Software License Agreement
This Software License Agreement (hereinafter referred to as the “Agreement”) is made by and between NQ Mobile Inc. (hereinafter referred to as “NQ Mobile”) and the Licensee (hereinafter referred to as “you”) on the basis of voluntariness and the rights provided in the Agreement are protected by the laws of all applicable jurisdictions.
I. Acceptance
NQ Mobile authorizes you the right to use this software (together with all
associated information, documentation and software, the “Software”) on the
condition that you accept all the terms of this Agreement. Please read all the
terms and conditions carefully before using the Software. If you accept all the
terms of this Agreement, please continue to activate or start to use the
Software. If you do not or cannot agree to this Agreement, please exit the
Software immediately, cease loading or using the Software in any manner and
completely remove the Software from your device. If you do not or cannot agree
to this Agreement, you are not granted any rights to access or use the
Software. YOU ACKNOWLEDGE AND AGREE THAT BY BROWSING OR USING THE SOFTWARE OR
SERVICES OFFERED BY NQ MOBILE, YOU HAVE AGREED TO BE BOUND BY THIS AGREEMENT.
Please note that NQ Mobile reserves the right to revise the terms of this
Agreement at any time by posting an update to this page. Your continued use of
the Software following the posting of changes to this Agreement will mean you
also accept those changes.
If you have any questions about this Agreement, please contact NQ Mobile.
II. License
NQ Mobile hereby grants to you a limited, non-exclusive, revocable, non-sublicensable and non-transferable license to use the
Software solely in accordance with the terms and conditions of this Agreement.
III. Scope of Use
NQ Mobile grants you the right to use the Software only for your personal or
business use on a mobile device that you own or control, unless otherwise
specified by NQ Mobile. You must use the Software in compliance with all
applicable laws and regulations. You must comply with applicable third party
terms of agreement when using the Software (e.g. your wireless data service
agreement). NQ Mobile has no obligation whatsoever to furnish any maintenance
and support services with respect to the Software.
You can use some of the Software’s functions for free and pay for certain
premium functions; the Software will indicate which functions are fee-charging
functions during your use. NQ Mobile is not responsible for any expenses you
may incur due to reasons other than function fulfillment of the Software, such
as data traffic costs.
IV. Use Restrictions
You shall not, and shall not permit any third parties to, in any manner:
1. modify, alter, amend, fix, translate, enhance or otherwise create derivative
works of the Software;
2. reverse engineer, disassemble, decompile, decode or adapt the Software, or
otherwise attempt to derive or gain access to the source code of the Software,
in whole or in part, except as and only to the extent this restriction is prohibited
by law;
3. remove, disable, or otherwise create or implement any workaround to any
security features contained in the Software;
4. remove, delete or alter any trademark or copyright notices or other
Intellectual Property Rights (as defined herein) notices of NQ Mobile or its
licensors, if any, from the Software;
5. copy the Software, in whole or in part;
6. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer
or otherwise make the Software or its related documents available to any third
party for any reason, commercial or otherwise;
7. use the Software for purposes of competitive analysis, the development of a
competing software product or any other purpose that is to NQ Mobile's
commercial disadvantage;
8. use the Software in any manner that could impair any NQ Mobile site or
products or services in any way or interfere with any party's use or enjoyment
of any NQ Mobile site or products or services;
9. charge any fees in any way if you recommend the Software to other people.
If you violate any of the foregoing, NQ Mobile shall have the right to
terminate your license to the Software and to investigate legal liabilities of
all individuals and entities involved and hold such individuals and entities
liable.
V. Intellectual Property
1. Ownership. The Software is proprietary to NQ Mobile. You acknowledge and
agree that the Software is being licensed, not sold, to you by NQ Mobile. You
further acknowledge and agree that you shall not acquire any ownership interest
in the Software, and that NQ Mobile shall retain its entire right, title and
interest in and to the Software and all Intellectual Property Rights (as
defined herein) arising out of or relating to the Software except as expressly
granted to you in this Agreement. “Intellectual Property Rights” means all (a)
patents, patent disclosures and inventions (whether patentable or not), (b)
trademarks, service marks, trade dress, trade names, logos, corporate names and
domain names, (c) copyrights and copyrightable works (including computer
programs), mask works and rights in data and databases, (d) trade secrets, know
and other confidential or proprietary information, and (e) all other
intellectual property rights, in each case whether registered or unregistered
and including all applications for, and renewals or extensions of, such rights,
and all similar or equivalent rights or forms of protection provided by
applicable law, regulations or rules in any jurisdiction throughout the world.
You shall promptly notify NQ Mobile if you become aware of any possible
third-party infringement of NQ Mobile's Intellectual Property Rights arising
out of or relating to the Software and fully cooperate with NQ Mobile in any
legal action taken by NQ Mobile against third parties to enforce its Intellectual
Property Rights. You shall safeguard the Software (including all copies
thereof) from infringement, misappropriation, theft, misuse or unauthorized
access.
2. NQ Mobile Intellectual Property Rights
All Intellectual Property Rights to the
Software and all of its contents and to all other proprietary products and
services of NQ Mobile, including without limitation products and services
released solely or jointly with its partners, are owned by NQ Mobile and are
protected by law.
Without NQ Mobile's written permission, no entity or individual shall use,
duplicate, change, copy, distribute or use or sell with other products any part
of the Software or any other product, information or materials owned by NQ
Mobile, in any manner for any reason whatsoever.
Without NQ Mobile's written permission, no entity or individual shall use,
duplicate, change, distribute, copy or infringe in other ways NQ Mobile's
trademarks in part or as a whole in any manner for any reason whatsoever,
including without limitation the following trademarks: A-Yong Image, NetQin Mobile Guard, NetQin
Mobile Security, NetQin Mobile Anti-virus, NetQin Mobile Manager, NQ Contacts, NQ Private Space, NQ
Secret Space, NQ Secret Box, NQ Calendar, NQ Space, NetQin Mobile Guard,
NetQin Mobile Assistant, Private Calls,
Easy Message and any marks used in connection with NQ Mobile’s special virus
removal tools.
NQ Mobile's core technology is protected by the patent laws of various
countries. Without NQ Mobile's written permission, no entity or individual
shall carry out, duplicate, modify, distribute, copy or infringe in other ways
NQ Mobile’s patented products and patented technology in any manner for any
reason whatsoever.
VI. Right of Reputation
As a legal person, NQ Mobile's rights of reputation are protected by the law.
Where the company's goodwill is slandered or the rights of reputation are
infringed by illegal means of forging and disseminating false information and
materials, or similar actions, NQ Mobile has the right to pursue legal
responsibilities according to law. Where the above Intellectual Property Rights
of NQ Mobile are infringed or the exercise of the Intellectual Property Rights
are hindered, legal responsibilities will be investigated according to law and
you may be held liable for such infringement and/or hindering.
VII. Termination
Your right to use the Software will terminate immediately if you (a) violate
any provision of this Agreement or (b) engage, or encourage others to engage,
in any misleading, fraudulent, improper, unlawful or dishonest act relating to
this Agreement. NQ Mobile may also terminate this Agreement, or suspend your
rights to use the Software effective immediately, if you fail to accept any new
terms to this Agreement or other requirements for using the Software. Either
party may terminate this Agreement for its convenience, for any reason or no
reason, effective 30 days after providing the other party with written notice
of its intent to terminate.
VIII. Effect of Termination
Upon the termination of this Agreement for any reason, you agree to immediately
cease all use of the Software and erase and destroy all copies, full or
partial, of the Software and any information pertaining to the Software or any
related services.
IX. Product Claims
NQ Mobile is not responsible for addressing and you hereby waive any claims by
you or any third party relating to the Software or your possession and/or use
of the Software, including but not limited to: (a) product liability claims;
(b) any claim the Software fails to conform to any applicable legal or
regulatory requirement; and (c) claims arising under consumer protection or
similar legislation.
X. Disclaimer of Warranties.
NQ Mobile disclaims responsibility for any harm resulting from your use of the
Software. The Software and the services accessed by it are provided "as
is" and "as available". NQ Mobile expressly disclaims to the
fullest extent permitted by law all express, implied and statutory warranties,
including without limitation the warranties of merchantability, fitness for a
particular purpose and non-infringement of proprietary rights, and any
warranties regarding the security, reliability, timeliness and performance of
the Software. You download and use the Software at your own discretion and
risk, and you are solely responsible for any damages to your hardware device(s)
or loss of data that results from the download or use of the Software. In the
event of any failure of the Software to conform to any applicable warranty, you
may notify NQ Mobile, and NQ Mobile will refund the purchase price, if
applicable, for the Software to you; and to the maximum extent permitted by
applicable law, NQ Mobile will have no other warranty obligation whatsoever
with respect to the Software.
XI. Limitation of Liability
Neither NQ Mobile nor its service providers will be liable to you or any user
for any use or misuse of the Software. Such limitation: (a) includes direct,
indirect, incidental, consequential, special, exemplary and punitive damages,
whether such claim is based on warranty, contract, tort or otherwise (even if
NQ Mobile has been advised of the possibility of such damages); (b) applies
whether damages arise from use or misuse of and reliance on the Software, from
inability to use the Software, or from the interruption, suspension, or
termination of the Software (including any damages incurred by third parties);
and (c) applies notwithstanding a failure of the essential purpose of any
limited remedy and to the fullest extent permitted by law.
XII. Indemnification
You will indemnify and hold harmless NQ Mobile and its parents, subsidiaries,
officers, directors, shareholders, agents and employees, from any claim made by
any third party due to or arising directly or indirectly out of your conduct or
in connection with your use of the Software, any alleged violation of the
Agreement or other applicable agreements between you and NQ Mobile, and any
alleged violation of any applicable law or regulation. NQ Mobile reserves the
right, at its own expense, to assume the exclusive defense and control of any
matter subject to indemnification by you, but doing so will not excuse your
indemnity obligations.
XIII. Privacy Policy
As a mobile security service provider, NQ Mobile may ask for or receive your
personal information when providing service for you, including your mobile
number, your E-mail address and so on. In order to effectively ensure the legal
rights you are entitled to regarding your personal information, especially your
rights to information, NQ Mobile adopts the Privacy Policy below and hereby
informs you of the types of information we collect, how we may use that
information and the measures we take to protect the security of the
information.
The following Privacy Policy applies to the whole process when you use the
Software or any other products and services from NQ Mobile’s website:
1. When We Collect Your Personal Information and What We Collect About You
Normally, we will collect your personal information when your service
subscription requires your personal information for real and effective user
identification, or when you download our products and activate/register such
products for use, or when you contact our Customer Service by phone, email or
IM (QQ, MSN) or other similar electronic means, or in other cases where you
have to provide them for using our services. Such information is usually
limited to your name, age, mobile phone number, E-mail and address.
2. Reading, Storage and Protection of Your Personal Information
When you download NQ Mobile products, including the Software, and
activate/register such products, our system will generate a user ID (UID) for
you at random, by which we identify the user and provide the services. However,
we will not match your mobile phone number with any other personal information
of yours and store them together.
To provide comprehensive security services for you, the Software may read
private information concerning your phone and your using of the phone,
including without limitation: SMS, MMS, Email, Contacts, call log, call
conversation, location information, the phone number, the IMSI, the IMEI, the
ICCID, the ESN and the model of the phone, the software that is installed and
apps that are running in the phone, and information about analytics on your
operation, your favorites, network connection and downloading, which is unique
and may contain your personal information, but is not sufficient for us to
recognize your identity.
The Software may read the device identifier of your phone in a variety of
circumstances, including without limitation: a) when you activate the Software
or register; b) when you subscribe to NQ Mobile services; or c) when you
connect to the server with the Software to update virus DB or anti-spam policy
DB.
The Software may read your location information in a variety of circumstances,
including without limitation: a) providing targeted and customized security
service according to your country or region; b) when you use the locate service
of anti-lost to track the location of your phone; or c) according to other
needs to provide services to the user or the needs to customize services for
the user.
The Software may read your SMS/MMS in a variety of circumstances, including
without limitation: a) scan websites and attachments in the messages to ensure
no malicious website or virus is contained; b) block spam messages; c) filter
private messages; d) block fee-deduction SMS sent by apps to prevent malicious
fee deduction; e) when you use SMS to recommend the product; f) SMS report for
SIM change in anti-lost service, remote control report and alert, etc; g) when
you report suspicious spam messages to NQ Mobile; or h) when you use Private
Space service to move private contacts’ SMS/MMS to a Private Space.
The Software may access your contacts in a variety of circumstances, including
without limitation: a) when you use the contacts backup service; b) when you
use the Software to group and manage contacts; c) when you recommend the
product or when you select import contacts as the Software requires you to
input the phone number; or d) when you use Private Space service to move
private contacts’ messages and call logs to a Private Space.
The Software may access your calls and call logs in a variety of circumstances,
including without limitation: a) when you use Private Space service to move
private contacts’ calls and call logs to a Private Space; b) when you use the
Software to locate the caller ID; or c) when you use the anti-eavesdropping service.
NQ Mobile provides contacts backup service, i.e. when you select the service, you
need to upload the contacts in your phone to NQ Mobile's server for backup, so
that the contacts will be retrieved or restored when needed. The contacts
backup is optional and provided based on your selection. No one (including NQ
Mobile staff) may access or use your data without passing account validation,
as the data are encrypted during the whole process from backup, storage to
retrieval, and are bundled with your account (i.e. NQ Mobile passport).
NQ Mobile provides global cloud security service and, to improve the service,
we may extract information about apps or threats in your device in a variety of
circumstances, including without limitation: a) when you connect to the cloud
security platform for online scanning; b) when you report suspicious virus,
threats or spam messages to NQ Mobile; or c) third-party app behavior log based
on dynamic detection technology. The analysis based on information above will
not be used for personal identification, the analysis results will be used for
improving the service, and the results from using and analyzing the information
shall be owned by NQ Mobile.
The Software may need to access the Internet (fees incurred thereby are charged
by the local carrier) in a variety of circumstances, including without
limitation to a) connect to the server to register for services; b) connect to
cloud security platform to get basic data needed for anti-virus, anti-annoyance
and other services to improve the quality of security service, ensure the NQ
Mobile product in your phone can protect you against the latest threats and
reject the latest annoyance calls, etc; c) detect user type to ensure smooth
provisioning of Pro Member services and non-Pro Member services; d) inquire
about version update of product or service to ensure timeliness of the product
or service; e) connect to the server to synchronize events information to
ensure better services from Smart Calendar; or f) provide other services.
Your personal information collected in the foregoing circumstances will be kept
confidential by NQ Mobile and shall not be used for illegal purposes, or
copied, used or provided to any third party illegally, or accessed by NQ Mobile
staff.
3. Restrictions
NQ Mobile will not intentionally disclose your personal information to third
parties, unless: authorized by you in writing; to protect others’ rights and
interests from material detriments; to promote public interests without
damaging your vital interests; or to comply with law or regulations.
4. Disclaimer
According to relevant laws and regulations and the legislation, NQ Mobile will
not be liable directly or indirectly for any consequences caused by the
following:
NQ Mobile provides your personal information as is required by the law or
government authorities; or Your personal information is disclosed for your own
reasons (for example you disclose to other people your password or you share
your account with other people); or A third party uses your personal
information as is reasonably provided by this Privacy Policy; or Your personal
information is disclosed due to unpredictable and inevitable risks of the
internet, including without limitation: virus attack, hijacking, temporary site
closure or server closure resulted from government control and inevitable
technical defects of the software due to technical level at the time of
development; or Your personal information is used in accordance with the
provisions of the law and this Privacy Policy.
5. Adolescent Privacy Protection NQ Mobile pays special attention to adolescent
privacy protection and hereby reminds you that: If you are below the age of 18,
please make sure that your legal guardian reads this Privacy Policy prior to
your using NQ Mobile products and consents to your using. It is the guardian’s
primary responsibility to protect the privacy of the adolescent under
guardianship. NQ Mobile will neither, without the guardian’s prior verifiable
consent (as is specified by NQ Mobile), use the personal information of
adolescents nor disclose identifiable information thereof to a third party
unless for the purpose of providing promised services to the adolescents. NQ
Mobile collects the name and other information of the guardian and the
adolescents for the sole purpose of obtaining the guardian’s permission, and
will remove such information from records unless permission is obtained within
a reasonable period of time. If you use our product, your acts of using and
relevant privacy protection will be subject to this Privacy Policy, and we
reserve the right to modify and update this Privacy Policy in our discretion.
If you use the Software, your acts of using and relevant privacy protection
will be subject to this Agreement, and we reserve the right to modify and
update this Agreement in our discretion.
XIV. Assignment/Change of Control
This Agreement may not be assigned, nor may any of your obligations under this
Agreement be delegated, in whole or in part, by you by operation of law,
merger, or any other means without NQ Mobile’s express prior written consent
and any attempted assignment without such consent will be null and void. NQ
Mobile may, without notice to you, assign this Agreement. Further, NQ Mobile
may perform all obligations, if any, to be performed by NQ Mobile under this
Agreement directly or may have some or all obligations performed by its
affiliates, agents and/or independent contractors.
XV. Severability
If a court of competent jurisdiction finds any clause of this Agreement to be
unenforceable for any reason, that clause of this Agreement shall be enforced
to the maximum extent permissible so as to effect the intent of the parties,
and the remainder of this Agreement shall continue in full force and effect.
XVI. Governing Law
The Agreement shall be governed by the laws of the State of New York, without
giving effect to any conflict of laws principles.
Thank you for choosing NetQin services and your comments and suggestions are always appreciated.
Should you have any questions, please contact us by:
Email: customersupport@nq.com
Address: Building No.4, 11 Hepingli East Street, Dongcheng District, Beijing, PR China, 100013