Banana Summer Technology Inc reminds users to read this Software License and Services Agreement (hereinafter referred to as this "Agreement") and its terms and conditions carefully, including the exemption clauses regarding the exemption or limitation of Banana Summer Technology Inc.'s (hereinafter may be referred to as "Banana Summer") liabilities and limitations to the rights of users. Users are required to either accept or not accept the Agreement after reading it (minors should read this Agreement under the guidance of their legal guardian). Only after reading and accepting this Agreement shall users be entitled to download, install and/or use this software and all related services. The installation and use of the software by users will be deemed as acceptance of this Agreement including any of its amendments, as well as consent to be subject to the restrictions and obligations contained within this Agreement.
This Agreement is subject to being revised at any time by Banana Summer without prior notice. Once any change occurs to this Agreement, Banana Summer will post the updates on its website or in the context of the Software itself, with the updated Agreement replacing all previous versions immediately. Users may log on to the Software or Banana Summer's website at any time to check the latest version of the Agreement. If you refuse to accept the terms after any changes have occurred, please immediately stop using the Software and related services provided by Banana Summer. Continuous use of the Software and services provided by Banana Summer shall be deemed as acceptance of the revised Agreement.
Except for provisions expressly prescribed in this Agreement, the Agreement does not include any terms related to other services or products provided by Banana Summer, its Partners or other parties through the use of this Software. However, additional terms may exist for such services, and it is the users' obligation to understand and acknowledge all service-related terms and conditions when using such services. Use of such service(s) shall be deemed as acceptance of such terms of service.
a. This Software was developed by Banana Summer. All intellectual property rights of the Software, as well as all other information, including but not limited to literal expression and combinations, icons, illustrations, charts, colors, interface design, layout framework, data, printed materials and electronic documents, are the exclusive property of Banana Summer, and are subject to protections in accordance with the domestic and international laws and regulations, the International Copyright Treaty and other applicable laws and regulations.
b. Without Banana Summer's written consent, users shall not implement, use, transfer, or permit any third party to implement, use or transfer the intellectual property mentioned above for any purposes. Users agree not to conduct any acts that could in any way impair and/or damage Banana Summer's rights in connection with the intellectual property mentioned herein. Banana Summer reserves the right to seek accountability for such unauthorized acts, and users shall be liable for any and all damages, losses, costs and expenses Banana Summer incurs in connection with a user's violation of this clause 1.2 and/or any other clauses provided in this Agreement.
a. Use of this Software must comply with the applicable laws and policies, safeguard the national interests and national security, and be in compliance with this Agreement. For any liabilities resulting from use of the Software by a user in violation of the applicable laws or this Agreement, the user should be held fully accountable, and Banana Summer and its Partners shall have no liability whatsoever. If any loss is caused to Banana Summer and its Partners, Banana Summer and its Partners shall be entitled to (i) compensation from the user for any and all resulting losses, damages, expenses and costs, and (ii) immediately terminate the provision of services to the user.
b. This Software might be subject to a variety of security issues. For example, software downloaded and installed from a third party may contain "Trojan horse" viruses, which endanger the security of the user's computer information, network synchronization data and other data, so as to affect the normal use of the Software. Users should understand that Banana Summer assumes no liability for any damages, losses or liabilities resulting from such uncontrollable factors. Users should enhance their own individual understanding of information security and the protection of user data, and should pay attention to password protection to prevent damages and/or losses.
c. Any software derived from this Software, which is developed and released without the authorization of Banana Summer shall be considered as breach of this Agreement and shall be considered illegal, and in contravention of related laws and regulations. Users are encouraged to not download, install and use such Software. Banana Summer assumes no liability for any legal problems or disputes arising thereof.
d. Users agree that Banana Summer needs user information (including but not limited to user Personal Information and user Non-personal Information) for the reasons below: (1) Software verification; (2) Software upgrading; (3) Network synchronization; (4) Improving security of Software and providing customer support; (5) When a user needs to use special functions of the Software or requests Banana Summer or its partners to provide special services, Banana Summer or its partners need to provide the user's information to the related third party; and (6) Other conditions in favor of the benefits of both users and Banana Summer.
e. "User consent" can be expressed by: (1) Acceptance of this Agreement and the Terms of Service released by Banana Summer; (2) Downloading, installing or using this Software; (3) User's oral or written consent via email, phone call, fax, instant messaging, etc. (4) User does not object to the "implied consent" included in the Agreement or Service Announcement; or (5) Any other means as recognized by Banana Summer and user.
f. Banana Summer reserves the right to disclose any information at any time upon request under applicable laws, regulations, legal processes or government departments, or the right to completely or partially edit, refuse to post or delete any information or data at its own discretion.
g. All legal rights with respect to third-party software included in this Software with respect to downloading and upgrading services shall remain with such third party. Any disputes arising from third-party software shall be settled by the third party, and Banana Summer will assume no responsibility whatsoever. Banana Summer shall not provide any customer service for any third-party software or technology; if you need support, please contact the supplier of such software or technology.
h. This Software does not provide any representations, guarantees or warranties with respect to security, legality, compatibility and/or harmlessness regarding the installation, upgrade and/or other aspects of any third-party software involved. Any disputes arising thereof shall be settled by the third party, and Banana Summer will assume no responsibility or liability whatsoever.
i. All legal rights with respect to any third-party software integrated in, or utilized through, this Software shall remain the rights of such third party owner(s). The download, installation and/or use of such third-party software is subject to any applicable restrictions contained within any applicable licensing agreements. Any disputes arising from the use of third-party software shall be settled by the third party, and Banana Summer will assume no responsibility or liability
a. Protection of User's Computer (Resources): User agrees that Banana Summer will, through the use of this Software, will make reasonable efforts to protect the privacy and integrity of user's computer resources and computer communications. However, users acknowledge and agree that Banana Summer makes no warranties or guarantees in this regard whatsoever.
b. Users are reminded that Banana Summer reserves the right to modify or discontinue the license of this Software at any time without prior notice, for any reason whatsoever. If necessary, Banana Summer will use reasonable efforts to publish such modification or discontinuation on a notice posted on Banana Summer's website.
c. User shall bear all liability and risks in connection with the use of this Software. Banana Summer and its Partners do not provide any type of guarantee, representations or warranties, whether express or implied, or any legal guarantees or conditions, including but not limited to express or implied guarantees and conditions of merchantability, applicability, non-virus, non-negligence, no technical defects, ownership and non-infringement. Banana Summer and its Partners assume no liability for any direct, indirect, incidental, special and subsequent damages and risks due to use or unable to use this Software under any circumstances.
d. Banana Summer and its Partners assume no responsibility for any economic losses caused to users due to communication line failures, technical problems, network problems, computer malfunctions, system instability and other uncontrollable causes.
For more information or any questions or concern, please contact below;
Email: [email protected]