPRESSLY AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS ARE CONSIDERED AN OFFER BY RBrowser, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. RBrowser IS WILLING TO MAKE THE SOFTWARE AVAILABLE TO USER ONLY UPON THE CONDITION THAT USER ACCEPTS THE TERMS OF THIS AGREEMENT. WRITTEN APPROVAL IS NOT A PREREQUISITE TO THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT. TERMS AND CONDITIONS. This End-User License Agreement (the “Agreement”) is between User and RBrowser. This Agreement governs User’s use of the Software provided to User by RBrowser, including any releases of or to the Software that User may receive from RBrowser, together with the documentation included therewith.

This Agreement is a legal agreement between you and RBrowser for the Application, which includes computer software and may include “online” or electronic documentation. RBrowser reserves the right to change the terms and conditions of this Agreement at any time and such changes will be effective upon notice to you. Your continued use of the Application after any such change will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using this Application.

  1. License. Subject to the terms of this Agreement, RBrowser grants to you (i) a nontransferable, nonexclusive, royalty-free, fully paid, worldwide license to permit those individuals authorized by you (“Users”) to use, execute and display the Application, in executable object code format only, solely for your own internal business operations. You agree to use the Application only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use of the Application.

  2. Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose or otherwise commercially exploit or make the Application available to any third party other than an authorized User; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Application; (c) you shall not access the Application to build a similar or competitive product or service; (d) except as expressly stated herein, no part of the Application may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording or other means; and (e) any future release, update, or other addition to functionality of the Application shall be subject to the terms of this Agreement.

  3. Collection of Data. By participating user experience analytics, you allow an agent running in the background. It will collect the user experience data to help RBrowser’s future improvements, as further described in our privacy policy, which is hereby incorporated by reference.

  4. Disclaimer of Warranties. THE SOFTWARE AND SERVICES ARE PROVIDED “AS IS,” AND ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, ACCURACY OR COMPLETENESS, SATISFACTORY QUALITY, AND QUIET ENJOYMENT, OR OTHER WARRANTIES OR CONDITIONS ARISING BY STATUTE, OPERATION OR LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE ARE HEREBY DISCLAIMED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER. RBrowser DOES NOT WARRANT THAT THE USE OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE OR SERVICES DO NOT CONTAIN ANY VIRUSES. THIS WARRANTY DISCLAIMER IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN USER AND RBrowser. RBrowser WOULD NOT PROVIDE THE SOFTWARE OR SERVICES ABSENT SUCH DISCLAIMER. NO REPRESENTATIONS OR WARRANTIES ARE MADE BY ANY SUPPLIERS TO RBrowser UNDER OR BY VIRTUE OF THIS AGREEMENT.

  5. Limitation of Liability. IN NO EVENT SHALL RBrowser BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DAMAGES FOR INTERRUPTION OF BUSINESS, LOST DATA, LOST PROFITS, OR THE LIKE) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF RBrowser ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNT PAID TO RBrowser IN RESPECT OF THE SOFTWARE GIVING RISE TO THE CLAIM OR IF NO FEES WERE PAID THEN FIFTY DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING EXCLUSION AND LIMITATION MAY NOT APPLY TO USER. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN. IN NO EVENT WILL ANY SUPPLIER TO RBrowser HAVE ANY LIABILITY TO USER UNDER THIS AGREEMENT. THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN USER AND RBrowser. RBrowser WOULD NOT PROVIDE THE SOFTWARE TO USER ABSENT SUCH LIMITATION.

  6. Basis of Bargain. The warranty disclaimer and limitation of liability set forth above are fundamental elements of the basis of the agreement between RBrowser and you. RBrowser would not be able to provide the Application on an economic basis without such limitations. The warranty disclaimer and limitation of liability inure to the benefit of RBrowser’s suppliers.

  7. Consumer End Users Only. The limitations or exclusions of warranties and liability contained in this Agreement do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods otherwise than in the course of a business. The limitations or exclusions of warranties and remedies contained in this Agreement shall apply to you only to the extent such limitations or exclusions and remedies are permitted under the laws of the jurisdiction where you are located.

  8. Term and Termination. The term of this Agreement will commence upon User’s download of the Software and/or User’s commencement of the Services and, unless earlier terminated as provided in this Section 8, will continue in perpetuity. This Agreement will immediately terminate upon User’s breach of this Agreement, unless such breach is curable and is actually and immediately cured by User after RBrowser　provides notice of breach to User. Upon the termination of this Agreement, User will discontinue all use of the Software and/or Services, promptly destroy or have destroyed the Software and any copies thereof, and, upon request by RBrowser, certify in writing to RBrowser that such destruction has taken place. These remedies are cumulative and in addition to any other remedies available to RBrowser.Your obligations under this section shall survive the expiration or termination of this Agreement.

  9. INJUNCTIVE RELIEF. User acknowledges and agrees that the Software and Services contain valuable trade secrets, confidential information and proprietary information of RBrowser. User further acknowledge that any actual or threatened breach or violation of Section 1 or Section 2 of this Agreement will constitute immediate, irreparable harm to RBrowser　for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for any such breach or violation.

  10. Miscellaneous. User acknowledges and agrees that the Software may contain cryptographic functionality the export of which is restricted under applicable export control law. User will comply with all applicable laws and regulations in User’s activities under this Agreement. User will not export or re-export the Software in violation of such laws or regulations or without all required licenses and authorizations. This Agreement will be governed by the laws of China without giving effect to any conflicts of law principles that may require the application of the laws of a different country. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. All actions or proceedings arising under or related to this Agreement must be brought in Guangzhou Arbitration Commission, and each party hereby agrees to irrevocably submit to the jurisdiction and venue of any such court in all such actions or proceedings. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall not be affected or impaired thereby. User may not assign or transfer this Agreement without obtaining RBrowser’s prior written consent, and any purported assignment or transfer in violation of this Section 12 will be null and void. RBrowser may update the terms of this Agreement if and when User install and update or upgrade to the Software and/or Services. User will be responsible for all of User’s access and data charges from User’s Internet service provider or mobile operator. Applications User downloads or that are made available to User may automatically connect to the Internet to update information or provide a service to User.

  11. Questions or Additional Information. If you have questions regarding this Agreement, or wish to obtain additional information, please send an e-mail to 1242296736@qq.com.