Last modified: December 15, 2011
Obtainment of Personal Information
When you register as SOLITON member, our website/software will ask for your registered account (e-mail address), name, Identity number, gender, birthday, phone number, residence, contact address, backup e-mail address and your favor of music type.
When using SOLITON relevant member system or participating online advertising/marketing activities, our website/software will ask for your registration account and password to log-in for identifying your identity, so we can provide you with exclusive service.
Usage of Personal Information
The user’s personal information which our website/software collected, for example, your name and identity number, will be only used to identify the user, your e-mail address or contact address will be used to contact with or send invoices to you. Unless receiving your consent, we will not use your personal information in other ways or share it to the third Party. The third Party will have no right to use this information.
When a user may disobey the terms of the End User License Agreement or damage our website and/or other users, or we are requested by any judiciary department to disclosure any specific user’s information based on public security, we will disclose or provide user’s information under due process of law.
Liberty of Providing Personal Information
You can decide for yourself when filing the user’s personal information. When you voluntarily agree with our service clauses and register as our member, you have your own right to decide whether you would like to provide us your other personal information.
You can look up, revise, or delete your personal information which you registered on our website, including the decision whether you want to receive relevant activities or RSS information.
Security of Personal Information
To protect your privacy, your personal information is password-protected, and we use general standard SSL security system to protect your personal information transmission security. Please keep your password and personal information safe. Please also be reminded when you used SOLITON relevant service already, make sure that you have logged out or close the software and your browser to prevent from pirating.
Collect or Usage of Other Data
Our website and software will record the IP address of users and collect data relevant regarding user activities on our websites. These data will only be used as: analyzing user’s favor and habit, calculating visitors and flow, adjusting the content of webpage in accordance with user’s behavior and prefer. We will not to use the data to correspond your personnel.
We will keep all the rights to relevant data of user’s behavior.
Last modified: December 15, 2011
Acceptance and Modification
1. Acceptance. Please carefully read the representations, warranties, conditions, covenants and agreements set forth below in this end user license agreement (the “Agreement”) as they contain the legal terms that govern Your use of SOLITON (HK) Limited’s (“SOLITON”, “We”, “Us” or “Our”) social online music service known as SOLITON Music Service (“SMS”) and the App (as defined below). This Agreement is a binding contract between you (“You”, “Your” or the “User”) and SOLITON and it explains Your rights and obligations when You use the App and SMS. In this Agreement “App” means the software application distributed by SOLITON for use on Your Device (as defined below) in order to access SMS, as well as any future versions, improvements, developments, programming fixes, updates and upgrades thereof; and “Device” means a mobile phone, smartphone, handset, tablet, laptop, desktop or other device enabled for internet access and/or communication.
3. Modification. SOLITON reserves the right to change the terms of this Agreement at any time by publishing the revised Agreement on the SMS website. The revised Agreement shall become effective within thirty (30) days of such publication, unless You expressly accept the revised Agreement earlier by clicking on the accept button (if this option is made available). Your express acceptance or Your continued use of SMS after expiry of the notice period of thirty (30) days, shall constitute Your acceptance to be bound by the terms and conditions of the revised Agreement. You can find the latest version of this Agreement at http://www.soliton-music.com/eula.html
4. Downloading of the App, use of SMS and registration for an account to use SMS (“Your Account”) is void where prohibited. You must be 13 years or older to use SMS (including, but not limited to, registering for an account). By registering for SMS, You represent and warrant that You are 13 or older and that You have the capacity to understand, agree to and comply with this Agreement. Your Account may be deleted and Your access to SMS may be terminated without warning if We believe that You are under 13 years of age.
License from SOLITON
6. Subject to the terms and conditions of this Agreement, SOLITON hereby grants You a limited, personal, non-exclusive, non-sublicensable, non-assignable, non-transferable license to: (i) download, install and use the App on Your Device for the sole purpose of personally using SMS; and (ii) use SMS together with the App in accordance with this Agreement.
7. Unless SOLITON has given You specific written permission to do so, You may not assign (or grant a sub-license of) Your rights to use the App or otherwise transfer any part of Your rights to use the App.
8. During the registration and set-up for Your Account, You will be required to provide Us with certain information about Yourself including, without limitation, Your email address and, depending on the Device that You use, Your telephone number. As part of the registration process for Your Account, You will choose a password (the “Password”) for Your authorized access and use of SMS. Your Password are unique to You alone. Without them, no one can log-in to Your Account. You must carefully select Your Password so that it cannot be easily guessed by anyone else. You agree to keep Your Password absolutely confidential, and ensure it is never disclosed, accidentally or otherwise, to anyone else. You are fully responsible for all activities that occur under Your Account.
License from You for Your Content
11. By transmitting, posting, making available, submitting or otherwise communicating Your Content to or through SMS, You represent and warrant to SOLITON that You own, have a license to or otherwise control all of the rights to Your Content, and that Our use of Your Content (in accordance with this Agreement) will not infringe or violate the rights of any third party including, but not limited to, any privacy or intellectual property rights, or constitute violation of any applicable law. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any of Your Content.
12. You shall not have any right to terminate the licenses to Your Content granted in this Agreement, nor to seek, obtain, or enforce any injunctive or other equitable relief against SOLITON in connection with its use of Your Content in accordance with the this Agreement, all of which such rights are hereby expressly and irrevocably waived by You in favour of SOLITON.
13. WE ARE NOT OBLIGATED TO BACK-UP ANY OF YOUR CONTENT AND YOU ACKNOWLEDGE AND AGREE THAT ANY OF YOUR CONTENT MAY BE DELETED AT ANYTIME. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UP COPIES OF YOUR CONTENT IF YOU DESIRE.
Collection and Use of Personal Information
15. Being Found by Other Users: By default, other users of SMS will be able to search for Your e-mail address and be able to contact You and You fully understand, acknowledge and accept this.
16. Address Book Discovery: If You choose to enable SMS’s feature to locate other SMS users using Your Device’s address book information (“Address Book Discovery”), the App and SMS will use Your Device’s address book to locate and inform You of other SMS users that are also in Your Device’s address book. More specifically, through Address Book Discovery, the App will determine the list of phone numbers and email addresses contained in Your Device’s address book, send this address book information to Our servers, and Our servers will determine if those phone numbers and/or email addresses are registered to other SMS users. If an email address or phone number is registered to another SMS user, SMS will inform You that such person is a SMS user. The address book information from Your Device provided to SOLITON during the Address Book Discovery process is stored on Our servers in encrypted form. BY ENABLING AND USING ADDRESS BOOK DISCOVERY, YOU HEREBY CONSENT TO SOLITON STORING YOUR ADDRESS BOOK INFORMATION. Other SMS users may similarly use their address book contacts to connect with You via the Address Book Discovery feature or search for You by name and/or email address unless You choose to keep Your email address (as registered for SMS) private, which You can do in the “Settings” portion of the App. We will retain Your email address and, if provided to Us, Your phone number for this feature. By opting-in to the Address Book Discovery feature, You hereby consent to Our use of Your contact information and address book information as described in this paragraph.
17. Social Networks Discovery: If You choose to provide Us with Your Twitter, Facebook and/or other third party social networking service (as applicable) (“Social Networks”) log-in information, the App and SMS will use search through Your contacts for each Social Network to locate and inform You of other SMS users that are in Your Social Networks contacts (“Social Networks Discovery”). More specifically, through Social Networks Discovery, the App will determine the list of identifications, identifiers and/or usernames of Your contacts for each Social Network that You provide us with log-in information for, send this log-in information to Our servers, and Our servers will then access the databases of the applicable Social Networks to determine if any of Your contacts in the Social Networks are also registered SMS users. If one of Your contacts in a Social Network is a registered SMS user, SMS will inform You that such person is a SMS user. As part of Social Networks Discovery, We do not store the log-in information for the Social Networks that You provide log-in information for, but rather, We receive an authentication token from each Social Network and retain and use that authentication token to continue to access the databases of the applicable Social Networks. We retain authentication tokens for as long as You opt-in and choose to use Social Networks Discovery Feature for a Social Network. Other SMS users may similarly use their Social Networks contacts to connect with You via the Social Networks Discovery feature if You do choose to provide us with log-in information for a Social Network. By opting-in to the Social Networks Discovery feature, You hereby consent to Our use of the log-in information, contacts and applicable authentication tokens for Your Social Networks as described in this paragraph.
18. SMS is a community oriented service. Please remember that any Content that You post, submit or otherwise communicate to or through SMS is Your own responsibility and We expect You to take utmost care to ensure that it remains friendly, courteous, respectful of others and is compliance with this Agreement. You are required to comply with all applicable laws in connection with Your use of SMS and such further limitations as may be set forth in this Agreement and in any written or on-screen notice from SOLITON. You may not use SMS for any purpose that is unlawful or prohibited by this Agreement or that otherwise harms SOLITON, its affiliates, its service providers, suppliers or customers.
19. You agree that You will not use SMS to post, transmit, make available, submit or otherwise communicate any Content that: (i) is harmful or obscene; (ii) is defamatory, slanderous, libelous, harassing or abusive other otherwise harasses or advocates harassment of another person; (iii) contains nudity, pornography, excessive violence, or offensive subject matter or contains a link to an adult website; (iv) constitutes or promotes information that You know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, defamatory or libelous; (v) infringes the copyrights, patents, trade secrets, trademarks, trade names or other proprietary rights of any person or entity; (vi) constitutes “spam”, advertising or promotion of commercial services or products and or attempts to fundraise or solicit money from any other SMS user; (vii) or contains, or contains links to, files that contain viruses, malware, corrupted files, or any other similar software, programs or files.
20. You shall not, directly or indirectly, to do any of the following acts in connection with Your use of SMS or the App: (i) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of SMS or the App; (ii) modify, translate, or create derivative works based on SMS or the App; (iii) rent, lease, distribute, license, sublicense, sell, resell, assign, or otherwise commercially exploit SMS or the App or make SMS or the App available to a third party other than as contemplated in this Agreement; (iv) use SMS or the App for timesharing or service bureau purposes or otherwise for the benefit of a third party; (v) transfer, publish or disclose to third parties any evaluation of SMS or the App without SOLITON’s prior written consent; (vi) create any link to SMS or the App or frame or mirror any content contained or accessible from, SMS or the App; or (vii) violate any local, state, federal or foreign law, treaty, regulation or convention applicable to You in connection with Your use of SMS or the App, which may include, but not be limited to, the Unsolicited Electronic Messages Ordinance and similar provincial legislation in Hong Kong Special Administrative Region of The People’s Republic of China enacted from time to time, and other laws applicable to You related to privacy, publicity, data protection, electronic communications and anti-spamming laws.
21. SOLITON reserves the right to investigate and take appropriate action against anyone who, in SOLITON’s sole discretion, violates Sections 18,19 or 20 of this Agreement. Any use or misuse of SMS in a manner that is disruptive, damaging, unlawful, offensive or intrusive as determined by SOLITON, in its sole discretion, shall be a breach of the terms of this Agreement, which shall result in SOLITON terminating this Agreement (and Your Account) in accordance with Section 30 below.
Violations and Complaints
23. Despite Our safety and privacy controls, We cannot guarantee that You will not encounter inappropriate or illegal conduct from other users of SMS. Consequently, if You encounter such content and/OR conduct, You can help SOLITON by notifying us of any inappropriate or illegal conduct or content (such as, nudity or pornography, or harassing statements, unwelcome contact or fraud) by visiting http://www.soliton-music.com. The reporting of complaints will be confidential and once a complaint is received, We will first acknowledge the receipt of Your complaint and then take steps to address the complaint that may include, but is not limited to, removing the offending content or to warn or, as appropriate, to prevent from SMS those transmitting such content or engaging in such conduct. We will also promptly provide You with an explanation of the steps taken to address the complaint.
Intellectual Property Rights
24. All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the App, and the selection, coordination, and arrangement of such content, are owned by SOLITON, or its applicable third party licensors, to the full extent provided under applicable copyright laws.
25. All rights in the product names, company names, trade names, logos and designs of SOLITON or third party products or services that form part of SMS or the App, whether or not appearing in large print or with the trademark symbol, belong exclusively to SOLITON or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws, as applicable. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on this Agreement confers on You any license or right under any patent, copyright or trademark of the SOLITON or any third party.
Third Party Content and Links
26. SMS may be supported by advertising revenue and may display advertisements and promotions provided by third party partners or providers. The manner, mode and extent of advertising on SMS are subject to change without specific notice to You. In consideration for SOLITON granting You access to and use of SMS, You agree that SOLITON may place or allow the placement of such advertising on SMS.
28. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the App or SMS (collectively, “Submissions”) provided by You to Us are solely Your Submissions and not that of a third party, are non-confidential to You and shall become the sole property of SOLITON. SOLITON shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You. You hereby waive to and in favour of SOLITON Your moral rights in and to Submissions made by You.
Term and Termination
29. Term. The term of this Agreement (“Term”) will commence, and You may begin using the App and SMS, once You agree to this Agreement. The Agreement will remain in effect until terminated by You or Us in accordance with Section 30 below.
30. Termination. You may terminate this Agreement with immediate effect at any time. Without limiting other remedies, SOLITON may limit, suspend, or terminate this Agreement and Your use of SMS, the App, prohibit access to SMS and delete Your User Account, with immediate effect, automatically if We think that You are in breach of this Agreement, creating problems, legal liabilities (actual or potential), infringing someone else’s intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons. SOLITON shall effect such termination by providing notice to You to the email address You have provided to, and/or by preventing Your access to Your User Account. We reserve the right to cancel User Accounts that have been inactive for more than one (1) year.
31. Consequences of Termination. Upon termination of this Agreement: (a) all licenses and rights to use the App and SMS shall immediately terminate; (b) You will immediately cease any and all use of the App and SMS; and (c) You will immediately remove the App from Your Devices and all copies of the App in Your possession or under Your control.
32. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD SOLITON HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS, INCLUDING REASONABLE LEGAL FEES INCURRED BY SOLITON, IN CONNECTION WITH OR ARISING OUT OF YOUR: (I) VIOLATION OR BREACH OF ANY TERM OF THIS AGREEMENT OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN; (II) VIOLATION OF ANY RIGHTS OF ANY THIRD-PARTY; (III) USE OR MISUSE OF THE APP AND/OR SMS; OR (IV) YOUR CONTENT.
Disclaimer of Warranties and Limitation of Liability
33. No Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMS AND THE APP ARE PROVIDED “AS IS” WITH NO WARRANTIES OR CONDITIONS WHATSOEVER; SOLITON DOES NOT, MAKE ANY WARRANTIES, CLAIMS, CONDITIONS OR REPRESENTATIONS WITH RESPECT TO SMS INCLUDING, BUT NOT LIMITED TO THE APP, WHETHER EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. SOLITON FURTHER DOES NOT REPRESENT OR WARRANT THAT SMS OR THE APP, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES SOLITON WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF COMMUNICATIONS MADE THROUGH SMS.
34. Data and Access Disclaimer: TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, THE FAILURE TO STORE, THE MISDELIVERY, OR THE UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL INCLUDING, WITHOUT LIMITATION, ANY OF YOUR CONTENT. WE DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY CONTENT THROUGH SMS OR THE APP. BY USING SMS OR THE APP, YOU ACKNOWLEDGE AND AGREE THAT TECHNICAL PROCESSING AND TRANSMISSION OF INFORMATION USING SMS MAY INVOLVE TRANSMISSIONS OVER VARIOUS NETWORKS AND CHANGES TO CONFORM AND ADAPT TO TECHNICAL REQUIREMENTS OF CONNECTING NETWORKS OR DEVICES. SOLITON IS, AND SHALL, NOT BE RESPONSIBLE OR LIABLE FOR ANY: (A) INCORRECT OR INACCURATE TRANSCRIPTION OF INFORMATION; (B) HUMAN ERROR OR PRINTING ERROR; (C) INTERRUPTION, DELETION, OMISSION, DEFECT, OR LINE FAILURE OF ANY TELEPHONE NETWORK OR ELECTRONIC TRANSMISSION; (D) PROBLEMS RELATING TO YOUR DEVICE OR ANY OTHER COMPUTER EQUIPMENT, SOFTWARE, INABILITY TO ACCESS THE APP OR SMS; OR (E) OTHER TECHNICAL OR NON-TECHNICAL ERROR OR MALFUNCTION.
35. Specific Disclaimers:
(a) YOU ACKNOWLEDGE AND AGREE THAT: (I) SMS CANNOT TRANSMIT COMMUNICATIONS OR OTHER ELECTRONIC REQUESTS TO DEVICES THAT ARE UNREACHABLE (I.E. OUT OF CELLULAR COVERAGE, POWERED OFF, ETC.); AND (II) THAT SMS IS NOT A SERVICE TO BE RELIED UPON AS THE sole MEANS OF RECEIVING CRITICAL INFORMATION.
(b) IN NO EVENT SHALL SOLITON’S CHANNEL PARTNERS (INCLUDING, WITHOUT LIMITATION, DISTRIBUTORS OR SALES AGENTS) OR ANY AIRTIME SERVICE PROVIDER (COLLECTIVELY, “APP PROVIDERS”) BE LIABLE FOR THE SALE, DISTRIBUTION OR YOUR USE OF THE APP OR THE PERFORMANCE OR NON-PERFORMANCE OF THE APP. TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, THE APP PROVIDERS SHALL BE THIRD PARTY BENEFICIARIES TO THIS SECTION 35(b).
36. No Liability: SMS and the App are being provided to You free of charge or at a charge when you have subscribed to a full scale SMS via Your Account at SMS website. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOLITON, ITS SUPPLIERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR APP PROVIDERS WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF SMS OR THE APP, AS SET FORTH BELOW. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH SMS OR THE APP IS TO IMMEDIATELY UNINSTALL AND CEASE USE OF THE APP AND SMS.
37. Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SOLITON, ITS SUPPLIERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR APP PROVIDERS BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR:
(a) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF OR CORRUPTION TO DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE SMS OR THE APP;
(b) ANY LOSS OF INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT) ARISING OUT OF THE USE OR INABILITY TO USE SMS OR THE APP; OR
(c) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF: (I) ANY DISRUPTIONS OR DELAYS IN ANY COMMUNICATION WHEN USING SMS; (II) THE SUSPENSION OR TERMINATION OF THIS AGREEMENT BY YOU OR BY SOLITON FOR ANY REASON; OR (III) THE RELEASE OR THE DECISION NOT TO RELEASE NEW VERSIONS OF THE APP TO YOU.
38. THE LIMITATIONS ON SOLITON’S LIABILITY TO YOU IN PARAGRAPH 37 ABOVE SHALL APPLY WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.
39. NOTWITHSTANDING ANYTHING CONTRARY IN THIS AGREEMENT, IN NO EVENT SHALL SOLITON’S MAXIMUM AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT OF HONG KONG DOLLARS ONE-HUNDRED (HK$100.00). THE LIMITATIONS OF THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM.
40. Jurisdiction’s Limitations As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You. In such event the liability will be limited to the maximum extent possible within the applicable legislation.
41. App Merchants: You acknowledge and agree that the availability of the App is dependent on the third party from which You downloaded or received the App (the “App Merchant”). You acknowledge that this Agreement is between You and SOLITON and not with the App Merchant. SOLITON, not the App Merchant, is solely responsible for the App and SMS, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto. You agree to pay all fees charged by the App Merchant in connection with Your download of the App (if any). You agree to comply with, and Your license to use the App and SMS is conditioned upon Your compliance with, all applicable third party terms of agreement when using the App. You acknowledge that to the maximum extent permissible by law, the App Merchant (and its subsidiaries) are third party beneficiaries of this Agreement and will have the right to enforce this Agreement.
42. Data Charges: You acknowledge and agree that the App and use of SMS uses network services and may incur additional network data charges (including additional charges when roaming).
43. Apple Devices: If You download the App from the Apple app store (the “App Store”) or use the App to run on the Apple Inc. (“Apple”) operating system (“iOS”), such as with the iPhone, iPod, iPad or other related device using such iOS, the following terms will also apply and You acknowledge and agree to the following terms:
(a) Acknowledgement: SOLITON and You acknowledge that this Agreement is concluded between SOLITON and You only, and not with Apple, and SOLITON, not Apple, is solely responsible for the SMS and the App and the content thereof. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 43, the more restrictive or conflicting terms and conditions in this Section 43 apply, but solely with respect to the use of SMS and the App when used on iOS.
(b) Scope of License: The license granted to You for the App is limited to a non-transferable license to use the App on any iOS Device that You own or controls and as permitted by the Usage Rules set forth in the App Store terms of service (http://www.apple.com/legal/itunes/appstore/dev/stdeula/).
(c) Maintenance and Support: SOLITON is solely responsible for providing any maintenance and support services with respect to SMS and the App, as specified in this Agreement (if at all), or as required under applicable law. SOLITON and You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
(d) Warranty: SOLITON is solely responsible for any product warranties with respect to SMS and the App, whether express or implied by law, to the extent not otherwise disclaimed. In the event of any failure of the App to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the App to You; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be SOLITON’s sole responsibility.
(e) Product Claims: SOLITON and You acknowledge that SOLITON, not Apple, is responsible for addressing any claims of You or any third party relating to SMS and the App or Your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit SOLITON’s liability to You beyond what is permitted by applicable law.
(f) Intellectual Property Rights: SOLITON and You acknowledge that, in the event of any third party claim that the SMS or the App or Your possession and use of that App infringes that third party’s intellectual property rights, SOLITON and/or You, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
(g) Third Party Beneficiary: SOLITON and You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon Your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against You as a third party beneficiary thereof.
45. Survival: Any terms and conditions of this Agreement which by their nature extend beyond the termination or expiry of this Agreement shall survive the termination or expiry of this Agreement including, without limitation, Sections 9 – 13, 24 – 28, 31 – 44, 46 – 52 shall survive any termination of this Agreement.
46. Governing Law: This Agreement is governed, construed and interpreted by the law of the Hong Kong Special Administrative Region of The People’s Republic of China without regards to conflict of laws principles. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Hong Kong in respect of any disputes relating to or arising out of this Agreement.
47. Language. The Parties have expressly required that this Agreement, any communication and all other contracts, documents and notices relating to this Agreement be drafted in the English language.
48. Severability: If any of the provisions (or parts thereof) contained in this Agreement are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) of this Agreement.
49. Headings: The use headings are for convenience only and are not part of this Agreement.
50. Relationship: Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership between the parties; no party is by virtue of this Agreement authorized as an agent, employee or agent representative of the other party.
51. Waiver: Any waiver of any right or remedy under this Agreement must be in writing and signed by each party. No delay in exercising any right or remedy shall operate as a waiver of such right or remedy or any other right or remedy. A waiver on one occasion shall not be construed as a waiver of any right or remedy on any future occasion.
52. Assignment: You may not assign any rights or obligations under the Agreement and any purported assignment shall be ineffective. SOLITON may assign or delegate all rights and obligations under this Agreement without notice to You.
Should You have any questions concerning this Agreement, contact the SOLITON at:
SOLITON (HK) LIMITED