Preamble
Welcome to use Tencent BlueKing Software and relevant services!
You must read and comply with the Tencent BlueKing Software Licensing and Service Agreement (hereinafter referred to as the "Agreement") and Tencent Service Agreement in order to use Tencent BlueKing Software (hereinafter referred to as the "Software") and relevant services. Please carefully read and fully understand the content of each term of the Agreement, in particular the terms with respect to exemption or limitation of liability, and any separate agreements relating to activating or using some specific services, and choose to accept them or not. Terms relating to exemption or limitation of liability may be marked in bold form for your attention.
You may not download, install or use the Software and related services unless you have read and accepted all the terms of this Agreement. Your act of downloading, installation, use and logging of the Software shall be deemed that you have read and agreed to be bound by the Agreement.
1. Scope of the Agreement
1.1. Applicable Parties
This Agreement is entered into by and between you and Tencent regarding your downloading, installing, using and copying of the Software and your act of using related services of Tencent.
1.2. Agreements Relationship and Conflicting Terms
This Agreement shall be taken as a supplementary agreement to the Tencent Service Agreement (weblink: http://www.qq.com/contract.shtml. If the web link addresses change, the content directed by the changed link address shall apply. In the event of the other changes to other web link addresses as mentioned in this Agreement, the foregoing clause shall apply as well), and shall forms an integral part of such agreement and constitute one and the same document together with such agreement. In the event of any inconsistency between this Agreement and the Tencent Service Agreement, this Agreement shall prevail.
This Agreement also includes relevant agreements, business rules and other contents regarding the Services that Tencent may publish from time to time, which, immediately upon being officially published, will constitute an integral part of this Agreement and should also be complied by you.
2. The Services
2.1. Contents of the Services
The services referred herein refer to BlueKing products and related services, including but not limited to the basic operation and maintenance platform (such as "configuration platform", "operating platform", "control platform"), PaaS services (such as "AppEngine" , Developer Center, Application Development Framework, Modules, Front-end Magicbox), SaaS services (such as monitoring alarms, continuous integration, continuous deployment, ancillary operations), as well as other related products that support the above services , and the software licenses and services that provide users with complete basic services facilities to enable users to create, deploy and manage applications in a quick and convenient manner (hereinafter referred to as the "Services").
2.2. Form of the Services
You need to download BlueKing software to use the Services. Tencent grants you a non-transferable and non-exclusive license for your personal use of the Software. You may only use the software and services for the purpose of accessing to or using the Services.
2.3. Scope of License of the Services
2.3.1. Tencent grants you a non-transferable and non-exclusive license to use the Software. You may install, use, display and run the Software for a non-commercial purpose on a single terminal device.
2.3.2. You may make one copy of the Software for the purpose of using the Software and Services, and shall only use the copy as a backup. The copy must contain all copyright information contained in the original Software.
2.3.3. Tencent reserves all other rights that are not expressly authorized by this Article 2.3 and other terms of this Agreement. You shall separately obtain Tencent's written consent for exercise of such unauthorized rights. Tencent’s failure to exercise any of the above-mentioned rights does not constitute a waiver of such rights.
3. Acquisition of the Software
3.1. You can obtain the Software directly from Tencent's website or from a third party authorized by Tencent.
3.2. If you obtain the Software or any installation program with the name same as this Software from any third party without authorization by Tencent, Tencent cannot guarantee that such software will operate properly and therefore takes no responsibility for any loss caused to you due to the use of such software.
4. Installation and Uninstallation of the Software
4.1. Tencent may develop different versions of the Software for different terminal devices. You should choose an appropriate version for installation according to the actual condition.
4.2. After downloading the installation program, you need to follow the steps suggested by the program to achieve correct installation.
4.3. In order to provide a quality and secure service, Tencent may recommend other software to you during your installation of the Software, which you can choose to install or not.
4.4. If you no longer need to use the Software, or need to install the new version of the Software, you can uninstall the Software. If you want to help Tencent improve the product and services, please inform us of the reasons for uninstallation.
5. Software Update
5.1. In order to improve user experience and the contents of service, Tencent will continue to develop new services and from time to time provide you with software updates (in the form of software replacement, modification, feature enhancement and version upgrade, etc.).
5.2. In order to ensure the security and consistency of functionality of the Software and Services, Tencent reserves the right to update the Software, or change or restrict partial functionality of the Software without giving you any special notice.
5.3. After the new version of the Software is released, older versions of the Software may not be available. In that case, Tencent does not guarantee that the old versions of the Software and corresponding customer services continue to be available. Please check and download the latest version at any time.
6. Protection of the User’s Personal Information
6.1. Protecting user's personal information is a basic principle upheld by Tencent. Tencent will collect, use, store and share your personal information in accordance with this Agreement and the Privacy Policy (web link address: http://www.qq.com/privacy.htm). In case of any inconsistency and discrepancy between the provisions of this Agreement on the protection of personal information and those of the Privacy Policy, or this Agreement fails to clearly provide any aspect of personal information protection, the relevant provisions of Privacy Policy shall prevail.
6.2. Tencent will take reasonable measures to protect the user's personal information. Unless otherwise provided by laws and regulations, Tencent will not make public or disclose the user's personal information to any third party without permission of the users. Tencent adopts professional encryption storage and transmission methods for related information, in order to protect the user's personal information.
6.3. You may need to provide certain necessary information in order to register an account or to use the Services. And you may need to provide real identity information if that is a requirement provided by the laws, regulations or policies. Based on certain product features, Tencent may require you to provide identity information of non-affiliated users who use relevant features. You permit Tencent to collect such information for such purposes and acknowledge that you will not be able to use the Services or your use of the Services may be subject to certain restrictions if you fail to provide or provide incomplete information.
7. Rights and Obligations
7.1. Account Use Rules
7.1.1. Each user shall be responsible for properly safekeeping its registered account information and account password and shall be liable for any acts taken under its registered account and the password. Users agree that they shall not disclose account and password information to others under any circumstances. When you suspect that others are using your account, please deal with the situation promptly.
7.1.2. The user of the administrator account can create more than one accounts and shall be responsible for properly safekeeping the information of all accounts created by it.
7.1.3. The user of non-administrator account should properly safekeeping the account password and should ask help from the account administrator if it intends to change the password.
7.1.4. Legal liabilities related to or in connection with account password safety of Tencent BlueKing products shall be borne by the software users.
7.2. Cautions
7.2.1. You understand and agree that the Software will use the processor, bandwidth and other resources of your terminal 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 consult the telecommunication operator about the fee rate and bear relevant costs on its own.
7.2.2. You understand and agree:
7.2.2.1. All legal rights related to the third-party software you acquire from o the application stores of the Software shall be owned the third party. Any dispute arising from third party software shall be resolved by the third party in question, and Tencent does not assume any responsibility. Tencent does not provide customer service support for any third party software or technology. If you need any support, please contact the third party in question.
7.2.2.2. The Software contains no guarantee for the safety, legality, compatibility and harmlessness of the information of the related third party software, including the installation information and upgrade information. Any dispute arising hereunder shall be resolved by the third party in question, and Tencent does not assume any responsibility.
7.2.2.3. All legal rights regarding any third party software related to the Software are the property of the third party. The download, installation and use of the third party software shall be subject to the software license agreement of such third party software. Any dispute arising from third party software shall be resolved by the third party in question, and Tencent does not assume any responsibility.
7.2.2.4. This Software will be used by users to download and install Tencent and / or third party software. However, we cannot identify whether the third party software that users download or install by using this Software are properly licensed. If you are the owner of related third party software and do not want your software to be downloaded, installed and used through this Software, you may contact us via the contact details listed in this Agreement（Contact Email [*], Contact Phone Number [*]）. We will deal with relevant situation in an active manner.
7.2.3. When you use a particular service of this Software, the service may be governed by separate agreements and related business rules, etc. (hereinafter collectively referred to as the "Separate Agreement"). Please read and agree to relevant Separate Agreement before you use the service.
7.2.4. You understand and agree that Tencent will make its commercially reasonable efforts to maintain your data stored in the Software and Services safe, but Tencent cannot guarantee that your data is absolutely safe, especially:
7.2.4.1. Tencent is not responsible for deletion or failure of storage of relevant data in the Software and Services;
7.2.4.2. Tencent is entitled to decide at its discretion the longest period of data storage in the Software and Services for each user according to the actual situation, and allocate the maximum space in the server for data storage of each user, etc. You can back up relevant data in the Software and Services on your own according to your own needs;
7.2.4.3. If you stop using the Software and Services or the Services are terminated or canceled, Tencent can permanently delete your data from the server. When the Services are stopped, terminated or canceled, Tencent is not obligated to return any data to you.
7.3. Third-Party Products and Services
7.3.1. When you acquire products or services provided by any third party from the application store of this Software, you shall comply with the user agreement of the third party in addition to this Agreement. Tencent and the third party shall assume their respective responsibilities separately for any possible dispute between them within the scope prescribed by laws and stipulated by agreements.
7.3.2. Tencent does not guarantee the security, accuracy, effectiveness and other uncertain risks of products or services provided by any third party which you acquire from the application store of this Software. Any dispute or damage arises therefrom is irrelevant to Tencent, Tencent therefore will not assume any responsibility.
8. Users’ Codes of Conduct
8.1. Information Content Specification
8.1.1. Information contents contained in this Article refer to any content produced, copied, published or transmitted by users during the use of the Software and Services.
8.1.2. You understand and agree that Tencent BlueKing has always been committed to providing users with perfect basic service facilities. You shall not use the Software and Services to produce, copy, publish, or transmit the contents interfering with normal operation of BlueKing or infringing lawful rights and interests of other users or third parties, including but not limited to the following:
8.1.2.1. You may not publish, transmit, spread, and store contents which violate national laws and regulations, endanger national security and unity, undermine social stability, undermine public order and social morality, insult or slander others, disseminate obscenity or contain any sexual or sexual connotation or violent contents;
8.1.2.2. You may not publish, transmit, spread, and store contents infringing legitimate rights of others, including the right of reputation, right of portrait, intellectual property right and trade secrets;
8.1.2.3. You may not publish, transmit, spread, and store contents relating to others’ privacy, personal information or materials;
8.1.2.4. You may not publish, transmit and spread harassment and advertising information and spam;
8.1.2.5. Other information that violates laws, regulations, policies, public order and social morality, or interferes with the normal operation of Tencent BlueKing or infringes the legitimate rights and interests of other users or third parties, which information is also prohibited to published, transmit and spread.
8.2. Software Usage Specification
Unless permitted by law or with Tencent's written consent, you may not engage in any of the following acts in the course of your use of the Software:
8.2.1. Delete the copyright information on the Software and its copies;
8.2.2. Conduct reverse engineering, reverse assembly and reverse compiling on the Software, or other attempt to find the source code of the Software;
8.2.3. Use, rent, lend, copy, modify, link, reprint, compile, release, publish or establish a mirror site or through other means utilize the contents of intellectual property rights that Tencent owns;
8.2.4. Copy, modify, add, delete and mount the data stored in any terminal memory by the Software or during the operation of the Software, the interactive data between the client and the server during operation of the Software, and the system data necessary for operation of the Software, or create any derivative works by using means such as plug-ins, add-ons or third-party tools/services unauthorized by Tencent to access the Software and related systems;
8.2.5. Add, delete, change the functions or operating effects of the Software by modifying or forging the instructions and data of the Software, or operate or disseminate to the public the software and methods used for the purposes described above, regardless whether such acts are for commercial purposes or not;
8.2.6. Login or use Tencent Software and Services through any third-party software, plug-in, add-on or system that are not developed or authorized by Tencent, or produce, publish, disseminate those tools;
8.2.7. Interfere with the Software and its components, modules and data on your own or by authorizing others or third-party software to do so;
8.2.8. Other acts not expressly authorized by Tencent.
8.3. Service Operation Requirements
Unless permitted by law or with Tencent's written consent, you may not engage in the following acts in the course of your use of the Services:
8.3.1. Submit and publish false information, or impersonate others or use the name of others;
8.3.2. Induce other users to click on the links or share information;
8.3.3. Fabricate facts or conceal the truth to mislead or deceive others;
8.3.4. Infringe legitimate rights of others including right of reputation, right of portrait, intellectual property right and trade secrets;
8.3.5. Utilize any account, any function and any third-party operating platform to conduct promotion or mutual promotion without Tencent’s written consent;
8.3.6. Utilize any account or the Software and Services to engage in any illegal and criminal activities;
8.3.7. Produce or publish the methods or tools related to the above-mentioned acts, or operate or disseminate such methods or tools, regardless whether such acts are for commercial purposes or not;
8.3.8. Other acts violating laws and regulations, infringing the legitimate rights and interests of other users, interfering with normal operation of the products or not expressly authorized by Tencent.
8.4. Be Accountable for Your Own Acts
You fully understand and agree that you must be responsible for all acts under your account, including any content you published and any consequences arising therefrom. You shall evaluate the contents of the Service by yourself and assume all risks arising from the use of the contents, including the risks arising from reliance on the correctness, completeness or usefulness of the contents. Tencent cannot and will not be responsible for any loss or damage caused by the foregoing risks.
8.5. Treatment for Breach of Contract
8.5.1. If Tencent finds or receives any report or complaint from others against users on violation to the Agreement, Tencent is entitled to remove relevant contents at any time without sending you any notice, impose punishment such as warning, restriction or prohibition of the use of some or all of the functions, banning or cancellation of the account, and announce the results of treatment to the public regarding the violating account.
8.5.2. You understand and agree that Tencent is entitled to, by using its own reasonable discretion, punish any action that violates relevant laws and regulations or provisions of the Agreement, take appropriate legal action against any user in violation of any laws and regulations, and preserve relevant information in accordance with related laws and regulations and report to relevant departments, etc. Users shall bear all the legal responsibilities arising therefrom.
8.5.3. You understand and agree that you shall be solely liable for any third party claims, requests or losses arising out of or in connection with your breach of the provisions of the Agreement or relevant terms of the Services. You shall also compensation Tencent for any losses Tencent has suffered which can be attributed to your violation.
9. Statement on Intellectual Property Rights
9.1. Tencent is the holder of the intellectual property rights of the Software. All intellectual property rights related to the Software, including copyright, trademark, patent and trade secrets and all information related to this Software (including but not limited to text, images, audio, video, graphics, interface design, layout framework, relevant data or electronic documents) are protected by laws and regulations of the People's Republic of China and corresponding international treaties. Tencent enjoys the above intellectual property rights.
9.2. You may not or permit any third party to implement, use, or transfer any of the above intellectual property rights for any commercial or non-commercial purpose without the prior written consent of Tencent. Tencent reserves all the rights to hold you liable for the abovementioned actions.
10. Responsibility of Terminal Security
10.1. You understand and agree that the Software, like most Internet software, may be affected by a variety of factors including but not limited to users’ reasons, network service quality and social environment. It also may be interfered by various security issues, including but not limited to illegal use of user information by others to conduct harassment in real life. Other software downloaded and installed and websites visited by the user may contain viruses, Trojans or other malicious programs, which may endanger the security of information and data in your terminal device and in turn affect the normal use of the Software. Therefore, you should strengthen the awareness of information security and protection of personal information, and pay attention to password protection, to avoid any loss.
10.2. You shall not produce, publish, use, and disseminate any malicious program which can be used to steal other users’ accounts, personal information, or property.
10.3. It is the common responsibility of you and Tencent to maintain software security and normal use. Tencent will take reasonably and prudently technical measures to protect information and data security of your terminal device in accordance with industry standards, but you acknowledge and agree that Tencent cannot therefore provide a complete guarantee.
11. Third-Party Software or Technology
11.1. The Software may use third-party software or technology (including the open source code and public domain code that may be used for the Software, similarly hereinafter), and such use has been legally authorized.
11.2. If any third-party software or technology is adopted for the Software, Tencent will demonstrate the 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 or other forms, which may be expressed as "Software License Agreement", "License Agreement", "Open Source License" or other forms. The foregoing relevant 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 authorities 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.
11.3. Any dispute arising from a third party software or technology adopted by the Software should be resolved by the third party in question, and Tencent does not assume any responsibility. Tencent does not provide customer service support for any third-party software or technology. If you need any support, please contact the third party in question.
12. Miscellaneous
12.1. Your use of the Software shall be deemed that you have read and agreed to be bound by this Agreement. Tencent reserves the right to modify the terms of this Agreement when necessary. You can refer to the terms of the Agreement in the latest version of this Software. If you continue to use the Software upon any change to the terms of this Agreement, you shall be deemed as having accepted the amended Agreement. You should stop using the Software if you do not accept the modified Agreement.
12.2. This Agreement is executed in Nanshan District, Shenzhen City, Guangdong Province of the People's Republic of China.
12.3. The formation, effectiveness, performance, interpretation and dispute resolution of this Agreement shall be governed by the laws of the Mainland of the People's Republic of China, without giving effect to the principles of conflict of laws.
12.4. If any dispute arises between you and Tencent, the dispute shall be first resolved by friendly negotiation; where the negotiation fails, you agree to submit the dispute to the people's court with jurisdiction at the place of execution of this Agreement.
12.5. The headings of all the terms of this Agreement are for convenience only and do not have any actual meaning. They shall not be taken as a basis for the interpretation of the meaning of this Agreement.
12.6. Where any provision of this Agreement are found to be invalid or unenforceable for any reason, the remaining provisions shall remain in force and binding on both parties.
12.7. This Agreement may be written in different languages. In case of any inconsistency and discrepancy between the Chinese version and any version of other language, the Chinese version shall prevail. (End)
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