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Service Agreement
[Important Notice]
2. Scope of Software
Licensing
2.1. Xiaomi grants the User a personal, non-transferable and
non-exclusive license to use the Software without the right to
sublicense.
2.2. The User can install, use, display and run the Software on
a single mobile terminal device for non-commercial purposes.
However, the User shall not install, use or run the Software for
commercial operation purposes. The User shall not copy, alter
or modify any data of the Software, or any data released to the
memory of any terminal device during the running of the
Software and the interactive data generated between the client
and the server during the running of the Software, or run the
Software with plug-ins, or create any derivative work in any
form, including but not limited to plug-ins, access to the
Software and related systems through unauthorized third-party
tools/services. If you need to sell, copy or distribute the
Software commercially, e.g. software pre-installation and
bundling, you must obtain the written authorization and license
from Xiaomi.
2.3. Without the permission of Xiaomi, the User shall not install
the Software on other terminal devices that are not expressly
permitted by Xiaomi, including but not limited to set-top boxes,
game consoles, televisions, DVD players and so on.
2.4. The User may make a copy of the Software for the
purpose of using the Software and services, but it shall be
used only as a backup. The backup copy must contain all the
copyright information contained in the original software.
3. Software Acquisition,
Installation and Upgrading
3.1. The User shall download and install the Software from the
website or in the manner designated by Xiaomi. Be aware not
to download the Software on unspecified websites, so as to
prevent mobile devices from infecting malicious programs that
can destroy user data and acquire user privacy information. If
you acquire the Software or the installation program with the
same name as the Software from a third party that has not
been authorized by Xiaomi, Xiaomi cannot guarantee it will be
used normally and Xiaomi accepts no liability for any loss
thereby caused to you.
3.2. The User must select the Software version that matches
the terminal device installed. Otherwise, any software
problems, device problems or damages resulting from
mismatch between the Software version and the device model
shall be solely assumed by the User.
3.3. In order to improve User experience and optimize service
content, Xiaomi reserves the right to provide replaced,
modified and upgraded version of the Software, and also
reserves the right to charge for such replacement, modification
or upgrading, but will obtain your consent in advance for such
charges. The Software will enable "upgrade prompt" feature by
default for the User. Depending on the Software version used
by the User, Xiaomi provides the User with the discretion to or
not to enable the said feature. After the new version of the
Software is released, Xiaomi does not guarantee that older
versions of the Software will continue to be usable.
4. Usage Specifications
4.1. The User may use the Software and services in
accordance with this Agreement and laws. The User shall
not commit the following acts:
4.2.3. You shall not use the Software to commit the following
acts, including but not limited to
4.2.4. Without the permission of Xiaomi, you shall not carry out
any commercial conduct in the Software, such as advertising,
selling merchandise.
6.2. Neither Xiaomi nor its Partner is liable for any loss
suffered by the User due to reasons attributable to third
parties such as communication line failure, technical
problem, network or mobile terminal device failure, system
instability and other various force majeure factors.
7. Statement on Intellectual
Property Rights
7.1. Xiaomi is the intellectual property right holder of the
Software. All intellectual property rights such as copyright,
trademark, patent, trade secret, etc. relating to the Software,
and all information related to the Software (including but not
limited to text, pictures, audio, video, graphics, interface
design, layout, data or electronic documents, etc.) are
protected by local laws and regulations and corresponding
international treaties. Xiaomi enjoys the above intellectual
property rights.
7.2 Without the prior written consent of Xiaomi the User shall
not independently use or transfer any of the above intellectual
property rights for any commercial or non-commercial
purposes, or permit any third party to do so. Xiaomi reserves
the right to pursue legal liability for such acts.
8. Amendment
8.1. Xiaomi reserves the right to amend the terms of this
Agreement from time to time at its sole discretion, and any
such amended terms will be timely published on relevant web
pages. If you do not agree to any amendment, you shall take
the initiative to cancel the services. If you continue to use the
services, it shall be deemed your acceptance of the amended
Agreement.
9.3. Both the User and Xiaomi agree that any dispute
arising from the services shall first be settled through
consultations by the Parties. If no settlement can be
reached through such consultations, either Party may
submit the dispute to the court of competent jurisdiction
over the place where this Agreement is signed.
10. Miscellaneous
10.1. For any specific service of the Software, there may be a
separate agreement and related business rules, etc.
(hereinafter collectively referred to as the "separate
agreement"), so please read and agree to relevant separate
agreement before using such specific service.
10.2. This Agreement shall enter into force on the 2 July 2021.
10.3. The headings to all the terms of this Agreement are for
ease of reference only and shall be ignored in interpreting this
Agreement.
XIAOMI