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This Software License Agreement (hereinafter referred to as "this Agreement") is jointly signed by you and Track123 (hereinafter referred to as "Track123"). Before using the "Track123" software and website (hereinafter referred to as the "Licensed Software"), please read this Agreement carefully. Once you download, install, or use the Licensed Software, you agree to be bound by all the terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement, please do not use the Licensed Software and destroy all copies of the Licensed Software.
Track123 reserves the right to modify this Agreement at any time and will notify you in the form of a public announcement on Track123 (www.track123.com) without separately notifying you. The modified Agreement will automatically take effect 5 days after the announcement. After the terms of the Agreement are modified, if you continue to use the Licensed Software, it is deemed that you have read and accepted the modified Agreement.
Definitions
Licensed Software: Refers to the software system developed by Track123, which is provided for you to install on mobile terminals or PC terminals and the www.track123.com website accessed through a browser.
Track123 Services: Refers to all services provided to you by Track123 (including but not limited to application software services). You can use Track123 services on handheld mobile terminals or PC terminals through the Licensed Software.
Scope of Authorization
Track123 grants you a limited, non-exclusive, non-transferable, non-sublicensable license. You may install and use the Licensed Software on multiple terminal devices for non-commercial purposes, but you may not install, use, or run the Licensed Software for commercial purposes, or copy, alter, modify, link, publish, or create any derivative works from the Licensed Software or any data released during the operation of the Licensed Software or data interaction between the terminal and the server during the operation of the Licensed Software, including but not limited to using plugins, external software, or unauthorized third-party tools/services to connect to the Licensed Software and related systems.
The Licensed Software establishes a usage license relationship once you download, install, or access it, and you must comply with the relevant "usage license methods and restrictions agreement" in the terminal operating system. If it is confirmed that you have violated this agreement, Track123 has the right to terminate your usage license.
Track123 licenses rather than sells the Licensed Software to you under this Agreement. You may only use the Licensed Software in accordance with this Agreement. Track123 reserves all rights not expressly granted.
Usage Rules
You may not use the Licensed Software in the following ways:
1. Engage in activities that violate laws, regulations, policies, disrupt public order and good customs, or damage public interests.
2. Rent, lend, copy, modify, link, reprint, compile, publish, establish mirror sites, or develop related derivative products, works, services, plugins, external software, compatibility, or interconnection through unauthorized use of the Licensed Software.
3. Log in to or use the Licensed Software through third-party compatible software systems not developed, authorized, or recognized by Track123, or use unauthorized plugins and external software with the Licensed Software.
4. Delete copyright information and content on the Licensed Software and other copies, or modify, delete, or bypass any technical measures set by Track123 to protect intellectual property rights.
5. Rent, lend, or sublicense the Licensed Software to third parties without written consent from Track123, or use multiple versions of the Licensed Software simultaneously after obtaining a licensed version, or transfer the license separately.
6. Copy, decompile, modify the Licensed Software or any part thereof, or create derivative works from it.
7. Engage in activities that harm information network security, including using the Licensed Software to damage or disrupt its operation, overload it, interfere with third-party use, unauthorized access to other computer systems, deleting, modifying, adding stored information, spreading malicious programs or viruses, and other activities that disrupt normal network information services.
8. Use the Licensed Software to publish, transmit, spread, or store content that infringes on the legal rights of others, including intellectual property and trade secrets, or engage in fraudulent, account theft, fund theft, or other illegal criminal activities.
9. Modify or forge instructions, data, or data packets during the operation of the Licensed Software, add, delete, or change functions or operation effects of the Licensed Software, or distribute or operate software with these purposes through the information network.
10. Use the Licensed Software in any other illegal way, for any illegal purpose, or in any manner inconsistent with this Agreement.
You understand and agree that:
1.Track123 has the right to unilaterally determine whether you are suspected of violating the above usage rules and, based on the results, suspend or terminate your usage license or take other measures without your consent or prior notice.
2.Track123 has the right to delete any information you publish using the Licensed Software that is suspected of being illegal or infringing on the legal rights of others, or violating this Agreement, without notifying you unless you provide prior evidence proving its legality.
3.You must independently bear all legal responsibilities for any damage caused to any third party due to your suspected violation of the above usage rules and ensure that Track123 is free from any loss or additional expenses. If Track123 compensates any third party for the losses first, Track123 has the right to recover all losses from you.
4.If you violate relevant laws or the provisions of this Agreement and cause any loss to Track123, or face any third-party claims or administrative penalties, you shall compensate Track123 for the losses and expenses incurred, including reasonable attorney fees and investigation and evidence collection fees.
5.You agree that any violation of the restrictions in this Agreement will cause irreparable and non-monetary damage to Track123. In addition to the compensation and other remedies Track123 may seek, you agree that Track123 may seek injunctive relief to prevent actual, threatened, or ongoing violations of this Agreement.
Termination and Liability for Breach
If you violate any terms of this Agreement, Track123 has the right to unilaterally terminate this Agreement without further notice. Upon termination of this Agreement, you must cease any use of the Licensed Software and destroy all copies of the Licensed Software. If you violate any terms of this Agreement and cause losses to Track123 or other users, you must bear full compensation responsibility.
Legal Binding
The validity, interpretation, change, enforcement, and dispute resolution of this Agreement are governed by the laws of the People's Republic of China. In the absence of relevant laws, local or international related laws should be referred to. Any dispute arising from this Agreement should be resolved through friendly negotiation between you and Track123. If the negotiation fails to reach a final solution, the dispute should be submitted to the competent court where Track123 is located for adjudication. If any clause of this Agreement is determined to be invalid by a competent court, it does not affect the validity of other clauses or any part thereof, and you and Track123 should still perform.
Others
Track123 has the right to transfer the rights and obligations under this Agreement to a third party without your consent. This Agreement constitutes the entire agreement between both parties regarding the licensed use of the Licensed Software and replaces all previous related agreements. This Agreement is drafted in English, and in the event of a conflict between the translated version and the English version, the English version shall prevail.