Service Agreement of Segment Bilgisayar
Welcome to Segment Bilgisayar!
Before accepting the Agreement, you are supposed to
thoroughly read all contents of the Agreement, and fully know its terms,
especially restrictive clauses or exceptions. Restrictive clauses or exceptions
are bold or highlighted in other forms to catch your attention. In case of any
doubt for the terms of the Agreement, please contact relevant business
department of Segment Bilgisayar. You are not allowed to use the service before
you have read and accepted all terms of the Agreement, relevant agreements and
rules, etc. Once you select "agree and submit the Agreement" (see
registration page for detailed wordings) and complete the registration
procedure, or you use the service in any form, it will be deemed that you have
read and agreed with the restriction of the Agreement and rules above. In case
of any breach of the Agreement, Segment Bilgisayar has the right to
unilaterally restrict, suspend or terminate the service for you, and has the
right to investigate your relevant responsibilities.
The Service
Agreement (hereinafter referred to as "the Agreement") is signed by
you and Segment Bilgisayar. It includes (but not limited to) Segment
Bilgisayar Privacy Policy and other contents. In case of change, Segment
Bilgisayar will announce by means of the licensed software sending a
message without further notification. Upon announcement, the changed agreement
and rules become a part to the Agreement automatically, without further
notification to you for your consent. In case of objection to such relevant
changes, stop use Segment Bilgisayar 's service; if you keep using it,
it will deemed as that you hold no objections against the changed rules and
agree to abide by them.
I. Definitions
of Terms
1.1 Licensed
software refers to software system developed by Segment Bilgisayar,
downloaded and installed and applied in specified system mobile terminals.
1.2 Services
refer to services provided for you by Segment Bilgisayar and its
suppliers. You can use such services on the mobile terminal with the licensed
software.
II. Service
2.1 Segment
Bilgisayar offers you intelligent life equipment management services,
based on which you can access the intelligent terminals on Segment
Bilgisayar and its suppliers' smart platform through the Segment
Bilgisayar Control, and realize interlinkage among intelligent
equipment. Service contents include intelligent equipment management, scene
interlinkage and analysis report, etc. Such functions may be optimized or
modified according to changes of users' demands or judgment of service supplier,
and service supply may be suspended due to regular and irregular maintenance.
III. Scope of
Service
3.1 Segment
Bilgisayar grants you with the right to use the product based on this software.
3.2 You are
prohibited to license, sell, lease, transfer, issue the product in any form, or
use the product for other commercial purpose.
3.3 Due to
limitations on software adaptation platform and terminals, you can only use the
licensed software in the authorized system platform and terminal; if you
install the licensed software on other terminal equipment, it may damage your
hardware or software function.
3.4 You
acknowledge that the licensed software can only be used for non-commercial
purpose and installation, application and running of the licensed software is
prohibited. If such commercial operation is necessary, prior written
authorization and permission from Segment Bilgisayar shall be
obtained.
3.5 Segment
Bilgisayar and its suppliers may change, upgrade or transfer the licensed
software or relevant functions from time to time, and may add new functions or
services in the licensed software system. If no separate agreements are
accompanied with the aforesaid new functions or services, you are entitled to
the corresponding functions and services, which is also subject to the
Agreement.
3.6 You shall
be responsible for the accuracy, reliability, integrity and legality of input
data and legality of the way in which you obtain the data, and shall back up
data and information from time to time. You shall bear all risks for damage and
loss of such information.
3.7 You shall
properly keep your account number and password. In case of any safety loophole
for your account (including but not limited to divulgence of user password),
you shall notify Segment Bilgisayar in time, and Segment
Bilgisayar will assist you in taking relevant measures. Otherwise, all
behaviors related to your account shall be assumed by you and you will bear all
responsibilities.
IV. A Third
Party
4.1 You
acknowledge that certain service of Segment Bilgisayar and its
suppliers is based on software or services provided by a third party. Such service
is set to facilitate your application and necessary legal authorization is
obtained from the third party.
4.2 The product
includes certain information and services of the third party. Segment
Bilgisayar and its suppliers neither controls nor bears responsibility
for information and services of the third party.
4.3 You
acknowledge that Segment Bilgisayar and its suppliers cannot
guarantee that the licensed software always uses or contains such services, or
that other software provided by the same third party will be used in future.
Likewise, it may use similar services supplied by another third party. Upon
application, the aforesaid corresponding software or services are subject to
this Agreement.
V. Service
Application Standard
5.1 You shall use the licensed software in a
normal manner. The following ways are in breach of the application standard:
1) Issue or
share computer virus, worms, malicious codes, or software that deliberately
damages or changes computer system or data;
2) Collect
information or data of other users without authorization, for example, email
address and the like;
3) Maliciously
use the product in an automatic way, causing over load to the server, or
interfere with or damage web server and network links in other forms.
4) Attempt to
visit server data or communication data of the product without authorization;
5) Interfere
with or damage the production application by other users.
5.2 You
understand and agree that:
1) Segment
Bilgisayar will determine whether or not you are involved in violation of
standards above, and suspend or terminate your application license according to
determination results or take other restrictions according to agreements.
2) Segment
Bilgisayar will directly delete information in breach of laws, or
infringing others' legal rights, or in breach of the Agreement issued by you
when using the licensed software.
3) If a third
party suffers from damage due to your breach of application standards, you
shall independently bear legal responsibility in your name, and protect and
indemnify Segment Bilgisayar from losses or additional expenses
generated therefrom. Otherwise, Segment Bilgisayar has the right to
claim compensation.
4) If Segment
Bilgisayar and its suppliers suffers from any loss due to your breach of
relevant laws or the Agreement, you shall compensate Segment Bilgisayar and
its suppliers for losses and (or) expenses generated therefrom.
VI. Information
Content Standard
6.1 You promise
that you will not conduct any act in breach of laws or improper behaviors by
using the service, such act and behavior include (but not limited to):
6.1.1
Uploading, transferring or sharing information containing one of the following
contents:
1) Opposing the
basic principles determined in the Constitution;
2) Endangering
state safety, disclosing state secret, subverting state power and sabotaging
state unity;
3) Damaging
state honor and benefit;
4) Inciting
national hatred and discrimination and sabotaging national unity;
5) Destroying
religious policy of the state and advocating heresy and feudalistic
superstition;
6) Spreading
rumors, disturbing social order and destroying social stability;
7) Spreading
obscenity, porn, gambling, violence , murder and terror or abetting a crime;
8) Insulting or
slandering others and infringing on the legal rights and interests of others;
9) Containing
contents of sham, defraudation, harm, threat, infringement to others' privacy,
harassment, infringement, slander, coarseness, indecency, or morally repulsive
contents;
10) Containing
other contents restricted or forbidden by applicable laws, regulations, rules,
provisions and other legal standards.
VII. Private
Policy and Data
7.1 It is
crucial for Segment Bilgisayar to protect your personal
information. Segment Bilgisayar prepares Segment Bilgisayar Privacy
Policy, in which contents related to ownership and protection of intellectual
property, collection, use, share, storage and protection, etc. of your
information are disclosed. You are suggested to thoroughly read Segment
Bilgisayar Privacy Policy.
VIII. Exception
Clauses
8.1 Unless otherwise specified in laws and
regulations, Segment Bilgisayar will do its best to ensure the security,
validity, accuracy and reliability of the licensed software and technologies
and information involved, but Segment Bilgisayar is unable to guarantee
the same due to restriction by available technologies nowadays. 8.2 You
understand that Segment Bilgisayar will not assume responsibility for
direct or indirect losses caused by force majeure and default of a third party. 8.3
You shall be responsible for personnel injury or incidental or indirectly
injury caused by or related to one of the following accidents: 1) A third party
uses the licensed software or changes your data without permission; 2) Expenses
and losses produced by using the licensed software; 3) Your misunderstanding of
the licensed software; 4) Other losses related to licensed software caused by
reasons not attributable to Segment Bilgisayar. 8.4 Any other licensed
software-derived software not developed and released by Segment Bilgisayar or
the development and release are not granted by Segment Bilgisayar is illegal
software. Downloading, installing and using such software may cause
unpredictable risks. Segment Bilgisayar shall be free from legal
responsibilities and disputes generated therein and Segment Bilgisayar shall
have the right to suspend or terminate application license and/or other all
services. 8.5 You have been informed of that the usage of Segment
Bilgisayar and its supplier's smart platform involves in Internet
service, which may be affected by unstable factors in all links. Although Segment
Bilgisayar has taken safeguard measures, the service may be suspended,
terminated, delayed, suffered from application restriction or application
failure due to inherent defects of Internet and e-communication as well as
factors beyond reasonable control of any party to the Agreement (including but
not limited to fire, flood, terrorist attack, pestilence, natural disasters,
riot, terminal virus, hacker attack, network fault and terminal fault). You
hereby agree to bear foregoing risks and agree that Segment Bilgisayar is
free from any responsibility when normal running of services are influenced by
the occurrence of foregoing risks.
IX. Agreement
Termination and Breach of Agreement
9.1 You should
understand that you shall use the licensed software according to authorization
scope, respect intellectual property of software and contents contained in the
software, and perform obligations according to the Agreement when using Segment
Bilgisayar 's services. Segment Bilgisayar will terminate the
application license if you are in material breach of the Agreement.
9.2 Your
application of the software relies on supporting services supplied by Segment
Bilgisayar 's related companies. Breach of terms, agreements, rules,
annunciation and other relevant regulations of Segment Bilgisayar and
its related companies may cause failure in normal usage of licensed software,
in which case, Segment Bilgisayar shall be entitled to terminate
the application license, or take measures to restrain your application license
or other rights and interests controlled by Segment Bilgisayar as
agreed in the Agreement, including suspension or termination of your
application license.
9.3 In case of
your breach of the Agreement or other agreements signed with Segment
Bilgisayar, Segment Bilgisayar and its suppliers shall have the
right to notify the related companies, requiring them to take restrictive
measures to your rights and interests, including requiring related companies to
suspend or terminate supplying part or whole services for you, and legally
announce your breach of agreement on websites run or actually controlled by
them.
9.4 The
licensed software is downloaded from the downloading platform and you shall
abide by stipulations of the download platform, system platform and terminal
manufacture on application ways and restrictions of the licensed software. If
the above mentioned third party confirms that you are in breach of the agreement
and Segment Bilgisayar and its supplier's treatment is required, Segment
Bilgisayar may terminate your application license at the third party's
request.
9.5 When the
application license terminates, you shall stop using the licensed software and
destroy all copies.
9.6 You must
bear all compensation responsibilities if Segment Bilgisayar and
other users suffer from losses caused by your breach of terms in the Agreement.
X. Governing
Laws and Severability
10.1
Effectiveness, explanation, change, execution and dispute settlement of the
Agreement are subject to laws of Please enter appropriate jurisdiction. If no relevant laws and
regulations are available, reference to general international business practices
and (or) industrial practices shall be made.
10.2 Dispute
arising from or in connection with the Agreement may be settled by you and Segment
Bilgisayar through friendly negotiation or submitted to the courtwith competent jurisdiction of Please
enter appropriate jurisdiction where the Agreement is signed for adjudication.
10.3 When any
term of the Agreement is judged to be invalid by such court, it will not
influence the effectiveness of other terms or any part thereof, and you and Segment
Bilgisayar shall perform the valid terms in good faith.