To use ABB Smart Community Software (hereinafter referred to as "the Software") and corre-sponding services, you should read and abide by the License and Service Agreement for ABB Smart Community Software (hereinafter referred to as "the Agreement"). Please read carefully and fully understand the terms and conditions hereof. You may choose not to use the Software and corresponding services. However, if you use the Software, obtain an account of the Soft-ware, or log into the Software, you shall be deemed to have read and agreed to all contents hereof. If you are a minor under the age of 18, you should also obtain prior consent from your parent or legal guardian before using the Software.
The relevant information (including but not limited to pictures, text, and videos) published by the users on the Software platform (including but not limited to the platform, platform deal-ers, platform members and platform tourists) are provided by the users themselves, and the users shall assume full responsibility for any information provided by them according to law.
Any organization or individual that believes that the content of the Software (including but not limited to the information published by the users of the Software) may be suspected of in-fringing its legitimate rights and interests shall promptly submit a written notice to the Soft-ware or the operator of the Software, and provide identity proof, ownership certificate, spe-cific link (URL) and detailed infringement evidence. Upon receipt of the above legal docu-ments, the alleged infringing content will be removed as soon as possible in accordance with the law.
The reproduction of works (including forum content) on this Software platform for the pur-pose of transmitting more information does not mean that the Software (including its affiliat-ed enterprises) agrees with its views or confirms the authenticity of its contents. The Software has respected legal copyright and opposed any infringement or piracy. If some of the text, pictures and other works on this website have infringed your rights and interests, we sincerely apologize. Please contact us immediately through support.cndex@cn.abb.com to solve it with you as soon as possible.
To use ABB Smart Community Software (hereinafter referred to as "the Software") and corre-sponding services, you should read and abide by the License and Service Agreement for ABB Smart Community Software (hereinafter referred to as "the Agreement"). Please read carefully and fully understand the terms and conditions hereof. You may choose not to use the Software and corresponding services. However, if you use the Software, obtain an account of the Soft-ware, or log into the Software, you shall be deemed to have read and agreed to all contents hereof. If you are a minor under the age of 18, you should also obtain prior consent from your parent or legal guardian before using the Software.
2.1 All intellectual property rights of the Software, such as copyright, trademark right, patent right and trade secret, and all information content related to the Software (including but not limited to words, pictures, audio, video, charts, interface design, layout framework, relevant data or electronic documents, etc.) are corresponding international treaties, and are exclusive-ly owned or held by our company and relevant obligees, and you should respect them.
2.2 Without the written consent of our company or the relevant obliges, you shall not use or license any third party to implement, exploit or transfer the above intellectual property rights for any commercial or non-commercial purpose.
3.1 You can obtain the Software directly from our website or from a third party authorized by our company.
3.2 Our company may have developed specific Software versions for different terminal devic-es. You should choose the appropriate version to install according to the actual situation, and follow the steps in the program to install correctly.
3.3 In order to maintain the security and functional consistency of the Software and corre-sponding services, our company shall reserve the right to update the Software without special notice to you, or to change or limit the effect of certain functions of the Software.
3.4 The old version of the Software may not be available after releasing the new version. Due to no guarantee on the continued availability of the old version and the corresponding customer service, please check and download the latest version at any time.
3.5 You may uninstall the Software by yourself for no future use or the need to install a new ver-sion.
4.1.1 For using ABB Smart Community projects or management services, please contact the user at the upper level to register an account for you. You should provide personal information as required. You are obliged to ensure that all registration information you submit is valid and accurate.
4.1.2 The user can obtain the right to use the account after completing the procedure of ac-count application and registration. When logging into your account for the first time, you must change your password to ensure the security of your account.
4.1.3 For your personal need to use ABB Smart Community services, you can download the ap-plication Software of ABB Smart Community and directly register as a user of ABB Smart Community. You are obliged to ensure that all registration information you submit is valid and accurate.
4.2 The initial applicant for registration shall not donate, borrow, rent, transfer or sell the ac-count or otherwise license the non-initial applicant to use the account.
4.3 The user shall be responsible for keeping the registered account information and account password secure and take legal responsibility for all actions under the registered account and its password. The user shall make sure not to disclose the account and its password infor-mation to others under any circumstances. In case of suspecting that someone else is using your account, immediately notify our company by visiting support.cndex@cn.abb.com.
5.1 The user shall declare and guarantee that the use of user data or other data provided by the user or any license or right granted by the user hereunder will not infringe anyone's intellectual property rights or other rights.
5.2 The user shall compensate our company and protect it from all expenses, claims, demands, responsibilities, costs, damages, or losses arising from or related to any accusation or so-called actual infringement concerning the intellectual property rights of third parties or the other rights resulted from the user data or the use by our company according to the Agree-ment under any law.
6.1 Our company provides the services and Software to the user as they are, without guaran-tee, maintenance, or support, and only for the purposes specified herein. Except as expressly stipulated herein, our company has no statement or guarantee on the services and Software, and explicitly denies all express, default, statutory or other guarantees and statements, includ-ing but not limited to the following guarantees: the security of the services or Software, the uninterrupted supply of components free from errors or hazards and accurate reports, or the default guarantee of merchantability, suitability for a specific purpose, satisfactory quality, non-infringement and enjoyment rights, as well as the guarantee derived from the trading process or trade practices.
7.1 Our company shall not be liable in the contract, tort (including negligence), breach of statu-tory duty or otherwise for any of the following arising out of or in connection with the Agree-ment: (i) profits, sales or business, agreement or contract, expected savings, loss of income, or damage to goodwill; (ii) business interruption or data loss or damage; (iii) the cost of sub-stituting goods or services; or (iv) indirect, secondary, incidental, special and punitive damag-es or punitive losses.
7.2 Subject to Article 7.1 and 7.3, the total liability of our company arising out of or in connec-tion with the contract, whether based on the contract, tort (including negligence), breach of statutory duty or otherwise, shall be limited to the fees (if any) paid hereunder within the 12 (twelve) months prior to the first cause of action.
7.3 The limitation of the liability under Articles 7.1 and 7.2 shall not apply to: (i) death or person-al injury resulting from its negligence or the negligence of its employees, agents or subcon-tractors; (ii) willful misconduct, fraud or fraudulent misrepresentation; or (iii) other liabilities not limited or excluded by applicable law.
8.1 In the event that the user adopts the services and/or Software under any of the following circumstances as determined, our company may suspend the services and/or Software in whole or in part: (i) posing risks to the services, Software or third parties; (ii) adversely affect-ing the performance of the services or Software; (iii) violating the law, or posing a risk of viola-tion of the law by the our company; or (iv) making our company or a third party liable.
8.2 Our company shall suspend the services and/or Software only to the extent reasonably necessary. Unless our company deems it necessary to suspend immediately, our company shall make commercially reasonable efforts to provide a reasonable notice prior to the suspension of the services and/or Software.
9.1 In the event that either party substantially breaches the contract and fails to remedy the breach within 30 (thirty) days after the non-breaching party gives a notice of breach, the other party may terminate the Agreement with immediate effect upon written notice to the breach-ing party, and other rights or remedies shall not be restricted.
9.2 Our company may terminate the Agreement (in whole or in part) with immediate effect by giving a written notice to the user under any of the following circumstances, and its other rights or remedies shall not restricted: (i) one or more national laws applicable to the services have changed, which leads to the illegal and unrealistic performance of the services or other substantial impact on the provision of the services (including cost impact), or (ii) the user vio-lates the terms of this Agreement.
9.3 Our company may terminate the Agreement (in whole or in part) at its own discretion and notify the user in writing one month in advance, without assuming any responsibility to the user.
9.4 In case of terminating the Agreement for any reason: (i) the user shall uninstall all Software from his computer system, stop using the Software, and provide the evidence that he has done so as required by our company; (ii) on or after the effective date of termination, our company may disconnect the user from the services and/or Software; and (iii) the rights, rem-edies, obligations and responsibilities of both parties arising at the time of termination shall not be affected, including the right to claim damages for breach of the Agreement that exists on or before the termination date.
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