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. IF THESE TERMS ARE CONSIDERED AN OFFER BY SHALLTRY, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. SHALLTRY 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.
Such Terms of Use (hereinafter referred to as the “Agreement”) is the code of relevant rights and obligations entered into by the User (you) and SHALLTRY with respect to the services, such Agreement are binding upon you and SHALLTRY:
For purposes of this Agreement, the following terms will have the following meanings:
1.1 "User" means the legal entity or person who orders or downloads the Software and/or activates the Services.
1.2 "Documentation" means the standard user technical documentation, specifications, materials and other information SHALLTRY supplies with the Software and/or Services.
1.3 "Software" means the proprietary SHALLTRY software products (in object code format only) delivered to User hereunder (including but not limited to the Browser), together with any update or upgrade thereto, when and if made available to you by SHALLTRY. Software does not include Third-Party Software.
1.4 "Third-Party Software" means the software of certain third parties that SHALLTRY may deliver with the Software, including but not limited to widgets of certain third parties and independent developers.
Subject to this Agreement, SHALLTRY hereby grants User a limited, non-exclusive, non-transferable, non-sublicensable license to use the Services and to install and Use the Software supplied to User hereunder, as installed on User’s personal mobile device.
3.1 User shall not and shall not allow any third party to:
(1) Use the Software or Services except as expressly permitted under Section 2;
(2) Separate the component programs of the Software for use on different mobile devices;
(3) Adapt, alter, publicly display, publicly perform, translate, embed into any other product, or otherwise create derivative works of, or otherwise modify the Software or Services;
(4) Sublicense, lease, rent, loan, or distribute the Software or Services to any third party;
(5) Transfer the Software or Services to any third party;
(6) Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Software, except as permitted by applicable law;
(7) Remove, alter or obscure any proprietary notices on the Software or Services, or the applicable Documentation therefore;
(8) Allow third parties to access or use the Software or Services, including without limitation any use in any application service provider environment, service bureau, or time-sharing arrangements.
3.2 Third-Party Software is subject to separate terms and conditions included with, or contained in the setup installation segments of such Third-Party Software. The license restrictions contained in this Agreement do not apply to Third-Party Software to the extent they are inconsistent with such Third-Party Software terms. SHALLTRY shall not be responsible for any Third Party Software.
4.1 SHALLTRY provides users with access to a rich collection of resources and Services, including without limitation various communications tools, and personalized content through its network of services, which may be accessed through any various medium or device now known or hereafter, developed.
4.2 SHALLTRY reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Software or Services (or any part thereof) with or without notice. User agrees that SHALLTRY shall not be liable to User or to any third-party for any modification, suspension or discontinuance of the Software or Services.
5.1 User acknowledges and agrees that the Software or Services, including without limitation the Software’s sequence, structure, organization, source code and applicable Documentation contains valuable trade secrets and other intellectual property of SHALLTRY and its suppliers and is considered SHALLTRY’s confidential information. The Software or Services are licensed and not sold to User, and no title or ownership to such Software or Services or the intellectual property rights embodied therein passes as a result of this Agreement or any act pursuant to this Agreement. The Software or Services and all intellectual property rights therein are the exclusive property of SHALLTRY and its suppliers, and all rights in and to the Software or Services not expressly granted to User in this Agreement are reserved.
5.2 SHALLTRY owns all copies of the Software, however made. Nothing in this Agreement will be deemed to grant, by implication, estoppel or otherwise, a license under any existing or future patents of SHALLTRY, except to the extent necessary for User to use the Software or Services as expressly permitted under this Agreement.
6.1 In order to improve user experience and provide better service to our users, we will gather some information about the device you are using under the premise of appropriate protection of your privacy. This statement explains how this information will be collected and what do we use it for.
6.1.1 Processing
1) Information we collect We collect this information to help us provide better service to our users, it may include some basic information (such as machine id, user-submitted information, IP addresses) and some complex information (such as usage patterns). No personally identifiable information is collected.
2) Methods of collection Information you provide to us. You are required to register a SHALLTRY account to access many services we provide. When you sign up for a SHALLTRY account, information such as your email address is needed. Information we acquire when you use our services. We will gather some information of the services you use and the way you use them.
6.1.2 Purposes
1) Personal data is collected, stored, used, and transferred only for the specific purposes mentioned in the SHALLTRY Privacy Policy. Processing of personal data shall be done for purposes of running, debugging, maintenance, and/or optimization of the service and/or to maintain customer relationships.
2) When you contact with SHALLTRY, communication between us will be recorded to help you solve any problems you may have. We may send you some emails about our services. For example, informing you a new update is available.
3) Use of relevant information will be in strict compliance with this privacy policy.
6.1.3 Transfer
We may share some information under some circumstances. SHALLTRY will never disclose, share, or distribute any personal data to any third party except where required by law or regulation. If SHALLTRY is involved in any merger, acquisition or asset sales, we will keep your information confidential and inform affected users before we transfer any personal information.
6.1.4 Exemption Clauses
1) The above personal information shall not be publicized, edited or disclosed without lawful authorization by the user unless the publication, the editing or the disclosure is done :
i) In accordance with national laws, regulations or rules; or
ii) For enforcement of applicable terms of use (including the investigation of possible breaches of terms); or
iii) For detection, prevention or processing fraudulence, safety or technical problems.
2) The protection of your rights shall be extended to the extent failure to protect is the result of any following Force Majeure events, and you will be timely informed of –
i) Hacking attacks;
ii) Significant impacts caused by telecom operators;
iii) Network or website closure caused by governmental regulations;
v) Virus attacks;
vi) Events (for example, natural disasters, acts of war or terrorism) that are unforeseen or irresistible beyond reasonable control.
6.2 SHALLTRY takes the matters of protection and security of its Users’ information very seriously and will treat any and all such information in accordance with the SHALLTRY Privacy Policy and incorporated into this Agreement by this reference.
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 7, 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 SHALLTRY provides notice of breach to User. Upon the termination of this Agreement, User will discontinue all use of the Software or Services, promptly destroy or have destroyed the Documentation upon request by SHALLTRY, and certify in writing to SHALLTRY that such destruction has taken place. These remedies are cumulative and in addition to any other remedies available to SHALLTRY. Sections 1, 3, 5, 6, 7,8, 9, 10, 11, and 12, shall survive such termination.
THE SOFTWARE OR SERVICES ARE PROVIDED “AS IS,”AND ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, 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. SHALLTRY 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 SHALLTRY. SHALLTRY WOULD NOT PROVIDE THE SOFTWARE OR SERVICES ABSENT SUCH DISCLAIMER. NO REPRESENTATIONS OR WARRANTIES ARE MADE BY ANY SUPPLIERS TO SHALLTRY UNDER OR BY VIRTUE OF THIS AGREEMENT.
IN NO EVENT SHALL SHALLTRY 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 SHALLTRY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNT PAID TO SHALLTRY IN RESPECT OF THE SOFTWARE GIVING RISE TO THE CLAIM OR IF NO FEES WERE PAID THEN FIVE HUNDRED EUROS. 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 SHALLTRY 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 SHALLTRY. SHALLTRY WOULD NOT PROVIDE THE SOFTWARE TO USER ABSENT SUCH LIMITATION.
All notices required under this Agreement will be given as follows: (a) in the case of notices to SHALLTRY, such notice to be deemed effective upon receipt by SHALLTRY; and (b) in the case of notices to User, by email to the email address that User provided to SHALLTRY prior to initiating the download of the Software or start of the Services, such notice to be deemed effective upon the earlier of (i) twenty-four (24) hours after sending, or (ii) User’s actual receipt of any such e-mail.
11.1 Any dispute arising out of the execution, performance, rescission, termination or revocation, etc. of this Agreement shall first be settled by both Parties through amicable consultations, failing which within a period of time sixty (60) days from the date of arising of this conflict, either party is entitled to file an application with the Hong Kong International Arbitration Center(HKIAC) for arbitration by a sole arbitrator in accordance with the arbitration rules then in force. The language of the arbitral proceedings shall be English. The arbitral award shall be final, binding on the parties and non-appealable to such extent permissible by law.
11.2 The execution, validity, interpretation, performance and dispute settlement of this Agreement shall be governed by the laws of Hong Kong, and be construed in accordance with such laws, without regard to conflict of laws principles.
12.1 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.
12.2 User may not assign or transfer this Agreement without obtaining SHALLTRY’s prior written consent, and any purported assignment or transfer in violation of this Section 12 will be null and void. SHALLTRY may update the terms of this Agreement if and when User install and update or upgrade to the Software or Services. User will be responsible for all of User’s access and data charges from User’s Internet service provider or mobile operator.
12.3 How to contact SHALLTRY:
For any questions in relation to the Software or Services, please contact to our email at the following information:
E-mail: liuyulei12@gmail.com