Agreement on Software License and Service of Tencent iOA
Preface and Introduction
Thank you for choosing the Tencent iOA and services!
In order to use the Tencent iOA software (hereinafter referred to as the “Software” or “Tencent iOA”) and the services, you shall read and comply with the Agreement on Software License and Service of Tencent iOA (hereinafter referred to as the “Agreement”), the Tencent Service Agreement and the Tencent iOA Privacy Protection Guidelines. Please carefully read and fully understand the terms of this Agreement, especially those releasing or limiting liabilities, as well as any separate agreement for activation or use of certain services, and choose to accept the terms or not. Provisions restricting or releasing certain liabilities may be in bold font for your attention. Unless you have read and accepted all terms specified in this Agreement, you may not download, install or use the software and related services. Any behavior including downloading, installing, using, and logging in shall be deemed that you have read and agreed to be bound by the Agreement.
I. Scope of this Agreement
1.1 This Agreement is concluded by and between you and Tencent regarding your downloading, installation, use and login of this Software and use of this service.
1.2 The following agreements, rules and guidelines as well as other relevant agreements, rules and instructions related to this Software and/or this service that may be published by Tencent from time to time shall, upon their formal publication, constitute an integral part of this Agreement and should be complied by you equally (In the event of any conflict between the Agreement and the aforementioned documents, this Agreement shall prevail):
(1) Tencent Service Agreement. (Link address: https://www.qq.com/contract.shtml)
II. Services
2.1 Definitions
iOA refers to Tencent iOA , a security management system based on the new-generation network architecture, which provides Enterprise Users with unified authorization management and control functions for accessing intranet applications through trusted identities, terminals, applications, and links, as well as unified terminal control and security protection, providing Enterprise Users with terminal security solutions such as virus scanning, loopholes patching, and unified control, and terminal centralized control functions.
iOA Operating Entity refers to the legal entity providing Tencent iOA products and related services, namely Tencent Cloud Computing (Beijing) Co., Ltd., hereinafter referred to as “Tencent” or “we”.
Enterprise User refers to any individual or organization that registers, logs in to, and uses Tencent iOA products and services and has acquired administration authority, including but not limited to a legal person, government agency, other organization, partnership, or individual business (hereinafter referred to as the “Enterprise User”).
Enterprise User Administrator refers to an individual who is designated by an Enterprise User and has the authority to operate the management system of the Enterprise User. There may be one or multiple Enterprise User Administrators.
Individual User/End User refers to a personal account created by the Enterprise User on the administration platform, which can directly log in and use the Tencent iOA Client, hereinafter referred to as “you” or the “End User”.
2.2 Content of the Service
The service refers to the new-generation secure access cloud service provided by Tencent to Enterprise Users, which includes functions such as fast office, mobile security examination, access control, multi-factor authentication, and data visualization (hereinafter referred to as the “Service”).
2.3 Form of the Service
To use the Service, you need to download the Tencent iOA software, which consists of a Control center and a client-side (or “client”), both of which are be deployed within the same interconnected network. You may use this Service from client-side through diverse terminals, including without limitation to computers and mobile phones, or through other product terminals that integrate this Service, as may be provided by Tencent. You should choose the version of this Software that matches with your terminal, system, etc. in order to properly use this Service. Otherwise, you may not be able to use this Service normally. Any issues or damages resulting from Software incompatibility with your device model shall be borne by the user.
2.4 Scope of the Service License
2.4.1 The Service is only allowed to be installed or used by authorized Enterprise Users. Each (set of) Software license granted is restricted to the scope specified in this Agreement.
2.4.2 Users who acquire the Software through unauthorized channels are not entitled to any authorization or service and shall immediately cease using and destroy the Software.
2.4.3 You may only use the Software and the Service to access or use the Service. At no time and under no circumstances shall you have the right to transfer the Service or any part thereof or to sublicense any part of the Service.
2.4.4 All other rights not expressly authorized by this clause and other terms of this Agreement are still reserved by Tencent. You shall obtain Tencent’s written consent to exercise these rights. Tencent’s failure to exercise any of the foregoing rights shall not constitute a waiver of such rights.
2.5 Form of Acceptance of the Service
2.5.1 The Service is a paid service. Enterprise Users may acquire the rights to use the Service and corresponding accounts by purchasing them through channels designated by Tencent. Enterprise Users may use the Service and related accounts within the specified term. Individual users shall use the Service within the scope authorized by the Enterprise User.
2.5.2 Before the Service term expires, you shall contact Tencent’s designated distributor or other Tencent-approved provider to renew the Service, otherwise, Tencent is entitled to, without notice, revoke or terminate your access to the Service and corresponding accounts upon the expiry of the term. Once revoked, you may no longer use the Service, and Tencent reserves the right to delete all data and information generated during your use of the Service. Any resulting losses shall be borne by you and you shall not be entitled to make any claim against Tencent.
III. Access to this Software
3.1 You may access this Software from Tencent’s official channels and third-party channels authorized by Tencent.
3.2 If you access this Software through a third party without authorization by Tencent or use a different installation program which bears the same name as this Software, Tencent cannot guarantee that such software will function normally and shall not be liable for any loss you incur in connection therewith.
IV. Installation and Uninstallation of this Software
4.1 Tencent may develop different versions of this Software compatible with different terminals, systems, etc. You shall choose the appropriate version to download and install according to the actual situation, and you shall not install the Software on terminals not explicitly authorized by Tencent. Tencent shall not be liable for any risks or losses resulting from your failure to properly install the appropriate version.
4.2 You should download the installer and then install this Software by following the instructions in the installer.
4.3 You may uninstall this Software if you no longer need this Software or you need to install a new version of this Software. We recommend you to inform us of your reasons for uninstallation if you are willing to help us improve our product and services.
V. Software Updates
5.1 In order to improve the user experience and service content, Tencent will constantly strive to develop new services and provide you with Software updates from time to time (these updates may take the form of Software replacement, modification, function enhancement, version upgrade, etc.).
5.2 In order to ensure the security and consistency of functionality of the Software and Service, Tencent is entitled to update the Software without notice. Please pay attention to and update the Software to have better access to this Service.
5.3 The old version of this Software may become unavailable after a new version is released. Tencent does not guarantee that the old version of this Software will continue to function, nor that you can obtain appropriate customer service with respect to old versions of this Software. Please check and download the most updated version of this Software in time.
VI. Protection of Users’ Personal Information
6.1 Protecting users’ personal information is a basic principle adhered by Tencent. Tencent will take reasonable measures to protect users’ personal information. Tencent adopts professionally encrypted storage and transmission methods for relevant information, to ensure the security of users’ personal information.
6.2 As the Tencent iOA product is a software system provided for Enterprise Users, once an enterprise purchases the product, it needs to install it on a designated server and manage its operation independently. After the enterprise enables individual accounts for individual users (i.e., employees) on the administration platform, each individual user will need to input the designated server address and complete the login process to use the product. Therefore, throughout the use of Tencent iOA, the process such as collection, transmission, usage, and storage of all information are administrated by the Enterprise User, with all data stored on the Enterprise User’s designated server. For more details on how your personal information is collected, used, stored, and protected by Enterprise Users, as well as your rights, please refer to the Tencent iOA Privacy Protection Guidelines (link address: https://privacy.qq.com/document/preview/ed07ccfa443649f1a0482de5916bdd36 ).
VII. Main Rights and Obligations
7.1 Software Functions
The Software is an enterprise security connection software, consisting of a control center and a Terminal. The control center is installed on the server, while the Terminal is deployed on computers that need to be managed. Through the control center, the Software enables the implementation of unified security policies within the enterprise network, such as virus scan and loopholes patching. The control center issues instructions to provide various security connection strategies to the Terminals. The Software is available in several versions and functions, each of which may be priced differently. The specific functions available to you depend on the purchase made by the Enterprise User and the functions provided by Tencent in the actual product.
7.2 Account Usage Specifications
7.2.1 Before your use of this Service, our product delivery team will provide you with a control center account. You can use this control center to create individual accounts for other users within your organization. Meanwhile, you shall not donate, borrow, rent, transfer or sell the account, or otherwise permit the non-initial user to use the account.
7.2.2 The user is responsible for safekeeping the registration account information and password. The user shall assume legal responsibility for actions under the registered account and password. The user agrees not to disclose the account and password information to others under any circumstance. When you suspect that someone else is using your account, you shall immediately notify Tencent.
7.3 Matters Requiring Users’ Attention
7.3.1 You understand and agree that the Software will use the processor, bandwidth and other resources of your device in order to provide you with effective services. The costs of data traffic may incur during use of the Software, and the user shall acquire relevant fee information from the service provider and bear relevant costs.
7.3.2 You understand and agree that:
(1) all legitimate rights to third-party software included, recommended and made available for download or upgrade by this Software are owned by the third party. Any disputes arising from the third party's software shall be settled by the third party, and Tencent shall not assume any responsibility. Tencent does not provide customer service support for third-party software or technology, if you need support, please contact the third party;
(2) the Software does not guarantee or warrant the security, legality, compatibility, harmlessness, etc. of any information such as installation information and upgrade information of the third-party software involved. Any dispute caused therefrom shall be settled by the third party, and Tencent shall not assume any responsibility.
(3) all rights to any third-party software included in this Software are owned by the respective third-party rights holders. Users who download, install or use the third-party software shall be subject to the license agreement of the software. Any dispute arising from the use of the third-party software shall be settled by the third party, and Tencent shall not assume any responsibility.
(4) this Software is provided for users to download and install Tencent and/or third-party software, while it cannot verify whether the third-party software downloaded and installed through this Software is from a legitimate source. If you are the rights holder of any relevant software and wish to prohibit the Software’s facilitation of users’ downloads, installations, or usage of your software, please contact us through the methods specified in this Agreement, and we will actively cooperate to address the matter.
7.3.3 When you use a particular service of this Software, the service may be governed by separate agreements and relative business rules etc. (hereinafter collectively referred to as the “Separate Agreements”). Please read and agree to relevant Separate Agreements before using certain service.
7.3.4 You understand and agree that Tencent will use its commercially reasonable efforts to ensure the security of your data stored in this Software and Service. However, Tencent cannot ensure that your data is absolutely safe, including but not limited to the following circumstances:
(1) Tencent shall not be liable for deletion or failure of your storage of relevant data in the Software and Service;
(2) Tencent is entitled to decide at its discretion the longest retention period of data in the Software and Service for each user according to the actual situation, and allocate the maximum space in the server for data storage of the user. You may back up relevant data in the Software and Service on your own according to your own needs;
(3) If you stop using the Software and Service or the Service is terminated or canceled, Tencent can permanently delete your data from the server. When the Service is stopped, terminated or canceled, Tencent is not obligated to return any data to you.
7.4 Meeting Requirements of Devices
To use this Software, your device shall meet the software’s operating requirements. Any consequences resulting from a device that does not meet these requirements are irrelevant with Tencent. Meanwhile, Tencent assumes no responsibility if the Software is inoperable due to device functionality issues.
7.5 Paid Services
7.5.1 Tencent may, according to operational needs, provide users with free or paid services related to this Software. Tencent is entitled to change any or all of the Service to paid services and to establish the charging standards and methods and other relevant details. You may choose to accept or decline the paid services. If you choose to use the paid services, you shall pay the required fees; if you refuse to pay, Tencent is entitled to discontinue providing the Service to you.
7.5.2 The specific content of the Service you enjoy may vary depending on the category of Service you choose. The actual content of the Service will be as published on the relevant Service page and as actually provided.
7.5.3 You understand and agree that Tencent is entitled to modify the Service, which may affect the benefits you currently or previously enjoyed. You agree to use the modified Service without assigning any liability to Tencent.
VIII. User's Codes of Conduct
8.1 Information Content Specification
8.1.1 Information content contained in this clause refers to any content created, produced, copied, published or transmitted by the user during the use of the Software and Service.
8.1.2 You understand and agree that Tencent is committed to providing users with a civilized, healthy, standardized and orderly network environment. You shall not use the Software and Service to produce, copy, publish, or disseminate content interfering with normal operation of the Service or infringing lawful rights and interests of other users or third parties, including but not limited to the following:
(1) you shall not publish, transmit, disseminate or store content that violates the laws and regulations of the People's Republic of China, endangers national security or unity, social stability, public order, social ethics, or contains any insulting, defamatory, obscene, sexual, sexual connotation or violence;
(2) you shall not publish, transmit, disseminate or store content that infringes upon other’s reputation rights, portrait rights, intellectual property rights, trade secrets and other legitimate rights;
(3) you shall not publish, transmit, disseminate or store content relating to others' privacy, personal information or materials;
(4) you shall not publish, transmit or disseminate harassment and advertising information, or spam.
(5) other information that violates laws, regulations, policies, public order, and social morality, or interferes with the normal operation of the Software or infringes the legitimate rights and interests of other users or third parties.
8.2 Software Usage Specifications
Unless otherwise permitted by laws and regulations or by Tencent in writing, you are prohibited from taking any of the following acts:
(1) deleting all copyright-related information from this Software and any copies thereof;
(2) reverse engineering, reverse assembling or reverse compiling this Software or otherwise attempting to trace the source code of this Software;
(3) using, leasing, lending, reproducing, modifying, linking, reprinting, compiling, releasing, publishing or establishing a mirror image website for content which Tencent owns intellectual property rights;
(4) copying, modifying, adding, deleting, hooking up or creating any derivative works with respect to this Software or data released into any terminal memory during the operation of this Software, interaction data between the client-side and the server end during the operation of this Software, and system data necessary for the operation of this Software, in the forms including without limitation accessing this Software and relevant systems by using plug-ins, cheating programs or third party tools/services not authorized by Tencent;
(5) adding, deleting or altering the functions or operating effect of this Software by modifying or counterfeiting instructions and data involved in the operation of this Software, or operating or distributing to the public any software or method intended for the foregoing purposes, regardless of whether those activities are conducted for commercial purposes;
(6) logging in or using this Software and/or this Service by using third party software, plug-ins, cheating programs and systems other than those developed or licensed by Tencent, or producing, distributing or disseminating such third-party software, plug-ins, cheating programs and systems;
(7) interfering with this Software or its components, modules, data, etc., either by yourself or by authorizing others to do so or by using third-party software;
(8) Other acts not expressly authorized by Tencent.
8.3 Service Operation Requirements
Unless otherwise permitted by laws and regulations or by Tencent in writing, you are prohibited from taking any of the following acts:
(1) submitting and publishing false information, or impersonating others or using the name of others;
(2) inducing other users to click on the link pages or share information;
(3) fabricating facts or concealing the truth to mislead or deceive others;
(4) infringing legitimate rights of others such as reputation rights, portrait rights, intellectual property rights and trade secrets;
(5) reproducing or publishing the methods or tools related to the above-mentioned acts, or operating or disseminating such methods or tools, whether or not for commercial purposes;
(6) other acts violating laws and regulations, infringing the legitimate rights and interests of other users, interfering with normal operation of products or not expressly authorized by Tencent.
8.4 Responsible for Your Own Acts
You fully understand and agree that you are fully responsible for all acts under your account, including any content you post, as well as any consequences arising therefrom. You shall make your own judgment on the content of the Service and bear all risks arising from the use of the content, including the risks arising from your reliance on the correctness, integrity or practicability of the content. Tencent cannot and will not be liable for any loss or damage caused by the above risks.
8.5 Treatment for Breach of Contract
8.5.1 If Tencent finds or receives a report or complaint from others against the user on violation to this Agreement, Tencent is entitled to remove relevant content at any time without notice, impose penalties on the violating account including but not limited to warning, restriction or prohibition of the use of some or all of the functions, account banning or cancellation, and announce the results of treatment.
8.5.2 You understand and agree that Tencent is entitled to, based on reasonable judgement, penalize any act violating relevant laws and regulations or provisions of this Agreement, take appropriate legal action against any user in violation of laws and regulations, and preserve relevant information in accordance with related laws and regulations to report to relevant departments etc. The user shall bear all the resulting legal responsibilities.
8.5.3 You understand and agree that you shall be solely liable for any claims, requests or losses arising out of or in connection with your breach of the provisions of this Agreement or relevant terms of the Service. You shall also be liable for the compensation of any losses caused to Tencent.
IX. Statement on Intellectual Property Rights
9.1 Tencent is the holder of the intellectual property rights of this Software. All copyrights, trademarks, patents, trade secrets and other intellectual property rights relating to this Software and all informational content relating to this Software (including without limitation words, pictures, audios, videos, graphs, interface designs, layout frames, relevant data or electronic files) are protected by laws and regulations and relevant international treaties. Tencent retains all aforementioned intellectual property rights.
9.2 Without the written consent of Tencent, you shall not by yourself implement, exploit or transfer, or license any third party to implement, exploit or transfer the above intellectual property rights, either for commercial or non-commercial purposes. Tencent reserves the right to pursue legal responsibility for the above-mentioned actions.
X. Terminal Safety Responsibilities
10.1 You understand and agree that, similar to most online software and services, use of this Software may be affected by a variety of factors, including without limitation, factors attributable to users, network service quality, social environment, or be disrupted by a variety of security issues, including without limitation, illegal use of users’ information to harass them offline, or viruses, Trojan or other malicious programs contained in the software downloaded or installed by users or in the websites visited by users, which threatens the security of your information and data, thus affecting the normal function of this Software. Therefore, you shall strengthen your awareness to protect information security and your personal information, and carefully secure your password, so as to avoid losses.
10.2 You shall not create, distribute, use or disseminate malicious programs which are intended to steal accounts, personal information or property of others.
10.3 Each of Tencent and you are responsible for maintaining the security and normal function of this Software. Tencent will take reasonable and prudent technical measures that are necessary to protect the security of your information and data in accordance with industry standards.
10.4 You understand and agree that this Service may be affected by force majeure and other risk factors. “Force Majeure” shall mean any objective event which is unforeseeable, insurmountable and unavoidable and has significant impact on either or both parties, including without limitation, natural disasters such as flood, earthquake, epidemic and storm, as well as social events such as wars, riots and government action. Upon occurrence of any force majeure, Tencent will endeavor to cooperate with relevant parties promptly to deal with the situation; provided, however, that Tencent shall be exempted from any liability for losses incurred by you in connection therewith to the extent permitted by law. Tencent shall not be liable for service interruption or disruption due to the following circumstances:
(1) any attack by computer virus, Trojan or other malicious programs or hackers.
(2) failure in computer software, system, hardware and telecommunication lines of the user or Tencent.
(3) improper operation by the user or use of this Service in a manner not authorized by Tencent.
(4) use of outdated version, obsolete devices and/or incompatible devices.
(5) other circumstances that cannot be controlled or reasonably foreseen by Tencent.
XI. Third Parties
11.1 Third Parties’ Products or Services
11.1.1 All rights to any third-party software included in this Software are owned by the respective third-party rights holders. Users who download, install or use third-party software shall be subject to the license agreement of the software. In addition to this Agreement, you shall also comply with the user agreement of a third party when you use the products or services provided by such third party on Tencent platform. Tencent and the third party shall be respectively liable for any potential dispute to the extent stipulated by law.
11.1.2 Tencent does not guarantee security, accuracy, effectiveness and other uncertain risks of the services and content provided by the third parties. Any dispute or damage caused therefrom is irrelevant to Tencent, Tencent therefore will not assume any responsibility.
11.2 Third-Party Software or Technology
11.2.1 The Software may use third-party software or technology (including open source code and public domain code that may be used for the Software, as below), and such use has been legally authorized.
11.2.2 If any third-party software or technology is adopted for the Software, Tencent will display relevant agreements or other documents in accordance with relevant laws and regulations through annexes of this Agreement, a package in a specific folder of the installation package of the Software, and other forms, which may be expressed as "Software License Agreement", "License Agreement", "Open Source License" or other forms. The foregoing agreements and other documents presented through various forms are an integral part of this Agreement and shall have the same legal effect as this Agreement. You shall comply with all these requirements. If you fail to do so, such third party or competent state authority may file a lawsuit, impose fines or take other sanctions against you, and require Tencent to provide assistance. You shall be solely liable for relevant legal responsibilities.
11.2.3 Any disputes arising from the third party's software or technology used in the Software shall be settled by the third party, and Tencent shall not bear any responsibility. Tencent does not provide customer service support for third-party software or technology. If you need support, please contact the third party.
XII. Miscellaneous
12.1 You are deemed to have read and accepted this Agreement by using this Software. Tencent has the right to modify the provisions of this Agreement if necessary. You may view the latest version of this Agreement on the latest version of the Software. You shall be deemed to have accepted the revisions to this Agreement if you continue to use this Software provided by Tencent after this Agreement has been revised. If you do not accept the revisions, you should stop using the software.
12.2 This Agreement is concluded at Nanshan District, Shenzhen, Guangdong Province of the People's Republic of China.
12.3 The formation, effectiveness, performance, interpretation and dispute settlement of this Agreement shall be governed by the laws of the PRC (except for the laws of conflicts).
12.4 Any dispute or controversy between you and Tencent shall be first settled through friendly negotiation; if the negotiation fails, you agree to resolve the dispute or controversy through litigation by submitting the dispute or controversy to the court with jurisdiction over the place of execution of this Agreement.
12.5 The headings in this Agreement are inserted for convenience of reading only and do not have actual meanings and do not affect the interpretation of this Agreement.
12.6 If any provision hereof becomes invalid or unenforceable for whatever reasons, the remaining provisions shall remain valid and binding upon both parties. (End of Document)
Tencent Cloud Computing (Beijing) Co., Ltd.